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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

7061

HOUSE BILL NO.

Introduced by

HON. WILTER “SHARKY” WEE PALMA II

AN ACT

RENEWING FOR ANOTHER TWENTY-FIVE (25) YEARS THE FRANCHISE
GRANTED TO IPIL BROADCASTING NEWS NETWORK, INC., AMENDING FOR
THAT PURPOSE REPUBLIC ACT 8094, AND EXPANDING ITS COVERAGE TO THE
ENTIRE VISAYAS AND MINDANAO ISLANDS

EXPLANATORY NOTE

This bill seeks to renew the franchise granted to Ipil Broadcasting News Network, Inc.
under Republic Act No. 8094 which took effect of July 6, 1995.

While ideally filing should have been made much earlier, the grantee invokes the impact
on its ability to gather documents/clearances and its regular operations of the outbreak of
Covid-19 and the community quarantines previously and presently imposed in various
localities around the country. Thus, grantee seeks the indulgence of this August Body for
not renewing earlier given that the legislative process entails considerable time due to
public hearings and conferences in both Houses of Congress.

Ipil Broadcasting News Network, Inc. was a pioneering radio station serving Ipil and the
surrounding municipalities which were then part of the third district of Zamboanga del Sur
before the new Province of Zamboanga Sibugay was created, of which Ipil became the
capital town. It is axiomatic that radio broadcast played a vital role in the growth and

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* RECEIVED 2


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development of that part of the country where access to other means of communication
and information were limited. Mindful of this responsibility and challenge, the grantee has
been steadfast in espousing well-balanced programming as well as quality broadcasting.
Moreover, it is conscious of its role as an important and truthful State partner by adhering
to the provision of the 1987 Constitution which laid down the pertinent State policy thus:
“The state recognizes the vital role of communication and information in nation-building.”

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

Alrn

WILTER “SHARKY” WEE PALMA II

1° District, Zamboanga Sibugay


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _7061

Introduced by

HON. WILTER “SHARKY” WEE PALMA II

AN ACT

RENEWING FOR ANOTHER TWENTY-FIVE (25) YEARS THE FRANCHISE
GRANTED TO IPIL BROADCASTING NEWS NETWORK, INC., AMENDING FOR
THAT PURPOSE REPUBLIC ACT 8094, AND EXPANDING ITS COVERAGE TO THE
ENTIRE VISAYAS AND MINDANAO ISLANDS

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

SECTION 1. Nature and Scope of Franchise— Subject to the provisions of the
Constitution and applicable laws, rules and regulations, the franchise granted to Ipil
Broadcasting News Network, Inc., hereunder referred to as the grantee, its successors or
assignees, under Republic Act No. 8094, entitled “An act granting the Ipil Broadcasting
News Network, Inc. a franchise to construct, install, operate and maintain radio and
television broadcasting stations in Zamboanga Del Sur and for other purposes" is hereby
renewed for another twenty-five (25) years from the date of effectivity of this Act and its
coverage expanded to the entire Visayas and Mindanao, with the corresponding
technological auxiliaries or facilities, special broadcast and other program and distribution
services and relay stations, and to install radio communication facilities for the grantee’s
private use in its broadcast services.

‘SECTION 2. Manner of Operation of Stations.— 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 the other existing station or stations


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

SECTION 3. Prior Approval of the National Telecommunications Commission.— The
grantee shall secure from the National Telecommunications Commission the appropriate
permits and licenses for its stations and shall not use any frequency in the radio/television
spectrum without having been authorized by the Commission. The Commission,
However, shall not unreasonably withhold or delay the grant of any such authority.

SECTION 4. Responsibility of the Public— The grantee shall provide adequate public
service time to enable the government, through the said broadcasting stations, to reach
the population on important public issues; provide at all times sound and balanced
programming; assist in the functions of public information and education; conform to the
ethics of honest enterprise, and not use its stations for the broadcasting of obscene and
indecent language, speech, act or scene, or for the dissemination of deliberately false
information or willful misrepresentation. or to the detriment of the public interest or to
incite, encourage, or assist in subversive or treasonable acts.

SECTION 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 station of the
grantee, to temporarily suspend the operation of any station 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, transmitter systems, facilities and equipment during the period when they shall
be so operated.

SECTION 6. Term of Franchise.— This franchise shall be for a term of twenty-five (25)
years from the date of approval of this Act, unless sooner revoked or cancelled. In the
event the grantee fails to operate continuously for two (2) years, this franchise shall be
deemed ipso facto revoked.

SECTION 7. Acceptance and Compliance.— Acceptance of this new franchise shall be
given in writing 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


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Senate, 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.

SECTION 8. 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, sedition; or the language
used therein or the theme thereof is indecent or immoral: Provided, further, That wilful
failure to do so shall constitute a valid cause for the cancellation of this franchise.

‘SECTION 9. Warranty in Favor of National and Local Governments.— The grantee shall
hold the national, provincial and municipal governments of the Philippines free 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 station of the
grantee.

SECTION 10. Sale, Lease, Transfer, Grant of Usufruct, or Assignment 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, nor shall the controlling interest
of the grantee be transferred to any such private person, firm, company, corporation or
entity without the prior approval of the Congress of the Philippines: Provided, That
Congress shall be informed of any sale, lease, transfer, grant of usufruct of, or assignment
of franchise or the rights or privileges acquired thereunder, or the merger or transfer of
the controlling interest of the grantee, within sixty (60) days after the completion of said
transaction: Provided, further, That failure to report to Congress such change of
ownership shall render the franchise ipso facto revoked: Provided, finally, That 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.

‘SECTION 11. Dispersal of Ownership.— In accordance with the constitutional provision
to encourage public participation in public utilities, the grantee shall offer to Filipino citizen
at least thirty per cent (30%) or a higher percentage that may hereafter be provided by
law of its outstanding capital stock in any securities exchange in the Philippines within


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five (5) years from the commencement of its operations: Provided, That in cases where
public offer of shares is not applicable, establishment of cooperatives and other methods
of encouraging public participation by citizens and corporations operating public utilities
must be implemented. Noncompliance therewith shall render the franchise jpso facto
revoked.

SECTION 12. General Broadcast Policy Law.— The grantee shall comply with a general
broadcast policy law which Congress may hereafter enact.

SECTION 13. 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 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. The reportorial compliance
certificate issued by Congress shall be required before any application for permit or
certificate is accepted by the NTC.

SECTION 14. Penalty Clause.— Failure of the grantee to submit the requisite annual
report to Congress will be penalized by a fine in the amount of Five Hundred Pesos
(P500.00) per working day on noncompliance. The fine will be collected by the NTC from
delinquent franchise grantee separate from the reportorial penalties imposed by the NTC.

SECTION 15. Equality Clause— Any advantage, favour, 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 the provisions of
broadcasting franchises concerning territory covered by the franchise, the life span of the
franchise or the type of service authorized by the franchise.

SECTION 16. Separability Clause.— If any of the sections or provisions of this Act is held
invalid, all the other provisions not affected thereby shall remain valid.

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


134 SEcTION 15. Effectivity Clause.— This Act shall take effect fifteen (15) days from the
135 date of the Official Gazette or in a newspaper of general circulation.

136 Approved,