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 ACT NO. 8114 - AN ACT
GRANTING FBS RADIO NETWORK, INC., A FRANCHISE TO ESTABLISH, CONSTRUCT,
INSTALL, MAINTAIN AND OPERATE COMMERCIAL RADIO AND TELEVISION STATION
IN THE PHILIPPINES, AND FOR OTHER PURPOSES.
|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 FBS Radio 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 and television broadcasting
station in the Philippines with the corresponding technological
auxiliaries or 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
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 minimum 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 minimize 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 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 services 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, or to the detriment of the public interest. or to incite, encourage or assists in subversive or treasonable acts.
Sec. 5. Rights of Government. — A special right is 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 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 approval 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 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.
Sec. 8. Tax Provisions. — The grantee, its successors
or assigns, shall 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 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
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 broadcast and/or telecast from its stations: provided, that the grantee, during any broadcast and telecast 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; and willful failure to do so shall constitute a valid cause for the cancellation of this franchise.
Sec. 10. Warranty in Favor of National and Local Governments. — The grantee shall hold the national, provincial 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.
Sec. 11. Sales, Lease, Transfer, Usufruct, etc. — the grantee shall not lease, transfer, grant the usufruct of, sell nor assign this franchise or the rights and privileges acquired there under to any person, firm, company, corporation or other commercial or legal entity, nor shall be the controlling interest of the grantee be transferred to any such private person, firm company, corporation or entity without the prior approval of the Congress of the Philippines. Any person or entity to which this franchise is sold, transferred or assigned, shall be subject to all the same conditions, terms, restrictions and limitations of this Act.
Sec. 12. Public Ownership. — In adherence to the constitutional mandate, the herein grantee shall comply with the enabling law implementing for the purpose the democratization of ownership of all public utilities.
Sec. 13. Separability Clause. — If any of the sections or provisions of this Act is held invalid, all the other provisions not affected thereby shall remain valid.
Sec. 14. Repealability 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:
Sec. 15. Broadcasting Policy Law. — The grantee shall comply with such broadcast policy law as Congress may enact.
Sec. 16. Effectivity Clause. — This Act shall take
effect fifteen (15) days after its publication in at least two (2)
newspapers of general circulation.