REPUBLIC ACT NO. 2030 - AN ACT
GRANTING ELISEO B. LEMI AND COMPANY, INCORPORATED, A FRANCHISE TO
ESTABLISH RADIO STATIONS FOR DOMESTIC TELECOMMUNICATIONS |
Section
1. Subject to the provisions of the Constitution and
the provisions, not inconsistent herewith, of Act Numbered Three
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 Elisio B. Lemi and Company,
Inc., its successors or assigns, and hereunder referred to as the
"grantee," the right and privilege of constructing, installing,
establishing and operating in the Philippines, at such places as Eliseo
B. Lemi and Company Inc., may select and the Secretary of Public Works
and Communications may approve, radio stations for the reception and
transmission of messages on radio stations in the domestic public fixed
point-to-point and public base, 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, and such other types of emission or both with vessels at sea
andrcraft in ther, without or within the Philippines. Sec. 2. A special right is reserved to the President of the Philippines in time of war, rebellion, public peril, calamity, emergency, disaster or disturbance of peace or order, to take over and operate the said station or to authorize the temporary use and operation thereof by any department of the Government upon due compensation to the grantee for the use of said stations during the period when they shall be so operated.cralaw Sec. 3. The President of the Philippines shall have the power and authority to permit the construction of said stations or any of them on any land of the public domain upon such terms and conditions as he may prescribe.cralaw Sec. 4. This franchise shall continue for a period
of fifty years from the date the first of said stations shall be placed
in operation, and is granted upon the express condition that same shall
be void unless the construction of said station be begun within two
years from the date of the approval of this Act and be completed within
four years from said date. Sec. 6. (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 station 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, on reasonable notice to the grantee, may at anytime change, or cancel, or modify, 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) whenever 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, or to obtain a monopoly in electrical communication or to secure unreasonable rates for such communication, or to violate otherwise the laws or publish policy of the Philippine Republic; (2) whenever in his judgment the public interest of the Republic of the Philippines require that such frequencies or wave lengths should 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 its; and (3) whenever in his judgment, for any reason, the public interests of the Philippines so require.cralaw Sec. 7. The stations of the grantee shall be so constructed and operated and the wave lengths so elected as to avoid interference with existing stations and to permit the expansion of the grantee's services.cralaw Sec. 8. 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.cralaw Sec. 9. 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 such as is required for the actual necessary purposes for which this franchise is granted.cralaw Section 10. The grantee shall keep an account of the
gross receipts of its 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
its 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
in the laws of the Philippines. Section 12. The grantee shall file a bond in the amount of fifty thousand pesos to guarantee the full compliance and fulfillment of the conditions under which this franchise is granted. If after four years from the date of the approval of this Act, the grantee shall have fulfilled said conditions, or as soon thereafter as the grantee shall have fulfilled the same, the bond aforesaid shall be cancelled by the government.cralaw Section 13. In the event of any competing individual, partnership or corporation receiving from the Congress as similar franchise in which there shall be any term or terms more favorable than those herein granted or tending to place the herein granted or tending to place the herein grantee at any disadvantage, then such term or terms shall ipso facto become a part of the terms hereof and shall operate equally in favor of the grantee as in the case of said competing individual, partnership or corporation.cralaw Section 14. The grantee shall not lease, transfer,
grant the usufruct of, sell or assign this franchise, nor the rights or
privileges acquired thereunder to any person firm, company, corporation
or other commercial or legal entity, nor merge with any other, person,
firm, company or 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. Section 16. This franchise shall not be interpreted to mean as an exclusive grant to the privileges herein provided for.cralaw Section 17. This Act shall take effect upon its
approval.cralaw Approved: June 22, 1957. |