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  • Radio Communications of The Phil V NTC GR No L-68729

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    Abigail Crisostomo
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    The National Telecommunications Commission (NTC) ordered Radio Communications of the Philippines, Inc. (Radio Comm) to cease operations in Catarman, Samar and Sorsogon because it did not have the required certificate of public convenience and necessity. Radio Comm argued that its legislative franchise exempted it from this requirement. However, the court ruled that under Presidential Decree No. 1, radio companies were now required to obtain certificates from the NTC, even if they held legislative franchises. The exemption previously enjoyed by radio companies with franchises no longer applied due to the changes made by PD No. 1. Therefore, Radio Comm was required to secure the certificate before continuing its operations.

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    RADIO COMMUNICATIONS OF THE PHIL V NTC GR NO L-68729

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    The National Telecommunications Commission (NTC) ordered Radio Communications of the Philippines, Inc. (Radio Comm) to cease operations in Catarman, Samar and Sorsogon because it did not have the required certificate of public convenience and necessity. Radio Comm argued that its legislative franchise exempted it from this requirement. However, the court ruled that under Presidential Decree No. 1, radio companies were now required to obtain certificates from the NTC, even if they held legislative franchises. The exemption previously enjoyed by radio companies with franchises no longer applied due to the changes made by PD No. 1. Therefore, Radio Comm was required to secure the certificate before continuing its operations.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    34 views1 page

    Radio Communications of The Phil V NTC GR No L-68729

    Uploaded by

    Abigail Crisostomo
    The National Telecommunications Commission (NTC) ordered Radio Communications of the Philippines, Inc. (Radio Comm) to cease operations in Catarman, Samar and Sorsogon because it did not have the required certificate of public convenience and necessity. Radio Comm argued that its legislative franchise exempted it from this requirement. However, the court ruled that under Presidential Decree No. 1, radio companies were now required to obtain certificates from the NTC, even if they held legislative franchises. The exemption previously enjoyed by radio companies with franchises no longer applied due to the changes made by PD No. 1. Therefore, Radio Comm was required to secure the certificate before continuing its operations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    G.R. No.

    L-68729 May 29, 1987


    RADIO COMMUNICATIONS OF THE PHILIPPINES, INC., petitioner,
    vs.
    NATIONAL TELECOMMUNICATIONS COMMISSION and KAYUMANGGI
    RADIO NETWORK INCORPORATED, respondents.

    Facts:
    In December 14, 1983 Kayumanggi Radio Network Incorporated filed a complaint
    with NTC alleging that Radio Comm was operating in Catarman without certificate of
    public convenience and necessity. Radio Communications of the Philippines, Inc.
    counter-alleged that its telephone services in the areas are covered by the legislative
    franchise recognized by NTC and its predecessor Public Service Commission.

    After conducting hearing, NTC ordered Radio Communications of the Philippines,


    Inc to immediately cease from operating in Catarman, Samar and Sorsogon. Stating
    that EO 546 a certificate of public convenience and necessity is mandatory for the
    operation of communication utilities and services including radio communications.

    Radio Communications of the Philippines, Inc then filed a motion for reconsideration
    which was denied. Petitioner seeks the reversal of the decision of NTC which ordered
    them to stop from operating its radio telephone services in Catarman, Samar and
    Sorsogon.

    Issue:
    Whether or not Radio Communications of the Philippines, Inc a grantee of legislative
    franchise to operate a radio company is required to secure a certificate of public
    convenience and necessity before it can operate.

    Ruling:
    Yes. Radio Communications of the Philippines, Inc. is required to secure a certificate
    of public convenience and necessity before it can operate. Under PD No. 1- the Public
    Service Commission was abolished and its functions were transferred to three
    specialized regulatory boards, as follows: the Board of Transportation, the Board of
    Communications and the Board of Power and Waterworks. The functions so
    transferred were still subject to the limitations provided in sections 14 and 15 of the
    Public Service Law, as amended.

    The new provision states that the exemption enjoyed by radio companies no longer
    exists because of the changes. And the argument of the petitioner that the franchise
    has been operating for a long time already cannot be sustained.

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