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PHILIPPINE LAWS, STATUTES & CODES
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REPUBLIC ACT NO. 5813 - AN
ACT GRANTING CADIZ RADIO AND TELEVISION NETWORK INC. A FRANCHISE TO
CONSTRUCT, OPERATE AND MAINTAIN RADIO BROADCASTING AND TELEVISION
STATIONS IN NEGROS AND VISAYAS AND TO OPERATE PRIVATE FIXED
POINT-TO-POINT AND MOBILE RADIO COMMUNICATIONS IN CONNECTION THEREWITH Section 1. Subject to the provisions of the Constitution, Cadiz Radio and Television Network Inc. is hereby granted a franchise, which shall continue in force during the time that the Government has not established similar service at the places selected by the grantee, but not exceeding twenty-five years, to construct, operate and maintain for commercial purposes and in the public interest, radio broadcasting and television stations in Negros and Visayas: Provided, That this franchise shall be void unless the construction of at least one radio broadcasting station or one television station be begun within two years from the date of approval of this Act and completed within four years from said date: Provided, further, That the grantee shall provide adequate public service time to enable the Government, through the said radio broadcasting and television stations, to reach the population on important public issues; shall assist in the functions of public information and education; shall conform to the ethics of honest enterprise; and shall not use its stations for the broadcasting and/or telecasting of obscene or indecent language, speech, act or scene, or for the dissemination of deliberately false information or willful misrepresentation, or to the detriment of the public health or to incite, encourage, or assist in subversive or treasonable acts. Sec. 2. Such provisions of Act Numbered Thirty-eight hundred forty-six, entitled "An Act providing for the regulation of radio stations and radio communications in the Philippine Islands, and for other purposes"; Act Numbered Thirty-nine hundred and ninety-seven, known as "The Radio Broadcasting Law"; Commonwealth act Numbered One hundred forty-six, known as "The Public Service Act", and their amendments, as are applicable to radio broadcasting stations shall be applied, as far as practicable, to the television stations referred to in Section one hereof. Sec. 3. As a condition to the granting of this franchise the grantee shall execute a bond in favor of the Government of the Philippines in the sum of fifty thousand pesos, in form and with sureties satisfactory to the Secretary of Public Works and Communications, conditioned upon the faithful performance of the grantee's obligations during the first years of the life of this franchise. If after four years from the date of approval of this franchise, the grantee shall have fulfilled said obligations, or as soon thereafter as the grantee shall have fulfilled the same, the bond shall be cancelled by the Secretary of Public Works and Communications. Sec. 4. The grantee's radio broadcasting and television stations shall not be put in actual operation until the Secretary of Public Works and Communications shall have allotted to the grantee the frequency and wave lengths to be used under this franchise and issued to the grantee a license for such use: Provided, however, That it shall have the right to operate VHF (Very High Frequency) point-to-point single sideband communications. Sec. 5. In the event of any competing individual, partnership or corporation receiving from the Congress a similar franchise in which there shall be any term or terms more favorable than those herein granted or tending to place the herein grantee at any disadvantage, then such term or terms shall ipso facto become a part of the terms hereof and shall operate equally in favor of the grantee as in the case of said individual, partnership or corporation. Sec. 6. (a) Unless exempted therefrom, the grantee shall be liable for taxes on its real estate, buildings and personal property, used in the operation of its radio broadcasting and television stations, exclusive of the franchise, as other persons or corporations are now or hereafter may be required by law to pay. (b) The grantee shall pay all other taxes that may be imposed by the National Internal Revenue Code by reason of this franchise. Sec. 7. The grantee shall hold the national, provincial, and municipal governments of the Philippines free from all claims, accounts, demands or actions arising out of accidents or injuries, whether to property or to persons, caused by the construction or operation of the stations of the grantee. Sec. 8. The franchise hereby granted shall be subject to amendment, alteration, or repeal by the Congress of the Philippines when the public interest so requires. Sec. 9. In the event the Government should desire
to maintain and operate for itself any or all of the stations herein
authorized, the grantee shall turn over such station or stations, to
the government with all the serviceable equipment therein, at cost,
less reasonable depreciation. Enacted without Executive
approval, June 21, 1969. |
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