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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 9648

Introduced by
HON. WILTER “SHARKY” WEE PALMA II

AN ACT
RENEWING FOR ANOTHER TWENTY-FIVE YEARS THE FRANCHISE
GRANTED TO TRANS RADIO BROADCASTING CORPORATION, AMENDING
FOR THAT PURPOSE REPUBLIC ACT NO. 8088 ENTITLED “AN ACT
GRANTING THE TRANS RADIO BROADCASTING CORPORATION A
FRANCHISE TO ESTABLISH, OPERATE AND MAINTAIN RADIO AND
TELEVISION BROADCASTING STATIONS IN METRO MANILA AND OTHER,
AREAS IN THE PHILIPPINES WHERE FREQUENCIES AND/OR CHANNELS
ARE STILL AVAILABLE FOR RADIO AND TELEVISION BROADCASTING”

EXPLANATORY NOTE

This bill seeks to renew the franchise granted to Trans Radio Broadcasting Corporation under
Republic Act No. 8088 which took effect last July 6, 195.

‘Trans Radio Broadcasting Corporation served as a tool for news, public information, music
and entertainment within its frequency coverages in the Philippines. During its operations, the
grantee has demonstrated their unqualified support to the ideals and policies of good
government and has managed to maintain a well-balanced programming in the advocacy of
truth, honesty and integrity. With its standard of excellence, the station never stops improving,
innovating and keeping its pace in terms of program development and quality broadcasting.

In view of the foregoing, passage of this bill is eamestly sought

Cefn

.R “SHARKY” WEE PALMA II
istict, Zamboanga Sibugay



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. __5648

Introduced by

HON. WILTER “SHARKY” WEE PALMA II

AN ACT

RENEWING FOR ANOTHER TWENTY-FIVE YEARS THE
FRANCHISE GRANTED TO TRANS RADIO BROADCASTING
CORPORATION, AMENDING FOR THAT PURPOSE REPUBLIC ACT
NO. 8088 ENTITLED “AN ACT GRANTING THE TRANS RADIO
BROADCASTING CORPORATION A FRANCHISE TO ESTABLISH,
OPERATE AND MAINTAIN RADIO AND TELEVISION
BROADCASTING STATIONS IN METRO MANILA AND OTHER
AREAS IN THE PHILIPPINES WHERE FREQUENCIES AND/OR
CHANNELS ARE STILL AVAILABLE FOR RADIO AND TELEVISION
BROADCASTING”

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 1987 Philippine Constitution and applicable laws, rules and regulations,
the franchise granted to Trans Radio Broadcasting Corporation, hereunder
referred to as the grantee, its successors or assignees, under Republic Act No.
8808, entitled “An Act granting the Trans Radio Broadcasting Corporation a
franchise to establish, operate and maintain radio and television broadcasting
stations in Metro Manila and other areas in the Philippines where frequencies

1


and/or channels are still available for radio and television broadcasting, s hereby
renewed for another twenty-five (25) years from the effectivity of this Act.

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 and 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.

SEC. 4. Responsibility to the Public. - The grantee shall provide adequate
public service time to enable the government, through the said broadcasting
Stations or facilities, 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 and facilities for the broadcasting of obscene and 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.

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

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agency of the government, upon due compensation to the grantee, for the use of
its 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 in effect for a period
of twenty-five (25) years from the effectivity of the 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. 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 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. Nonacceptance shall render the franchise
void.

SEC. 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 willful failure to do so shall
constitute a valid cause for the cancellation of this franchise.

SEC. 9. Warranty in Favor of National and Local Governments. - The
grantee shall hold the national, provincial, city 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 stations of the grantee.

SEC. 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
merge with any other corporation or entity, nor shall transfer the controlling

3


interest of the grantee, whether as a whole or in parts, and whether
simultaneously or contemporaneously, to any such 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.

SEC. 11. Dispersal of Ownership. - In accordance with the constitutional
provision to encourage public participation in public utilities, the grantee shall
offer to Filipino citizens 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 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 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 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.

SEC. 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 of noncompliance. The fine will be

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collected by the NTC from the delinquent franchise grantee separate from the
reportorial penalties imposed by the NTC.

SEC. 15. Equality Clause. - 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 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.

SEC. 16. 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.17. Repeatability and Nonexclusivity 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.

SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,