Question & AnswerQ&A (Republic Act No. 5374)
The main purpose of Republic Act No. 5374 is to grant 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 radio communications within the Philippines.
The Secretary of Public Works and Communications must approve the locations selected by Bay Transport Co., Inc. for their radio stations.
The President of the Philippines may permit the location of the radio stations on public domain lands under terms and conditions as he may prescribe.
The temporary permit continues only during the time the government has not established a similar service at the selected places and is void unless construction of at least one station begins within one year and is completed within two years from the approval date.
No, the grantee cannot engage in domestic business of telecommunications without further special assent from the Congress of the Philippines.
The temporary permit takes effect only after the Secretary of Public Works and Communications has allotted frequencies and wavelengths, although use of the international distress frequency may occur as necessary prior to that.
The grantee must construct and operate the radio stations so as not to interfere with the operations of other radio stations maintained and operated in the Philippines.
The grantee must hold the national, provincial, and municipal governments harmless from all claims, demands, or actions arising from accidents or injuries caused by the construction or operation of its radio stations.
No, they cannot transfer, lease, sell, or assign the permit without the approval of Congress. Any assignee will be subject to all existing laws and the conditions of the permit.
In cases of war, insurrection, public peril, emergency, calamity or disaster, the President may order the closing of the radio stations or authorize their temporary use or possession by any government department upon payment of just compensation.
No, the permit is not exclusive and may be amended, altered, or repealed by Congress if the public interest requires.