Grant of Temporary Permit to Top Service Inc. (Radio Stations)

June 15, 1968

REPUBLIC ACT NO. 5258

AN ACT GRANTING TOP SERVICE, INC. A TEMPORARY PERMIT TO CONSTRUCT, ESTABLISH, MAINTAIN AND OPERATE PRIVATE FIXED POINT-TO-POINT, COASTAL, LAND-BASED, AERONAUTICAL AND LAND-MOBILE RADIO STATIONS FOR THE RECEPTION AND TRANSMISSION OF RADIO COMMUNICATIONS WITHIN THE PHILIPPINES

SECTION 1. There is hereby granted to Top Service, Inc., a temporary permit to construct, establish, 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, coastal, land-based, aeronautical and land-mobile radio stations for the reception and transmission of wireless messages on radiotelegraphy or radiotelephony, each to be provided with a radio transmitting apparatus and a radio receiving apparatus.

SECTION 2. The President of the Philippines shall have the power and authority to permit the location of said radio stations or any of them on lands of the public domain upon such terms and conditions as he may prescribe.

SECTION 3. 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 and is granted upon the express condition that the same shall be void unless the construction of at least one of the 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 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 temporary permit is to secure to the grantee the right to construct, establish, maintain and operate said radio stations at such places within the Philippines as the interest of the grantee and of its trade and business may justify.

SECTION 5. This temporary permit shall not take effect until the Secretary of Public Works and Communications shall have allotted to the grantee the frequencies and wave lengths to be used thereunder, but the grantee may use the international distress frequency of five hundred kilocycles and the high distress frequency of eight thousand two hundred eighty kilocycles whenever necessary.

SECTION 6. The grantee shall so construct and operate its radio stations as not to interfere with the operation of other radio stations maintained and operated in the Philippines.

SECTION 7. The grantee shall hold the national, provincial and municipal governments of the Philippines harmless from all claims, accounts, demands or actions arising out of accidents or injuries, whether to property or persons, caused by the construction or operation of its radio stations. cdt

SECTION 8. The grantee shall not lease, transfer, grant the usufruct of, sell or assign this temporary permit, or the rights or privileges acquired thereunder to any person, natural or juridical, nor merge with any other persons, without the approval of the Congress of the Philippines first had. Any person, natural or juridical, to which this temporary permit may be sold, transferred or assigned, shall be subject to the corporation laws of the Philippines now existing or hereafter enacted, and any person to which this temporary permit is sold, transferred or assigned, shall be subject to all conditions, terms, restrictions and limitations of this temporary permit as fully and completely and to the same extent as if the temporary permit had been originally granted to such person.

SECTION 9. 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 10. This temporary permit 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 privileges herein provided for.

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

Enacted without Executive approval, June 15, 1968.

Published in the Official Gazette, Vol. 65, No. 21, p. 5267 on May 26, 1969