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PRESIDENTIAL DECREE NO. 1512
PRESIDENTIAL DECREE NO. 1512 -
DECREE GRANTING AN EXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE AND
MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM (CATV) IN THE
PHILIPPINES IN FAVOR OF SINING MAKULAY, INCORPORATED
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WHEREAS, it
is the objective of the government to help the television industry in
the Philippines by improving its service and facilities;chanroblesvirtualawlibrary
WHEREAS, concomitant with this objective is the desire of the
government to spread social benefits among its people by affording them
the opportunity to improve themselves through mass media and modern
communication;chanroblesvirtualawlibrary
WHEREAS, because of the geographical location of some areas television
reception in these areas is such that a community antenna television
system (hereinafter referred to as CATV) is necessary, and even in
urban areas, CATV has cater to certain special TV viewership like
hotels, business houses and educational institutions;chanroblesvirtualawlibrary
WHEREAS, because of technological advances in equipment and facilities,
CATV systems have acquired a more significant role in the
socio-political life of the nation, requiring the exercise of
regulatory power by the national government. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree:cralaw:red
Section 1. Subject to the provision of the
Constitution and the rules and regulations on radio and TV stations and
communications, there is hereby granted in favor of Sining Makulay,
Incorporated, hereinafter referred to as the grantee, an exclusive
franchise to establish, install, operate and maintain at such place or
places within the Philippines as the said grantee may select, a CATV
with the authority to receive and transmit messages, impressions,
pictures, music, entertainment, advertising and signals throughout the
Philippines.
Section 2. This franchise shall continue for the
period of 25 years from the date the said CATV shall be put in
operation, renewable for another 25-year period.
Section 3. The CATV shall be constructed and operated
to avoid interference with existing stations and to permit the
expansion of the grantee's services.
Section 4. Subject to the limitations and procedure
prescribed by law, the grantee is authorized to exercise the right of
eminent domain insofar as may be reasonably necessary for the efficient
maintenance and operation of the CATV. The grantee is authorized to
install and maintain its ducts, cables, and other facilities over and
across public property, including streets, highways, forest reserves
and other similar property of the Government of the Philippines, its
branches or any of its instrumentalities. chanroblesvirtualawlibrary
Section 5. A special right is hereby reserved to the
President of the Philippines in time of war, rebellion, public peril to
other national emergency and when public safety requires, to cause the
closing of the grantee's CATV or to authorize the use or possession
thereof by the government without compensation to the grantee for the
use of said CATV during the continuance of the national emergency.
Section 6. The rates that will be charged by the
grantee shall be in accordance with the following:cralaw:red
a. For each subscriber connection to service
one television set P20.00/mo.
b. For each additional television set extension
in the same subscriber's private residence for
use by his family, additional charge of
P5.00/mo.
c. Initial connection charge of
P35.00 chanroblesvirtualawlibrary
In addition, the grantee may charge for actual cost of the following:
(1) for relocation of outlets, (2) for additional work and materials
for connection to subscriber's premises located at a greater distance
from the feeder cable, or in the event that the distance from the
center line of the street, alley or easement occupied by a feeder cable
to any outlet at the subscriber's set exceeds 150 feet, and (3) for
providing underground service from underground cable necessitating
trenching (including back filling, repairing and/or replanting.
Section 7. In consideration of this franchise, the
Grantee shall pay to the Treasurer of the Government of the Philippines
each year, a tax equivalent to THREE per centum (3%) of all gross
receipts from business transacted under this franchise. This tax, any
provision of law to the contrary notwithstanding, shall be in lieu of
any and all taxes, duties and tariffs of any kind, nature or
description levied or collected by any authority, whatsoever, municipal
provincial or national from which taxes, duties and tariffs, the
Grantee is hereby expressly exempted. chanroblesvirtualawlibrary
Section 8. The franchise herein granted shall be
subject to amendment, alteration or modification, and the right to use
and occupy the public property and places hereby granted shall revert
to the government upon termination of this franchise.
Section 9. The Grantee shall not lease, transfer,
sell or assign this franchise, nor the rights or privileges acquired
herein, to any firm, person, company or corporation without the
approval of the President of the Republic of the Philippines.
Section 10. All acts, decrees, orders and
proclamations, rules and regulations or parts thereof inconsistent with
any of the provisions of this Decree are hereby repealed or modified
accordingly. All franchises, permits, or certificates for the operation
of CATV previously granted by local government or by any
instrumentality or agency of the national government are hereby
terminated and cancelled.
Section 11. This Decree shall take effect upon
approval.
Done in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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Since 19.07.98
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