Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro ManilaEleventh Congress
Third Regular SessionBegun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand.
REPUBLIC ACT NO. 9117 April 15, 2001
AN ACT GRANTING THE BATTLEX, INC. (BATAAN TELEPHONE EXCHANGE) A FRANCHISE TO CONSTRUCT, INSTALL, ESTABLISH, OPERATE AND MAINTAIN LOCAL EXCHANGE NETWORK ANYWHERE IN REGION III
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Nature and Scope of Franchise. - Subject to the provisions of the Constitution and applicable laws, rules and regulations, there is hereby granted to Battlex, Inc. (Bataan Telephone Exchange), hereunder referred to as the grantee, its successors or assigns, a franchise to construct, install, establish, operate and maintain for commercial purposes and in the public interest, local exchange network, including public calling stations or pay telephone stations or wireless local loop and their value-added services anywhere in Region III, and for such purpose provide basic telephone service capable of accessing local, national, international and...
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Republic Acts
AN ACT GRANTING THE BATTLEX
Republic Act No. 9117
Summary of Republic Act No. 9117
Nature and Scope of Franchise (Section 1):
- Grants Battlex, Inc. (Bataan Telephone Exchange) a franchise to construct, install, establish, operate and maintain local exchange network anywhere in Region III.
- Allows the grantee to provide basic telephone service capable of accessing local, national, international and other networks.
Manner of Operation (Section 2):
- Stations or facilities shall be constructed and operated to result in minimum interference on existing stations.
- Operations shall not exceed the required power to cover the allowed area.
Authority of NTC (Section 3):
- Grantee must secure certificate of public convenience and necessary permits from NTC.
- NTC has authority to regulate construction and operation, and impose conditions.
- NTC shall not unreasonably withhold or delay granting necessary authorizations.
Responsibility to the Public (Section 4):
- Grantee shall conform to ethics of honest enterprise and not use stations for obscene, indecent, false or subversive transmissions.
- Grantee shall provide service without discrimination, up to capacity limits.
- Grantee shall operate and maintain stations satisfactorily and keep up with technological advances.
Rates for Services (Section 5):
- Charges and rates for regulated services shall be approved by NTC.
- Rates shall be unbundled and separable among services offered.
Right of Government (Section 6):
- President can take over operations during war, emergency, etc., with due compensation.
- Radio spectrum is part of national patrimony and its use is a privilege.
Term of Franchise (Section 7):
- Franchise is for 25 years from effectivity of the Act.
- Revoked if grantee fails to: commence operations within 3 years, operate continuously for 2 years, or commence within 5 years.
Acceptance and Compliance (Section 8):
- Acceptance must be given in writing within 60 days from effectivity.
- Non-acceptance renders the franchise void.
Bond (Section 9):
- Grantee shall file a bond determined by NTC to guarantee compliance.
- Bond shall be cancelled after 5 years if conditions are fulfilled, otherwise forfeited.
Right of Interconnection (Section 10):
- Grantee is authorized to interconnect with other telecommunications systems.
Tax Provisions (Section 11):
- Grantee is subject to taxes under NIRC and other applicable laws.
- Specific tax exemptions or privileges granted under relevant laws shall be extended.
Gross Receipts (Section 12):
- Grantee shall keep separate account of gross receipts and furnish copy to COA and National Treasury annually.
Books and Accounts (Section 13):
- Books and accounts shall be open to inspection by COA.
- Grantee shall submit quarterly reports on gross receipts, net profits and general condition.
Warranty to Government (Section 14):
- Grantee shall hold government harmless from claims arising out of accidents caused by its operations.
Sale, Lease, Transfer, etc. (Section 15):
- Grantee cannot lease, transfer, sell or assign franchise without prior approval of Congress.
Dispersal of Ownership (Section 16):
- Grantee shall offer at least 30% of outstanding capital stock in securities exchange within 10 years of operations.
- Non-compliance shall revoke franchise ipso facto.
Equality Clause (Section 17):
- Any advantage granted to existing or future franchises shall be extended to this grantee.
Other Provisions:
- Separability clause (Section 18)
- Repealability and non-exclusivity clause (Section 19)
- Reportorial requirement to Congress annually (Section 20)
- Effectivity 15 days after publication in newspapers (Section 21)
Nature and Scope of Franchise (Section 1):
- Grants Battlex, Inc. (Bataan Telephone Exchange) a franchise to construct, install, establish, operate and maintain local exchange network anywhere in Region III.
- Allows the grantee to provide basic telephone service capable of accessing local, national, international and other networks.
Manner of Operation (Section 2):
- Stations or facilities shall be constructed and operated to result in minimum interference on existing stations.
- Operations shall not exceed the required power to cover the allowed area.
Authority of NTC (Section 3):
- Grantee must secure certificate of public convenience and necessary permits from NTC.
- NTC has authority to regulate construction and operation, and impose conditions.
- NTC shall not unreasonably withhold or delay granting necessary authorizations.
Responsibility to the Public (Section 4):
- Grantee shall conform to ethics of honest enterprise and not use stations for obscene, indecent, false or subversive transmissions.
- Grantee shall provide service without discrimination, up to capacity limits.
- Grantee shall operate and maintain stations satisfactorily and keep up with technological advances.
Rates for Services (Section 5):
- Charges and rates for regulated services shall be approved by NTC.
- Rates shall be unbundled and separable among services offered.
Right of Government (Section 6):
- President can take over operations during war, emergency, etc., with due compensation.
- Radio spectrum is part of national patrimony and its use is a privilege.
Term of Franchise (Section 7):
- Franchise is for 25 years from effectivity of the Act.
- Revoked if grantee fails to: commence operations within 3 years, operate continuously for 2 years, or commence within 5 years.
Acceptance and Compliance (Section 8):
- Acceptance must be given in writing within 60 days from effectivity.
- Non-acceptance renders the franchise void.
Bond (Section 9):
- Grantee shall file a bond determined by NTC to guarantee compliance.
- Bond shall be cancelled after 5 years if conditions are fulfilled, otherwise forfeited.
Right of Interconnection (Section 10):
- Grantee is authorized to interconnect with other telecommunications systems.
Tax Provisions (Section 11):
- Grantee is subject to taxes under NIRC and other applicable laws.
- Specific tax exemptions or privileges granted under relevant laws shall be extended.
Gross Receipts (Section 12):
- Grantee shall keep separate account of gross receipts and furnish copy to COA and National Treasury annually.
Books and Accounts (Section 13):
- Books and accounts shall be open to inspection by COA.
- Grantee shall submit quarterly reports on gross receipts, net profits and general condition.
Warranty to Government (Section 14):
- Grantee shall hold government harmless from claims arising out of accidents caused by its operations.
Sale, Lease, Transfer, etc. (Section 15):
- Grantee cannot lease, transfer, sell or assign franchise without prior approval of Congress.
Dispersal of Ownership (Section 16):
- Grantee shall offer at least 30% of outstanding capital stock in securities exchange within 10 years of operations.
- Non-compliance shall revoke franchise ipso facto.
Equality Clause (Section 17):
- Any advantage granted to existing or future franchises shall be extended to this grantee.
Other Provisions:
- Separability clause (Section 18)
- Repealability and non-exclusivity clause (Section 19)
- Reportorial requirement to Congress annually (Section 20)
- Effectivity 15 days after publication in newspapers (Section 21)