Title
Franchise for Satellite Communication Corp.
Law
Republic Act No. 5514
Decision Date
Jun 21, 1969
Republic Act No. 5514 grants the Philippine Communications Satellite Corporation (PCSC) a franchise to establish and operate ground satellite terminal stations for telecommunication with satellite facilities, subject to government supervision and control, and with the right of eminent domain.
A

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.

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