Title
Far East Business Radio Franchise
Law
Republic Act No. 5046
Decision Date
Jun 17, 1967
Republic Act No. 5046 grants Far East Business Enterprises a franchise to construct and operate radio broadcasting stations in the Philippines, with authorization to provide private radio communication services and equipment, subject to government approval and regulation.

Law Summary

Presidential Authority During Emergencies

  • President may take over or authorize government use of the radio stations during war, rebellion, public peril, calamity, or emergency.
  • Just compensation must be provided to the grantee during the period of government operation.

Use of Public Domain Land

  • President authorized to permit construction of radio stations on public domain lands under terms and conditions he may prescribe.

Franchise Duration and Construction Conditions

  • Franchise valid for 25 years from commencement of operations.
  • Construction of at least one or two stations must begin within two years from approval or franchise voids.

Non-interference with Other Radio Operations

  • Grantee must operate stations to avoid interference with other radio stations in the Philippines.

Property Rights and Land Use

  • No private property to be taken without proper condemnation proceedings and just compensation.
  • Land or rights used by grantee revert to government upon franchise termination or revocation.

Regulatory Rate Control

  • Government, through the Public Service Commission, may fix maximum rates or charges imposed by the grantee.

Accounting and Auditing Requirements

  • Grantee must keep separate accounts of gross receipts and submit annual reports to the Auditor General and Treasurer.
  • Books must be kept within the Philippines and are subject to official inspection and audit.
  • Audit results are final, except for appeals to Philippine courts.

Bond Requirement

  • Grantee must post a bond of 5,000 pesos to ensure faithful performance of obligations during the first three years.
  • Bond canceled if obligations fulfilled after three years.

Acceptance and Empowerment

  • Franchise must be accepted in writing within one year of approval.
  • Grant of franchise privileges effective upon acceptance and bond approval.

Restrictions on Transfer, Sale, and Lease

  • Franchise cannot be transferred, leased, sold, assigned, or merged without Congressional approval.
  • Transferee subject to original franchise conditions and Philippine corporation laws.

Equal Treatment of Competing Franchisees

  • If other franchises granted with more favorable terms, such terms automatically apply to this grantee.

Legislative Control and Non-exclusivity

  • Congress may amend, alter, or repeal the franchise as public interest requires.
  • Franchise is non-exclusive.

Effectivity

  • Law takes effect upon approval without executive approval.

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