[ NTC MEMORANDUM CIRCULAR NO. 14-10-98, August 17, 1998 ]
GUIDELINES IN THE RENEWAL/EXTENSION OF TEMPORARY PERMIT OF RADIO/TV BROADCAST OPERATORS WHO FAILED TO SECURE A LEGISLATIVE FRANCHISE CONFORMABLY WITH THE MEMORANDUM OF UNDERSTANDING (MOU), DATED MAY 3, 1994, ENTERED INTO BY AND BETWEEN THE NATIONAL TELECOMMUNICATIONS AND THE COMMITTEE ON LEGISLATIVE FRANCHISES, HOUSE OF REPRESENTATIVES, AND THE KAPISANAN NG MGA BRODKASTER SA PILIPINAS (KBP)
In compliance with the MOU and in order to clear the ambiguity surrounding the operation of broadcast operators who were not able to have their legislative franchise approved during the last congress, the following guidelines are hereby issued:
1. Existing broadcast operators who were not able to secure a legislative franchise up to this date are given up to December 31, 1999 within which to have their application for a legislative franchise bill approved by Congress. The franchise bill must be filed immediately but not later than November 30th of this year to give both Houses time to deliberate upon and recommend the approval/disapproval thereof.
2. Broadcast operators affected by this circular must file their respective applications for renewal/extension of their Temporary Permits in the prescribed form together with the certification from the Committee on Legislative Franchises, House of Representatives that a franchise bill has indeed been filed prior to 30 November 1998.
3. In the event the permittee will not be able to have its franchise bill approved within the prescribed period, the NTC will no longer renew/extend its Temporary Permit and the Commission shall initiate the recall of its assigned frequency provided that due process of law is observed.
4. Henceforth, no application/petition for Certificate of Public Convenience (CPC) to establish, maintain and operate a broadcast station in the broadcast service shall be accepted for filing without showing that the applicant has an approved Legislative Franchise.
This Memorandum Circular shall be published in one (1) newspaper of general circulation in the Philippines and shall take effect thirty (30) days from its publication.
Adopted: 17 Aug. 1998
1. Existing broadcast operators who were not able to secure a legislative franchise up to this date are given up to December 31, 1999 within which to have their application for a legislative franchise bill approved by Congress. The franchise bill must be filed immediately but not later than November 30th of this year to give both Houses time to deliberate upon and recommend the approval/disapproval thereof.
2. Broadcast operators affected by this circular must file their respective applications for renewal/extension of their Temporary Permits in the prescribed form together with the certification from the Committee on Legislative Franchises, House of Representatives that a franchise bill has indeed been filed prior to 30 November 1998.
3. In the event the permittee will not be able to have its franchise bill approved within the prescribed period, the NTC will no longer renew/extend its Temporary Permit and the Commission shall initiate the recall of its assigned frequency provided that due process of law is observed.
4. Henceforth, no application/petition for Certificate of Public Convenience (CPC) to establish, maintain and operate a broadcast station in the broadcast service shall be accepted for filing without showing that the applicant has an approved Legislative Franchise.
This Memorandum Circular shall be published in one (1) newspaper of general circulation in the Philippines and shall take effect thirty (30) days from its publication.
Adopted: 17 Aug. 1998
(SGD.) GEORGE C. KINTANAR Deputy Commissioner |
(SGD.) ROBERTO L. DUQUE Deputy Commissioner |
(SGD.) PONCIANO V. CRUZ, JR.
Commissioner
Commissioner