Eminent Domain and Use of Public Property
- The grantee has the right of eminent domain to acquire property reasonably necessary for establishing and maintaining its communication circuits and stations.
- Authorized to construct and maintain infrastructure over government-owned public properties such as streets, highways, squares, and reservations.
Term and Conditions of Franchise
- The franchise duration is fifty (50) years, commencing from the start of operations of the circuits or stations.
- The franchise becomes void if the grantee does not begin operation of at least one domestic or international circuit/station within one year from approval, and complete it within two years.
Frequency Allotment and Licensing
- Operation under the franchise requires the prior allotment of frequencies and wavelengths by the Secretary of Public Works and Communications.
- The Secretary issues licenses to use the assigned frequencies, except when using pre-existing government-licensed channels or stations.
- The Secretary can modify, cancel, or change frequency allotments to prevent interference, monopolization, or to serve public interest.
- Investigation boards or agents may be appointed with subpoena powers to assist in frequency regulation.
Operation Standards and Compliance
- Stations must be constructed and operated to minimize signal interference.
- Wave lengths should be chosen to avoid interference with other stations and allow service expansion.
- Operations must comply with Philippine communication laws and international agreements binding the Philippines.
Special Government Rights in Emergencies
- The President may order closure or assume control of the grantee’s circuits/stations during war, rebellion, public peril, or other emergencies without compensation to the grantee.
Ethical Obligations and Public Welfare
- Operations must contribute to public welfare and comply with ethical standards.
- Stations must aid public information and education.
- Use of franchise for distributing false information, harming public health, or inciting subversion or treason is prohibited.
Rate Regulation
- The government, through the Public Service Commission or authorized office, reserves the right to fix minimum and maximum rates for services offered by the grantee.
Taxation and Fees
- The grantee must comply with corporate and public communication carrier regulations.
- Taxes on real estate, buildings, and personal property (excluding franchise) are applicable as to other corporations.
- A yearly payment of 1.5% of gross receipts from business operations under the franchise is required to the national treasury.
Amendment, Repeal, and Termination
- Congress retains the power to amend, alter, or repeal the franchise.
- Upon termination or repeal, rights to use public property revert to the government.
- Franchise terminates upon expiration after 50 years unless extended or earlier terminated.
Bond and Performance Guarantee
- The grantee must post a bond of Fifty Thousand Pesos to guarantee faithful performance of obligations for the first three years.
- The bond may be cancelled after proof of compliance.
Acceptance and Commencement
- The franchise must be accepted in writing within one year of the Act’s approval.
- Upon acceptance and bond approval, the grantee may exercise franchise privileges.
Restrictions on Transfer and Assignment
- The franchise cannot be leased, transferred, assigned, sold, or usufruct granted without Congressional approval.
- Transferees are subject to Philippine corporate laws and all franchise conditions.
Non-Exclusivity
- The franchise does not grant exclusive privileges; other entities may also operate similar services.
Effectivity
- The law takes effect immediately upon approval, enacted without Executive approval on June 19, 1960.