Title
Temporary Permit for Radio Stations Operation
Law
Republic Act No. 5426
Decision Date
Jun 15, 1968
Republic Act No. 5426 grants C.A. Sison Enterprises, Inc. a temporary permit to construct and operate private radio stations in the Philippines, subject to certain conditions and limitations, for the purpose of disseminating news and events of national interest.

Effectivity and transitory rule

  • Section 10 provides that the act takes effect upon its approval.

Policy and purpose of permit

  • The temporary permit is intended to secure the grantee the right to construct, install, maintain, and operate private radio stations in places within the Philippines where the grantee’s interest justifies.
  • The permit is also intended to enable the grantee to better serve the public in disseminating news and events of national interest.
  • The permit operates as a temporary privilege and is treated as subject to amendment, alteration, or repeal when public interest requires (Section 9).

Grant of temporary permit

  • Section 1 grants C. A. Sison Enterprises, Inc., its successors or assigns a temporary permit to construct, maintain and operate radio stations in the Philippines.
  • The permit authorizes operations in the City of Manila and such places as the corporation may select, subject to the approval of the Secretary of Public Works and Communications.
  • The permitted stations include private fixed point-to-point, coastal, aeronautical and land based and land mobile radio stations.
  • Each station must be provided with a radio transmitting and receiving apparatus (Section 1).

Persons covered and limits on telecommunications business

  • The permit is granted to C. A. Sison Enterprises, Inc., and extends to its successors or assigns (Section 1).
  • The grantee must not engage in domestic business of telecommunications in the Philippines without further special assent of the Congress of the Philippines (Section 2).
  • The purpose of the temporary permit is to secure construction/installation/maintenance/operation rights for the authorized private radio stations and to support public dissemination of news and national-interest events (Section 2).

Authorized communications and fee prohibition

  • The grantee may run the stations for the reception and transmission of wireless messages on radiotelegraph or radiotelephone (Section 1).
  • Section 3 prohibits the grantee from charging any fees for communications in which the radio stations engage regarding the grantee’s business only.

Frequency bands and operating authorization

  • Section 7 authorizes the grantee to operate its private fixed point-to-point, coastal, aeronautical, and land based/land mobile radio stations in medium frequency (MF), high frequency (HF), and very high frequency (VHF).
  • The specific frequencies to be used are those assigned to the grantee by the Secretary of Public Works and Communications (Section 7).

Technical and interference requirement

  • Section 4 requires the grantee to construct and operate its radio stations in a way that they do not interfere with the operation of other radio stations maintained and operated in the Philippines.

Government indemnity

  • Section 5 requires the grantee to hold national, provincial, city and municipal governments harmless from all claims, accounts, demands, or actions.
  • The claims covered are those arising out of accidents or injuries to property or persons.
  • Liability must be tied to accidents or injuries caused by the construction or operation of the grantee’s radio stations (Section 5).

Corporate law compliance

  • Section 6 subjects the grantee (and successors/assigns) to Philippine corporation laws that already exist or that may be enacted in the future.

Presidential wartime reservation

  • Section 8 reserves a special right to the President of the Philippines in time of war, insurrection, public peril, calamity or disaster.
  • In such events, the President may cause the closing of the grantee’s radio stations.
  • In such events, the President may also authorize the temporary use or possession of the radio stations by any department of the Government.
  • Temporary use or possession by a Government department requires payment of just compensation (Section 8).

Congress control and non-exclusivity

  • Section 9 makes the temporary permit subject to amendment, alteration, or repeal by Congress when public interest so requires.
  • Section 9 also provides that the permit must not be interpreted as an exclusive grant of the privilege provided.

Administrative and implementing approvals

  • Section 1 requires approval by the Secretary of Public Works and Communications for the places in the Philippines where the grantee will establish its authorized stations, beyond the City of Manila.
  • Section 7 requires assignment of radio frequency bands by the Secretary of Public Works and Communications for authorized operation in MF, HF, and VHF.

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