Grant of Radio Station Franchise to Pacific Cement Co., Inc.

June 21, 1969

REPUBLIC ACT NO. 5814

AN ACT GRANTING PACIFIC CEMENT COMPANY, INC., A FRANCHISE TO ESTABLISH, OPERATE AND MAINTAIN PRIVATE FIXED POINT-TO-POINT, PRIVATE COASTAL, LAND-BASED, AERONAUTICAL, AND LAND-MOBILE RADIO STATIONS FOR THE TRANSMISSION AND RECEPTION OF WIRELESS MESSAGES

SECTION 1. Pacific Cement Company, Inc., is hereby granted a franchise to establish, operate and maintain fixed point-to-point, private coastal, land based, aeronautical and land-mobile radio stations in Makati 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 by radiotelegraph and radiotelephone, radio teletype, radio-photo, facsimile, pictures and such other types of emission to and from said stations, each station to be provided with the necessary radio transmitting and radio receiving apparatus.

SECTION 2. This franchise shall continue in force for a period of twenty years renewable for another twenty 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 completed within four years from that 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, aeronautical and land-mobile radio stations on any land of the public domain upon such terms as he may prescribe. acd

SECTION 4. The grantee shall not engage in the 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, operate and maintain fixed point-to-point, private coastal, land-based, aeronautical and land-mobile radio stations at places herein aforesaid for no other purpose than to promote and subserve the trade and business interest of the grantee.

SECTION 5. No fees shall be charged by the grantee as the radio stations to 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.

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 an exclusive grant of the privilege herein provided for.

SECTION 10. In the event of any competing individual, partnership or corporation receiving from the Congress of the Philippines a similar franchise on which there shall be any term or terms more favorable than those herein granted or tending to place the herein grantee at any disadvantage, then such term or terms shall ipso facto become a part of the terms hereof and shall operate equally in favor of the herein grantee as in the case of said competing individual, partnership or corporation.

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, corporation, or other commercial or legal entity 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 has been originally granted to the said person, firm, company, corporation or other commercial or legal entity.

SECTION 12. In consideration of the franchise and rights hereby granted, and any provision of law to the contrary notwithstanding, the grantee shall pay the same taxes as are now or may hereafter be required by law from other individuals, co-partnerships, private, public or quasi-public association, corporation or joint stock companies, on real estate, buildings and other personal property except on such radio equipment, machinery, motor vehicles, and spare parts needed in connection with the franchise hereby granted which shall be exempt from customs duties, and all taxes.

SECTION 13. Whenever in this Act the term "grantee" is used, it shall be held and understood to mean and represent Pacific Cement Co., Inc., its representatives, successors or assigns. casia

SECTION 14. 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. 977 on February 2, 1970