Grant of Radio Station Franchise to Philippine-Okinawa Fishing Corp.

June 21, 1969

REPUBLIC ACT NO. 5952

AN ACT GRANTING PHILIPPINE-OKINAWA FISHING CORPORATION A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN PRIVATE FIXED POINT-TO-POINT AND LAND-BASED AND LAND-MOBILE RADIO STATIONS FOR THE RECEPTION AND TRANSMISSION OF RADIO COMMUNICATION WITHIN THE PHILIPPINES

SECTION 1. There is hereby granted to the Philippine-Okinawa Fishing Corporation, a franchise 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 and land-based and land mobile radio stations for the reception and transmission of wireless messages on radiotelegraphy or radiotelephony, each station to be provided with radio transmitting apparatus and radio receiving sets. cd

SECTION 2. This franchise 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 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 3. 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 franchise is to secure to the grantee the right to construct, install, maintain and operate private radio stations in such places within the Philippines as the interest of the grantee may justify.

SECTION 4. 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. cdt

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

SECTION 6. The grantee, its successors or assigns, shall hold the national, provincial, city and municipal governments of the Philippines harmless from all claims, accounts, demands or actions arising out of accidents or injuries, whether to property or person, caused by the construction or operation of its radio stations.

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, is authorized to operate its private radio stations in the medium frequency, high frequency, and very high frequency that may be assigned to it by the Secretary of Public Works and Communications.

SECTION 9. The grantee shall not lease, transfer, grant the usufruct of, sell or assign this franchise or the right or privilege 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 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 temporary permit 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 this franchise had been originally granted to the said person, firm, company, corporation or other commercial or legal entity. cdt

SECTION 10. A special right is hereby reserved to the President of the Philippines in time of war, insurrection, public peril, emergency, 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 payment of just compensation.

SECTION 11. 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 12. This franchise shall continue for a period of twenty-five years from the approval of this Act.

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

Enacted without Executive approval, June 21, 1969. cd

Published in the Official Gazette, Vol. 66, No. 12, p. 2789 on March 23, 1970