Amendments to Act No. 3495

November 13, 1931

ACT NO. 3873

AN ACT TO AMEND SECTIONS FIVE AND SEVENTEEN 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"

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

"SEC. 17. As a condition of the granting of this franchise, the grantee shall execute a bond in favor of the Government of the Philippine Islands, in the sum of fifty thousand pesos, in a form and with sureties satisfactory to the Secretary of Commerce and Communications, conditioned upon the faithful performance of the grantee's obligations hereunder during the first six months of operation under this franchise. If, after six months of operation under this franchise, the grantee shall have fulfilled said obligations or so soon thereafter as the grantee shall have fulfilled the same, the bond aforesaid shall be cancelled by the Secretary of Commerce and Communications."

SECTION 3. This Act shall take effect on its approval.

Approved, November 13, 1931.