AN ACT GRANTING FELIX ALBERTO AND COMPANY
Download as PDF
Download as Word
Collections
Create new Collection
Overview
Full Text
Details
Case
Agency Issuance Number
Published Date
AN ACT GRANTING FELIX ALBERTO AND COMPANY
Republic Act No. 2090
June 22, 1958
Case Overview and Summary
Summary of Republic Act No. 2090Granting of Franchise
- Felix Alberto and Company, Incorporated (the "grantee") is granted the right and privilege to construct, install, establish and operate radio stations in the Philippines for domestic and transoceanic telecommunications. (Section 1)
- The franchise covers reception and transmission of messages on radio stations, including foreign and domestic fixed point-to-point, public base, aeronautical and land mobile stations, coastal marine service, and relay stations. (Section 1)
- The franchise covers various types of emission, such as radiotelegraphy, radiotelephony, radioteletype, radiophoto, facsimile, music, pictures, and advertisements. (Section 1)
- The franchise covers communication with vessels at sea and aircrafts, whether within or outside the Philippines. (Section 1)
Presidential Powers
- The President of the Philippines has the right to take over and operate the stations or authorize their temporary use by any government department during times of war, rebellion, public peril, calamity, disaster, or disturbance of peace or order, without compensating the grantee. (Section 2)
- The President has the power and authority to permit the construction of the stations on any land of the public domain, upon such terms and conditions as he may prescribe. (Section 3)
Duration and Conditions
- The franchise is granted for a period of fifty years from the date the first station is placed in operation. (Section 4)
- The franchise is void unless the construction of the station begins within two years from the date of approval of the Act and is completed within ten years from the same date. (Section 4)
Regulation of Frequencies and Wave Lengths
- The franchise shall not take effect until the Secretary of Public Works and Communications allots the frequencies and wave lengths to be used by the grantee and issues a license for such use. (Section 5(a))
- The Secretary may change, cancel, or modify the allotments of frequencies or wave lengths: (Section 5(b))
- Whenever the grantee uses or may use them to impair communications, stifle competition, obtain a monopoly, secure unreasonable rates, or violate laws or public policy. (Section 5(b)(1))
- Whenever the public interests of the Philippines require their use for other purposes by the government or other licensed individuals or corporations. (Section 5(b)(2))
- Whenever the public interests of the Philippines so require for any reason. (Section 5(b)(3))
Construction and Operation
- The stations shall be constructed and operated, and the wave lengths selected, to avoid interference with existing stations and permit the expansion of the grantee's services. (Section 6)
Liability and Compensation
- The grantee shall hold the national, provincial, and municipal governments harmless from all claims, accounts, demands, or actions arising out of accidents or injuries caused by the construction or operation of the stations. (Section 7)
- No private property shall be taken without proper condemnation proceedings and just compensation, except for the actual necessary purposes for which the franchise is granted. (Section 8)
Accounting and Inspection
- The grantee shall keep an account of its gross receipts and furnish a copy to the Auditor General and the Treasurer of the Philippines by January 31st of each year for the preceding year. (Section 9)
- The grantee's books and accounts shall be subject to official inspection by the Auditor General or authorized representatives, and the audit and approval of such accounts shall be final and conclusive evidence of the gross receipts, subject to the right of appeal to the courts. (Section 9)
Transfer and Assignment
- The grantee shall not lease, transfer, grant the usufruct of, sell or assign this franchise or the rights and privileges acquired thereunder, nor merge with any other entity organized for the same purpose, without the approval of the Congress of the Philippines. (Section 10)
- Any entity to which the franchise is sold, transferred, or assigned shall be subject to the corporation laws of the Philippines and all conditions, terms, restrictions, and limitations of the franchise. (Section 10)
Corporate Compliance
- The grantee and its successors or assigns shall be subject to the corporation laws of the Philippines. (Section 11)
Bond Requirement
- The grantee shall file a bond in the amount of fifty thousand pesos to guarantee full compliance and fulfillment of the conditions under which the franchise is granted. (Section 12)
- If the grantee fulfills the conditions within four years from the date of approval of the Act, or as soon thereafter as the conditions are fulfilled, the bond shall be cancelled by the Government. (Section 12)
Non-Discrimination Clause
- If any competing individual, partnership, or corporation receives a similar franchise with more favorable terms or terms tending to place the grantee at a disadvantage, then such terms shall automatically become part of the terms of this franchise and operate equally in favor of the grantee. (Section 13)
Taxation
- The grantee shall be liable to pay the same taxes on its real estate, buildings, and personal property, exclusive of the franchise, as other persons or corporations are required by law to pay. (Section 14(a))
- The grantee shall further pay to the Treasurer of the Philippines, within ten days after the audit and approval of the accounts, one and one-half per centum of all gross receipts from the business transacted under this franchise. (Section 14(b))
Amendment, Alteration, or Repeal
- The franchise granted is subject to amendment, alteration, or repeal by the Congress of the Philippines when the public interest so requires. (Section 15)
Non-Exclusivity
- The franchise shall not be interpreted as an exclusive grant of the privileges provided for. (Section 16)
Effectivity
- The Act shall take effect upon its approval. (Section 17)
Amends
n/a
Amended by
n/a
Tags
Statutes
Republic Acts
radio stations
telecommunications
franchise
frequencies
wave lengths
licenses
public interest
taxes
gross receipts
bond
transfer
assignment
amendment
repeal
non-exclusivity
Law
AN ACT GRANTING FELIX ALBERTO AND COMPANY
Republic Act No. 2090
•June 22, 1958
REPUBLIC ACT No. 2090
AN ACT GRANTING FELIX ALBERTO AND COMPANY, INCORPORATED, A FRANCHISE TO ESTABLISH RADIO STATIONS FOR DOMESTIC AND TRANSOCEANIC TELECOMMUNICATIONS.
Section 1. Subject to the provisions of the Constitution and the provisions of Act Numbered Three thousand eight hundred and forty-six, entitled "An Act providing for the regulation of radio stations and radio communications in the Philippine Islands, and for other purposes;" Commonwealth Act Numbered One hundred forty-six, known as the Public Service Act, and their amendments, and other applicable laws, there is hereinafter granted to Felix Alberto and Company, Incorporated, its successors or assigns, and hereunder referred to as the "grantee," the right and privilege of constructing, installing, establishing and operating in the Philippines, at such places as Felix Alberto and Company, Incorporated, may select and the Secretary of Public Works and Communications may approve, radio stations for the reception and transmission of messages on radio stations in the foreign and the domestic public fixed point-to-point and public base, aeronautical and land mobile stations, including coastal marine service with the corresponding...
Login to see full content
Amends
n/a
Amended by
n/a