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BATAS PAMBANSA BILANG. 95BATAS PAMBANSA BLG. 95 - AN ACT
GRANTING TO THE GLOBE-MACKAY CABLE AND RADIO CORPORATION, A PHILIPPINE
CORPORATION, A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE IN THE
PHILIPPINES COMMUNICATIONS SYSTEMS FOR THE RECEPTION AND TRANSMISSION
OF INTERNATIONAL TELECOMMUNICATIONS
Section 1. There
is hereby granted to Globe-Mackay Cable and Radio Corporation, a
Philippine corporation, its successors and assigns, hereinafter
referred to as the Grantee, the right and privilege of constructing,
maintaining and operating communications systems by radio, wire, cable,
satellites, and any other means now known to science or which in the
future may be developed for the reception and transmission of
telecommunications between any point in the Philippines to points
exterior thereto, including airplanes, airships or any type of vessels,
even though such airplanes, airships or any type of vessel be located
within the territorial limits of the Philippines, and the receiving of
messages from such exterior points.
Sec. 2. Subject to the limitations and procedures
prescribed by law, the Grantee is authorized to exercise the right of
eminent domain, insofar as may be reasonably necessary to further the
establishment and efficient maintenance and operation of its
communications systems and connecting them one to another, and, with
prior approval of the Minister of Transportation and Communications,
the Grantee is authorized to construct and maintain its works of public
utility and service over and across public properties of the
Philippines.
Sec. 3. Unless earlier terminated by repeal or
forfeiture, the franchise and rights hereby granted shall terminate
upon expiration of fifty years from the approval of this Act, but in no
case to extend beyond the corporate life of the Grantee.
Sec. 4. For the purpose of carrying out the
privilege granted herein, the Grantee may establish stations in such
places in the Philippines as the Grantee may select, subject to the
approval of the Minister of Transportation and Communications. The
Grantee may likewise avail of or utilize, through purchase, lease or
other forms of arrangement with third parties, any other kinds or means
of communications systems now known to science or which in the future
may be developed.
Sec. 5. With the exception of privilege granted
herein, all communications between points or stations within the
Philippines are expressly reserved to the Government or to
communications carriers authorized to engage in domestic service.
Sec. 6. The Minister of Transportation and
Communications through the National Telecommunications Commission shall
have the power to allot to the Grantee the frequencies to be used
thereunder, and determine the stations to and from which each such
frequency may be used, and issue to the Grantee a license for such
use.
The National Telecommunications Commission, upon reasonable notice to
the Grantee, may at any time change, cancel or modify, in whole or in
part, any or all of the allotments of frequencies to be used, under any
of the following conditions:
(1) Whenever, in its judgment, such frequencies may
have been used, or there is danger that they may be used by the Grantee
to impair electrical communications, or stifle competition, or to
obtain a monopoly in electrical communications, or to secure
unreasonable rates for such communications, or otherwise to violate the
laws or public policy of the Philippines.
(2) Whenever, in its judgment, for any reason public
interest so requires.
The Grantee who may be aggrieved by the change, cancellation, or
modification of a frequency may, within fifteen days from receipt of
such order, file a motion for reconsideration with the National
Telecommunications Commission, and upon denial thereof may within
thirty days from receipt of such denial, file an appeal from such
action in accordance with existing laws.
The National Telecommunications Commission may appoint, employ or make
use of government boards, commissions or agents to investigate, and
determine the facts upon which it may act as aforesaid, and such
boards, commissions and agents shall have the power, by compulsory
process of subpoena, to summon witnesses, administer oaths, and take
evidence. For purposes of rate setting, the National Telecommunications
Commission shall appoint the Commission on Audit to make the inspection
of the accounts of the Grantee, and the report of the Commission on
Audit shall be conclusive evidence of the findings therein, except that
this may be contested when any appeal is made to the courts from any
decision of the National Telecommunications Commission based thereon.
Sec. 7. The National Telecommunications Commission
is hereby given jurisdiction, supervision, regulation and control over
all the facilities, operations, and the rates which the Grantee may
charge the public, except in rate cases where international commitments
are made or adhered to by the Republic of the Philippines.
Sec. 8. The Bureau of Internal Revenue shall have
exclusive jurisdiction over tax matters, and it shall be furnished a
copy of the accounts of gross receipts of the business transacted by
the Grantee and shall have access at all times to books and accounts of
the Grantee or duplicates thereof for the purpose of examining,
verifying, assessing, and collecting franchise and other internal
revenue taxes. For this purpose, the term "gross receipts" means the
gross revenue from sources within and without the Philippines derived
from the franchised activities under this Act, less proportionate
amounts of the gross receipts belonging to connecting lines or stations.
Sec. 9. In consideration of the franchise and
rights hereby granted, the Grantee shall pay to the Commissioner of
Internal Revenue during the life of the franchise a tax of five percent
of the gross receipts derived by the Grantee from its operation under
this franchise. Such tax shall be due and payable quarterly in
accordance with Section 193 (a) of the National Internal Revenue Code
and shall be in lieu of income tax.
Sec. 10. The Grantee shall hold the national,
provincial, city and municipal governments of the Philippines, harmless
from all claims, demands, or actions arising out of accidents or
injuries, whether to property or to persons, caused by the construction
or operation of the station for reception and transmission of messages
of the Grantee.
Sec. 11. No private property shall be taken for
any purpose by the Grantee of this franchise without proper
condemnation proceedings and just compensation paid or tendered
therefor, and any authority to take and occupy land contained herein
shall not apply to the taking, use, or occupation of any land except
such as is required for the actual necessary purposes for which this
franchise is granted.
Sec. 12. The franchise hereby granted shall be
subject to amendment, alteration, or repeal by the appropriate
legislative authority, and the rights to use and occupy public property
and places hereby granted shall revert to the Government, including
permanent improvements on such public property and places, upon the
termination of this franchise by such repeal or by forfeiture or
expiration in due course.
Sec. 13. The Grantee shall not lease, transfer,
grant the usufruct of, sell or assign this franchise, including the
rights and privileges acquired thereunder, to any person, firm,
company, corporation or other company or corporation organized for the
same purpose, without the approval of the appropriate legislative
authority.
Sec. 14. The term "National Telecommunications
Commission", as herein used, means the Commission created under
Executive Order No. 546 or an other governmental body as may from time
to time be constituted, or hereafter created in place of or in
succession to said National Telecommunications Commission.
Sec. 15. This franchise shall not be interpreted
to mean an authorization to engage in domestic communications services
or in international or domestic public long distance telephone services.
This franchise shall be subject to revocation, amendment, revision or
such other future legislation rationalizing and standardizing all
franchises.
Sec. 16. Act No. 3513 as amended and Republic Act
No. 4630 are hereby repealed; and all laws inconsistent with this Act
are accordingly modified or repealed, insofar as the Grantee herein is
concerned. If any part of this Act shall, for any reason, be adjudged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect the remainder thereof, but shall be confined in its
operation to such part directly involved in the controversy in which
such judgment shall have been rendered.
Sec. 17. This Act shall take effect upon its
approval.
Approved: December 24, 1980.
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