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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. 8195 - AN ACT
GRANTING THE DESTINY CABLE, INC., A FRANCHISE TO ESTABLISH, CONSTRUCT,
INSTALL, 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 Destiny Cable, 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, cable/community antennae
television (CATV) systems and other related services in and between 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 interactive
computer electronic systems and stations, and the distribution or
transmission of the same to homes, offices, condominiums, subdivisions,
hotels, restaurants, and other residential, commercial and industrial
structures and other public and private conveyances within and outside
of the Philippines; to originate, store, distribute, transit and
receive through said systems, news and documentaries, entertainment,
cultural, informational and educational radio and television programs,
both live and recorded; to construct, establish, install, operate,
manage, lease, maintain and purchase transmitting, receiving and
switching stations both for local and international services, lines,
fiber optics, microwave, cables, satellite transmit and receive
systems, control signals, audio and video systems, information service
bureau, pay and pay per view television, video on demand and public
information on demand services, multi-disc read only memory network
delivery, packet and frame relay and electronic mail services and other
value added services and all other related technologies as are at
present available, or to be made available through technical advances
or innovations in the future, as is, or are, convenient to or essential
to efficiently carry out the purposes 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 existing stations or other stations which may be established by law, without in any way diminishing its own rights 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 the construction and operation of its stations, transmitters or facilities 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. Ingress and Egress. — For the purpose of erecting and maintaining poles or other supports for said wires or other conductors or for the purposes of laying and maintaining underground wires, cable, or other conductors, it shall be lawful for the grantee, its successors or assigns, with the prior approval of the Department of Public Works and Highways to make excavations or lay conduits in any of the public places, highways, streets, lanes, alleys, avenues, sidewalks or bridges of said provinces, cities and/or municipalities: provided, however, that any public place, highway, street, lane, alley, avenue, sidewalk or bridge disturbed, altered or changed by reason of the erection of poles or other supports or the underground laying of wires, other conductors or conduits, shall be repaired and replaced in a workmanlike manner by said grantee, its successors or assigns, in accordance with the standards set by the Department of Public Works and Highways. Should the grantee, its successors or assigns, after the ten days' notice from the said authority, fail, refuse or neglect to repair or replace any part of a public place, road, highway, street, lane, alley, avenue, sidewalk or bridge altered, changed or disturbed by said grantee, its successors or assigns, then the Department of Public Works and Highways shall have the right to have the same repaired and placed in good order and condition at double the expense to be charged against the grantee, its successors or assigns. Sec. 5. 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. 6. Right of Government. — A special right is
reserved to the President of the Philippines, in times of war,
rebellion, public peril, calamity, emergency, disaster or disturbance
of peace and order, to temporarily take over and operate the stations,
transmitter or facilities of the grantee, to temporarily suspend the
operation of any station, transmitter or facility 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, transmitters
or facilities during the period when they shall be so operated. Sec. 7. 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. This franchise shall be
deemed ipso facto revoked, in the event the grantee fails to comply
with any of the following conditions: Sec. 8. Acceptance and Compliance. — Acceptance of this franchise shall be given in writing within sixty (60) days after the effectivity of this Act. Upon giving such acceptance, the grantee shall exercise the privileges granted under this Act. Nonacceptance shall render the franchise void. Sec. 9. Bond. — The grantee shall file a bond issued in favor of the National Telecommunications Commission, which shall determine the amount, to guarantee the 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. Sec. 10. 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 hereafter may be
required by law to pay. In addition thereto, the grantee, its
successors or assigns shall pay a franchise tax of three percent (3%)
per annum or at such percentage as may be required by law on all gross
receipts of the 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 repealed, in which
case the amendment or repeal shall be applicable thereto. Sec. 11. 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 or transmitted from its stations: provided, that the grantee during any broadcast or transmission shall cut off from the air transmission the speech, play, act or scene, or other matter being broadcast or transmitted 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. 12. 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, transmitters, facilities and equipment of the grantee. Sec. 13. Sale, Lease, Transfer, Usufruct, etc. — The grantee shall not lease, transfer, grant the usufruct of, sell nor assign the franchise herein granted or the rights and privileges acquired thereunder to any person, firm, company, corporation or entity, nor merge with any 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. Any person or entity to which the franchise herein granted is sold, transferred or assigned shall be subject to the same conditions, terms, restrictions and limitations of this Act. Sec. 14. Dispersal of Ownership. — In accordance with constitutional provisions to encourage public participation in public utilities, the grantee shall offer at least thirty per centum (30%) of its outstanding capital stock or a higher percentage that may hereafter be provided by law in any securities exchanges in the Philippines within five (5) years from the time it has achieved the status of a national cable television network. A national cable television network is defined as one that operates in three or more cities and/or municipalities. Noncompliance therewith shall render the franchise ipso facto revoked. Sec. 15. General Cable Television Policy Law. — The grantee shall comply with and be subject to the provisions of a general cable television policy law which Congress may hereafter enact. Sec. 16. 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. 17. Repealability and Non-exclusivity Clause. — The franchise herein granted 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. 18. Reportorial Requirement. — The grantee shall submit an annual report to the Congress of the Philippines on its compliance with the terms and conditions of its franchise and on its operations within sixty (60) days from the end of every year. Sec. 19. Effectivity Clause. — This Act shall take
effect fifteen (15) days from the date of its publication in at least
two (2) newspapers of general circulation. |
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