Eminent Domain Authority
- The grantee is authorized to exercise the right of eminent domain for establishment, maintenance, and operation of its stations.
- Private property may only be taken through proper condemnation proceedings with just compensation paid or tendered.
- The President may reserve any portion of the public domain or government lands for the grantee's use.
Franchise Term
- The franchise and rights granted shall last for twenty-five years from the approval date of the Act unless terminated earlier.
Government Supervision and Control
- The President of the Philippines, through the proper government agency, supervises and controls the grantee's relationships with foreign governments, entities, or international bodies to ensure consistency with national interests.
- The government may ensure the grantee’s facilities are used for governmental purposes as needed.
Regulatory Oversight and Rate Limitations
- The Public Service Commission (PSC) has no general jurisdiction over the grantee.
- However, for voice or data services, the grantee cannot charge rates higher than those authorized by the PSC for overseas telecommunications carriers.
Government Takeover Rights in Emergencies
- In times of war, insurrection, or national emergency, the President may order government takeover and operation of the grantee’s station(s) without compensation for the period of operation.
Financial Reporting Requirements
- The grantee must keep separate accounts of gross receipts from its satellite transmission business.
- Annually, by April 30, a copy of such accounts must be furnished to the Auditor General and the Treasurer of the Philippines covering the preceding twelve months.
Taxation, Fees, and Customs Exemptions
- The grantee is liable for taxes on real estate, buildings, and personal property similar to other persons or corporations.
- Annually, within thirty days after account audit and approval, the grantee must pay 5% of all gross receipts from its satellite transmission business to the Treasurer, in lieu of all other taxes.
- Exempt from customs duties, tariffs, and charges on machinery, equipment, supplies, and spare parts imported for construction and maintenance of permanent earth stations.
Restrictions on Transfer and Management Contracts
- The franchise cannot be leased, transferred, sold, or assigned except to a government branch or instrumentality without Congressional approval.
- Management contracts with persons/entities require Presidential approval.
- Such contractors must be Filipino citizens or corporations with at least 60% capital owned by Filipino citizens.
Indemnification Clause
- The grantee shall hold national, provincial, and municipal governments harmless from any claims or liabilities arising from accidents or injuries caused by station construction or operation.
Compliance with Corporation Laws
- The grantee is subject to existing or future corporation laws of the Philippines.
Amendment or Repeal of Franchise
- Congress may amend, alter, or repeal the franchise whenever public interest requires.
Bond Requirement
- The grantee must execute a bond of fifty thousand pesos in favor of the government, conditioned on faithful performance of obligations during the first three years of the franchise.
- The bond may be canceled after the three-year period upon fulfillment of obligations.
Acceptance and Effectivity
- The grantee must accept the franchise in writing within six months of the Act’s approval.
- Upon written acceptance and bond approval, the grantee is empowered to exercise the franchise rights.
- The Act takes effect upon approval.