Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS.
First Regular Session

House Bit No__ 5700

Introduced by: HON. ANICETO “JOHN” D. BERTIZ, Ill

EXPLANATORY NOTE

This bill seeks to renew the franchise granted to Radio Sorsogon Network, Inc.,
under republic Act No. 7635 entitled, An Act Granting Radio Sorsogon Network, Inc.
a Franchise to Construct, Install, Operate and Maintain Radio/Television
Broadcasting Stations Within the Bicol Region and for Other Purposes,” enacted into
law on July 24, 1992.

The Radio Sorsogon Network, Inc., is an entity that has been granted authority by
the state to operate for the last 25 years. It has began in its broadcast in 1992,
through its station DZRS-AM, serving the people of Sorsogon through its public
service, and current affairs programs. In 2016, it branched out in the FM band,
establishing DWQS-FM in Sorsogon City.

Media plays a crucial role in the development and growth of our country. Through the
years, the Radio Sorsogon Network, Inc., has exemplified this role, especially in
every crisis - be it a ravaging typhoons or in any emergencies ( man-made or natural
disasters), giving the much needed updates and information to the people, and
connecting their concerns with the appropriate government authorities.

The Radio Sorsogon Network, Inc. has served the Bicolanos in disseminating vital
information, in pursuit of the constitutional recognition of the State of the vital role of
communication and information in nation building.

The term of the franchise of the Radio Sorsogon Network, Inc., which is twenty five
(25) years, will expire on July 2017.

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

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

ANICETO “JOHN” D. BERTIZ, Ill


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
First Regular Session

5700

HOUSE BILL NO.

Introduced by: HON. ANICETO “JOHN” D. BERTIZ, Ill

AN ACT

RENEWING THE FRANCHISE GRANTED TO RADIO SORSOGON NETWORK
INCORPORATED UNDER REPUBLIC ACT NO. 7635 ENTITLED “AN ACT
GRANTING RADIO SORSOGON NETWORK, INC. A FRANCHISE TO
CONTRUCT, INSTALL, OPERATE AND MAINTAIN RADIO/TELEVISION
BROADCASTING STATIONS WITHIN BICOL REGION AND FOR OTHER
PURPOSES” FOR ANOTHER TWENTY-FIVE (25) YEARS FROM THE
EFFECTIVITY OF THIS ACT

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, there is hereby granted
to Radio Sorsogon Network, Inc., hereunder referred to as the grantee, its
Successors or assigns a franchise to construct, install, operate and maintain for
commercial purposes and in the public interest radio/television broadcasting stations
in the Bicol Region with the corresponding technological auxiliaries and 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 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 the
other existing station or 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 reception thereon as should 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 Telecommunication
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 to the Public— The grantee shall provide
reasonable 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; promote public participation such as in
community 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 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.

Section 5. Rights of Government.— A special right is hereby reserved to
the President of the Philippines, in times of rebellion, public peril, calamity,
emergency, disaster or disturbance of peace and order, to temporarily take over and
Operate the stations of the grantee, to temporarily suspend the operation of any
station in the interest of public safety, security and public welfare, or to authorized
the temporary use and operation thereof by any agency of the Government, upon
due compensation to the grantee, for the use of said stations during the period when
they shall be 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 any time after due process.

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
canceled. 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 franchise
shall be given in writing within sixty (60) days after approval 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. Bond. - The Grantee shall file a bond with the NTC in the amount
that the NTC shall determine to guarantee compliance with and fulfillment of the
Conditions 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.

Section 9. Seif-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: 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: Provided, further, That willful failure to do so shall constitute a valid cause
for the cancellation of this franchise.


Section 10. Warranty in Favor of National and Local Governments. - The
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.

Section 11. Non-transferability 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
the controlling interest of the grantee be transferred, 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. The conditions, terms, restrictions and limitations ‘set by this Act shall be
imposed on any person or entity to which this franchise is sold, transferred or
assigned.

Section 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%) 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 time it has achieved the status of a national
broadcasting network. A “national broadcasting network" is hereby defined as one
that operates three (3) or more radio and/or television stations. Noncompliance
therewith shall render the franchise ipso facto revoked.

Section 13. Equality Clause. - Any advantage, favor, privilege, exemption
or immunity granted under existing franchise, or which may hereafter be granted for
tadio and/ or television broadcasting, shall ipso facto become part of this franchise
and shall be accorded immediately and unconditionally to the herein grantee:
Provided, however, That the foregoing shall neither apply to nor affect 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 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.

Section 15. Reportorial Requirement. - The Grantee shall submit an annual
feport to the Congress of the Philippines on its compliance with the terms and
Conditions of the franchise and on its operations within sixty (60) days from the end
of every year.

Section 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.

Section 17. Repeatability 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.

Section 18. Effectivity Clause. - This Act shall take effect fifteen (15) days
after
its publication, upon the initiative of the grantee, in at least two (2) newspapers of
general circulation in the Philippines.

Approved,