QuestionsQuestions (Act No. 3846)
Yes. Section 1 generally requires a franchise from the Philippine Legislature before any person, firm, company, association, or corporation may construct, install, establish, or operate a radio station. However, the Act provides exceptions (e.g., certain stations like amateur, experimental, training, and some private stations in places without means of communication).
No franchise is required for: (1) broadcasting stations?—actually the exception clause states that no franchise shall be necessary for a broadcasting station (as stated in the proviso), an amateur station, an experimental station, a training station, a station on board a mobile vessel/train/aircraft, or a private station in a place without any means or communication.
Construction or installation cannot begin unless a permit has been granted by the Secretary of Commerce and Communications.
No. Section 2 requires a license issued by the Secretary of Commerce and Communications. The license states the dates between which the station may be operated.
No license shall be issued for a longer period than three (3) years.
Submit an application to the Secretary at least two (2) months before the expiration date of the license to be renewed.
The Secretary may: regulate establishment/use/operation of all radio stations and communications; classify stations and prescribe their services; assign call letters and frequencies; make interference-preventing rules consistent with international regulations; establish service areas/zones; make chain-broadcasting rules; require keeping records; investigate and hold hearings (summon witnesses, administer oaths, compel production of books/logs/documents/papers); supervise radio training schools; prescribe operator inspection/examination/licensing fees; approve/disapprove construction and renewal applications (with hearing rights for renewals).
Changes in frequencies, authorized power, character of omitted signals, type of power supply, or hours of operation cannot be made without first giving the station licensee a hearing.
No. Section 4 states no radio station license shall be transferred without express authority of the Secretary of Commerce and Communications.
A license cannot be granted or transferred to a person not a citizen of the United States of America or of the Philippine Islands; or to firms/companies not incorporated under Philippine laws or those of a U.S. state/territory; or to companies where an alien is employed as officer or director; or to companies where aliens or foreign governments may vote 20% of capital stock, or to corporations organized under foreign laws.
The privileges granted in any station license shall not be exclusive—i.e., other parties may also be granted licenses/privileges subject to law and regulations.
In time of war, public peril, calamity, or disaster, the President (U.S.) or the Governor-General (as stated in the Act) may cause closure of any radio station in the Philippines or authorize temporary government use/possession upon just compensation to owners.
A person who submitted a message must not willfully publish/divulge its contents to unauthorized persons; unauthorized persons must not intercept and divulge/publish intercepted messages; unauthorized recipients must not use the contents for their own or another’s benefit; anyone who knows the info was obtained by interception must not divulge/publish or use it for benefit.
No. Section 7 includes a proviso: it shall not apply to messages broadcast/transmitted by amateurs or others for general public use, or relating to ships in distress.
The Act does not apply to radio stations of the United States Government and those of the Philippine Government.
They are exempt from the Act’s provisions, but they are subject to the International Radiotelegraph Regulations.
It repeals Act No. 3275 (effective radio control). The repeal does not affect acts done, rights accrued, or suits/proceedings started prior to the repeal in criminal or civil causes.
Upon conviction, the offender may be punished by a fine not more than three hundred pesos (PHP 300) or imprisonment not more than three months, or both, for each offense.
A fine not more than one thousand pesos (PHP 1,000) for each and every offense.
Three (3) months after approval (approved November 11, 1931), so it takes effect three months thereafter.