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H. NO. 16987 / 65 OG No. 26, 6583 (June 30, 1969)
[ REPUBLIC ACT NO. 5405, June 15, 1968 ]
AN ACT GRANTING SAN JOSE TIMBER CORPORATION A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN PRIVATE FIXED POINT-TO-POINT, PRIVATE COASTAL, PRIVATE AERONAUTICAL AND LAND-BASED AND LAND MOBILE RADIO STATIONS FOR THE TRANSMISSION AND RECEPTION 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 San Jose Timber Corporation a franchise to construct, operate and maintain the City of Manila, in the Province of Samar, and in which other places as the grantee may select, subject to the approval of the Secretary of Public Works and Communications, private fixed point-to-point, private coastal, private aeronautical and land-based and land mobile radio stations for the transmission and reception of wireless messages by radiotelegraph or radiotelephone, each station to be provided with a radio transmitting apparatus and radio receiving apparatus.
SEC. 2. This franchise shall continue to be in force during the 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 or installation of said stations be within two years from the date of approval of this Act and be completed within four years from said date.
SEC. 3. The grantee, its successors or assigns, shall not engage in the domestic business of telecommunications in the Philippines without further special assent right of the Congress of the Philippines, it being understood that the purpose of this franchise is to secure to the grantee the right to construct, install, maintain and operate private fixed point-to-point, private coastal, private aeronautical and land-based and land mobile radio stations in places within the Philippines as the interest of the grantee may justify.
SEC. 4. No fees shall be charged by the grantee as the radio stations that may be established by virtue of this Act shall engage in communications regarding the grantees business only.
SEC. 5. The grantee, its successors or assigns, shall construct and operate its radio stations as not to interfere with the operation of other radio stations maintained and operated in the Philippines.
SEC. 6. The grantee, its successors or assigns, shall hold the national, provincial, city and municipal government 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. 7. The grantee, its successors or assigns, is authorized to operate its private fixed point-to-point, private coastal, private aeronautical and land-based and mobile radio stations in the medium frequency, high frequency, and very high frequency that may be assigned to it by the Secretary of Public Works and Communications.
SEC. 8. The grantee, its successors or assigns, shall subject to the corporation laws of the Philippines now existing or hereafter enacted.
SEC. 9. The grantee shall not lease, transfer, grant usufruct of, sell or assign this franchise, or the rights or privileges acquired thereunder to any person, firm, corporation or other commercial or legal entity, nor merge with any other person, company, corporation organized for the same purpose without the approval of the Congress of the Philippines first had. 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 completely and to the same extent as if the franchise had been originally granted to the said person, firm, company, corporation or other commercial or legal entity.
SEC. 10. 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 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.
SEC. 11. This franchise 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 privilege herein provided for.
SEC. 12. This Act shall take effect upon its approval.
Enacted without Executive approval, June 15, 1968.