Title
Radio Stations Regulation Act 1931
Law
Act No. 3846
Decision Date
Nov 11, 1931
"Regulation of Radio Stations in the Philippines" explores the provisions and penalties outlined in Act No. 3846, including the prohibition on unauthorized transfer of radio station licenses and the power of the President or Governor-General to temporarily use or close radio stations in times of war or public peril.

Permits and Licenses for Radio Installations and Operation

  • Construction or installation of a radio station requires a permit from the Secretary of Commerce and Communications.
  • Operation of any station requires a license from the Secretary, detailing the permitted operational period.
  • License renewals must be applied for at least two months before expiration.
  • Licenses can be issued for no more than three years.

Powers and Duties of the Secretary of Commerce and Communications

  • Regulate establishment, use, and operation of all radio stations and communications within the Philippines.
  • Classify radio stations and designate the nature of services.
  • Assign call letters and frequencies, ensuring compliance with International Radio Regulations.
  • Prevent and resolve interference, requiring hearings before frequency or operational changes.
  • Define service zones and regulate chain broadcasting.
  • Require stations to maintain records on traffic, distress signals, programming, energy transmission, and communications.
  • Conduct investigations and hearings, summon witnesses, and compel document production.
  • Supervise radio training schools and regulate operator licensing.
  • Prescribe fees for station inspection, licensing, operator examination, and related services.
  • Approve or disapprove applications for station construction, operation, and license renewals with hearings for denials.
  • Enforce compliance through criminal actions, license suspension/revocation, refusal of renewals, or warnings.
  • Approve station location, equipment type, and power.
  • Prescribe procedures for handling SOS and distress messages.

Restrictions on Transfer and Ownership of Radio Station Licenses

  • License transfer requires express approval from the Secretary.
  • Licenses cannot be granted or transferred to non-citizens of the U.S. or the Philippines.
  • Companies must be incorporated locally or within U.S. states/territories.
  • No foreign aliens as officers or directors, and restrict 20% foreign ownership or control in corporations.

Non-Exclusivity of Station Licenses

  • Licenses do not grant exclusive rights to the privileges conferred.

Emergency Powers of Government

  • The President or Governor-General may close radio stations or authorize government possession/use in times of war, peril, calamity, or disaster, with just compensation.

Confidentiality and Prohibition on Unauthorized Message Disclosure

  • Prohibits willful publication or disclosure of message contents by persons handling transmission.
  • Prohibits unauthorized interception, use, or disclosure of messages.
  • Exception: messages broadcast for public use or concerning ships in distress.

Administrative Organization

  • The Secretary is authorized to establish a Radio Regulation Section or delegate enforcement duties to other offices under his control.

Scope and Exceptions

  • Act does not apply to U.S. or Philippine government radio stations.
  • Foreign mobile stations temporarily in the Philippines are exempt but must comply with International Radio Regulations.

Transfer of Powers and Regulatory Authority

  • Powers of the Director of Posts concerning radio apparatus on Philippine vessels are transferred to the Secretary.
  • The Secretary can issue regulations on radio installations on vessels, consistent with international maritime safety conventions.
  • Does not affect compulsory radio installation laws and penalties.

Repeal of Previous Law

  • Repeals an earlier Act on radio control but preserves prior rights and pending proceedings.

Penalties for Violations by Individuals

  • Violations incur fines up to three hundred pesos, imprisonment up to three months, or both per offense.

Penalties for Violations by Entities

  • Corporations or associations violating provisions face fines up to one thousand pesos per offense.

Effectivity

  • The Act takes effect three months after its approval on November 11, 1931.

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