Supreme Court E-Library
Information At Your Fingertips

October 04, 1946

Note: The Agreement entered into force, October 4, 1946.

Reference: This Agreement is also published In I DFA TS No. I, p. 105 and 43 UNTS, p. 263.

THIS CONTRACT by and between the United States Information Service, operator of Radio Station KZFM, an instrumentality of the United States Government, represented herein by George C. Betts, Acting Chief of the United States Information Service, hereinafter referred to as the USIS; and the Government of the Republic of the Philippines, represented herein by Emilio Abello, Chief of the Executive Office of the Republic of the Philippines, hereinafter referred to as the Government;

WITNESSETH:

WHEREAS, it is the desire of the contracting parties to provide for the continuance of radio broadcasting in the Philippines, to afford a medium for the transmission of radio programs; to provide a means for training radio technicians; and to provide for the temporary use by the Government of the facilities of Radio KZFM when operation thereof by the USIS shall have ceased on October 20, 1946, and until such time as an agreement regarding the use of the United States Government-owned broadcasting facilities shall have been entered into and the necessary action taken for the final transfer of title to the now existing technical equipment of Radio Station KZFM, as per attached Inventory and to such other additional radio equipment and facilities as may be declared surplus and transferable, to the Government,

Now, THEREFORE, USIS, for and in consideration of the above premises, has conveyed and transferred and, by these presents, hereby transfers and conveys unto the Government the free use of all radio broadcasting equipment and facilities now existing and utilized by Radio Station KZFM, as per Inventory hereto attached and made an integral part hereof, and such other radio equipment as may be declared surplus and transferable to the Government under the following terms and conditions:

1. Two Studios Nos. 1 and 2, at present operated by USIS and located at the 4th Floor of the Ramon Roces Bldg., Calero St., shall be made available for the free use by the Government for a period of sixty (60) days computed from the date of the signing of this Contract;

2. USIS agrees to assist the Government in the construction of its own studios by lending to it studio broadcast equipment in so far as its present stock permits. This equipment shall be used by the Government until such time when it shall have obtained the needed materials, but in no case shall such period exceed twelve (12) months;

3. The salaries of the administrative and technical personnel needed to operate the station shall be borne by the Government;

4. USIS agrees to allow the Government to have the privilege of re-broadcasting programs emanating from the United States and agrees to make this available without cost to the Government during the life of this contract;

5. USIS likewise agrees to make available to the Government the use of the USIS transcription library for a period of sixty (60) days. Responsible USIS personnel will be maintained during this period to supervise the issuance of transcriptions from this library;

6. The Government agrees to assume the operating cost previously borne by USIS (fuel and lubricating oil of power station) of the transmitting power station. There will be no charge for power consumed by the Government at the Roces Building studios;

7. The Government agrees to assume the cost of all wire circuits, cost of rentals, occasioned by the operation of the station;

8. During the period covered by this contract, the Government agrees not to lease any facilities of station KZFM to commercial entities;

9. The Government agrees to make no change on the presently assigned frequencies without agreement with the United States Army in the joint use of the antenna at Polo, Bulacan, by Station KZFM and the United States Army. This restriction shall be in force during the period of the agreement.

In the event that it becomes necessary to assign another or other frequencies to Station KZFM, such frequencies shall be mutually agreed upon by the United States Army and the Government in view of the joint use of the present antenna system by the Government and the United States Army. It is understood that no changes on the frequency or frequencies presently used by Station KZFM shall be made without the prior approval of the Department of National Defense.

IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their signatures in the City of Manila, Philippines, this fourth day of October, 1946. For the United States Information Service (USIS):