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PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Republic Acts :
REPUBLIC ACTS
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REPUBLIC ACT NO. 7965 - AN ACT
GRANTING THE SATELLITE BROADCASTING INCORPORATED A FRANCHISE TO
CONSTRUCT, INSTALL, OPERATE AND MAINTAIN RADIO AND TELEVISION
BROADCASTING STATIONS WITHIN REGIONS I AND II INCLUDING THE CORDILLERA
REGION |
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 Satellite Broadcasting
Incorporated, its successors or assigns, hereunder referred to as the
grantee, a franchise to construct, install, operate and maintain for
commercial purposes and in the public interest radio and television
broadcasting stations in the Philippines with the corresponding
technological auxiliary or facilities, special broadcasts and other
broadcast distribution services and relay stations.
Sec. 2. Responsibility to 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 issue; 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. 3. Right 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 said
stations, 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 during the period when they shall be operated. Sec. 4. Term of Franchise. — This franchise is granted for a period of twenty-five (25) years from the date of effectivity of this Act unless sooner revoked, cancelled or amended. In the event the grantee fails to operate continuously for two (2) years from the approval of its permit by the National Telecommunications Commission, this franchise shall be deemed ipso facto revoked. Sec. 5. Acceptance and Compliance. — Acceptance of this franchise shall be given in writing to the Secretary of Transportation and Communications, with a copy furnished to the chairman of the National Telecommunications Commission within sixty (60) days after effectivity of this Act. When so accepted by the grantee the grantee shall exercise the privileges granted thereby. Non-acceptance shall render the franchise void. Sec. 6. Tax Provision. — The grantee, its
successors or assigns, shall be liable to pay the same taxes on their
real state, 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. 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. 7. Responsibility of the Grantee. — The grantee shall not require any previous censorship of any speech, play act or scene, or other matter to be broadcast or telecast from its station: provided, that any such speech, play, act or scene, or other matter does not constitute a violation of the law or infringement of private rights: provided, further, that the grantee, during any broadcast or telecast, may cut off any broadcast or comment which in its opinion could incite treason, rebellion or sedition or when the language used therein or the theme thereof is indecent or immoral or is inimical to public interest, necessity and convenience, and willful failure to do so shall constitute a valid cause for the cancellation of this franchise. t Sec. 8. Sale, Lease, Transfer, Usufruct, etc. — The grantee shall not lease, transfer, grant the usufruct of, sell or assign this franchise or the rights and privileges acquired thereunder to any person, firm, company, corporation or entity, nor merge with any other company or corporation not otherwise enfranchised for broadcasting services without the approval of the Congress of the Philippines. The controlling interest of the grantee shall not be transferred, assigned nor sold, whether as a whole or in parts and whether simultaneously or contemporaneously within (5) years from the date of the effectivity of this Act. Any corporation, person or entity to which this permit is sold, transferred or assigned, shall be subject to all the same conditions, terms, restrictions and limitations of this Act. Sec. 9. Manner of Operation of Stations or
Facilities. — The stations or facilities of the grantee shall be
constructed in a manner as will avoid interference on the wavelengths
or frequencies of authorized users, whether for broadcasting or
telecommunications purposes without in any way diminishing its own
right to use its selected wavelengths or frequencies and the quality of
transmission or reception of signals. Approved: March 30, 1995 |
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