H. No. 5391; 112 OG No. 24, 3684 (June 13, 2016)

[ REPUBLIC ACT NO. 10790, May 03, 2016 ]

AN ACT AMENDING THE FRANCHISE OF ALIW BROADCASTING CORPORATION AND RENEWING/EXTENDING THE TERM THEREOF TO ANOTHER TWENTY-FIVE (25) YEARS THAT SHALL TAKE EFFECT ON APRIL 13, 2017

Be it enacted by the Senate and House of Reprentatives of the Philippines in Congress assembled:

SECTION 1. The franchise of Aliw Broadcasting Corporation granted under Republic Act No. 7399 is hereby amended to read as follows:

"SECTION 1. Nature and Scope of Franchise. — Subject to the provisions of the 1987 Philippine Constitution and applicable laws, rules and regulations, the franchise granted to Aliw Broadcasting Corporation under Republic Act No. 7399, hereunder referred to as the grantee, its successors or assignees, to construct, install, establish, operate and maintain for commercial purpose and in the public interest, throughout the Philippines, radio and/or television broadcasting stations, including digital television system, through microwave, satellite or whatever means, including the use of any new technologies in television and radio systems, with the corresponding technological auxiliaries and facilities, special broadcast and other progran and 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 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 diminshing its own right to use to its selected wavelengths or reception thereon as should 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 Telecommunciation Commission (NTC), the appropriate permits and licenses for the construction and operation of its station and facilities and shall not use any frequency in the radio/television spectrum without authorization from the NTC.  The NTC, however, shall not unreasonably withhold or delay the grant of any such auhtority."

"SEC. 4. Responsibility to the Public. — The grantee shall provide adequate public service time to enable the government, through the said broadcasting stations or facilities, to reach thte population on importante public issues; provide at all times sound and balanced programming; promote public participation such as in community programming and education; conform to the ethics of honest enterprise; and not use its stations and facilities for the broadcasting of obsence and indecent language, speech, act or scene, or for the dissemination of deliberately false infromation 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. — A special right is hereby 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 occer and operate the stations or facilities of the grantee; to temporarily suspend the operation of any station or facility in the interest of public, safety security and public welfare; or to authorize the temporary use nad 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 these shall be so operated."

"The radio spectrum is a finite resource that is part of the national partimony and the use thereof is a privilege conferred upon the grantee by the State and may be withdrawn any time after due process."

"SEC. 6. Self-regulation by and Undertaking of Grantee. — The grantee shall not require any previous censorhip of any speech, play, act or scene, or other matter to be broadcast from its stations: Provide, That the grantee, during any broadcast, shall cut off from the air the speech, play, act or sceen, 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: Provided, further, That willful failure to do so shall constitute a valid cause for the cancellation of this franchise."

"SEC. 7. Warranty in Favor of National and Local Governments. — The grantee shall hold the national, provincial, city and municipal governments of the Philippines free from all claims, accounts, demands or actions arising out of accidents or injuries, whether to property or to person, caused by the construction or operation of the stations of the grantee."

"SEC. 8. Sale, Lease, Transfer, Usufruct, or Assignment of Franchise. — The grantee shall not lease, transfer, grant the usufruct of, sell nor assign this franchise or the rights and priviledges acquired thereunder to any person, firm, company, corporation or other commercial or legal 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: Provided, That Congress shall be informed of any lease, transfer, grant of usufruct of, sale or assignment of franchise or the rights and privileges acquired thereunder, or of the merger, or transfer of controlling interest of the grantee within sixty (60) days after the completion of said transaction: Provided, further, That failure to report to Congress such change of ownship shall render the franchise ipso facto revoked: Provided, finally, That any person or entity to which this franchise is sold, transferred or assigned, shall be subject to the same conditions, terms, restrictions and limitations of this Act."

"SEC. 9. Dispersal of Ownership. — In accordance with the consitutional provision to encourage public participation in public utilities, the grantee shall offer to Filipino citizens at least thirty percent (30%) or a higher percentage that may hereafter be provided by law of its outstanding capital stock in any securities exchange in the Philippines within five (5) years from the commencement of its operations: Provided, That in cases where public offer of shares is not applicable, establishment of cooperatives and other methods of encouraging public participation by citizens and corporations operating publuc utilities must be implemented.  Noncompliance therewith shall render the franchise ipso facto revoked."

"SEC. 10. Equality Clause. — Any advantage, favor, privilege, exemption or immunity granted under existing franchise, or which may hereafter be granted for radio and/or television broadcasting, upon prior review and approval of Congress, shall become part of this franchise and shall be accorded immediately and unconditionally to the herein grantee: Provided, That the foregoing shall neither apply to nor effect provisions of broadcasting franchises concerning territory covered by the franchise, the life span of the franchise or the type of service authorized by the franchise."

"SEC. 11. General Broadcast Policy Law. — The grantee shall comply with and be subject to the provisions of a general broadcast policy law, which Congress may hereafter enact."

"SEC. 12. Reportorial Requirement. — The grantee shall submit an annual report to the Congress of the Philippines, through the Committee on Legislative Franchises of the House of Representatives and the Committee on Public Services of the Senate, on its complaince with the term and conditions of the franchise and on its operations on or before April 30 of succeeding year.  The reportorial compliance certificate issued by Congress shall be required before any application for permit or certificate is accepted by the NTC."

"SEC. 13. Penalty Clause. — Failure of the grantee to submit the requisite annual report to Congress shall be fined five hundred (P500.00) per working day of noncompliance.  The fine shall be collected by the NTC from the delinquent franchise grantee separate from the reportorial penalties imposed by the NTC."

"SEC. 14. Separability Clause. — If any of the sections or provisions of this Act is held invalid, all other provision not affected thereby shall remain valid."

"SEC. 15. Repeability and Nonexclusivity Clause. — This franchise shall be subject to amendement, 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 priviledges herein provided for."

SEC. 2. Renewal/Extension of the Term of Franchise. — The term of the franchise granted under Republic Act No. 7399 is hereby renewed/extended for a period of twenty-five (25) years that shall take effect on April 13, 2017.  This franchise shall deemed ipso facto revoked in the event the grantee fails to operate continuously for two (2) years.

SEC. 3. Acceptance and Compliance. — Acceptance of the amendment and extension/renewal of the franchise shall be given in writing to the Congress of the Philippines, through the Committee of Legislative Franchise of the House of Representatives and the Committee on Public Services of the Senate, within sixty (60) days from the effectively of this Act.  Upon giving such acceptance, the grantee shall exercise the privileges granted under this Act.  Nonacceptance shall render the franchise void.

SEC. 4. Effectivity. — This Act shall take effect fifteen (15) days from the date of its publication in at least two (2) newspapers of general circulation in the Philippines.

Approved,

(Sgd.) FRANKLIN M. DRILON
President of the Senate

(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House of Representatives

This Act which is originated in the House of Representatives was passed by the House of Representaitves on May 25, 2015, amended by the Senate on December 7, 2015, and which amendments were concurred in by the House of Representatives on December 16, 2015.

(Sgd.) OSCAR G. YABES
Secretary of the Senate

(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives

Approved: MAY 03 2016

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

Source: Supreme Court E-Library