Grant of Voice Radio Communication System Franchise to Alexander Domingo D. Concha

April 26, 1990

REPUBLIC ACT NO. 6950

AN ACT GRANTING ALEXANDER DOMINGO D. CONCHA, OPERATING UNDER THE BUSINESS NAME AND STYLE OF CONCHA RADIO NETWORK, A FRANCHISE TO ESTABLISH, MAINTAIN AND OPERATE A VOICE RADIO COMMUNICATION SYSTEM LINKING REGION VIII AND METRO MANILA, WITH QUEZON CITY AS ITS MAIN BASE STATION

SECTION 1. Subject to the provisions of the Constitution and the provisions of laws, orders or issuances not inconsistent herewith, Alexander Domingo D. Concha, operating under the business name and style of Concha Radio Network, his heirs or successors, and hereunder referred to as the grantee is hereby granted a franchise to establish, maintain and operate a voice radio communication system linking Region VIII and Metro Manila, with Quezon City as its main base station, for a period of twenty-five (25) years from the date of the effectivity of this Act.

SECTION 2. A special right is reserved to the President of the Philippines, in times of war, rebellion, public peril, calamity, emergency, disaster or disturbance of peace and order, to take over and operate the transmitting, receiving and switching stations or to authorize the temporary use thereof by any department of the government upon due compensation to the grantee for the use of said stations during the period when they shall be operated.

SECTION 3. The grantee shall complete the construction of a voice radio communication system within a year from the effectivity of this Act and shall be operational within two (2) years after the allocation of frequencies or wavelengths by the National Telecommunications Commission.

SECTION 4. The grantee shall begin to operate after it has been allotted frequencies or wavelengths and issued the appropriate license by the National Telecommunications Commission. cdt

SECTION 5. The National Telecommunications Commission, 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 wavelengths on the following grounds:

(a) Such frequencies or wavelengths have been used, or there is danger that they will be used by the grantee to impair electrical communications, or to stifle competition, or to obtain a monopoly in electrical communications or to secure unreasonable rates for such communications or to violate the laws or public policies of the government; and

(b) When public interest requires that such frequencies or wavelengths be used for other purposes than those of the grantee, either by the government or other individuals or corporation authorized by it.

SECTION 6.  The stations of the grantee shall be so constructed and operated and the wavelengths so selected as to avoid interference with existing stations and to permit the expansion of the grantee's services.

SECTION 7.  In addition to the terms and conditions of the franchise, the grantee shall submit an annual report of its operations to the Congress.

SECTION 8.  The grantee, his successors or assigns, shall be subject to the business laws now existing or hereafter enacted.

SECTION 9.  The grantee shall file a bond, in such amount as may be fixed by the proper government authority, to guarantee the full compliance and fulfillment of the conditions under which this franchise is granted. If after five (5) years from the date of the effectivity of this Act the grantee shall have fulfilled said conditions, or as soon thereafter as the grantee shall have fulfilled the same, the aforesaid bond shall be cancelled by the government.

SECTION 10. The grantee shall not lease, transfer, grant the usufruct of, sell or assign this franchise, nor the rights or privileges acquired thereunder, to any person, firm, company, partnership, corporation or other commercial or legal entity nor merge with any other person, firm, company, partnership or corporation organized for the same purpose without the approval of the Congress first had. Any corporation to which this franchise may be 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 the franchise had been originally granted to the said person, firm, company, partnership, corporation or other commercial or legal entity.

SECTION 11. The herein grantee shall comply with the provisions of the Constitution on the democratization of ownership as may be provided by law.

SECTION 12. The grantee shall be liable to pay franchise, income and other taxes as provided for in Executive Order No. 72 and Section 24(c) of the National Internal Revenue Code, as amended.

SECTION 13. This franchise shall be subject to amendment, alteration, or repeal by the Congress when public interest so requires.

SECTION 14. This Act shall take effect upon its publication in at least two (2) newspapers of general circulation.

Approved: April 26, 1990

Published in Malaya and the Daily Globe on April 30, 1990.