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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. 7969 - AN ACT
GRANTING THE CENTRAL CATV, INC. A FRANCHISE TO ESTABLISH, CONSTRUCT,
MAINTAIN AND OPERATE FOR COMMERCIAL PURPOSES CABLE/COMMUNITY ANTENNAE
TELEVISION SYSTEMS IN THE PHILIPPINES |
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 Central CATV, Inc.,
hereunder referred to as the grantee, its successors or assigns, a
franchise to construct, establish, install, operate and maintain for
commercial purposes and in the public interest, community antennae
television systems in the different provinces, cities and
municipalities in the Philippines and between the Philippines and other
countries and territories, through the reception of audio, visual and
other signals of the different national and local television and radio
stations in the Philippines, and those of foreign television, radio and
other stations, including pay tv, and the distribution or transmission
of the same to homes, offices, condominiums, subdivisions, hotels,
restaurants, and other residential, commercial and industrial
structures within and outside of the Philippines by means of
electromagnetic waves, optics or any kind of energy, force, variations
or impulses, radiated through space or transmitted through any other
medium as may be allowed by law and are present available or will be
made available through technological advances or innovations in the
future; to originate, distribute, transmit and receive through said
systems, news and documentaries, entertainment, informational and
educational radio and television programs, both live and recorded; and
to establish, construct, maintain and operate such other systems as are
essential or convenient to carry out the purpose of this franchise.
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 the existing stations or other stations which may be established in accordance with 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 would maximize rendition of the grantee's services and/or 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 and 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 adequate public service time to enable the government, through the said cable television 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 transmission 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 war, rebellion, public peril, calamity, emergency, disaster or disturbance of peace and order, may temporarily take over and operate the stations or facilities 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 or facilities 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 effectivity of this Act. Upon giving such acceptance, the grantee shall exercise the privileges granted under this Act. Non-acceptance 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 be levied, assessed and collected a
franchise tax equivalent to three percent (3%) of all gross receipts of
the business transacted under this franchise by the grantee, its
successors or assigns and the said percentage shall be in lieu of all
taxes on this franchise or earnings thereof: 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. Sec. 9. 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 telecast from its
stations: provided, that the grantee, during any telecast shall cut off
from the air the speech, play, act or scene, or other matter being
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: March 30, 1995 |
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