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H. No. 3545 / 55 OG No. 34, 6941 (August 24, 1959)

[ REPUBLIC ACT NO. 2380, June 20, 1959 ]

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



Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. There is hereby granted to the Benguet Consolidated Mining Company 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, aeronautical, coastal land based 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.

SEC. 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.

SEC. 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.

SEC. 4. The grantee shall not engage in domestic business of telecommunication 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.

SEC. 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 w 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.

SEC. 6. No fees are chargeable, as the radio static that may be established by virtue of this Act shall engage in communications regarding the grantee's business only.

SEC. 7. The grantee shall so construct and operate its radio stations as not to interfere with the operation of radio stations maintained and operated in the Philippines.

SEC. 8. The grantee shall hold the National, provincial 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 its radio stations.

SEC. 9. The grantee shall not lease, transfer, grant the usufruct of, sell or assign this temporary permit, nor the rights or privileges acquired thereunder to any person, natural or juridical, nor merge with any other person, 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.

SEC. 10. A special right is hereby reserved to the Present of the Philippines in time of war, insurrection, public peril, emergency, calamity or disaster to cause the closing the grantee's radio stations or to authorize the ternary use or possession thereof by any department of Government upon payment of just compensation.

SEC. 11. 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 interpreted as an exclusive grant of the privileges herein provided for.

SEC. 12. This Act shall take effect upon its approval.

Approved, June 20, 1959.

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