Law Summary
SECTION 1: Grant of Temporary Permit
- Legal Principle: The act grants Dipala Timber Co., Inc. a temporary permit to construct, maintain, and operate various types of radio stations in the Philippines.
- Key Definitions:
- Grantee: Dipala Timber Co., Inc.
- Radio Stations: Includes private fixed point-to-point, coastal, land-based, aeronautical, and land mobile stations.
- Requirements:
- Construction, establishment, maintenance, and operation are subject to the approval of the Secretary of Public Works and Communications.
- Important Details:
- The stations are for reception and transmission of wireless messages via radio telegraphy or telephony.
SECTION 2: Presidential Authority
- Legal Principle: The President has the authority to permit the location of radio stations on public domain lands.
- Requirements:
- Terms and conditions for such locations are prescribed by the President.
SECTION 3: Duration of the Permit
- Legal Principle: The temporary permit remains valid until the government establishes a similar service in the selected locations.
- Timeframes:
- Construction of at least one station must begin within one year and be completed within two years from the approval date.
- Consequence: The permit is void if these conditions are not met.
SECTION 4: Limitation on Domestic Telecommunications
- Legal Principle: The grantee is prohibited from engaging in domestic telecommunications without Congressional assent.
- Purpose: The permit is exclusively for the construction and operation of radio stations relevant to the grantee's business.
SECTION 5: Frequency Allocation
- Legal Principle: The permit is not effective until frequencies and wavelengths are allotted by the Secretary of Public Works and Communications.
- Important Details:
- The grantee can utilize specific international distress frequencies when necessary.
SECTION 6: Fee Exemption
- Legal Principle: No fees will be charged for the radio stations.
- Important Details: Stations can only engage in communications concerning the grantee’s business.
SECTION 7: Non-Interference Requirement
- Legal Principle: The grantee must ensure its operations do not interfere with other radio stations.
SECTION 8: Liability and Indemnification
- Legal Principle: The grantee holds the national, provincial, and municipal governments harmless from any claims arising from the operation of its radio stations.
- Consequence: The grantee is liable for accidents or injuries linked to the construction or operation of the stations.
SECTION 9: Transferability of the Permit
- Legal Principle: The temporary permit cannot be leased, transferred, or assigned without Congressional approval.
- Important Details:
- Any transferee must comply with existing corporation laws.
- The transferee inherits all conditions of the permit.
SECTION 10: Compliance Bond
- Legal Principle: The grantee must file a compliance bond worth ten thousand pesos.
- Timeframes:
- The bond can be canceled by the Secretary after the grantee fulfills the conditions within two years.
SECTION 11: Presidential Reserved Rights
- Legal Principle: The President reserves the right to close the stations in times of war or emergencies.
- Important Details: Just compensation will be provided for such government use.
SECTION 12: Amendability of the Permit
- Legal Principle: The permit is subject to amendment or repeal by Congress when public interest demands.
- Important Details: The permit does not confer exclusive rights.
SECTION 13: Effectivity
- Legal Principle: The act takes effect upon approval.
Key Takeaways
- The act grants a temporary permit to Dipala Timber Co., Inc. for specific radio operations in the Philippines.
- The permit is contingent upon various approvals and timelines, with strict limitations on domestic telecommunications and transferability.
- Liability protections for the government are included, as well as provisions for compliance and potential amendments by Congress.
- The act emphasizes operational non-interference with existing radio stations and includes a compliance bond to ensure adherence to the outlined conditions.