Grant of Temporary Permit to Associated Press (Radio Receiving Station)

June 17, 1950

REPUBLIC ACT NO. 551

AN ACT TO GRANT THE ASSOCIATED PRESS A TEMPORARY PERMIT TO ESTABLISH A RADIO RECEIVING STATION FOR THE PURPOSE OF COPYING FOR PUBLICATION PRESS MESSAGES FROM RADIO STATIONS EXTERIOR TO THE PHILIPPINES

SECTION 1. There is hereby granted to the Associated Press, hereinafter referred to as the "grantee", a temporary permit to construct, maintain and operate in the Philippines, at such a place or places as the said grantee may elect, subject to the prior approval of the Secretary of Commerce and Industry, a station or stations for the purpose of copying for publication in the public press, or newspapers and other media of information, press messages from radio stations exterior to the Philippines and is hereby authorized to construct, install, establish and operate the necessary equipment as may be needed or required for the reception of said press messages: Provided, That the radio to be so operated shall be so constructed and operated as not to interfere with or obstruct the operation of other existing radio stations: And provided, further, That the holder of the temporary permit herein granted shall start the operation thereof within one and a half years from the approval of said temporary permit.

SECTION 2. Subject to the limitations and procedures prescribed by law, the grantee is authorized to exercise the right of installing a secondary station or stations for the purpose of bringing press messages to Manila from points exterior to the Philippines if, due to lack of facilities in the Manila station, the said grantee is unable to avail itself of its Manila station.

SECTION 3. Subject further to existing limitations, the grantee is authorized to exercise the right of eminent domain insofar as same may be reasonably necessary in the furtherance of the efficient operation and maintenance of its station or stations, and with the prior approval of the President of the Philippines, the grantee is authorized to construct and maintain its service over and across public properties, including streets, public buildings, highways and plazas, and other similar public and private domains of the Republic of the Philippines, and its branches and instrumentalities.

SECTION 4. This temporary permit shall continue to be in force during the time that the government has not established similar service at the places selected by the grantee.

SECTION 5. The Secretary of Commerce and Industry shall, before this temporary permit takes effect or any powers thereunder are exercised, allot to the grantee the frequencies and wave lengths to be used thereunder and determine the stations to and from which said frequency and wave length may be used, and shall furthermore issue to the grantee a license for such use.

SECTION 6. The Secretary of Commerce and Industry, on reasonable notice to the grantee, may at any time, change, cancel, or modify, in whole or in part, any or all of the allotments of frequencies or wave lengths to be used. He may take such action under the following circumstances: (1) Whenever in his judgment such frequencies and wave lengths have been used, or there is danger that they will be used by the grantee to impair electrical communication, or stifle competition, or to obtain a monopoly in electrical communication, or to secure unreasonable rates for such communication, or otherwise to violate the laws or public policy of the Philippines; (2) Whenever in his judgment the public interests of the Philippines require that such frequencies or wave lengths should be used for other purposes than those of the grantee, either by the Government of the Philippines or by other individuals or corporations licensed by it; (3) Whenever in his judgment for any other reason the public interest and welfare of the Philippines require such a change or modification in whole or in part.

SECTION 7. The Secretary of Commerce and Industry is authorized to appoint, employ or make use of such boards, commissions, or agents as in his discretion he may elect, to investigate and determine the facts upon which he may act as aforesaid, and such boards, commissions or agents shall have the right to summon witnesses, administer oaths, and take evidence compulsory process of subpoena.

SECTION 8. A special right is reserved hereunder to the Republic of the Philippines, in time of war, insurrection and the like, to take over and operate the said station or stations upon the order and direction of the authorized department of the Republic of the Philippines without compensating the grantee of the use of said stations during the period when they shall be so operated by the said Government of the Republic.

SECTION 9. The right is hereby reserved to the Government of the Republic, through the Public Service Commission and/or any such agency of the Government as may be charged with any such functions now being discharged by the Public Service Commission to fix the maximum and minimum rates to be charged by the grantee for any such press messages as it may receive for other clients or for those which are not subscribers to the service of the grantee. aisa dc

SECTION 10. The grantee shall be liable to pay the same taxes on its real estate, buildings, and personal property, exclusive of the temporary permit tax, as other persons or corporations are now or hereafter may be required by law to pay. The grantee shall furthermore be liable to pay all other taxes imposable by the Government under the National Internal Revenue Code by reason of this temporary permit. In order to aid in the educational upbringing of the people through wider dissemination of news information so essential in a democracy, the grantee shall be exempt from the payment of the percentage tax on gross receipts so long as said grantee, or its successors and assigns, limits itself to the reception of news only for publication and/or distribution to newspapers and other information media in the Philippines.

SECTION 11. The grantee shall hold the National, provincial and municipal governments of the Philippines exempt from all claims, accounts, demands, or actions arising out of accidents or injuries whether to property or to persons caused by the construction or operation of the stations for reception of press messages of said grantee.

SECTION 12. The temporary permit hereby granted shall be subject to amendment, alteration, or repeal by the Congress of the Philippines, and the rights to use and occupy public property and places hereby granted shall revert to the respective government, upon the termination of the temporary permit, by such repeal or by forfeiture, or expiration in due course.

SECTION 13. It shall be unlawful for the grantee to use, employ or contract for labor of persons held in involuntary servitude.

SECTION 14. As a condition of the granting of this temporary permit, the grantee shall execute a bond in a form and with sureties satisfactory to the Secretary of Commerce and Industry, conditioned upon the faithful performance of the grantee's obligations hereunder during the first three years of the life of this temporary permit. If, after said period the grantee shall have fulfilled said obligations and conditions, the bond shall be cancelled by the Secretary of Commerce and Industry. casia

SECTION 15. This temporary permit shall not be interpreted to mean an exclusive grant of the privileges herein provided for.

SECTION 16. This Act shall take effect upon its approval.

Approved: June 17, 1950

Published in the Official Gazette, Vol. 46, No. 11, p. 5352 in November 1950