Question & AnswerQ&A (Act No. 3846)
The main purpose of Act No. 3846 is to regulate radio stations and radio communications within the Philippine Islands, including the construction, operation, and licensing of such stations.
Yes, no person or entity shall construct, install, establish, or operate a radio station without first obtaining a franchise from the Philippine Legislature, except for certain stations like broadcasting, amateur, experimental stations, and private stations in areas without communication means.
The Secretary of Commerce and Communications is responsible for granting permits and licenses for the construction, installation, and operation of radio stations in the Philippines.
The Secretary can regulate the establishment and operation of all radio stations, classify stations, assign call letters and frequencies, prevent interference, conduct investigations, regulate radio training schools, approve or disapprove license applications, and enforce the law through hearings, suspension, revocation, or criminal actions.
No, transfer of a radio station license requires the express authority of the Secretary of Commerce and Communications. Additionally, licenses cannot be granted or transferred to non-citizens, foreign firms not incorporated under Philippine or U.S. laws, or companies with significant foreign ownership.
No, the privileges granted in any station license shall not be exclusive.
In times of war, public peril, calamity, or disaster, they may close any radio station or authorize temporary government use upon just compensation to the owners.
Persons handling messages shall not willfully publish or divulge their contents to unauthorized persons, and interception or unauthorized use of messages is prohibited except for communications broadcast for the general public or relating to ships in distress.
No, radio stations of both governments are exempt from this Act, although foreign mobile stations temporarily in the Philippines are subject to International Radiotelegraph Regulations.
Individuals violating the Act or regulations may be fined up to three hundred pesos or imprisoned for up to three months, or both, per offense. Firms or corporations may be fined up to one thousand pesos per offense.
Changes cannot be made without first giving the station licensee a hearing.