Grant of Radio Station Franchise to L. Coñate Logging Enterprise

June 15, 1968

REPUBLIC ACT NO. 5227

AN ACT GRANTING L. COÑATE LOGGING ENTERPRISE A FRANCHISE TO ESTABLISH, MAINTAIN AND OPERATE PRIVATE FIXED POINT-TO-POINT, PRIVATE COASTAL, LAND-BASED AND LAND-MOBILE RADIO STATIONS FOR THE TRANSMISSION AND RECEPTION OF WIRELESS MESSAGES

SECTION 1. L. Coñate Logging Enterprise is hereby granted a franchise to establish, maintain and operate private fixed point-to-point, private coastal, land-based and land-mobile radio stations in Manila as well as in all such places within the Philippines where it operates its business and/or when 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 radiotelegraph or radiotelephone to and from said stations, each station to be provided with a radio transmitting apparatus and a radio receiving apparatus.

SECTION 2. This franchise shall continue in force for a period of twenty-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.

SECTION 3. The President of the Philippines shall have the power and authority to permit the location of said private fixed point-to-point, private coastal, land-based and land-mobile radio stations on any land of the public domain upon such terms as he may prescribe.

SECTION 4. The grantee 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 franchise is to secure to the grantee the right to establish, maintain and operate private fixed point-to-point, private coastal, land-based and land-mobile radio stations at the places hereinabove stated for no other purpose than to promote, and subserve the trade and business interests of the grantee.

SECTION 5. No fees shall be charged by the grantee as 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 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 7. 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 8. 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. cd

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

SECTION 10. The grantee shall be subject to the corporation laws of the Philippines now existing or which may hereafter be enacted.

SECTION 11. 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 person, company or corporation organized for the same purpose without the approval of the Congress of the Philippines first had. 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 the 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 12. Whenever in this Act the term "grantee" is used, it shall be held and understood to mean and represent L. Coñate Logging Enterprise, its representatives, successors or assigns.

SECTION 13. This Act shall take effect upon its approval.

Enacted without Executive approval, June 15, 1968.

Published in the Official Gazette, Vol. 65, No. 20, p. 5014 on May 19, 1969