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REPUBLIC ACT NO. 5192 - AN
ACT GRANTING THE CAGAYAN VALLEY UTILITIES CORPORATION A FRANCHISE TO
INSTALL, OPERATE AND MAINTAIN A TELEPHONE SYSTEM IN THE PROVINCES OF
CAGAYAN, ISABELA AND NUEVA VIZCAYA Section 1. Subject to the conditions established in this Act and the provisions of Commonwealth Act Numbered One hundred and forty-six, as amended, and of the Constitution, applicable thereto, there is hereby granted to the Cagayan Valley Utilities Corporation, hereinafter called the grantee, its successors or assigns, for a period of twenty-five years from the approval of this Act, the right and privilege to construct operate and maintain in the Provinces of Cagayan, Isabela and Nueva Vizcaya a telephone system to carry on the business of electrical transmission of conversations and signals in the said provinces. For this purpose the grantee is hereby authorized to use all streets and public thoroughfares in the said provinces for the construction, operation and maintenance of all apparatus, conductors, and appliances necessary for the electrical transmission or conduction in, on, over, or under the public roads, highways, lands, bridges, streets, lanes, and sidewalks in said provinces and overhead or underground lines or on the surface of the ground as may be necessary and best adapted to said transmission. Sec. 2. All poles erected and all conduits constructed or used by the grantee shall be located in places designated by the grantee: Provided, That all poles erected and used by the grantee or its successors or assigns shall be of such appearance as not to disfigure the streets, and the wires and cables carried by said poles and the underground cables shall be strung and laid in accordance with professional standards approved by the Public Service Commission; and said poles shall be of such height as to maintain the wires and cables stretched on the same at a height of at least fifteen feet above the level of the ground, and said wires and cables shall be so placed as not to imperil the public safety in accordance with a plan approved by the Public Service Commission: Provided, further, That whenever twenty-five or more pairs of wires or other conductors are carried on one line of poles in the poblacion of the said provinces, said wires or conductors shall be placed in one cable, and that whenever more than eight hundred pairs of wires or other conducts are carried on one line of poles said wires or conductors shall be placed underground by the grantee, its successors or assigns, whenever ordered to do so by the Public Service Commission. Sec. 3. For the purpose of erecting and placing the poles or other supports of such wires or other conductors or of laying and maintaining underground said wires, cables or other conductors, it shall be lawful for the grantee, its successors or assigns, to make excavations or lay conduits in any of the public places, highways, streets, alleys, lanes, avenues, sidewalks or bridges in the Provinces of Cagayan, Isabela and Nueva Vizcaya: Provided, however, That any public place, highway, street, alley, lane, avenue, sidewalk or bridge disturbed, altered of changed by reason of the erection of poles or other supports, or the laying of underground wires or other conductors, or of conduits shall be replaced and restored to the satisfaction of the district engineer of the province, and removing from the same all rubbish, dirt, refuse, or other material which may have been placed there or taken up in the erection of said poles or the laying of said underground conduits, leaving them in as good conditions as they were before the work was done. Sec. 4. Whenever any person has obtained permission to use any of the streets of a municipality in said provinces for the purpose of removing any building or in the prosecution of any municipal work or for any other cause whatsoever, making it necessary to raise or remove any of said wires or conduits which may obstruct or hinder the prosecution of said work, the said grantee, upon notice by the municipal council of the municipality, served upon said grantee at least forty-eight hours in advance, shall raise or remove any of said wires or conduits which may hinder the prosecution of such work or obstruct the removal of said buildings, so as to allow the free and unobstructed passage of said buildings and the free and unobstructed prosecution of said work, and the person or entity at whose request the wires or poles or other structures have been removed, shall pay one-half of the actual cost of replacing the poles or raising the wires and other conductors or structures. The notice shall be in the form of a resolution duly adopted by the municipal council of the municipality and served upon the grantee or its duly authorized representative or agent by a person competent to testify as witness in a civil action, and in case of refusal or failure of the grantee to comply with such notice, the municipal mayor of the municipality, with the approval of the municipal council first had, shall order such wires or conduits to be raised or removed at the expense of the grantee, for the purposes aforesaid. Sec. 5. All apparatus and appurtenances to be used by the grantee, its successors or assigns, shall be modern and first class in every respect and all telephone lines or installations used, operated and maintained in connection with this franchise by the grantee, its successors or assigns, shall be kept and maintained at all times in a satisfactory manner, so as to render an efficient and adequate telephone service, and it shall be further the duty of said grantee, its successors or assigns, whenever required to do so by the Public Service Commission to modify, improve, and charge such telephone system for the electrical transmission of conversations and signals by means of electricity in such manner and to such extent as the progress of science and improvements in the methods of electrical transmission of conversations and signals by means of electricity may make reasonable and proper. Sec. 6. The grantee, its successors or assigns, shall keep a separate account of the gross receipts of its telephone business, and shall furnish the Auditor General and the Treasurer of the Philippines a copy of such account not later than the thirty-first of July of each year for the twelve months preceding the first day of July. Sec. 7. The grantee, its successors or assigns, shall be liable to pay the same taxes on its real estate, buildings, and personal property, exclusive of this franchise, as other persons or corporations are now or hereafter may be required by law to pay. In addition, the grantee, its successors or assigns, shall pay to the Treasurer of the Philippines each year, within ten days after the audit and approval of the accounts as prescribed in Section six of this Act, three per centum of all gross receipts of the telephone business transacted under this franchise by the grantee, its successors or assigns. Sec. 8. Within sixty days from the approval of this Act, the grantee shall file with the Public Service Commission its application for a certificate of public necessity and convenience. In case of failure to make said application within the period established, this franchise shall become null and void. Sec. 9. The grantee shall not commence any
construction whatever pursuant to this franchise without first
obtaining a certificate of public necessity and convenience from the
Public Service Commission of the form and character provided for in
Commonwealth Act Numbered One hundred and forty-six, as amended,
especially authorizing such construction. The grantee shall not
exercise any right or privilege under this franchise without first
having obtained such certificate of public necessity and convenience
from the Public Service Commission. The Public Service Commission shall
have the power to issue such certificate of public necessity and
convenience whenever it shall after due hearing, determine that such
construction or such exercise of the rights and privileges under this
franchise is necessary and proper for the public convenience, and the
Commission shall have the power in issuing such certificate to impose
such conditions, as to construction, equipment, maintenance, service or
operation as the public convenience and interest may reasonably
require, and such certificate shall state the date on which the grantee
shall commence construction and the period within which the work shall
be completed. In order to avail itself of the right granted by such
certificate of public necessity and convenience, the grantee shall file
with the Public Service Commission, within such period as said
Commission shall fix, its written acceptance of the terms and
conditions of this franchise and of the certificate, together with the
document evidencing the fact that the deposit required in Section ten
has been made. In the event that the grantee shall not commence the
telephone service referred to in the certificate obtained and filed
herein provided within such period as the Public Service Commission
shall have fixed, said Commission may declare said certificate null and
void and the deposit made pursuant to Section ten of this Act forfeited
to the National Government unless the grantee shall have been prevented
from doing so by fortuitous cause or force majeure, usurpation by
military power, martial law, riot, uprising, or other inevitable cause:
Provided, however, That if the grantee shall have been prevented by one
or more of all such causes from commencing the telephone service within
the period specified, the time during which it shall have been so
prevented shall be added to said period: Provided, further, That
failure on the part of the grantee to accept the conditions of
franchise and those imposed in the certificate of public necessity and
convenience shall automatically void this franchise. Enacted without Executive
approval, April 27, 1968. |
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