Grant of Radio Broadcasting Station Franchise to H. Marcos Calo

June 21, 1969

REPUBLIC ACT NO. 5807

AN ACT GRANTING H. MARCOS CALO A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A RADIO BROADCASTING STATION IN THE CITY OF BUTUAN

SECTION 1. Subject to the provisions of the Constitution, as well as of Act Numbered Three thousand eight hundred forty-six, entitled "An Act providing for the regulation of radio stations and radio communications in the Philippine Islands, and for other purposes;" Act Numbered Three thousand nine hundred ninety-seven, known as the radio broadcasting law; Commonwealth Act Numbered One hundred forty-six, known as the Public Service Act and their amendments, and other applicable laws, not inconsistent with this Act, H. Marcos Calo is hereby granted a franchise to construct, maintain and operate a radio broadcasting station in the City of Butuan.

SECTION 2. This franchise shall continue for a period of twenty-five years from the approval of this Act, and is granted upon the express condition that the same shall be void unless the construction of the radio station be commenced within two years from the date of approval of this Act and be completed within two years from said date.

SECTION 3. This franchise is likewise made upon the express condition that the grantee shall contribute to the public welfare, shall assist in the function of public information and education, shall conform to the ethics of honest enterprise, and shall not use his station for the dissemination of deliberately false information or willful misrepresentation, or to the detriment of public health, or to incite, encourage or assist in subversive or treasonable acts.

SECTION 4. The grantee's radio broadcasting station shall not be put in actual operation until the Secretary of Public Works and Communications shall have allotted to the grantee the frequency and wave length to be used under this franchise and issued to the grantee a license for such use.

SECTION 5. The radio broadcasting station of the grantee shall be so constructed and operated and the wave length so selected as to avoid interference with existing radio stations and to permit the expansion of the grantee's service.

SECTION 6. A special right is reserved to the President of the Philippines in time of war, rebellion, public peril, calamity, disaster or disturbance of peace and order, to cause the closing of the said station or to authorize the temporary use and operation thereof by any department of the Government without compensating justly the grantee for the use of said station during the period when it shall be so operated.

SECTION 7. In consideration of this franchise the grantee shall pay a tax equivalent to five per cent of his gross income. cd

SECTION 8. The franchise hereby granted shall be subject to amendment, alteration, or repeal by the Congress of the Philippines when the public interest so requires.

SECTION 9. Acceptance of this franchise shall be given in writing by this grantee within six months after the approval of this Act. When so accepted, the grantee shall be empowered to exercise the privilege granted thereby.

SECTION 10. The grantee shall not lease, transfer, grant the usufruct of, sell or assign this franchise or the rights and privileges acquired thereunder to any person, firm, company, corporation or other commercial or legal entity, nor merge with any other company or corporation organized for the same purpose, without securing the prior approval of the Congress of the Philippines. Any corporation to which this franchise may be sold, transferred or assigned shall be subject to the corporation laws of the Philippines now existing or hereafter enacted, and any person, firm, company, corporation, or other commercial or legal entity to which this franchise is sold, transferred, or assigned shall be subject to all conditions, terms, restrictions and limitations of this franchise as fully and completely and to the same extent as if the franchise had been originally granted to the said person, firm, company, corporation or other commercial or legal entity.

SECTION 11. This Act shall take effect upon its approval.

Enacted without Executive approval, June 21, 1969.

Published in the Official Gazette, Vol. 66, No. 5, p. 965 on February 2, 1970