Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Twentieth Congress
First Regular Session

HOUSE BILL No, _4309

Introduced by Representative BAMBI B. EMANO

AN ACT
GRANTING GOLDEN BROADCASTING CORPORATION, A FRANCHISE TO
CONSTRUCT, INSTALL, ESTABLISH, OPERATE AND MAINTAIN RADIO,
TELEVISION AND MULTIMEDIA SERVICES IN REGION X (NORTHERN
MINDANAO)

EXPLANATORY NOTE

Access to information and entertainment is an essential right of every
Filipino, as enshrined in Article Ill, Section 7 of the 1987 Philippine
Constitution, which guarantees the people's right to information on matters
of public concern. In today’s digital age, the role of media in shaping public
opinion, promoting transparency, and fostering an informed citizenry has
become more crucial than ever.

This bill seeks to grant Golden Broadcasting Corporation a legislative
franchise to construct, install, establish, operate, and maintain radio,
television, and multimedia broadcasting stations in Region X (Northern
Mindanao). Golden Broadcasting Corporation is a duly registered entity
under Philippine laws, committed to delivering responsible, ethical, and
factual journalism.

Golden Broadcasting Corporation envisions becoming a vital platform
for the delivery of factual news, responsible journalism, and ethical public
discourse, while also addressing the public's infotainment needs. As a multi-
platform broadcaster, its services will span across traditional radio and
television, as well as emerging digital and online media technologies,
ensuring broader access and reach in both urban and far-flung areas.


In an era where misinformation spreads rapidly, there is a growing need
for trustworthy sources of news and content. Golden Broadcasting aims to
be a reliable media outlet that promotes truth, counters disinformation,
and highlights real issues that matter to the Filipino people. It will also
serve as a cultural and educational platform, contributing to the formation
of informed, empowered, and socially responsible citizens.

In view of the foregoing, the immediate passage of this bill is earnestly
sought.



CoOVaunaune

Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Twentieth Congress
First Regular Session

HOUSE BILL NO. 4303

Introduced by Representative BAMBI B. EMANO

AN ACT
GRANTING GOLDEN BROADCASTING CORPORATION, A FRANCHISE TO
CONSTRUCT, INSTALL, ESTABLISH, OPERATE AND MAINTAIN RADIO,
TELEVISION AND MULTIMEDIA SERVICES IN REGION X (NORTHERN
MINDANAO)

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Nature of Scope of Franchise. Subject to the provisions of
the Constitution and applicable laws, rules and regulations, there is hereby
granted to Golden Broadcasting Corporation, hereunder referred to as the
grantee, its successors or assignees, a franchise to construct, install,
establish, operate and maintain for commercial purposes and in the public
interest, radio and/or television broadcasting stations in Region X (Northern
Mindanao), where frequencies and/or channels are still available for radio
and/or television broadcasting, including digital television system, through
microwave, satellite or whatever means, as well as the use of any new
technology in television and radio systems, with the corresponding
technological auxiliaries and facilities, special broadcast and other program
and distribution services and relay stations.

SEC. 2. Manner of Operation of Stations or Facilities. - The stations or
facilities of the grantee shall be constructed and operated in a manner as
will, at most, result only in the minimum interference on the wavelengths
or frequencies of existing stations or other stations which may be
established by law, without in any way diminishing its own right to use its
selected wavelengths or frequencies and the quality of transmission or


CHV aOHeUNE

reception thereon as should maximize rendition of the grantee's services
and/or availability thereof.

SEC. 3. Prior Approval of the National Telecommunications
Commission. - The grantee shall secure from the National
Telecommunication Commission (NTC) the appropriate permits and
licenses for the construction and operation of its stations or facilities and
shall not use any frequency in the radio/television spectrum without
authorization by the NTC. The NTC, however, shall not unreasonably
withhold or delay the grant of any such authority.

The grantee shall not dispose or lease its facilities except to entities with a
radio or television broadcasting franchise: Provided, That the grantee shall
inform and secure written authorization from the NTC to proceed with such
disposal or lease, and report the transaction to the NTC within sixty (60)
days after its completion: Provided, further, That the NTC shall determine
the corresponding sanction from any violation of this provision.

The NTC shall have the authority to revoke or suspend, after due process,
the permits or licenses of the grantee for any violation of the provisions of
the franchise, and may recommend to Congress the revocation of the
franchise for any violation of the provision thereof.

SEC. 4. Responsibility to the Public. - The grantee shall provide, free of
charge, adequate public service time which is reasonable and sufficient to
enable the government, through the grantee's broadcasting stations or
facilities, to reach the pertinent populations or portions thereof, on
important public issues, and relay important public announcements and
warnings concerning public emergencies and calamities, as necessity,
urgency or the law may require; provide at all times sound and balanced
programming; promote public participation; assist in the functions of
public information and education; conform to the ethics of honest
enterprise; promote audience sensibility and empowerment including
closed captioning; and not use its stations or facilities for the broadcast of
obscene or indecent language, speech, act or scene; or for the dissemination
of deliberately false information or willful misrepresentation. To the
detriment of the public interest; or to incite, encourage or assist in
subversive or treasonable acts.

Public service time referred herein shall be equivalent to a maximum
aggregate of ten percent (10%) of the paid commercials or advertisements
which shall be allocated based on need to the executive and legislative


branches, the judiciary, constitutional commissions, and international
humanitarian organizations duly recognized by statutes: Provided, That the
NTC shall increase the public service time in case of extreme emergency or
calamity. The NTC shall issue rules and regulations for this purpose, the
effectivity of which shall commence upon applicability with other similarly
situated broadcast network franchise holders.

Pursuant to Republic Act No. 8370, otherwise known as the "Children's
Television Act of 1997," the grantee shall allot a minimum of fifteen percent
(15%) of the daily total air time of each broadcasting network to child-
friendly shows within its regular programming.

SEC. 5. Right of Government. - A special right is hereby reserved to the
President of the Philippines, in times of war, rebellion, public peril,
calamity, emergency, disaster or disturbance of peace and order, to
temporarily take over and operate the stations or facilities of the grantee,
to temporarily suspend the operation of any station or facility in the
interest of public safety, security and public welfare, or to authorize the
temporary use and operation thereof by any agency of the government,
upon due compensation to the grantee, for the use of said stations or
facilities during the period when they shall be so operated. The radio
spectrum is a finite resource that is part of the national patrimony and the
use thereof is a privilege conferred upon the grantee by the State and may
be withdrawn anytime after due process.

SEC. 6. Term of Franchise. - This franchise shall be for a term of twenty -
five (25) years from the date of effectivity of this Act, unless sooner revoked
or cancelled. This franchise shall be deemed ipso facto revoked in the event
the grantee fails to comply with any of the following conditions:

(a) Commence operations within one (1) year from the approval of its
operating permit by the NTC;

(b) Operate continuously for two (2) years; and

(©) Commence operations within three (3) years from the effectivity of
this Act.

SEC. 7. Acceptance and Compliance. - Acceptance of this franchise shall
be given in writing within sixty (60) days from the effectivity of this Act.
Upon giving such acceptance, the grantee shall exercise the privileges
granted under this Act. Non-acceptance shall render the franchise void.


CoV anunawne

SEC. 8. Bond - The grantee shall file a bond issued in favor of the NTC,
which shall determine the amount, to guarantee the compliance with and
fulfillment of the conditions4 under which this franchise is granted. If, after
three (3) years from the date of the approval of its permit by the
Commission, the grantee shall have fulfilled the same, the bond shall be
cancelled by the Commission. Otherwise, the bond shall be forfeited in favor
of the government and the franchise ipso facto revoked.

SEC. 9. Self. - Regulation by and Undertaking of Grantee. - The grantee shall
not require any previous censorship of any speech, play, act or scene, or
other matter to be broadcast from its stations: Provided, That the grantee,
during any broadcast, shall cut off from the air the speech, play, act or scene,
or other matter being broadcast if the tendency thereof is to propose
and/or incite treason, rebellion or sedition; or the language used therein or
the theme thereof is indecent or immoral; and willful failure to do so shall
constitute a valid cause for the cancellation of this franchise.

SEC. 10. Warranty in Favor of National and Local Governments. - he
grantee shall hold the national, provincial, city and municipal governments
of the Philippines harmless from all claims, accounts, demands or actions
arising out of accidents or injuries, whether to property or to persons,
caused by the construction or operation of the stations of the grantee.

SEC. 11 Nontransferability of Franchise. - The grantee shall not lease,
transfer, grant the usufruct of, sell nor assign this franchise or the rights and
privileges acquired thereunder to any person, firm, company, corporation
or other commercial or legal entity, not merge with any other corporation
or entity, nor shall the controlling interest of the grantee be transferred,
whether as a whole or in parts, whether simultaneously or
contemporaneously, to any such persons, firm, company, corporation or
entity without prior approval of the Congress of the Philippines.

Congress shall be informed of any sale, lease, transfer, grant of usufruct, or
assignment of franchise, or the rights and privileges acquired thereunder,
or the merger or transfer of the controlling interest of the grantee within
sixty (60) days after the completion of the said transaction. Failure to report
to Congress such change of ownership shall render the franchise ipso facto
revoked.

Any person or entity to which this franchise is sold, transferred or assigned,
shall be subject to the same conditions, terms, restrictions and limitations


CON OUR UNH

1
12
13
14
15
16
17
18
19
20
2
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
4.
42

of this Act.

SEC. 12. Dispersal of Ownership. - In accordance with the constitutional
provision to encourage public participation in public utilities, the grantee
shall offer at least thirty per centum (30%) of its outstanding capital stock
or a higher percentage that may hereafter be provided by law in any
securities exchange in the Philippines within five (5) years from the
renewal of its franchise: Provided, That in cases where public offer of shares
is not applicable, the grantee shall apply other methods of encouraging
public participation by citizens and corporations operating public utilities
as allowed by law. Noncompliance therewith shall render the franchise ipso
facto revoked.

SEC. 13. Equality Clause. - All laws, decrees, executive orders, and rules
and regulations contrary to or inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

SEC. 14. General Broadcast Policy Law. - The grantee shall comply with
and be subject to the provisions of a general broadcast policy law, which
Congress may hereafter enact.

SEC. 15. Commitment to Provide and Promote the Creation of
Employment Opportunities. - The grantee shall create employment
opportunities as well as accept on-the-job trainees in their franchise
operations: Provided, that priority shall be accorded to the residents of the
place where the principal office of the grantee is located: Provided, further,
That the grantee shall comply with the applicable labor standards and
allowance entitlement under existing labor laws, rules and regulations and
similar issuances: Provided, finally, That the employment opportunities or
jobs created shall be reflected in the General Information Sheet (GIS) to be
submitted to the Securities and Exchange Commission (SEC) annually.

SEC. 16. Reportorial Requirement. - The grantee shall submit an annual
report to the Congress of the Philippines, through the Committee on
Legislative Franchises of the House of Representatives and the Committee
ic Services of the Senate, on its compliance with the terms and
ms of the franchise on or before April 30 of every year during the
term of its franchise.

The annual report shall include an update on the roll-out, development,
operation and/or expansion of business; audited financial statements;
latest GIS officially submitted to SEC, if applicable; certification of the NTC


on the status of its permits and operations; and an update on the dispersal
of ownership undertaking, if applicable.

The reportorial compliance certificate issued by the Congress shall be
required before any application for permit or certificate is accepted by the
NTC.

SEC. 17. Fine. - Failure of the grantee to submit the requisite annual report
to Congress shall be penalized by a fine of Five hundred pesos (P500.00)
per working day of noncompliance. The fine shall be collected by the NTC
from the delinquent franchise grantee separate from the reportorial
penalties imposed by the NTC and the same shall be remitted to the Bureau
of the Treasury.

SEC. 14. Effectivity Clause. - This Act shall take effect fifteen days from the

date of its publication in the Official Gazette or in at least two (2)
newspapers of general circulation.

Approved,