Grant of Radio Station Franchise to Bataan Refining Corp.

June 22, 1963

REPUBLIC ACT NO. 3731

AN ACT GRANTING THE BATAAN REFINING CORPORATION A FRANCHISE TO ESTABLISH, MAINTAIN AND OPERATE PRIVATE FIXED POINT-TO-POINT, PRIVATE COASTAL, PRIVATE AERONAUTICAL AND LAND-BASED AND LAND MOBILE RADIO STATIONS FOR THE TRANSMISSION OF WIRELESS MESSAGES TO AND FROM SAID STATIONS

SECTION 1. The Bataan Refining Corporation is hereby granted a franchise to establish, maintain and operate private fixed point-to-point, private coastal, private aeronautical and land-based and land mobile radio stations in the Province of Bataan, in the City of Manila, and in such places within the Philippines where it operates its business and/or the interest of its trade and business activities justify, subject to the approval of the Secretary of Public Works and Communications, for the transmission and reception of wireless messages on radiotelegraphy or radiotelephony to and from said stations.

SECTION 2. This franchise shall continue to be in force for a period of forty-five years and is granted upon the express condition that the same shall be void unless the construction or installation of at least one station be begun within two years from the date of approval of this Act and be completed within four years from said date.

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

SECTION 3. The grantee shall not engage in domestic business of telecommunications in the Philippines without further assent of the Congress of the Philippines, it being understood that the purpose of this franchise is to secure to the grantee the right to establish, maintain and operate private fixed point-to-point, private coastal, private aeronautical and land-based and land mobile radio stations at the places hereinabove stated for no other purpose than to promote, protect and subserve the trade and business interests of the grantee.

SECTION 4. No fees shall be charged as the radio stations that may be established by virtue of this Act shall engage in communications regarding the grantee's business only.

SECTION 5. The grantee shall so construct and operate its stations as not to interfere with the operation of other radio stations maintained and operated in the Philippines.

SECTION 6. The grantee is authorized to operate its radio stations on the frequency and/or frequencies that may be assigned to it by the Secretary of Public Works and Communications.

SECTION 7. A special right is hereby reserved to the President of the Philippines, in time of war, insurrection, public peril, calamity, or disaster, to cause the closing of the grantee's radio stations or to authorize the temporary use or possession thereof by any department of the Government upon just compensation.

SECTION 8. The grantee shall file a bond in the amount of ten thousand pesos to warrant the full compliance with and fulfillment of the conditions under which the franchise is granted. If after two years from the date of acceptance of this franchise the grantee shall have fulfilled said conditions or soon thereafter as the grantee shall have fulfilled the same, the bond aforesaid shall be cancelled by the Secretary of Public Works and Communications.

SECTION 9. This franchise shall be subject to amendment, alteration, or repeal by the Congress of the Philippines when the public service so requires, and shall not be interpreted as an exclusive grant of the privilege herein provided for.

SECTION 10. Whenever in this Act the term "grantee" is used, it shall be held and understood to mean and represent the Bataan Refining Corporation, its representatives, successors or assigns. casia

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

Approved: June 22, 1963

Published in the Official Gazette, Vol. 59, No. 48, p. 8219 on December 2, 1963