ERE N

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILLNO.__342 _

Introduced by HON. MARLO C. BANCORO
First District, Zamboanga Sibugay

EXPLANATORY NOTE

Republic Act No. 8687, enacted on June 25, 1998, granted Westwind
Broadcasting Corporation a legislative franchise to construct, install, operate, and
maintain radio and television broadcasting stations in Visayas and Mindanao for a
period of twenty-five (25) years.

Westwind Broadcasting Corporation served as a tool for news, public
information, music and entertainment for Zamboanga City and other areas. It delivers
mix of music and public affairs programming styles and is one of the most listened to
and trusted radio stations in Zamboanga Peninsula. During its operation, the grantee
has demonstrated its unqualified support to the ideals and polices of the government
and has managed to maintain a well-balanced programming in the interest of truth,
honesty, and integrity.

Over the years, Westwind Broadcasting Corporation has played a vital role in
promoting public service, information dissemination, education, and entertainment
through responsible and community-oriented broadcasting. Its continued operation
has significantly contributed to local development and to the exercise of the public’s
right to information, especially in underserved and geographically isolated areas.

In light of its accomplishments and the continuing demand for accessible and
inclusive broadcasting services, this bill seeks to renew the legislative franchise of
Westwind Broadcasting Corporation for another twenty-five (25) years. Moreover, the
bill proposes to expand its scope of operation nationwide, enabling the Corporation to
build and operate radio and television broadcasting stations throughout the entire
archipelago, subject to regulatory approval and applicable laws.

The expansion of Westwind’s coverage is aligned with the national policy of
fostering a pluralistic media environment and promoting greater access to information
for all Filipinos. It also supports the development of regional content, the preservation
of local culture, and the strengthening of media freedom and diversity.

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

ATTY. Cc. iCORO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. __342

Introduced by HON. MARLO C. BANCORO
First District, Zamboanga Sibugay

AN ACT
RENEWING FOR ANOTHER TWENTY FIVE (25) YEARS THE FRANCHISE
GRANTED TO WESTWIND BROADCASTING CORPORATION UNDER REPUBLIC
ACT NO. 8687, ENTITLED "AN ACT GRANTING THE WESTWIND
BROADCASTING CORPORATION A FRANCHISE TO CONSTRUCT, INSTALL,
ESTABLISH, OPERATE, AND MAINTAIN RADIO AND TELEVISION STATIONS
IN THE VISAYAS AND MINDANAO”

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
WESTWIND BROADCASTING CORPORATION, hereunder referred to as the Grantee,
its successors or assignees, under Republic Act No. 8687 to construct, install, establish,
operate, and maintain for commercial purposes and in the public interest, radio
and/or television broadcasting stations in the Visayas and Mindanao, where
frequencies and channels are still available for radio and television broadcasting,
including digital television system, through microwave, satellite, or whatever means,
as well as the use of any new technology in radio and television systems, with the
corresponding technological auxiliaries and facilities, special broadcast, and other
program and distribution services, and relay stations, is hereby renewed for another
twenty-five (25) years.

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 jn any way
diminishing its own privilege to use its assigned wavelengths or frequencies, and the
quality of transmission or reception thereon should maximize rendition of the
Grantee's services and 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
spectrum without authorization from the NTC. The NTC, however, shall not
unreasonably withhold or delay the grant of any such authority.


In case of any violation of the provisions of this franchise, the NTC shall have
the authority to revoke or suspend, after due process, the permits or licenses it issued
pursuant to the franchise. The NTC may recommend to Congress of the Philippines
the revocation of the franchise for any violation of the provisions of this franchise.

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 broadcasting stations or facilities of the Grantee, 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 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 broadcasting of obscene or indecent language, speech, act
or scene, the dissemination of deliberately false information or willful
misrepresentation, to the detriment of 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 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 or station to child-friendly shows
within its regular programming.

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 that may be withdrawn any time after due process.

Aspecial 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 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 operate continuously for two (2) years.

SEC. 7. 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, 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 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 accept on-the job trainees in the 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.

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. 10. Sales, 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 corporations or entity, nor shall be controlling interest of the Grantee be
transferred, simultaneously or contemporaneously, to any person, firm, company,
corporation, or entity without the prior approval of Congress.

The Grantee shall inform Congress, through the Office of the Speaker of the
House of Representatives and Office of the Senate President, 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 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 of this Act.

SEC. 11. Dispersal of Ownership. -In accordance with the constitutional
sion to encourage public participation in public utilities, the Grantee shall offer to
ino citizens at least thirty percent (30%) of its outstanding capital stocks, or a
higher percentage that may hereafter be provided by law, in any securities exchange in
the Philippines within five (5) years from the effectivity of this Act: Provided, that in



cases where public offer of shares is not applicable, other methods of encouraging
public participation by citizens and corporations operating public utilities must be
implemented. Noncompliance therewith shall render the franchise ipso facto revoked.

SEC. 12. 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. 13. Reportorial Requirement. -The Grantee shall submit an annual
report on its compliance with the terms and conditions of the franchise and on its
operations 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 or before April 30 of every year during the term of its franchise.

The annual report shall include an update on the commencement of activities,
development, operation or expansion of business; audited financial statements; latest
GIS officially submitted to the 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 Congress
shall be required before any application for permit or certificate is accepted by the
NTC.

SEC. 14. Penalty clause. - Failure of the Grantce 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 to the NTC. The fine shall be collected
separately from the reportorial penalties imposed by the NTC and it shall be remitted
to the Bureau of the Treasury.

SEC. 15. Equality Clause. -Any advantage, favor, privilege, exemption or
immunity granted under existing franchises, or which may hereafter be granted for
radio 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 territorial coverage, the term, or the type of
service authorized by the franchise.

SEC. 16. Repealability and Nonexclusivity Clause. -This franchise shall
be subject to amendment, alteration, or repeal by Congress when the public interest so
requires, and shall not be interpreted as an exclusive grant of the privileges herein
provided for.

SEC. 17. 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. 18. Repealing clause. - All laws, decrees, orders, resolutions,
instructions, rules and regulations, and other issuances, or parts thereof which are
inconsistent with the provisions of this Act are hereby repealed, amended, or modified
accordingly.

SEC. 19. Effectivity. -This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,