Title
Temporary Radio Permit to Bay Transport Co.
Law
Republic Act No. 5374
Decision Date
Jun 15, 1968
Republic Act No. 5374 grants Bay Transport Co., Inc. a temporary permit to construct and operate private radio stations for wireless communication within the Philippines, subject to government approval and regulations.

Presidential Authority over Location of Radio Stations

  • The President of the Philippines has the authority to permit the location of these radio stations on public lands.
  • Such permission is subject to terms and conditions prescribed by the President.

Duration and Conditions of the Temporary Permit

  • The permit remains valid as long as the government has not established a similar service in the selected locations.
  • The permit is void unless at least one radio station is constructed within one year from the date of approval and completed within two years.

Limitations on Business Operations

  • The grantee may not engage in domestic telecommunications business without further special approval from Congress.
  • The permit's primary purpose is to allow the grantee to operate radio stations justified by its trade and business needs.

Frequency Allocation and Use

  • The permit takes effect only after the Secretary of Public Works and Communications allocates frequencies and wavelengths.
  • The grantee may use the international distress frequency (8280 kilocycles) whenever necessary.

Operation and Interference Restrictions

  • The grantee must construct and operate stations to avoid interference with other radio stations in the Philippines.

Liability and Hold Harmless Clause

  • The grantee shall hold the national, provincial, and municipal governments harmless from any claims or actions arising from accidents or injuries caused by the construction or operation of the radio stations.

Transfer and Assignment Restrictions

  • The grantee may not lease, transfer, sell, grant usufruct, or assign the permit or rights without Congressional approval.
  • Any assignee or transferee is subject to existing and future laws and all conditions of the original permit.

Special Presidential Rights in Emergency Situations

  • In times of war, insurrection, public peril, emergency, calamity, or disaster, the President may close the radio stations or authorize their temporary use by government departments.
  • Just compensation must be paid for such use or possession.

Legislative Control and Non-Exclusivity

  • Congress may amend, alter, or repeal the permit when public interest requires.
  • The permit is not an exclusive grant of privileges.

Effectivity

  • The Act takes effect upon approval despite being enacted without Executive approval on June 15, 1968.

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