An Act Granting the Pepsi-Cola Bottling Company of the Philippines, Inc. a Franchise to Construct, Establish, Operate and Maintain Private Fixed Point-to-Point, Coastal and Land Mobile Radio Stations for the Reception and Transmission of Radio Communications Within the Philippines

REPUBLIC ACT No. 6163

An Act Granting the Pepsi-Cola Bottling Company of the Philippines, Inc. a Franchise to Construct, Establish, Operate and Maintain Private Fixed Point-to-Point, Coastal and Land Mobile Radio Stations for the Reception and Transmission of Radio Communications Within the Philippines

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. The Pepsi-Cola Bottling Company of the Philippines, Inc., is hereby granted a franchise to establish, operate and maintain private fixed point-to-point, private coastal, and land-based and land mobile radio stations in Quezon City and in such places within the Philippines where it operates its business and/or the interest of its trade and business activities may justify, subject to the approval of the Secretary of Public Works and Communications, for the transmission and reception of wireless messages on radiotelegraphy or radiotelephony to and from said stations.

Section 2. This franchise shall continue to be in force for a period of twenty-five years and is granted upon the express condition that the same shall be void unless the construction or installation of at least one station be begun within one year from the date of approval of this Act and be completed within two years from said date.

The President of the Philippines shall have the power and authority to permit the location of said private fixed point-to-point, private coastal, and land-based and land-mobile radio stations on any land of the public domain upon such terms as he may prescribe.

Section 3. The grantee shall not engage in domestic business of telecommunications in the Philippines without further special assent of the Congress of the Philippines, it being understood that the purpose of this franchise is to secure to the grantee the right to establish, operate and maintain private fixed point-to-point, private coastal, and land-based and land-mobile radio stations at the places hereinabove stated for no other purpose than to promote, protect and subserve the trade and business interests of the grantee.

Section 4. No fees shall be charged by the grantee as the radio stations that may be established by virtue of this Act shall engage in communications regarding the grantee’s business only.

Section 5. The grantee shall so construct and operate its stations as not to interfere with the operation of other radio stations maintained and operated in the Philippines.

Section 6. The grantee is authorized to operate its radio stations on the frequency and/or frequencies that may be assigned to it by the Secretary of Public Works and Communications.

Section 7. A special right is hereby reserved to the President of the Philippines in time of war, insurrection, public peril, calamity, or disaster to cause the closing of the grantee’s radio stations or to authorize the temporary use or possession thereof by any department of the government, upon payment of just compensation.

Section 8. This franchise shall be subject to amendment, alteration, or repeal by the Congress of the Philippines when the public interest so requires, and shall not be interpreted as an exclusive grant of the privilege herein provided for.

Section 9. Whenever in this Act the term "grantee" is used, it shall be held and understood to mean and represent the Pepsi-Cola Bottling Company of the Philippines, Inc., its representatives, successors or assigns.

Section 10. The grantee shall not lease, transfer, grant the usufruct of, sell or assign this franchise or the rights, privileges acquired thereunder, to any person, firm, company, corporation or other commercial or legal entity, nor merge with any other person, company, or corporation organized for the same purpose, without the approval and/or consent of the Congress of the Philippines.

Section 11. This Act shall take effect upon its approval.

Approved: November 9, 1970.