REPRESEN

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Republic of the Philippines
HOSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First regular Session

HousEBILL No,__ 4924

Introduce by Hon. Erico Aristotle C. Aumentado

This bill, seeks to renew the franchise granted to Negros Broadcasting and
Publishing Corporation, Under Republic Act No. 8161 entitled. An Act An Act
Granting the Negros Broadcasting and Publishing Corporation a Franchise to
Establish, Operate and Maintain Radio and Television Broadcasting Stations in
the Visayas and Mindanao enacted on 23 September 1995.

The Negros Broadcasting and Publishing Corporation is an entity that has
been granted authority by the state to operate for the last forty years (since 1979).
It be began in broadcasting in, through its station DYEM-FM, serving the people
of Dumaguete City and Negros Oriental through its public service, and current
affairs programs.

The Negros Broadcasting and Publishing Corporation has served the
Oriental Negrensesin disseminating vital information, in pursuit of the
constitutional recognition of the state of the vital role of communication and
information in nation building.

The terms of the franchise of the Negros Broadcasting and Publishing
Corporation, which is twenty-five (25) years, will expire on September 22, 2020.

Media plays a crucial role in the development and growth of our country.
Through the years, the Negros Broadcasting and Publishing Corporation has
exemplified this role, especially in every crisis- be it a ravaging typhoon or
massive earthquake, sea disaster given the much needed updates and information
to the people, and connecting their concerns with the appropriate government
authorities.

It is therefore imperative that the continuation of this kind of public service
be given the states imprimatur, and support.

In view of the foregoing, approval of this bill is earnestly requested.

{Grice AristotieC-Kumentado


Republic of the Philippines
HOSE OF REPRESENTATIVES,
Quezon City

EIGHTEENTH CONGRESS
First regular Session

HOUSEBILL NO. _ 4924

Introduce by Hon. Erico Aristotle C. Aumentado

AN ACT
GRANTING THE NEGROS BROADCASTING AND PUBLISHING
CORPORATION A FRANCHISE TO CONSTRUCT, INSTALL, ESTABLISH,
OPERATE AND MAINTAIN RADIO BROADCASTING STATIONS IN
LUZON, VISAYAS AND MINDANAO.

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

SECTION 1.Nature and Scope of Franchise. Subject to the provisions of the
Philippine Constitution and applicable laws, rules and regulations, there is hereby
granted to the Negros Broadcasting and Publishing 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 broadcasting and television and cable tvstations in Luzon Visayas and
Mindanao where frequencies and/or channels are still available for radio and
television broadcasting, including digital radio system, throughmicrowave, satellite
or whatever means, including the use of any present technology in 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 privilege to use its assigned wavelengths or frequencies
and the quality of transmission or reception thereon as should maximize rendition
of the grantee's services and/or the availability thereof.

SEC.3.Prior Approval of — the National Telecommunications
Commission. -- The grantee shall secure from the National Telecommunications
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 from the NTC. The NTC, however,
shall not unreasonably withhold. or delay the grant of any such authority.


The grantee shall not dispose nor lease its facilities except to entities with
radio or television franchise: Provided, That the grantee shall inform and secure
written authorization to proceed from the NTC, and report the transaction to the
NTC within sixty (60) days after its completion: Provided, further, That the NTC
shall determine the corresponding sanction for any violation of this provision.

SEC. 4.Responsibility to the Public. — The grantee shall provide, free of
charge, adequate public service time which isreasonable and sufficient to enable
the government, through thebroadcasting stations or facilities of the grantee, to
reach the pertinent populations or portions thereof, on important publicissues and
relay important public announcements and warnings concerning public
emergencies and calamities. as necessity, urgency or 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 stationsor facilities for the broadcasting 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 paid commercials or advertisements which shall
be allocated based on need to the executive, legislative, 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.

SEC. 5.Right of the Government. — 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 any time after due process.

A special right is hereby reserved to the President of the Philippines, in
times of war, rebellion, public, 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 these shall be so operated.

SEC. 6.Term of Franchise. — This franchise shall be in effect for a period of
twenty-five (25) years from the 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) Commence operations within three (3) years from the effectivityof this
Act; and

(c) Operate continuously for two (2) years.

SEC. 7.Self-regulation by and Undertaking of the 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, but if any such speech, play, act, or scene,
or other matter should constitute a violation of the law or infringement of a private
right, the grantee shall be free from any liability, civil or criminal, for such speech,
play, act, or scene, or other matter: Provided, That the grantee, during any
broadcast, shall cut off the airing of 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: Provided, further, That willful failure to do so shall constitute a valid
cause for the cancellation of this franchise.

SEC 8.Warranty in Favor of the National and Local Governments. — The
grantee shall hold the national, provincial, city and municipal governments of the
Philippines free from all claims, liabilities, demands, or actions arising out of
accidents causing injury to persons or damage to properties, during the
construction or operation of the stations of the grantee.

SEC 9.Commitment to Provide and Promote the Creation of Employment
Opportunities. — The grantee shall create employment opportunities and shall
allow on-the-job trainings in their franchise operation: Provided, That priority shall
be accorded to the residents where their principal office is located: Provided,
further; That the grantee shall follow 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 annually.

SEC 10.Sale, Lease, Transfer, Grant of Usufruct, or Assignment of
Franchise. The grantee shall not sell, lease, transfer, grant the usufruct of, nor
assign this franchise or the rights and privileges acquired thereunder to any person,
firm, company, corporation or other commercial or legal entity, nor merge with
any other corporation or entity, nor the controlling interest of the grantee be
transferred, simultaneously orcontemporaneously, to any such person, firm,
company, corporation, or entity without notice to 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 of the
merger or transfer of the controlling interest of the grantee, within sixty (60) days
after the completion of 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 of this Act.


SEC. 11.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 on Public Services
of the Philippine Senate, on its compliance with the terms and conditions of the
franchise and on its operations on or before April 30 of every year during the term
of its franchise. Such reportorial compliance to the Congress shall be required
before any application for permitor certificate is accepted by the NTC.

SEC. 12.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)for non-
compliance. 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 National Treasury.

SEC. 13.£quality Clause. --- Except for taxes and customs duties, any
advantage, favor, privilege, exemption, or immunity granted under existing
franchises, or which may hereafter be granted for radio and/or television
broadcasting, upon prior review and approval of Congress, shall become part of
this franchise and shall be accorded immediately and unconditionally to the herein
grantee: Provided, That the foregoing shall neither apply to nor affect provisions of
broadcasting franchises pertaining to the term, the type of service, or the territorial
coverage of the franchise.

SEC. 14.Repealabilityand Non-exclusivity Clause. - This franchise shall be
subject to amendment, alteration, or repeal by the Congress of the Philippines
when the public interest sorequires and shall not be interpreted as an exclusive
grant of the privileges herein provided for.

SEC. 15.Separability Clause. -- If any of the sections or provisions of this
Act is held invalid, all other provisions not affected thereby shall remain valid.

SEC. 16.Repealing Clause. — All laws, decrees, executive orders,
resolutions, rules and regulations, or parts or provisions thereof which are not

consistent with this Act are hereby repealed, amended, or modified accordingly.

SEC. 17 Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,