Question & AnswerQ&A (Republic Act No. 3185)
Alfredo Angeles, his successors or assigns, are granted the franchise to install, operate, and maintain a telephone system in the Municipality of Pagadian, Province of Zamboanga del Sur.
The franchise is granted for a period of fifty years from the approval of the Act.
The franchisee is authorized to use all streets and public thoroughfares in the municipality for the construction, maintenance, and operation of all necessary apparatus, including erecting poles, stringing wires, building conduits, laying cables, and using other approved means of electrical conduction.
Poles and conduits must be located in places designated by municipal authorities, poles must not disfigure the streets, wires and cables must be strong and comply with professional standards, wires must be at least fifteen feet above ground, and wires must be placed underground when certain thresholds of wire pairs are met.
Upon notice served at least forty-eight hours in advance, the grantee must raise or remove the wires or conduits causing obstruction. The party requesting removal pays half the replacement cost; if the grantee refuses, the mayor may order the removal at the grantee's expense.
The grantee must use modern, first-class apparatus and maintain lines and installations satisfactorily to provide efficient and adequate telephone service, including modifying or improving equipment as required by the Public Service Commission.
The grantee pays the same taxes on real estate and property as others, and additionally pays one percent of all gross receipts from the telephone business annually, which is in lieu of all taxes on the franchise or its earnings.
The grantee must file an application with the Public Service Commission for a certificate of public necessity and convenience or the franchise becomes null and void.
Only after obtaining a certificate of public necessity and convenience from the Public Service Commission authorizing such construction.
The deposit made with the National Treasurer is forfeited to the National Government as liquidated damages, and no further interest on the deposit will be paid to the grantee unless prevented by specified causes such as fortuitous events or military power.
No, the rights are not exclusive. The government may grant similar franchises to others, but poles, wires, or conduits erected later must not impair the existing franchise's transmission efficiency.
The grantee must hold the government harmless from all claims, accounts, demands, or actions arising from accidents or injuries caused by the construction or operation of the telephone or electrical system.
The rates, both flat and measured, must be approved by the Public Service Commission.
No, the grantee cannot transfer, sell, or assign the franchise without prior and explicit approval from the Congress of the Philippines.
The government has the privilege to use the poles to attach cross arms and install wires for its telephone system, with some compensation involved for additional cross arms or wires.
The grantee must purchase the property used by the provincial government for a similar service at an agreed price or, in case of disagreement, at a price determined by the Public Service Commission.
The grantee must surrender the franchise and turn over the system and serviceable equipment to the government at cost less reasonable depreciation.