ChanRobles Virtual law Library
PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Republic Acts :
REPUBLIC ACTS
PLEASE CLICK HERE FOR THE LATEST ➔ PHILIPPINE LAWS, STATUTES & CODES
REPUBLIC ACT NO. 4356 - AN ACT
GRANTING LOURDES B. GOZAR A FRANCHISE TO ESTABLISH, MAINTAIN AND
OPERATE RADIO BROADCASTING STATIONS AND RADIO STATIONS FOR DOMESTIC AND
INTERNATIONAL TELECOMMUNICATIONS Section 1. Subject to the provisions of the Constitution and the provisions of Act Numbered Three thousand eight hundred and forty-six, entitled "An Act providing for the regulation of radio stations and radio communications in the Philippine Islands, and for other purposes;" Commonwealth Act Numbered One hundred forty-six, known as the Public Service Act, and their amendments, and other applicable laws, there is hereby granted to Lourdes B. Gozar a franchise to establish, maintain and operate in the Philippines and/or at such places as Lourdes B. Gozar may select, subject to the approval of the Secretary of Public Works and Communications, radio broadcasting stations and radio stations for domestic and international telecommunications for the reception and transmission of messages in the domestic and foreign public fixed point-to-point, public based, aeronautical and land mobile stations, including coastal marine service with the corresponding relay stations for the reception and transmission of wireless messages on radiotelegraphy and/or radiotelephony, radioteletype, radiophoto, facsimile, music, pictures, advertisements and such other types of emission from or to foreign countries and within the Philippines and with vessels at sea and aircrafts over the air, irrespective of whether such vessels and aircrafts are within or without the Philippines. Sec. 2. A special right is reserved to the President of the Philippines in time of war, rebellion, public peril, calamity, disaster or disturbance of peace or order, to take over and operate said stations or to authorize the temporary use and operation thereof by any department of the Government without compensating the grantee for such use during the period when they shall be so operated. Sec. 3. This franchise shall continue for a period of twenty-five years from the date the first of said stations shall be placed in operation, and is granted upon the express condition that the same shall be void unless the construction of the first station be begun within two years from the date of the approval of this Act and completed within ten years from said date. Sec. 4. (a) This franchise shall not take effect nor shall any power thereunder be exercised by the grantee until the Secretary of Public Works and Communications shall have allotted to the grantee the frequencies and wave lengths to be used thereunder and determined the stations to and from which each frequency and wave length may be used, and issued to the grantee a license for such use. (b) The Secretary of Public Works and Communications, upon reasonable notice to the grantee, may at any time change or alter or cancel, in whole or in part, any or all of the allotments of frequencies or wave lengths to be used. He may take such action: (1) when 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 communications, or stifle competition of to obtain a monopoly in electrical communication or to secure unreasonable rates for such communications, or to violate otherwise the laws of public policy of the Philippine Republic; and (2) whenever in his judgment the public interests so require that such frequencies or wave lengths 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. Sec. 5. The stations of the grantee shall be so constructed and operated at the wave lengths so selected as to avoid interference with existing stations and to permit the expansion of the grantee's services. Sec. 6. 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 to persons, caused by the construction or operation of the stations of the grantee. Sec. 7. No private property shall be taken for any purpose by the grantee without proper condemnation proceedings and just compensation paid or tendered therefor, and any authority to take and occupy land contained herein shall not apply to the taking, use, or occupation of any land except what is required for the actual necessary purposes for which this franchise is granted. Sec. 8. The grantee shall keep an account of the gross receipts of her business and shall furnish the Auditor General and the Treasurer of the Philippines with a copy of such account not later than the thirty-first day of January of each year for the preceding year. All the books and accounts of the grantee pertaining to her business shall be subject to the official inspection of the Auditor General or his authorized representatives and the audit and approval of such accounts shall be final and conclusive evidence as to the amount of said gross receipts, except that the grantee shall have the right to appeal to the courts under the terms and conditions provided for in the laws of the Philippines. Sec. 9. The grantee shall not lease, transfer,
grant the usufruct of, or sell this franchise nor 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 or corporation organized for the same purpose,
without obtaining prior approval of the Congress of the Philippines.
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 this franchise as fully and had
been originally granted to the said person, firm, company, corporation
or other commercial or legal entity. Approved: June 19, 1965. |
chanroblesvirtuallawlibrary