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H. No. 16656 / 65 OG No. 25, 6383 (June 23, 1969)

[ REPUBLIC ACT No. 5374, June 15, 1968 ]

AN ACT GRANTING BAY TRANSPORT CO., 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.

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

SECTION 1. There is hereby granted to Bay Transport Co., 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, and land based, aeronautical and land mobile radio stations for the reception and transmis­sion of wireless messages by radiotelegraph or radiotele­phone, each to be provided with a radio transmitting ap­paratus and 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 under terms and conditions as he may prescribe.

SEC. 3. This temporary permit shall continue to be in during the time that the Government has not established a similar service at the places selected by the grantee, and is granted on the condition that the same shall be void unless the construction of at least one begun within one year from the date of approval of this Act and completed within two years from said date.

SEC. 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 establish, maintain and operate said radio stations at such  places within the Philippines as the interest of the grantee and 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 frequencies and wave length to be used thereunder, but the grantee may use the international distress frequency of eight thousand two hundred eighty kilocycles whenever necessary.

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

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

SEC. 8. The grantee shall not lease, transfer, grant usufruct of, sell or assign this temporary permit, o 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 I in which event, any person, natural or juridical, to which this temporary permit may be sold,   transfer signed, shall be subject to existing laws and regulations, or those that may hereafter be 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 said temporary permit had been originally granted to such persons.

SEC. 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 authorized the temporary use or possession thereof by any department of the Government upon payment of just compensation.

SEC. 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.

SEC. 11.   This Act shall take effect upon its approval.

Enacted without Executive approval, June 15, 1968.