RA 3846 | License | Article One Of The United States Constitution

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2/22/2010 R.A. 3846 The Lawphil Project - Arellano Law Foundation REPUBLIC ACT No. 3846 August 10, 1963 AN ACT PROVIDING FOR THE REGULATION OF RADIO STATIONS AND RADIO COMMUNICATIONS IN THE PHILIPPINE ISLANDS, AND FOR OTHER PURPOSES REPUBLIC ACT No. 3846 AN ACT PROVIDING FOR THE REGULATION OF RADIO STATIONS AND RADIO COMMUNICATIONS IN THE PHILIPPINE ISLANDS, AND FOR OTHER PURPOSES Section 1. No person, firm, company, association or corporation shall construct, install, establish, or operate a
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  The Lawphil Project - Arellano Law FoundationREPUBLIC ACT No. 3846 August 10, 1963 AN ACT PROVIDING FOR THE REGULATION OF RADIO STATIONS AND RADIO COMMUNICATIONS IN THE PHILIPPINEISLANDS, AND FOR OTHER PURPOSES REPUBLIC ACT No. 3846AN ACT PROVIDING FOR THE REGULATION OF RADIO STATIONS AND RADIOCOMMUNICATIONS IN THE PHILIPPINE ISLANDS, AND FOR OTHER PURPOSESSection 1. No person, firm, company, association or corporation shall construct, install,establish, or operate a radio station within the Philippine Islands without having first obtained afranchise therefor from the Philippine Legislature; Provided however, That no franchise from theLegislature shall be necessary for the construction, installation, establishment or operation of abroadcasting station, an amateur station, an experimental station, a training station, a station onboard a mobile vessel, train, or aircraft, or a private station in a place without any means of communication. Section 2. The construction or installation of any station shall not be begun, unless a permittherefor has been granted by the Secretary of Commerce and Communications. No station shallbe operated except under and in accordance with the provisions of a license issued therefor bythe Secretary of Commerce and Communications. The license shall state the dates betweenwhich the station may be operated. If a renewal is desired, the licensee shall submit anapplication to the Secretary of Commerce and Communication at least two (2) months beforethe expiration date of the license to be renewed. The Secretary of Commerce andCommunication shall determine the period for which each license is issued; Provided, that nolicense shall be issued for a longer period than three (3) years. Section 3. The Secretary of Commerce and Communication is hereby empowered to regulatethe establishment, use, and operation of all radio stations and of all forms of radiocommunications and transmissions within the Philippine Islands and to issue such rules andregulations as may be necessary. In addition to the above, he shall have the following specificpowers and duties:(a) He shall classify radio stations and prescribe the nature of service to be rendered byeach class and by each station within any class;(b) He shall assign call letters and assign frequencies for each station licensed by himand for each station established by virtue of a franchise granted by the PhilippineLegislature and specify the stations to which each such frequency may be used;(c) He shall make rules and regulations to prevent and eliminate interference betweenstations and to carry out the provisions of this Act and the provisions of InternationalRadio Regulations: Provided however, that changes in the frequencies or in theauthorized power, or in the character of omitted signals, or in the type of the power supply, or in the hours of operation of any licensed station, shall not be made without firstgiving the station a hearing;(d) He may establish areas or zones to be served by any station;(e) He may make special rules and regulations applicable to radio stations engaging inchain broadcasting;(f) He may make general rules and regulations requiring stations to keep records of traffichandled, distress, frequency watches, programs, transmissions of energy,communications or signs;(g) He may conduct such investigations as may be necessary in connection with radio 2/22/2010 R.A. 3846lawphil.net/…/ra_3846_1963.html 1/3  matters and hold hearings, summon witnesses, administer oaths and compel theproduction of books, logs, documents and papers;(h) He may prescribe rules and regulations to be observed by radio training schools; hemay supervise the course and method of instruction therein, and he may refuse to admitto examinations for radio operators' licenses graduates of any radio school not complyingwith the regulations;(i) He shall prescribe rates of charges to be paid to the Government for the inspection of stations, for the licensing of stations, for the examination of operators, for the licensing of operators, for the renewal of station or operator licenses, and for such other services asmay be rendered;(j) He is hereby empowered to approve or disapprove any application for theconstruction, installation, establishment or operation of a radio station;(k) He may approve or disapprove any application for renewal of station or operator license: Provided however, that no application for renewal shall be disapproved withoutgiving the licensee a hearing;(l) He may, at his discretion, bring criminal actions against violators of the radio law or theregulations; or simply suspend or revoke the offender's station or operator's licenses; or refuse to renew such licenses; or just reprimand and warn the offenders;(m) The location of any station, and the power and kind or type of apparatus to be usedshall be subject to his approval;(n) He shall prescribe rules and regulations to be observed by stations for the handling of SOS messages and distress traffic: Provided, that such rules and regulations shall notconflict with the provisions of the International Radio Regulations. Section 4. No radio station license shall be transferred to any person, firm, company,association or corporation without express authority of the Secretary of Commerce andCommunications, and no license shall be granted or transferred to any person who is not acitizen of the United States of America or of the Philippine Islands; or to any firm or companywhich is not incorporated under the laws of the Philippine Islands or any state or territory of theUnited States of America; or to any company or corporation twenty percent (20%) of whosecapital stock may be voted by aliens or their representatives, or by a foreign government or itsrepresentatives, or by any company, corporation, or association organized under the laws of aforeign country. Section 5. The privileges granted in any station license shall not be exclusive. Section 6. The President of the United States of America, or the Governor-General of thePhilippine Islands, in time of war, public peril, calamity, or disaster, may cause the closing of anyradio station in the Philippine Islands; or may authorize the temporary use or possession thereof by any department of the Government upon just compensation to the owners. SECTION 7. Aperson to whom or through whom a message has been submitted for transmission shall notwillfully publish or divulge the contents, substance, purport, effect, or meaning thereof to anyunauthorized person; and no person not being authorized by the sender or the addressee shallintercept any message or communication and willfully divulge or publish the contents,substance, purport, effect, or meaning of such intercepted message or communication to anyperson; and no person not being entitled thereto shall receive, or assist in receiving, anymessage or communications and use the same or any information therein contained for hisbenefit or for the benefit of another not entitled thereto; and no person having received suchintercepted message or communication, or having become acquainted with the contents,substance, purport, effect, or meaning of the same or any part thereof, knowing that suchinformation was so obtained, shall divulge or publish the contents, substance, purport, effect, or  2/22/2010 R.A. 3846lawphil.net/…/ra_3846_1963.html 2/3  meaning of the same or any part thereof, or use the same or any information therein containedfor his own benefit or for the benefit of another not entitled thereto: Provided, that this sectionshall not apply to the transmitting, receiving, divulging, publishing or utilizing the contents of anymessage or communication broadcasted or transmitted by amateurs or others for the use of thegeneral public or relating to ships in distress. Section 8. The Secretary of Commerce and Communication is hereby authorized to create aRadio Regulation Section, Division, or Office, which shall take charge of carrying out theprovisions of this Act and of the regulations prescribed by him, or to delegate temporarily theduties herein conferred upon him and the enforcement of the regulations prescribed by him, toany bureau or office under his department, subject to his general supervision and control. Section 9. The provisions of this Act shall not apply to radio stations of the United StatesGovernment and those of the Philippine Government. Foreign mobile stations temporarilylocated within the Philippine Islands shall be exempt from the provisions of this Act: Provided,however, That they shall be subject to the provisions of the International RadiotelegraphRegulations. Section 10. The powers vested in and the duties imposed upon the Director of Posts by ActNumbered Thirty-three hundred and ninety-six are hereby transferred to the Secretary of Commerce and Communication, who is hereby empowered to include in the general radioregulations under this Act, regulations governing radio apparatus compulsory required onvessels of Philippine registry by Act Numbered Thirty-three hundred and ninety-six,notwithstanding the fact that such regulations may be different from those specifically providedin said Act Numbered Thirty-three hundred and ninety-six: Provided however, that suchregulations shall not be inconsistent with the provisions of the International Convention for theSafety of Life at Sea: Provided further, that this section or any part thereof shall not beconstrued as in any way affecting the provisions of Act Numbered Thirty-three hundred andninety-six making compulsory the installation of radio apparatus on certain vessels andpenalizing violations thereof. Section 11. Act Numbered Thirty-two hundred and seventy-five, entitled, An Act to Amend Article One of Chapter Fifty-two and Section Twenty-seven hundred and fifty-seven of the Administrative Code, Providing for the Effective Radio Control, is hereby repealed: Providedhowever, that such repeal shall not affect any act done, or any right accrued, or any suit or proceeding had or commenced in any criminal or civil cause, prior to said repeal. Section 12. Any person who shall violate any mandatory or prohibitory provision of this Act, or any mandatory or prohibitory provision of the regulations prescribed by the Secretary of Commerce and Communication under this Act, or any mandatory or prohibitory provision of theInternational Radio Regulations, upon conviction thereof by a court of competent jurisdiction,shall be punished by a fine of not more than three hundred pesos or by imprisonment for notmore than three months, or both, for each and every offense. Section 13. Any firm, company, corporation or association failing or refusing to observe or violating any provision of this Act, or any provision of the regulations prescribed by theSecretary of Commerce and Communication under this Act, or any provision of the InternationalRadio Regulations, shall be punished by a fine of not more than one thousand pesos for eachand every offense. Section 14. This Act shall take effect three months The Lawphil Project - Arellano Law Foundation 2/22/2010 R.A. 3846lawphil.net/…/ra_3846_1963.html 3/3  2/22/2010 R.A. 3846lawphil.net/…/ra_3846_1963.html 4/3
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