Grant of Radio and Television Broadcasting Station Franchise to University of the Philippines System

September 23, 1995 *

REPUBLIC ACT NO. 8160

AN ACT GRANTING THE UNIVERSITY OF THE PHILIPPINES SYSTEM A FRANCHISE TO CONSTRUCT, ESTABLISH, MAINTAIN AND OPERATE FOR EDUCATIONAL AND OTHER RELATED PURPOSES RADIO AND TELEVISION BROADCASTING STATIONS WITHIN THE UNIVERSITY OF THE PHILIPPINES AND IN SUCH OTHER AREAS WITHIN THE SCOPE OF ITS OPERATION

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 University of the Philippines System hereunder referred to as the grantee, its successors or assigns, a franchise to construct, install, operate and maintain for educational and other related purposes, radio and television broadcasting stations within the campuses of the University of the Philippines and in such other places within the scope of its operations with the corresponding technological auxiliaries or facilities, special broadcast and other broadcast distribution services and relay stations, and to install radio communication facilities for the grantee's private use in its broadcast services.

SECTION 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 other existing station 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 should maximize rendition of the grantee's services and/or the availability thereof. cdt

SECTION 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.

SECTION 4. Responsibility to the Public.— The grantee shall provide reasonable public service 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; assist in the functions of the public informations and education; conform 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 assist in subversive or treasonable acts.

SECTION 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 over and operate the station 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, transmitter systems, facilities and equipment during the period when they shall be so operated.

SECTION 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.

SECTION 7. Acceptance and Compliance. — Acceptance of this franchise shall be given in writing within sixty (60) days after approval of this Act. Refusal or failure to accept the franchise or to operate within the prescribed period shall render the franchise void.

SECTION 8. Tax Provision. — Being part of the government, the grantee shall be exempt from paying all taxes and fees.

SECTION 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 promote 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 legislative franchise.

SECTION 10. Warranty in favor of National and Local Governments.— The grantee shall hold the national, provincial 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 a person, caused by the construction or operation of the stations of the grantee.

SECTION 11. 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 without the prior approval of the Congress of the Philippines. Neither shall the controlling interest of the grantee be transferred, whether as a whole or in parts and whether simultaneously or contemporaneously to any such private person, firm, company, corporation or entity without the prior approval of the Congress of the Philippines. Any such 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.

SECTION 12. 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.

SECTION 13. 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.

SECTION 14. General Broadcast Policy. — The grantee shall comply with and be subject to the provisions of a general broadcast policy law that may hereinafter be enacted.

SECTION 15. Reportorial Requirement. — The grantee shall submit an annual report to the Congress of the Philippines on its compliance with the terms and conditions of the franchise and its operations within sixty (60) days from the end of every year.

SECTION 16. Effectivity Clause.— This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation in the Philippines.

* Lapsed into law on September 23, 1995, without the signature of the President, in accordance with the Article VI, Section 27 (1) of the Constitution.

Published in Malaya and the Philippine Times Journal on October 23, 1995. Published in the Official Gazette, Vol. 92 No. 2 page 147 on January 8, 1996.