Amendment to Sec. 5 of Act No. 3495

October 12, 1933

ACT NO. 4071

AN ACT TO AMEND SECTION FIVE OF ACT NUMBERED THIRTY-FOUR HUNDRED AND NINETY-FIVE, ENTITLED "AN ACT GRANTING TO THE ROBERT DOLLAR COMPANY, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, A FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE IN THE PHILIPPINE ISLANDS, STATIONS FOR THE RECEPTION AND TRANSMISSION OF WIRELESS LONG DISTANCE AND PRESCRIBING THE CONDITION OF THE SAME," AS AMENDED

SECTION 1. Section five of Act Numbered Thirty-four hundred and ninety-five, as amended, is hereby further amended to read as follows:

"SEC. 5. This franchise shall not take effect nor shall any powers thereunder be exercised by the grantee until the Governor-General shall have allotted to the grantee the frequencies and wave lengths to be used thereunder and determined the stations to and from which each such frequency and wave length may be used, and issued to the grantee a license for such use. The grantee shall begin operation under this franchise within eight years from the date on which said license shall have been issued by the Governor-General.

"The Governor-General on reasonable notice to the grantee, may at any time change or cancel or modify in whole or in part any or all of the allotments of frequencies or wave lengths hereunder as well as any license issued hereunder to use such frequencies or wave lengths to and from any or all stations to and from which they may be used. He may take such action (a) whenever in his judgment such frequencies and wave lengths have been used or there is danger that they will be used by the grantee to impair or stifle competition or to obtain a monopoly in electrical communication, or to secure unreasonable rates for such communication, or otherwise to violate laws or public policy of these Islands; (b) whenever in his judgment the public interests of these Islands require that such frequencies or wave lengths should be used for other purposes than those of the grantee, either by the Government of the Philippine Islands or by other individuals or corporations licensed by it; (c) whenever in his judgment for any reason the public interests of these Islands so require.

"The Governor-General is authorized to appoint, employ or make use of such boards or commissions or agents as in his discretion he may select, to investigate and determine the facts upon which he may act as aforesaid, and such boards, commissions, and agents shall have the right by compulsory process of subpoena, to summon witnesses, administer oaths, and take evidence."

SECTION 2. This Act shall take effect in accordance with the provisions of section eleven of Act Numbered Twenty-seven hundred and eleven, known as the Administrative Code.

Approved, October 12, 1933.