Grant of Permit to Lepanto Consolidated Mining Co. (Radio Stations)

June 18, 1964

REPUBLIC ACT NO. 4008

AN ACT GRANTING LEPANTO CONSOLIDATED MINING COMPANY A PERMIT TO CONSTRUCT, MAINTAIN AND OPERATE PRIVATE FIXED POINT-TO-POINT, AERONAUTICAL AND LAND BASED RADIO STATIONS FOR THE RECEPTION AND TRANSMISSION OF RADIO COMMUNICATIONS TO AND FROM SAID STATIONS

SECTION 1. There is hereby granted to Lepanto Consolidated Mining Company, its successors or assigns, a permit to construct, maintain and operate in the Philippines, at such places as the grantee may select, subject to the approval of the Secretary of Public Works and Communications, private fixed point-to-point, aeronautical, and land based radio stations for the reception and transmission of wireless messages or radiotelephony or radiotelegraphy, each station to be provided with a radio transmitting and receiving apparatus.

SECTION 2. The President of the Philippines shall have the power and authority to permit the location of said private fixed point-to-point and land based radio stations or any of them on the public domain upon such terms as he may prescribe.

SECTION 3. This permit shall continue to be in force during the time that the Government has not established similar service at the places selected by the grantee, and is granted upon the express condition that the same shall be void unless the construction or installation of at least one of said stations be begun within one year from the date of approval of this Act and be completed within two years from said date.

SECTION 4. The grantee, its successors or assigns, shall not engage in domestic business of telecommunications in the Philippines without further special assent of the Congress of the Philippines, it being understood that the purpose of this permit is merely to secure to the Lepanto Consolidated Mining Company the right to construct, maintain and operate private fixed point-to-point, aeronautical and land based radio stations in such places within the Philippines as the interest of the grantee may justify, for no other purpose than to protect, promote, and subserve the trade and business interests of the grantee.

SECTION 5. No fees shall be charged by the grantee since the radio stations that may be established by virtue of this Act shall engage in communications regarding the grantee's business only.

SECTION 6. The grantee, its successors or assigns, shall so construct and operate its radio stations as not to interfere with the operation of other radio stations maintained and operated in the Philippines.

SECTION 7. The grantee, its successors or assigns, shall be subject to the corporation laws of the Philippines now existing or hereafter enacted.

SECTION 8. The grantee, its successors or assigns, shall hold the national, provincial, city, 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 persons, caused by the construction or operation of its radio stations.

SECTION 9. The grantee, its successors or assigns, is authorized to operate its private fixed point-to-point, aeronautical and land based stations in the low, medium, high, and very high frequencies and wave lengths that may be assigned to it by the Secretary of Public Works and Communications, or by any licensing authority.

SECTION 10. A special right is hereby reserved to the President of the Philippines in time of war, insurrection, public peril, or other national emergency and when public safety requires, to cause the closing of the grantee's radio station or stations or to authorize the use or possession thereof by any department of the Government without compensation to the grantee for the use of said stations during the continuance of the national emergency.

SECTION 11. The permit granted under this Act shall not be interpreted to mean an exclusive grant of the privilege herein provided for and is subject to amendment, alteration, or repeal by the Congress of the Philippines when the public interest so requires.

SECTION 12. This Act shall take effect upon its approval.

Approved: June 18, 1964

            Published in the Official Gazette, Vol. 60, No. 52, p. 8579 on December 28, 1964