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REPUBLIC ACT NO. 7298 - AN ACT
GRANTING TO OMNINET PHILIPPINES, INC., A FRANCHISE TO ESTABLISH,
INSTALL, MAINTAIN, LEASE AND OPERATE WIRE AND/OR WIRELESS
TELECOMMUNICATION SYSTEMS, LINES, CIRCUITS AND STATIONS WITHIN AND
WITHOUT THE PHILIPPINES AND FOR OTHER PURPOSES Section 1. Nature and Scope of Franchise. — Subject to the provisions of the Constitution and applicable laws, rules and regulations, there is hereby granted to the Omninet Philippines, Inc., hereunder referred to as the grantee, its successors or assigns a franchise to establish, install maintain, lease and operate for commercial purposes and in the public interest wire and/or wireless telecommunication systems, lines, circuits and stations, fibre optics, microwave and other facilities that are appropriate to the provision of up-to-date telecommunication facilities within and without the Philippines for public communications including but not limited to two-way radio communications systems, paging, mobile/cellular services, packet switched system, satellite transmit and receive systems, switches, pay television and/or program services by wire or wireless means and other telecommunication systems and their value-added services. Sec. 2. Manner of Operation of Stations of Facilities. — The stations of the grantee shall be constructed and operated in a manner as will at most result only in the minimum interference on the wavelengths or frequencies of the existing stations or other stations which may be established in accordance with law of other telecommunication services grantees, without in any way diminishing its own right to use its selected wavelengths or frequencies and the quality of transmission or reception thereon as should maximize rendition of the grantee's services and/or the availability thereof. Sec. 3. Prior Approval of the National Telecommunications Commissions. — The grantee shall secure from the National Telecommunications Commission the appropriate permits and licenses for its stations and shall not use any frequency in the radio spectrum without having been authorized by the Commission. Sec. 4. Responsibility to the Public. — The grantee shall conform to the ethics of honest enterprise and shall not use its stations for obscene or indecent transmissions or for the dissemination of deliberately false information or willful misrepresentation or assist in subversive or treasonable acts. Sec. 5. Rates for Services. — The subscription charges and rates for services, excluding the sale or lease of equipment or units, that the grantee shall offer to the public shall be subject to the approval of the National Telecommunications Commission or its legal successors. Sec. 6. Right of Government. — The President of the Philippines in times of war, rebellion, public peril, calamity, emergency, disaster or disturbance of peace and order, may take over and operate the stations, transmitter systems, facilities and equipment of the grantee, temporarily suspend the operation of any station in the interest of public safety, security and public welfare, or authorize the temporary use and operation thereof by any agency of the Government, upon due compensation to the grantee, for the use of said stations, transmitter systems, facilities and equipment during the period when they shall be so operated. Sec. 7. Term of Franchise. — This franchise shall be for a term of twenty-five (25) years from the date of effectivity of this Act, unless sooner revoked or cancelled. In the event the grantee fails to operate continuously for two (2) years, this franchise shall be deemed ipso facto revoked. Sec. 8. Acceptance and Compliance. — Acceptance of this franchise shall be given in writing within (60) days after effectivity of this Act. The grantee shall operate telecommunication systems for which this franchise granted within two (2) years from the date of its acceptance in writing of this franchise. Refusal or failure to accept the franchise or to operate within the prescribed period shall render the franchise void. Sec. 9. Tax Provisions. — The grantee, its
successors or assigns shall be liable to pay the same taxes on their
real estate, buildings and personal property, exclusive of this
franchise, as other persons or corporations which are now or hereafter
may be required by law to pay. In addition thereto, the grantee, its
successors or assigns shall pay a franchise tax equivalent to three
percent (3%) of all gross receipts of the business transacted under
this franchise by the grantee, its successors or assigns and the said
percentage shall be in lieu of all taxes on this franchise or earnings
thereof: provided, that the grantee, its successors or assigns shall
continue to be liable for income taxes payable under Title II of the
National Internal Revenue Code pursuant to Sec. 2 of Executive Order
No. 72 unless the latter enactment is amended or repealed, in which
case the amendment or repeal shall be applicable thereto. Approved: March 26, 1992 |
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