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REPUBLIC ACT NO. 7921 - AN ACT
GRANTING THE SUMOROY BROADCASTING CORPORATION A FRANCHISE TO ESTABLISH,
OPERATE AND MAINTAIN RADIO AND TELEVISION BROADCASTING STATIONS IN
REGION VIII (EASTERN VISAYAS) |
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 the Sumoroy Broadcasting
Corporation, its successors or assigns, hereunder referred to as the
grantee, a franchise to construct, establish, operate and maintain
radio and television broadcasting stations in Region VIII with the
corresponding technological auxiliaries or facilities, special
broadcast and other broadcast 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 manner as will at most result only in the minimum interference on the wavelengths or frequencies of the existing stations or other 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. Sec. 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. Sec. 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, 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. — The President of the Philippines, in times of rebellion, public peril, calamity, emergency, disaster or disturbance of peace and order, may temporarily take over and operate the stations of the grantee, temporarily suspend the operation of any station in the interest of public safety, security and public welfare, or 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 during the period when they shall be so operated. Sec. 6. Term of Franchise. — This franchise shall be for a term of twenty-five (25) years from the date of effectivity 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. Sec. 7. Acceptance and Compliance. — Acceptance of this franchise shall be given in writing within sixty (60) days after the approval of this Act. Refusal or failure to accept the franchise or to operate within the prescribed period shall render the franchise void. Sec. 8. Tax Provisions. — The grantee, its
successors or assigns, shall be liable to pay the same taxes on their
real estate, buildings and personal property exclusive of this
franchise, as other persons or corporations are now or hereafter may be
required by law to pay. In addition thereto, the grantee, its
successors or assigns, shall pay a franchise tax equivalent to three
percent (3%) of all gross receipts of the radio/television business
transacted under this franchise by the grantee, its successors or
assigns: provided, that the grantee, its successors or assigns, shall
continue to be liable for income taxes payable under Title II of the
National Internal Revenue Code pursuant to Sec. 2 of Executive Order
No. 72 unless the latter enactment is amended or repealed, in which
case the amendment or repeal shall be applicable thereto. Sec. 9. Self-regulation by and Undertaking of
Grantee. — The grantee shall not require any prior censorship in any
speech, play, act or scene, or other matter to be broadcast or telecast
from its stations: provided, that the grantee, during any broadcast or
telecast, shall cut off from the air any speech, play, act or scene, or
other matter being broadcast or telecast 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, and willful
failure to do so shall constitute a valid cause for the cancellation of
this franchise. Approved: February 24, 1995 |
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