Title
Temporary Permit for MORESCO Radiotelephone Use
Law
Republic Act No. 6346
Decision Date
Jun 19, 1971
Republic Act No. 6346 grants MORESCO a temporary permit to establish and operate private radiotelephone stations for business purposes, subject to government approval and restrictions, with the President having the authority to close the stations during emergencies.
A

Presidential Authority over Use of Public Domain

  • The President of the Philippines has the authority to allow construction, operation, and maintenance of private radiotelephone stations on public domain lands.
  • Terms and conditions for such use are prescribed by the President.

Duration and Conditions of the Temporary Permit

  • The temporary permit remains effective as long as the government has not established similar wireless service at the designated locations.
  • MORESCO must commence operation within three years from the permit’s approval.

Limitation on Domestic Telecommunications Business

  • MORESCO is prohibited from engaging in domestic telecommunications business.
  • The permit only allows establishment and operation of private radiotelephone stations to serve the cooperative’s business interests.

Frequency and Wavelength Allocation

  • MORESCO cannot begin actual operation until the Secretary of Public Works and Communications assigns frequencies and wavelengths.

Prohibition on Charging Fees

  • No fees may be charged by MORESCO for communications via these radiotelephone stations.
  • Communications must relate exclusively to MORESCO’s business operations.

Non-Interference Requirement

  • Stations must be constructed and operated to avoid interference with other radio stations in the Philippines.

Hold Harmless Provision

  • MORESCO must hold national, provincial, city, and municipal governments harmless from claims or damages arising from accidents or injuries related to station construction or operation.

Special Presidential Rights During National Emergencies

  • The President may close or take control of MORESCO’s radiotelephone stations during war, rebellion, public peril, or national emergency.
  • Government use during this period may occur without compensation to MORESCO.

Congress’s Rights to Amend or Repeal Permit

  • The permit is subject to amendment, alteration, or repeal by Congress if public interest demands.
  • The permit is non-exclusive and does not grant any special privileges beyond those stated.

Restrictions on Transfer and Assignment

  • MORESCO cannot lease, transfer, sell, assign, or grant usufruct of the permit or related rights without congressional approval.
  • Mergers with entities organized for similar purposes require prior consent of Congress.

Effectivity of the Act

  • The Act takes effect immediately upon approval.
  • It was enacted without the President’s executive approval on June 19, 1971.

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