An Act Providing For The Regulation of Radio Stations and Radio Communications In The Philippine Islands, and For Other Purposes.

Case Overview and Summary

Republic Act No. 3846: An Act Providing for the Regulation of Radio Stations and Radio Communications in the Philippine Islands

Franchise Requirement:
- No person, firm, company, association or corporation shall construct, install, establish, or operate a radio station without obtaining a franchise from the Philippine Legislature, except for broadcasting stations, amateur stations, experimental stations, training stations, stations on mobile vessels/trains/aircraft, or private stations without communication means. (Section 1)

Licensing and Permit Requirements:
- Construction or installation of any station requires a permit from the Secretary of Commerce and Communications. (Section 2)
- Operation of any station requires a license from the Secretary of Commerce and Communications, specifying the operational dates. (Section 2)
- License renewal applications must be submitted at least 2 months before expiration. (Section 2)
- Licenses shall not be issued for more than 3 years. (Section 2)

Powers and Duties of the Secretary of Commerce and Communications:
- Regulate establishment, use, and operation of radio stations and communications within the Philippines, and issue necessary rules and regulations. (Section 3)
- Classify radio stations and prescribe the nature of service for each class and station. (Section 3(a))
- Assign call letters, frequencies, and specify stations for each frequency. (Section 3(b))
- Make rules and regulations to prevent interference between stations and carry out provisions of this Act and International Radio Regulations, with a hearing required for changes in frequencies, power, signals, power supply, or operating hours. (Section 3(c))
- Establish areas or zones to be served by any station. (Section 3(d))
- Make special rules and regulations for radio stations engaging in chain broadcasting. (Section 3(e))
- Make general rules and regulations requiring stations to keep records of traffic, distress, frequency watches, programs, transmissions, and communications. (Section 3(f))
- Conduct investigations, hold hearings, summon witnesses, administer oaths, and compel production of books, logs, documents, and papers. (Section 3(g))
- Prescribe rules and regulations for radio training schools, supervise courses and methods, and refuse admission to operator examinations for non-compliant schools. (Section 3(h))
- Prescribe rates of charges for inspection of stations, licensing of stations and operators, examinations, renewals, and other services. (Section 3(i))
- Approve or disapprove applications for construction, installation, establishment, or operation of radio stations. (Section 3(j))
- Approve or disapprove applications for renewal of station or operator licenses, with a hearing required for disapprovals. (Section 3(k))
- Take criminal actions against violators, suspend or revoke licenses, refuse to renew licenses, or reprimand and warn offenders. (Section 3(l))
- Approve the location, power, and type of apparatus used by stations. (Section 3(m))
- Prescribe rules and regulations for handling SOS messages and distress traffic, not conflicting with International Radio Regulations. (Section 3(n))

Transfer and Ownership Restrictions:
- Radio station licenses cannot be transferred without express authority from the Secretary of Commerce and Communications. (Section 4)
- Licenses shall not be granted or transferred to non-citizens of the United States or the Philippine Islands, or to firms/companies not incorporated under Philippine or U.S. laws. (Section 4)
- Licenses shall not be granted or transferred to companies where 20% or more of the voting capital stock is owned by aliens, foreign governments, or foreign companies/associations. (Section 4)

Other Provisions:
- Privileges granted in any station license shall not be exclusive. (Section 5)
- The President of the United States or the Governor-General of the Philippine Islands may cause the closing of any radio station or authorize temporary use or possession by the government during war, public peril, calamity, or disaster, with just compensation to owners. (Section 6)
- Prohibitions on willfully publishing, divulging, intercepting, or using messages or communications without authorization, with exceptions for broadcasted messages or messages related to ships in distress. (Section 7)
- The Secretary of Commerce and Communications is authorized to create a Radio Regulation Section, Division, or Office to carry out the provisions of this Act and regulations. (Section 8)
- The Act does not apply to radio stations of the U.S. Government, Philippine Government, or foreign mobile stations temporarily located within the Philippines, subject to International Radiotelegraph Regulations. (Section 9)
- Powers and duties of the Director of Posts under Act No. 3396 are transferred to the Secretary of Commerce and Communications, who can include regulations governing radio apparatus on vessels, consistent with the International Convention for the Safety of Life at Sea. (Section 10)
- Act No. 3275 is repealed, but the repeal shall not affect any act, right, suit, or proceeding prior to the repeal. (Section 11)
- Penalties for violating provisions of this Act, regulations prescribed by the Secretary, or International Radio Regulations: fine of not more than 300 pesos or imprisonment for not more than 3 months, or both, for individuals; fine of not more than 1,000 pesos for firms, companies, corporations, or associations. (Sections 12 and 13)
- The Act shall take effect 3 months after its approval. (Section 14)