[LOCAL ORDINANCE NO. ____]

January ____, 2008

REQUIRING ALL RADIO STATIONS LOCATED IN DAVAO CITY WITH MUSICAL FORMAT PROGRAMS TO BROADCAST A MINIMUM OF TWO ORIGINAL DAVAO MUSICAL COMPOSITIONS IN EVERY CLOCKHOUR AND THE ESTABLISHMENT OF A SPECIAL INDEPENDENT COMMITTEE TO SCREEN THE BROADCAST QUALITY OF THE SONGS AND FOR OTHER PURPOSES

WHEREAS, Davao radio programs with musical formats allot very limited playing time to local Davao music;

WHEREAS, there is low regard for the original compositions of Davao artists, which discourages creativity and originality, and cultivates inferior and copycat mentalities;

WHEREAS, to ensure the growth of the Davao music industry the airplay of original Davao music in our radio stations must be guaranteed;

WHEREAS, the local government is constitutionally mandated to conserve, promote and popularize the Davao’s historical and cultural heritage and resources, as well as artistic creations and to give patronage to arts and letters;

WHEREAS, the proposed legislative ordinance is consistent with national objectives set forth in July 25, 1987 Executive Order No. entitled "REQUIRING ALL RADIO STATIONS WITH MUSICAL FORMAT PROGRAMS TO BROADCAST A MINIMUM OF FOUR ORIGINAL PILIPINO MUSICAL COMPOSITIONS IN EVERY CLOCKHOUR AND FOR OTHER PURPOSES";

NOW, THEREFORE, THE LOCAL GOVERNMENT OF DAVAO CITY, do hereby order:

SECTION 1. All Davao radio stations shall broadcast a minimum of two (2) original Davao musical compositions in every clockhour of a program with a musical format, provided that the songs fit their genre format. For purposes of this local ordinance, “original Davao musical composition” shall refer to any musical composition created by a resident of Davao City, whether the lyrics be in Pilipino, English or in any other language or dialect.

SECTION 2. Clockhour excludes sponsored and featured shows such as countdowns, commentaries and other special segments.

SECTION 3. A radio station is prohibited to claim exclusive rights to play a song, unless it is covered by a notarized contract signed by the station and the artist or rightful owner of the song.

SECTION 4. A special committee shall be established to screen the playability of songs and classify their genre. The committee shall set the minimum objective standards in determining playability. Radio station representatives and recording studio owners are encouraged to become members of the committee through nomination and election.

SECTION 5. Radio stations are required to submit to the committee monthly reports showing the song title, artist, time and date of airplay.

SECTION 6. Any franchise holder or operator of a radio station which fails to broadcast the minimum number of original Davao musical compositions in every clockhour of a program with a musical format, fails to submit the monthly report or submits a false report, shall be fined in the amount of P100.00 per violation. The National Telecommunications Commission, with the recommendation or at the instance of the committee, may, after due hearing, suspend or cancel the Certificate of Registration and Authority to operate of any radio station in the event of repeated violations of this ordinance or its implementing rules and regulations.

SECTION 7. The National Telecommunications Commission shall promulgate the necessary rules and regulations to implement this ordinance.

SECTION 8. This local ordinance shall take effect immediately.

Done in the City of Davao, this ____th day of January, in the year of Our Lord, two thousand and eight.

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