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AN ACT PROVIDING FOR THE REGULATION OF PUBLIC AND RADIO COMMUNICATIONS IN THE PHILIPPINES AND FOR OTHER PURPOSES

( Act No. 3846, as amended) SEC. 1. No person, firm, company, association or corporation shall construct, install, establish, or operate a radio transmitting station, or a radio receiving station used for commercial purposes, or a radio broadcasting station, ithout having first obtained a franchise therefor from the !ongress of the "hilippines# "rovided ho ever, $hat no franchise from the !ongress of the "hilippines shall be necessary for the construction, installation, establishment or operation of an amateur station, an e%perimental station, a training station, a station on board a mobile vessel, train, or aircraft, or a private station in a place so outlying and so remote as to afford no public communication system ith the outside station in a place so outlying and so remote as to afford no public communication system ith the outside orld& "rovided, further, $hat radio broadcasting stations established and operating at the time of the approval of this Act ithout the franchise herein re'uired shall be e%empt for obtaining such franchise. (nless other ise specified, )station* or )radio station* as used in this Act shall refer to a radio transmitting stationand its receiving e'uipment, a radio receiving station used for commercial purposes, or a radio broadcasting station. (As amended by !om. Act. No. 36+ and by !om Act No. +,-, approved .une -,, -/40). Sec. 1-A. No person, firm, company, association or corporation shall possess or o n transmitters or transceivers (combination transmitter1receiver), ithout registering the same ith the 2ecretary of "ublic 3or4s and !ommunications, nor sell or transfer the same to another ithout his prior approval, and no person, firm, company, association or corporation shall construct or manufacture, or purchase radio transmitters or transceivers ithout a permit issued by the 2ecretary of "ublic 3or4s and !ommunications. (As amended by Act No. +84, approved 2ept. -8, -/+0). SEC. 2. $he construction or installation of any station shall not be begun, unless a permit therefor has been granted by the 2ecretary of !ommerce and 5ndustry. No station shall be operated e%cept under and in accordance ith the provisions of a license issued therefor by the 2ecretary of !ommerce and 5ndustry. $he license shall state the dates bet een hich the station may be operated. 5f a rene al is desired, the licensee shall submit an application to the 2ecretary of !ommerce and 5ndustry at least t o months before the e%piration date of the license to be rene ed. $he 2ecretary of !ommerce and !ommunication shall determine the period for hich each license is issued# "rovided, that no license shall be issued for a longer period than three (3) years. SEC. 3. $he 2ecretary of "ublic 3or4s and !ommunication is hereby empo ered to regulate the construction or manufacture, possession, control, sale and transfer of radio transmitter or transceivers (combination transmitter1receiver) and the establishment, use, and operation of all radio stations and of all form of radio communications and transmissions ithin the "hilippines. 5n addition to the above, he shall have the follo ing specific po ers and duties& a) 6e shall prescribe rules and regulations covering the construction and manufacture,

possession, purchase, sale or transfer of radio transmitter, and transceivers# b) 6e shall classify radio stations and prescribe the nature of the services to be rendered by each class and by each station ithin any class# c) 6e shall assign call letters and assign fre'uencies for each station licensed by him and for each station established by virtue of a franchise granted by the !ongress of the "hilippines and specify the stations to hich each such fre'uency may be used# d) 6e shall promulgate rules and regulations to prevent and eliminate interference bet een stations and to carry out the provisions of this Act and the provisions of 5nternational 7adio 7egulations& "rovided ho ever, that changes in the fre'uencies or in the authori8ed po er, or in the character of omitted signals, or in the type of the po er supply, or in the hours of operation of any licensed station, shall not be made ithout first giving the station a hearing# e) 6e may establish areas or 8ones to be served by any station# f) 6e may promulgate rules and regulations applicable to radio stations engaging in chain broadcasting# g) 6e may promulgate rules and regulation re'uiring station s to 4eep records and traffic handled, distress fre'uency atches, programs, transmission of energy, communications or signs. h) 6e may conduct such investigations as may be necessary in connection ith radio matters and hold hearings, summon itnesses, administer oaths and compel the production of boo4s, logs, documents and papers, and he may e%amine the boo4s of persons, companies or associations engaged in the construction or manufacture of radio transmitters or transceivers, or of merchants dealing in the purchase and sale of radio e'uipment. i) 6e may prescribe rules and regulations to be observed by radio training schools# he may supervise the course and method of instruction therein, and he may refuse to admit to e%aminations for radio operators9 licenses graduates of any radio school not complying ith the regulations# :) 6e shall prescribe rates of charges to be paid to the ;overnment for the inspection of stations, for the licensing of stations, for the e%amination of operators, for the rene al of station or operator license, and for other services as may be rendered. 4) 6e is hereby empo ered to approve or disapprove any application for the construction, installation, establishment or operation of a radio station# l) 6e may approve or disapprove any application for rene al of station or operator license& "rovided ho ever, that no application for rene al shall be disapproved ithout giving the licensee a hearing# m) 6e may, at his discretion, bring criminal actions against violators of the radio la or the regulations and confiscate the radio apparatus in case of illegal operation# or simply suspend revo4e the offender<s station or operator licenses or refuse to rene such licenses# or :ust reprimand and arn the offenders# n) $he location of any station, and the po er and 4ind or type of apparatus to be used shall be sub:ect to his approval# o) 6e shall prescribe rules and regulations to be observed by stations for the handling of 2=2 messages and distress traffic& "rovided, that such rules and regulations shall not conflict ith the provisions of the 5nternational 7adio 7egulations. (As amended by 7ep. Act. No. +84, approved 2ept. -8, -/+0). SEC. 4. No radio station license shall be transferred to any person, firm, company, association or

corporation ithout e%press authority of the 2ecretary of !ommerce and !ommunications, and no license shall be granted or transferred to any person ho is not a citi8en of the (nited 2tates of America or of the "hilippine 5slands# or to any firm or company hich is not incorporated under the la s of the "hilippine or of any state or territory of the (nited 2tates of America# or to any company or corporation in hich any alien is employed as officer or director, or to any company or corporation t enty percent of hose capital stoc4 may be voted by aliens or their representatives, or by a foreign government or its representatives, or by any company, corporation, or association organi8ed under the la s of a foreign country. >>>>>>>>>>>>>>>>>>>>> Approved Nov. --, -/3?A@A!ANAN; ?AN5@A EXECUTIVE ORDER NO. 196 VESTING THE URISDICTION! CONTROL AND REGULATION OVER THE PHILIPPINE COMMUNICATIONS SATELLITE CORPORATION "ITH THE NATIONAL TELECOMMUNICATIONS COMMISSION 36A7AA2, current developments stress the need to supervise and regulate the activities of all satellite terminal stations ith satellite facilities for delivery to common carriers# and 36A7AA2, the "hilippine !ommunications 2atellite !orporation is one corporation ith such satellite facilities# N=3, $6A7AB=7A, 5, !=7AC=N !. AD(5N=, "resident of 7epublic of the "hilippines, by virtue of the po ers vested in me by the !onstitution, do hereby order& SECTION 1. $he "hilippine !ommunications 2atellite !orporation is hereby placed under the :urisdiction, control and regulation of the National $elecommunications !ommission, including all its facilities and services, and the fi%ing of rates. SECTION 2. All la s, orders, rules and regulations inconsistent ith this A%ecutive =rder are hereby repealed or modified accordingly. SECTION 3. $his A%ecutive =rder shall ta4e effect immediately. Eone in the !ity of ?anila, this -,th day of .une, in the year of =ur @ord, nineteen hundred and eighty1seven. Fy the "resident& O#ER P. ARRO$O A%ecutive 2ecretary ?alacanang

?anila EXECUTIVE ORDER NO. 2%& REGULATING THE OPERATION OF CABLE ANTENNA TELEVISION 'CATV( S$STEMS IN THE PHILIPPINES! AND FOR OTHER PURPOSES 36A7AA2, for the protection of the public and the promotion of the general elfare, the 2tate may by la regulate the operation of !able Antenna $elevision (!A$G) 2ystems# N=3, $6A7AB=7A, 5 !=7AC=N !. AD(5N=, "resident of the "hilippines, do hereby order& SECTION 1. $he operation of !able Antenna $elevision (!A$G) system in the "hilippines shall be open to all citi8ens of the "hilippines, or to corporations, cooperative or associations holly o ned and managed by such citi8ens under a !ertificate of Authority granted by the National $elecommunications !ommission, hereinafter referred to as the !ommission. SECTION 2. A !ertificate of Authority to operate !able $elevision (!A$G) system shall be granted by the !ommission a non1e%clusive basis and for a period not to e%ceed fifteen (-+) years, rene able for another similar period& "rovided $hat such certificate shall be sub:ect to the limitation that the authority to operate shall not infringe on the television and broadcast mar4ets. SECTION 3. 2ub:ect to the limitations and procedures prescribed by la , the grantee is hereby authori8ed to e%ercise the right of eminent domain for the efficient maintenance and operation of !able $elevision (!A$G) 2ystem. SECTION 4. A special right is hereby reserved to the "resident of the "hilippines, in times of ar, rebellion, public peril or other national emergency andHor hen public safety re'uires, to cause the closure of any grantee9s !able Antenna $elevision (!A$G) system or to authori8e the use of possession thereof by the government ithout compensation. SECTION &. $he grantee shall pay the income ta% levied under $itle 55 of the National 5nternal 7evenue !ode, as amended, and a franchise ta% e'uivalent to three per centum (3I) of all gross receipts from business transacted under the !ertificate of Authority. SECTION 6. $he National $elecommunications !ommission is hereby authori8ed to issue the necessary rules and regulations to implement this A%ecutive =rder. SECTION ). "residential Eecree No. -+-J dated .une --, -/,8 and all la s, orders, issuances and rules and regulations or part thereof inconsistent ith this A%ecutive =rder are hereby repealed or modified accordingly. SECTION *. $his A%ecutive =rder shall ta4e effect immediately. Eone in the !ity of ?anila, this 30th day of .une, in the year of our @ord, nineteen hundred and eighty1seven.

'SGD( CORA+ON C. A,UINO Fy the "resident O#ER P. ARRO$O A%ecutive 2ecretary

?A@A!AKAN; ?anila FL $6A "7A25EAN$ =B $6A "65@5""5NA2 EXECUTIVE ORDER NO. &46 CREATING A MINISTR$ OF PUBLIC "OR#S AND A MINISTR$ OF TRANSPORTATION AND COMMUNICATION 36A7AA2, the accelerated pace of national development re'uires the effective, purposeful and unified implementation of public or4s pro:ects and the effective control and supervision of transportation and communications facilities and services. 36A7AA2, the development, rehabilitation, improvement, construction, maintenance and repairs of ports, flood control and drainage systems, buildings, ater supply systems# and other public or4s facilities involve the utili8ation of technologies and manpo er different from those re'uired for the control and supervision of transportation and communications facilities and services# 36A7AA2, a rational distribution of the functions of government pertaining to public or4s on one hand and control and supervision of facilities and services related to transportation and communications on the other ould enhance the efficiency of government# 36A7AA2, in 4eeping ith the policy of government to effect continuing reforms in the organi8ational structure to enhance efficiency and effectiveness, it is necessary to entrust in one ministry all functions pertaining to the construction, repair and maintenance of public or4s facilities and services in the country# and 36A7AA2, under the "resident Eecree No. -4-6, the "resident is given continuing authority to reorgani8e the National ;overnment. N=3, $6A7AB=7A, 5, BA7E5NANE A. ?A7!=2, "resident of the "hilippines, by virtue of the po ers vested in me by the !onstitution, and pursuant to the authority vested in me by "residential Eecree No. -4-6, do hereby order and ordain& A. MINISTR$ OF PUBLIC "OR#S SECTION 1. C-e./012 13 . M0204/-5 13 P6780c "1-94. M $here is hereby created a ?inistry of "ublic 3or4s, hereinafter referred to as the ?inistry, hich shall assume the public or4s functions of the ?inistry of "ublic 3or4s, $ransportation and !ommunications and such other functions as may be assigned to it by la . SECTION 2. A6/:1-0/5 .2; Re4<12407080/0e4. M $he authority and responsibility for the ?inistry shall be vested in the ?inistry of "ublic 3or4s ho shall be assigned by one career

Eeputy ?inister, unless other ise determined by the "resident. SECTION 3. F62c/0124. M $he ?inistry shall be responsible for the construction, maintenance and repair of port or4s, harbor facilities, lightlhouses, navigational aids, shore protection or4s, airport buildings and associated facilities, public buildings and school buildings, monuments and other related structures, as ell as underta4ing harbor and river dredging or4s, reclamation of foreshore and s ampland areas, ater supply and flood control and drainage or4s. SECTION 4. O-=.20>./012 13 /:e M0204/-5. M $he ?inistry shall be composed of the ministry proper made up of the immediate =ffice of the ?inister, a "lanning 2ervice, an Administrative 2ervice. A Binancial and ?anagement 2ervice. An infrastructure !omputer !enter, a "ro:ect ?anagement 5nformation 2ystem 2ervice, a 7ural 5nfrastructure "ro:ect =ffice, and a Fuilding 7esearch and Eevelopment 2taff# for (4) bureaus, namely, Fureau of Fuilding, Fureau of "orts. 6arbors and 7eclamation, Fureau of 3ater 2upply, and Fureau of Blood !ontrol and Erainage# and the regional offices. $he "lanning 2ervice, the Administrative 2ervice, and the Binancial and ?anagement 2ervice shall perform functions conforming ith those provided for an appropriate provisions of "art 55 of the 5ntegrated 7eorgani8ation "lan. $he Fureau of Fuilding, the Fureau of "orts, 6arbors and 7eclamation, the Fureau of 3ater 2upply, and the Fureau of Blood !ontrol and Erainage shall correspondingly absorb the applicable functions of the divisions of the Fureau of "ublic 3or4s hich is hereby abolished pursuant to 2ection -/ of this A%ecutive =rder. $he 5nfrastructure !omputer !enter, the Fuilding 7esearch and Eevelopment 2taff, and the 7ural 5nfrastructure "ro:ect =ffice of the ?inistry of "ublic 3or4s, $ransportation and !ommunications are reconstituted in the ?inistry ith the same functions. $he ?inistry shall have regional officers in such places and of such number as may be authori8ed under Article 5, !hapter 555, "art 55 of the 5ntegrated 7eorgani8ational "lan as amended. SECTION &. Re8./0124:0< Be/?ee2 /:e M0204/-5 P-1<e-! /:e B6-e.6 .2; /:e Re=012.8 O330ce4. $he =ffice of the ?inister shall have direct line supervision over the bureaus and regional offices. $he ?inistry proper shall be responsible for developing the implementing programs for the ?inistry. $he Fureaus shall be essentially staff in character and as such, shall e%ercises only functional supervision over the regional offices. $he 7egional offices shall constitute the operating arms of the ministry proper ith responsibility for directly implementing the plans and programs of the ?inistry in accordance ith adopted policies, standards and guidelines. B. MINISTR$ OF TRANSPORATION AND COMMUNICATIONS SECTION 6. C-e./012 13 . M0204/-5 13 T-.24<1-/./012 .2; C1@@620c./0124. M $here is hereby created a ?inistry of $ransportation and !ommunications, hereinafter referred to as the ?inistry, hich shall be the "rimary policy, planning, programming, coordinating, implementing, regulating and administrative entity of the e%ecutive branch of the government in the promotion, development, and 7egulation of dependable and coordinated net or4 of transportation and communication systems in pursuance of the follo ing ob:ectives&

a. "romote the development of a dependable and coordinated net or4 of transportation systems# b. ;uide government and private investments in the development of the country<s inter1modal transport and communication systems in a most practical, e%peditious and orderly fashion for ma%imum safety, service, and cost effectiveness. c. 5mpose appropriate measures so that technical, economic and other conditions for the continuing economic viability of the transport and communications entities are not :eopardi8ed and do not encourage inefficiencies and distortion of traffic patronage# d. "rovide, e%tend and operate by itself or through or together ith other entities, private or government, local or national, telephone, telegraph, tele% and other public telecommunications services throughout the country henever economic, social and political development activities arrant the provision thereof& "rovided, ho ever, $hat the national economic viability of the entire net or4 or components thereof is maintained at reasonable rates# e. Eevelop an integrated nation ide transmission system by itself or though or together ith other entities in accordance ith national and international telecommunications service standards to meet all telecommunications service re'uirements including, among others, radio and television broadcast relaying, leased channel services and date transmission# f. Astablish, operate and maintain by itself or through or together ith other entities an international s itching system for incoming and outgoing international telecommunications services# g. Ancourage the development of a domestic telecommunications industry in coordination ith the concerned entities, particularly the manufacture of communicationsHelectronics e'uipment and components to complement and support, as much as possible, the e%pansion, development, operation and maintenance of the nation ide telecommunications, net or4# and h. "rovide for a safe, fast, reliable and efficient postal system for the country. SECTION ). A6/:1-0/5 .2; Re4<12407080/0e4. M Authority and responsibility for the ?inistry shall be vested in the ?inister of $ransportation and !ommunications ho shall be assisted by one career Eeputy ?inister, unless other ise determined by the "resident. SECTION *. F62c/0124. M $he ?inistry shall have the follo ing functions& a. !oordinate and supervise all activities of the ?inistry relative to transportation and communications& b. Bormulate and recommend national policies and guidelines for the preparation and implementation of an integrated and comprehensive transportation and communications at the national, regional and local levels# c. Astablish and administer comprehensive and integrated programs for transportation and communications, and for this purpose, may call on any agency, corporation, or organi8ation, hether government or private, hose development programs include transportation and communications as an integral part to participate and assist in the preparation and implementation of such programs# d. 7egulate henever necessary, activities relative to transportation and communications and prescribe and collect fees in the e%ercise of such po er# e. Assess, revie and provide direction to transportation and communications research and development programs of the government in coordination ith other institutions concerned# and f. "erform such other functions, as may be necessary to carry into effect the provisions oft his "residential Eecree.

SECTION 9. O-=.20>./012 13 /:e M0204/-5. M $he ?inistry shall be composed of the ministry proper made up of the immediate =ffice of the ?inister, an Administrative 2ervice, a Binancial and ?anagement 2ervice and a "lanning 2ervice# four (4) Fureaus, namely, Fureau of @and $ransportation, Fureau of Air $ransportation, Fureau of $elecommunications and Fureau of "osts# and a National telecommunications !ommission. $he Administrative 2ervice, Binancial and ?anagement 2ervice, and "lanning 2ervice shall perform functions !onforming ith those provided for in appropriate previsions of "art 55 of the 5ntegrated 7eorgani8ation "lan. $he Foard of $ransportation created under Article 555, !hapter 5, "art > of the 5ntegrated 7eorgani8ation "lan, as amended, shall be under the administrative supervision of the ?inistry and shall continue to e%ercise the po ers and functions entrusted to it by la . $he Foard shall have a technical staff. SECTION 1%. B6-e.6 13 L.2; T-.24<1-/./012. M $he @and $ransportation !ommission is hereby renamed Fureau of @and $ransportation and shall continue to perform its regulatory and enforcement functions, including d the registration of public utility vehicles and the enforcement of the decisions of the Foard of $ransportation ith regard to public utility vehicles. $he Eirector of @and $ransportation shall be an e%1officio member of the @and $ransportation Eivision of the Foard of $ransportation. SECTION II. B6-e.6 13 A0- T-.24<1-/./012. M $he !ivil Aeronautics Administration is hereby renamed Fureau of Air $ransportation and shall continue to perform its functions relating to the promotion and development of policies, plans, programs, and standards for the construction and maintenance of airports and their facilities including buildings and run ays. $he repair and maintenance of these facilities shall be the responsibility for the Fureau# "rovided, ho ever, $hat the construction of run ays and the terminal buildings and related structures hall be done by the ?inister of "ublic 3or4s or ?inistry of "ublic 6igh ays as the case may be, at the instance of the Fureau. $he Eirector of Air $ransportation shall be an e%1officio member of the !ivil Aeronautics Foard. SECTION 12. B6-e.6 13 P14/. M $he Fureau of "ost shall continue to be responsible for providing a safe, fast, reliable and efficient postal service in the country. SECTION 13. B6-e.6 13 Te8ec1@@620c./0124. M $he Fureau of $elecommunications shall continue to be responsible for providing telecommunications facilities, including telephone systems for government offices# providing communications services for purposes of augmenting limited or inade'uate e%isting similar private communications services# e%tending communications in areas here no such services are available and assisting the private sector engaged in telecommunications services by providing and maintaining bac4bone telecommunications net or4. SECTION 14. N./012.8 Te8ec1@@620c./0124 C1@@044012. M $he Foard of !ommunications created under Article 555, chapter 5, "art > of the 5ntegrated 7eorgani8ation "lan, as amended, and the $elecommunications !ontrol Fureau created under Article 5>, !hapter 5, "art > of the

same "lan, as amended, are integrated into a single entity to be 4no n as the National $elecommunications !ommission and hereinafter referred to as the !ommission. SECTION 1&. F62c/0124 13 /:e C1@@044012. M $he !ommission shall e%ercise the follo ing functions& a. 5ssue !ertificate of "ublic !onvenience for the operation of communications utilities and services, radio communications systems, ire or ireless telephone or telegraph systems, radio and television broadcasting system and other similar public utilities# b. Astablish, prescribe and regulate areas of operation of particular operators of public service communications and determine and prescribe charges or rates pertinent to the operation of such public utility facilities and services e%cept in cases here charges or rates are established by international bodies or associations of hich the "hilippines is a participating member or by bodies recogni8ed by the "hilippines ;overnment as the proper arbiter of such charges of rates# c. ;rant permits for the use of radio fre'uencies for ireless telephone and telegraph systems and radio communications systems including amateur radio stations and radio and television broadcasting systems# d. 2ub1allocate series of fre'uencies of bands allocated by the 5nternational $elecommunications (nion to the specific services. e. Astablished and prescribe rules, regulations, standards, specifications in all cases related tot he issued !ertificate of "ublic convenience and administer and enforce the same# f. !oordinate and cooperate ith government agencies and other entities concerned ith any aspect involving communications ith a vie to continuously improve the communications service in the country. g. "romulgate such rules and regulations, as public safety and interest may re'uire, to encourage a larger and more effective use of communications, radio and television broadcasting facilities, and to maintain effective competition among private entities in this activities henever the !ommission finds it reasonably feasible. h. 2upervise and inspect the operation of radio stations and telecommunications facilities# i. (nderta4e the e%amination and licensing of radio operators# :. (nderta4e, henever necessary, the registration of radio transmitters and transceivers# and 4. "erform such other functions as may be prescribed by la . SECTION 16. O-=.20>./012 13 /:e C1@@044012. M $he !ommission shall be composed of a !ommissioner and t o Eeputy !ommissioners, preferably one of hom shall be a la yer and another an economist. $he !ommissioner and Eeputy commissioners shall be of un'uestioned integrity, proven competence, and recogni8ed as e%perts in their fields, related, as much as possible, to communications. $he !ommission shall determine its organi8ation structure and personnel sub:ect to the approval of the ?inistry and other authorities concerned. $he !ommission shall be under the supervision and control of the ?inistry, e%cept that ith respect to its 'uasi1:udicial functions, its decisions shall be appealable in the same manner as the decisions of the Foard of !ommunications had been appealed. $he !ommission may have regional offices in places and of such number as may be authori8ed under Article 5, !hapter 555, "art 55 of the 5ntegrated 7eorgani8ation "lan, as amended. SECTION 1). Te8ec1@@620c./0124 S/./0124 O<e-./e; 75 /:e A-@e; F1-ce4 13 /:e P:080<<02e4. M $elecommunications stations o ned and operated by the Armed Borces of the

"hilippines shall not be sub:ect tot he provisions of this A%ecutive =rder e%cept that all such stations shall use fre'uencies as may be allo edHassigned by the !ommission. SECTION 1*. I2/e-2./012.8 T-e./0e4! C12Ae2/0124! .2; A=-ee@e2/4. M 5nternational treaties, conventions and agreements on $elecommunications to hich the "hilippine ;overnment is a signatory shall form part of this A%ecutive =rder insofar as they are applicable to the "hilippines. !. =$6A7 "7=G525=N2 SECTION 19. A71804:e;BT-.243e--e; A=e2c0e4 a. $he ?inistry proper of the ?inistry of "ublic 3or4s, $ransportation and !ommunications composed of its services, divisions and units is abolished and its functions are correspondingly transferred tot he appropriate services, divisions and units of the ?inistry of "ublic 3or4s andHor the ?inistry of $ransportation and !ommunications as may be necessary and appropriate. b. $he Fureau of "ublic 3or4s is abolished and its functions are correspondingly transferred to the appropriate bureaus, divisions, units or regional offices of the ?inistry of "ublic 3or4s# "rovided, $hat the functions of the 3ater 7esources Eivision of the Fureau of "ublic 3or4s pertaining to hydrologic surveys and data collection shall be absorbed by the National ater 7esources !ouncil. c. $he Fureau of $ransportation created under Article G5, !hapter 5, "art > of the 5ntegrated 7eorgani8ation "lan as amended but not implemented, is hereby abolished. d. $he Foard of !ommunications and the $elecommunications !ontrol Fureau are abolished and their functions are transferred to the national $elecommunications !ommission. e. $he common technical staff of the 2peciali8ed 7egulatory Foard created under Article 555, !hapter 5, "art > of the 5ntegrated 7eorgani8ation "lan, as amended, is abolished and its functions are transferred as appropriate tot he Foard of transportation and the national telecommunications !ommissions. $he foregoing transfers of functions shall be include applicable funds and appropriations, records, e'uipment, property, and such personnel as may be necessary. SECTION 2%. A//.c:e; A=e2c0e4. M (a) $he follo ing Agencies are attached to the ?inistry of "ublic 3or4s& !ommunications and Alectricity Eevelopment Authority, "hilippine "orts Authority, !entral @u8on1!agayan Galley Authority, National 5rrigation Administration, ?etropolitan 3ater or4s and 2e erage 2ystem, Barm 2ystems Eevelopment !orporations, @ocal 3ater (tilities Erainage !ouncil. $he National 3ater 7esources !ouncil and the "asig 7iver Eevelopment !ouncil shall be under the administrative supervision of the ministry. (b) $he follo ing agencies are attached to the ?inistry of transportation and !ommunications& "hilippine National 7ail ays, ?aritime 5ndustry Authority, "hilippine Aerospace Eevelopment !orporation, and ?etro ?anila transit !orporation. SECTION 21. $he ?inister of "ublic 3or4s and the ?inister of $ransportation and !ommunications shall respectively assume as appropriate the positions of !hairman or member of all bodies and agencies previously occupied in an e%1officio capacity by the ?inister of "ublic 3or4s, $ransportation and !ommunications. 5n case of conflict, ho ever, as to hich ?inister shall sit in any particular board or body, the same shall be decided by the "resident.

SECTION 22. $he ?inister of "ublic 3or4s and the ?inister of $ransportation and !ommunications shall promulgate the necessary implementing details to carry out the organi8ation of their respective ?inistries hich shall include the internal organi8ation of units involved and the corresponding initial staffing patterns therefor, as ell as such other transitory measures that need to be ta4en to assure the orderly implementation of this A%ecutive =rder, sub:ect to the approval of the ?inistry of the Fudget in consultation, henever necessary ith the "residential !ommission on 7eorgani8ation. SECTION 23. Re<e.802= C8.64e. M All la s, decrees, charters, e%ecutive orders, administrative orders, proclamations, rules and regulations or parts thereof that are in conflict ith this A%ecutive =rder are hereby repealed or modified accordingly. SECTION 24. E33ec/0A0/5. M $his A%ecutive =rder shall ta4e effect immediately. E=NA in the !ity of ?anila, this J3 day of .uly in the year of =ur @ord, Nineteen 6undred and 2eventy1Nine. (2;E) BA7E5NANE A. ?A7!=2 "resident of the "hilippines (2;E) .A!=F= !. !@AGA "residential A%ecutive Assistant

=BB5!A =B $6A "7A25EAN$ =f the "hilippines ?alacaNang PRESIDENTIAL DECREE NO. &)6 ABOLISHING THE MEDIA ADVISOR$ COUNCIL AND THE BUREAU OF STANDARDS FOR MASS MEDIA! AND AUTHORI+ING THE ORGANI+ATIONAL OF REGULATOR$ COUNCILS FOR PRINT MEDIA AND FOR BRAODCAST MEDIA. 36A7AA2, certain conditions e%isted in the country at the time of the promulgation of "roclamation No. -08- hich had, necessitated temporary government control and supervision of mass media# 36A7AA2, since the abolition of the ?ass ?edia !ouncil and the creation in its stead of the ?edia Advisory !ouncil, the various sectors of mass media have sho n capability for self1 regulation and internal discipline ithin their ran4s and have demonstrated responsibility for maintaining standards for professional conduct and e%cellence. 36A7AA2, the prevailing national situation has become appropriate for ta4ing a further step to ards removal of government participation in policy determination and ne s disseminating activities of mass media. N=3, $6A7AB=7A, 5, BA7E5NANE A. ?A7!=2, "resident, by virtue of the po ers vested in me by the !onstitution, do hereby decree& SECTION 1. 5t is hereby declared to be the policy of the 2tate to allo mass media to operate ithout government intervention or supervision in policy determination and ne s dissemination

activities. Bor the accomplishment of this purposes, the ?edia Advisory !ouncil created under "residential Eecree No. -/- and the Fureau of 2tandards for ?ass ?edia authori8ed to be created under @etter of 5mplementation No. -J dated November -, -/,J, are hereby abolished. SECTION 2. Bor purposes of this Eecree, a mass media shall be divided into t o groups& "rint ?edia and Froadcast ?edia. )"rint ?edia* includes all ne spapers, periodicals, maga8ines, :ournals, and publications and all advertising therein and billboards, neon signs and the li4e. And )Froadcast ?edia* includes radio and radio and television broadcasting in all their aspects and all other cinematographic or radio promotions and advertising. $he "rint1?edia ;roup and the Fraodcast ?edia group are hereby authori8ed to organi8e and determine the composition of a body or council ithin each group hich shall be responsible for instituting and formulating systems of self1regulation and internal discipline ithin its o n ran4s. SECTION 3. Aach regulatory council or body shall be responsible for the elevation of the ethics and the standards of e%cellence of mass media in all its phases ithin each group. $o ards this end, each council or body is hereby authori8ed to adopt policies, formulate guidelines, fi% standards and promulgation rules and regulations for the operation, and discipline of all mass media under its 2upervision and to administer and enforce the same. 2uch policies, standards, guidelines, and rules and regulations shall be in conformity ith the provisions of e%isting la s, especially those on national security. SECTION 4. No mass media activity shall be underta4en by any person or entity in the "hilippines ithout first being registered ith the regulatory council or body concerned hich shall issue certificates of registration to all applicants 'uantified under its respective rules or regulations# "rovided#, $hat each council shall have the authority to suspend or cancel such certificates of registration for such cause or causes as may be provided in the rules and the e%istence of hich each council or body shall have duly determined# "rovided, further& $hat no certificate of registration shall be granted in any manner or under any condition to any of those engaged in mass media hich ere in 2eptember -/,J, ordered closed andHor se'uestered upon promulgation of "roclamation No. -08-, by order of the "resident or the 2ecretary of National Eefense. SECTION &. All e%isting permits for the operation of mass media on the date this decree ta4es effect shall continue to be valid unless other ise suspended or ithdra n for cause by the council or body concerned. SECTION 6. All government agencies are hereby en:oined to e%tend their utmost assistance and cooperation to the councils. SECTION ). All la s, decrees, rules and regulations, or any part thereof, hich are inconsistent ith this decree are hereby repealed or modified accordingly. SECTION *. this decree shall ta4e effect immediately. Eone in the !ity of ?anila, this /th day of November, in the year of =ur @ord, nineteen hundred and seventy1four.

(2;E) BA7E5NANE A. ?A7!=2 "resident of the "hilippines ?A@A!AKAN; ?anila PRESIDENTIAL DECREE NO. &)6-A REGULATING THE O"NERSHIP AND OPERATION OF RADIO AND TELEVISION STATIONS AND FOR OTHER PURPOSES. 36A7AA2, the "resident of the "hilippines is empo ered under the !onstitution to revie and approve franchises for public utilities# 36A7AA2, it has been observed that some public utilities, especially radio and television stations, have a tendency to ard monopoly in o nership and operation to such an e%tent that a region or section of the country may be covered by any number of such broadcast stations, all or most of hich are o ned, operated or managed by one person or corporation# 36A7AA2, radio is the chief vehicle of the dissemination of information, being the source as surveys have sho n of 86 percent of all information for the public and television is becoming similarly pervasive# 36A7AA2, the deep penetration that radio and television thus ma4e into the public consciousness gives, them the responsibility of assisting the government to promote and safeguard the public elfare# 36A7AA2, on account of the limited number of fre'uencies available for broadcasting in the "hilippines, it is necessary to regulate the o nership and operation of radio and television stations and provide measures that ould enhance 'uality and viability in broadcasting and help serve the public interest# N=3, $6A7AB=7A, 5, BA7E5NANE A. ?A7!=2, "resident of the "hilippines, by virtue of the po ers vested in me by the !onstitution, do hereby order and decree& 2A!$5=N -. No radio or television channel may obtain a franchise unless it has sufficient capital on the basis of e'uity for its operation for at least one year, including purchase of e'uipment. 2A!$5=N J. Avery radio station or television channel shall allocate at least t o hours a day as a program or programs rendering public service, during such broadcast hours as are normally regarded in the industry as prime time for a particular type of program and its appropriate audience. "ublic service refers to ne s, educational, and cultural presentations and other programs informing the people of advances in science, industry, farming , and technology# of policies and important underta4ings in government designed to promote or safeguard the public elfare# of matters related to the physical, intellectual and moral development of the young# or of traditions, values and activities hich constitute the cultural heritage of the nation. 2A!$5=N 3. No person or corporation may o n, operate, or manage more than one radio or television station in one municipality or city# nor more than five A? and five B? radio station# nor more than five television channels in the entire country, and no radio or television station shall be utili8ed by any single1interest group to disseminate information or other ise influence the public or the government to serve or support the ends of such group. 2A!$5=N 4. Any person or corporation hich o ns more than the number of radio or television

stations authori8ed in the preceding section shall divest itself of the e%cess stations or channels.. any e%cess station shall be sold through the Fureau to $elecommunications. $he divestiture provided herein shall be made not later than Eecember 3-, -/8-. $hereafter, a person or corporation shall ma4e such divestiture ithin one year from the discovery of the offense. 2A!$5=N +. Bailure to divest as provided in the foregoing section shall, in addition to the penalties provided in 2ection 6, sub:ect the person or corporation guilty of such failure to cancellation of the franchise of every e%cess station and to confiscation of the station and its facilities ithout compensation. 2A!$5=N 6. All franchises, grants, licenses, permits, certificates or other forms of authority to operate radio or television broadcasting systems shall terminate on Eecember 3-, -/8-. $hereafter, irrespective of any franchise, grants, license, permit, certificate or other forms of authority to operate granted by any office, agency or person, no radio or television station shall be authori8ed to operated ithout the authority of the Foard of !ommunications and the 2ecretary of "ublic 3or4s and !ommunications or their successors ho have the right and authority to assign to 'ualified parties fre'uencies, channels or other means of identifying broadcasting systems# "rovided, ho ever, that any conflict over, or disagreement ith a decision of the aforementioned authorities may be appealed finally to the =ffice of the "resident ithin fifteen days from the date the decision is received by the party in interest. 2A!$5=N ,. Any person ho violates this Eecree shall be punishable by imprisonment for a period ranging from five months to si% years and the payment of a fine of "-,000.00 to "-0,000.00, or both such imprisonment and fine, at the discretion of the court. 5f the violation is committed by an association, partnership or corporation, the penalty shall be imposed on the officers or employees thereof ho ere responsible for or ho committed the violation. 2A!$5=N 8. $his Eecree shall ta4e effect immediately. Eone in the city of ?anila, this --th day of November, in the year of our @ord, nineteen hundred and seventy1four. Fy the "resident& .(AN !. $(GA7A ?inistry of .ustice ?anila .anuary --, -/84 ?inister .ose ". Eans, .r. =ffice of the ?inister ?inistry of $ransportation And !ummunications "hilcomcen Fldg., =rtigas Ave. "asig, ?etro ?anila 2ir& $his has reference to your re'uest for opinion on hether the present practice being follo ed in the National $elecommunications !ommission (N$!), hereby the !ommissioner ma4es the decisions for the !ommission, is )legally sanctioned*. Lou posed the 'uery of the procedure in the N$! hereby the decisions of the !ommission are actually being made by the !hairman alone, hich procedure, you find, practically renders the deputy commissioner )non1 participative* in the tas4 of decision1ma4ing, and prevents the !ommission from acting in a

collegiate capacity as intended by the la creating said body. Lou attribute the present situation to the fact that the N$!, hich is supposed to be a three1man body, is actually composed of t o members only (the commissioner and one Eeputy !ommissioner), and to 2ection -6 of A%ecutive =rder No. +46 creating the N$!, hich provides for t o )deputies* to the !ommissioner, a term hich suggests subordinate positions and hich in your opinion, is apparently in conflict ith the collegial nature of the !ommission. $he 'uery is ans ered affirmatively. $he term )collegial* means )mar4ed by po er or authority vested e'ually in each of a number or colleagues* (3ebster<s $hird Ne 5nternational Eictionary, -/84 Adition). $he e%ample of such a collegial body is the 2upreme !ourt of the "hilippines hereby the decisions of the members thereof either en banc or in division are reached in consultation ith each other as provided for by the !onstitution. 5t is incumbent therefore upon said !ourt as a body to pass upon all cases before it in order to reach a decision hich is considered the decisions of the !ourt itself and not only of a member or some members thereof (Bernando on the "hilippine !onstitution, 2econd Adition -/,,, pp. 38-138J). 5t is believed, ho ever, that the pertinent la does not coordinate the N$! into a collegial body. A%ecutive =rder No. +46 hich integrated the Foard of !ommunications and the $elecommunications !ontrol bureau into a single entity M the N$!, provides& )2ection -6. =rgani8ation of the !ommission M $he !ommission shall be composed of a !ommissioner and t o Eeputy !ommissioner, preferably one of hom shall be a la yer and another an economist. $he commissioner and the Eeputy !ommissioner shall be of un'uestioned integrity, proven competence and recogni8ed as e%perts in their fields, related as much as possible, to communications. %%%.* $he afore'uoted provision of 2ection -6 does not sho that the intent of the la is to constitute the N$! into a collegial body. Neither can the collegial nature of the !ommission be inferred form said 2ection -6 hich merely provides for the organi8ation of the !ommission and the 'ualifications of the members thereof, and does not state that it should act as a body or en banc, as you pointed out, the use of the term )deputy* denotes a subordinates position, unli4e an )associate* hich implies a co1e'ual or :oint sharing of po er and authority. 5n vie of the foregoing, e find no legal ob:ection to the present procedure being practiced in the N$!. Gery truly yours, 75!A7E= !. "(N= ?inister of .ustice

7epubli4a ng "ilipinas OA;A3A7AN N; OA$A7(N;AN Eepartment of .ustice ?anila .une J0, -//?s. .osefina $. @ichauco Acting !ommissioner National $elecommunications !ommission 86+ Gibal Fldg. AE2A !or. $imes 2t.

Due8on !ity ?adam& $his refers to your re'uest for opinion on the po er of the National $elecommunications !ommission (N$!) to issue permits to radio and $G broadcast stations ith no legislative franchise. Lou state that since -/3-, Act No. 3846, as amended, other ise 4no n as )An Act "roviding for the 7egulation of "ublic and 7adio !ommunications in the "hilippines*, as the controlling la on radio and $G operation# that pursuant to said la , no person, firm, company association or corporation may construct, install or operate a radio broadcasting station ithout having first obtained a franchise therefor from the !ongress of the "hilippines# that upon declaration of martial la , a number of decrees, instructions and marginal notes (instructions) ere issued hich made the po er of N$! comple% and confusing# that among these issuances is ".E. No. +,61A (-/,4) hich terminated all franchises, permits and all other forms of authori8ation to operate radio and television broadcasting systems effective Eecember 3-, -/8and gave N$! a braod and encompassing authority to issue such authori8ations# the under 2ection -+(a) and (c) of A%ecutive =rder No. +46,(-/,/), N$! as empo ered to issue certificate of public convenience for the operation of radio and television broadcasting system# and to grant permits for the use of radio fre'uencies for radio and television broadcasting system# the since !ongress has not to date repealed ".E. No. +,61A and A.=. No. +46 nor has granted any franchise to any person or entity, N$! continues to issue andHor rene permits pursuant to said ".E. No. +,61A and A.=. No. +46 to avoid a vacuum, for continuity of service and in the interest of public elfare# that doubts have, ho ever, been e%pressed on N$!<s po er to issue permits andHor authori8ations in the absence of a legislative franchise to predicate its grants in vie of the follo ing provisions of the -/8, !onstitution& 2ection --, Article >55 hich provides M )No franchise, certificate or any other form of authori8ation for the operation of a public utility shall be granted e%cept to citi8ens of the "hilippines or to corporations or associations organi8ed under the la s of the "hilippines at least 60 per centum of, hose capital is o ned by such citi8ens % % % %*. 2ection --, Article >G5 hich provides M )$he o nership and management of a mass media shall be limited to citi8ens of the "hilippines or to corporations, cooperatives or associations, holly o ned and managed by such citi8ens. )$he !ongress shall regulate or prohibit monopolies in commercial mass media hen the public interest so re'uires. No combination in restraint of trade or unfair combination therein shall be allo ed*. Lou aver that by reason of these constitutional provisions, one school or thought claims that N$! may not grant any permit or authority to radio and $G broadcast operators ithout valid franchises because even assuming that ".E. No. +,61A had repealed Act No. 3846, the -/8, !onstitution hich re'uires a prior franchise had also repealed ".E. No. +,61A. =n the other hand, another school of thought holds other ise and this, you state, N$! upholds. Lou believe that the !onstitution merely imposes a nationality re'uirement for the operation of public utilities but does not re'uire a legislative franchise in the manner that it is e%pressly mandated in 2ection - of Act No. 3846. And since Act No. 3846 has been modified by ".E. No. +,61A hich terminated all broadcast franchises and gave N$! authority to issue permits by hich radio and $G broadcast may operate, there is no doubt that N$! is authori8ed to issue permits based on ".E. No. +,61A and A.=. No. +46. As e see it, the pivotal issue to be resolved is hether or not under ".E. No. +,61A and A.=. No. +46, N$! may issue permits or authori8ations to operate radio and television broadcasting

systems ithout need of a prior franchise as re'uired under 2ection - of Act No. 3846, as amended. As No. 3846, as amended provides& 2ection -. No person, firm, company, association or corporation shall construct, install, establish, or operate a radio transmitting station, or a radio receiving station used for commercial purposes, or a radio broadcasting station, ithout having first obtained a franchise therefor from the !ongress of the "hilippines& % % % (Amphasis supplied) 2ection J. $he construction or installation of any station shall not be begun, unless a permit therefor has been granted by the 2ecretary of !ommerce and 5ndustry. No station shall be operated e%cept under and in accordance ith the provisions of a license issued therefor by the 2ecretary of !ommerce and 5ndustry. % % % ) (Amphasis supplied) $he pertinent provisions of ".E. No. +,61A read& 2A!$5=N -. No radio or television channel may obtain a franchise unless it has sufficient capital on the basis of e'uity for its operation for at least one year, including purchase of e'uipment.* (Amphasis supplied) 2A!$5=N 6. All franchises, grants, licenses, permits, certificates or other forms of authority to operate radio or television broadcasting systems shall terminate on Eecember 3-, -/8-. $hereafter, irrespective of any franchise, grants, license, permit, certificate or other forms of authority to operate granted by any office, agency or person, no radio or television station shall be authori8ed to operated ithout the authority of the Foard of !ommunications and the 2ecretary of "ublic 3or4s and !ommunications or their successors ho have the right and authority to assign to 'ualified parties fre'uencies, channels or other means of identifying broadcasting systems# "rovided, ho ever, that any conflict over, or disagreement ith a decision of the aforementioned authorities may be appealed finally to the =ffice of the "resident ithin fifteen days from the date the decision is received by the party in interest. @i4e ise, the pertinent provisions of A.=. No. +46 provide& )2ection -+. Bunctions of the !ommission. M $he !ommission shall e%ercise the follo ing functions& a. 5ssue !ertificate of "ublic !onvenience for the operation of communications utilities and services, radio communications systems, ire or ireless telephone or telegraph systems, radio and televisions broadcasting system and other similar public utilities# % % % % b. ;rand permits for the use of radio fre'uencies for ireless telephone and telegraph systems and radio communications systems including amateur radio stations and radio and television broadcasting systems# 3e believe that under ".E. No. +,61A dated November --, -/,4 and prior to the issuance of A.=. No. +46 dated .uly J3, -/,/, the N$! then Foard of communications, had no authority to issue permits or authori8ations to operate radio and televisions broadcasting systems ithout a franchise first being obtained pursuant to 2ection - of Act no. 3846, as amended. A close reading of the provisions of 2ections - and 6 of ".E. No. +,61A, supra, does not reveal any indication of a legislative intent to do a ay ith the franchising re'uirement under 2ection o- of Act No. 3846. 5n fact, a mere reading of 2ection - ould readily indicate that a franchise as necessary for the operation of radio and television broadcasting system as it e%pressly provided that no such franchise may be obtained unless the radio station or television channel has )sufficient capital on the basis of e'uity for its operation for at least one year, including purchase of e'uipment*. 5t is believed that the termination of all franchises granted for the operation of radio and television broadcasting systems effective Eecember 3-, -/8- and the vesting of the po er to authori8e the operation of any radio or television station upon the Foard of !ommunications and

the 2ecretary of "ublic 3or4s and !ommunications and their successors under section 6 of ".E. No. +,61A does not necessarily imply the abrogation of the re'uirement of obtaining a franchise under 2ection - of Act No. 3846, as amended, in the absence of a clear provision in ".E. No. +,61A providing to this effect. 5t should be noted that under Act No. 3846, as amended, a person, firm or entity desiring to operate a radio broadcasting station must obtain the follo ing& (a) a franchise from !ongress (2ec. -)# (b) a permit to construct or install a station form the 2ecretary of !ommence and 5ndustry (2ec1 J)# and ( c) a license to operate the station also from the 2ecretary of !ommerce and industry (id.) $he franchise is the privilege granted by the 2tate through its legislative body and is sub:ect to regulation by the 2tate itself by virtue of its* police po er through its administrative agencies (7!"5 vs. N$!# -+0 2!7A 4+0). )$he permit and license are the administrative authori8ation issued by the administrative agency in the e%ercise of regulation. 5t is clear that hat as transferred to the Foard of !ommunications and the 2ecretary of !ommerce and 5ndustry under 2ection 6 of ".E. No. +,61A as merely the regulatory po ers vested solely in the 2ecretary of !ommerce and 5ndustry under H2ection J of Act No. 3846, as amended. $he franchising authority as retained by the then incumbent "resident as repository of legislative po er under ?artial @a , as is clearly indicated in the first 36A7AA2 clause of ".E. No. +,61 A, to it& )36A7AA2, the "resident of the "hilippines is empo ered under the !onstitution to revie and approve franchises for public utilities#* =f course, under the !onstitution, said po er (the po er to revie and approve franchises), belongs to the la ma4ing body (2ec. +, Art. >5G, -/,3 !onstitution# 2ec. --, Art >55, -/8, !onstitution). $he corollary 'uestion to be resolved is& 6as A.=. No. +46 ( hich is a la issued pursuant to ".E. No. -4-6, as amended by ".E. No. -,,- granting the then "resident continuing authority to reorgani8e the administrative structure of the national government) modified the franchising and licensing arrangement for radio and television broadcasting systems under ".E. No. +,61AP 3e believe so. A.=. No. +46 integrated the Foard of !ommunications and the $elecommunications Fureau into a single entity 4no n as the N$! (see 2ec. -4), and vested the ne body ith broad po ers, among them, the po er to issue !ertificates of "ublic !onvenience for the operation of communications utilities, including radio and television broadcasting systems and the po er to grant permits for the use of radio fre'uencies (2ec. -+QaR and QcR, supra). Additionally, N$! as vested ith broad rule1ma4ing authority )to encourage a larger and more effective use of communications, radio and television broadcasting facilities, and to maintain effective competition among private entities in these activities henever the !ommission finds it reasonably feasible* (2ec. -+QfR). 5n the recent case of Albany vs. 7eyes (-,+ 2!7A J64), the 2upreme !ourt held that )franchises issued by !ongress are not re'uired before each and every public utility may operate*. Administrative agencies may be empo ered by la )to grant licenses for or to authori8e the operation of certain public utilities*. $he 2upreme !ourt stated that the provision in the !onstitution (Article >55, 2ection 55) )that the issuance of a franchise, certificate or other form of authori8ation for the operation of a public utility shall be sub:ect to amendment, alteration or repeal by !ongress, does not necessarily imply . . . that only congress has the po er to grant such authori8ation. =ur statute boo4s are replete it la s granting specified agencies in the A%ecutive Franch the po er to issue such authori8ation for certain classes of public utilities*. 3e believe the A.=. No. +46 is one la hich authori8es an

administrative agency, the N$!, to issue authori8ations for the operation of radio and television broadcasting systems ithout need of a prior franchise issued by !ongress. Fased on all the foregoing, e hold the vie that N$! is empo ered under A.=. No. +46 to issue authori8ations and permits to operate radio and television broadcasting systems. Gery truly yours, (25;NAE) B7ANO@5N ?. E75@=N 2ecretary

NTC MEMORANDUM CIRCULAR N1. )-13-9% S67Cec/D R68e4 .2; Re=68./0124 G1Ae-202= /:e I2/e-c122ec/012 13 L1c.8 Te8e<:12e EEc:.2=e4 .2; P6780c C.8802= O330ce4! ?0/: /:e N./012?0;e Te8ec1@@620c./0124 Ne/?1-9B4! /:e S:.-02= 13 ReAe26e ;e-0Ae; /:e-e3-1@! .2; 31- 1/:e- <6-<14e4. "ursuant to the po ers vested upon the National $elecommunications !ommission (N$!) to encourage a larger and effective use of communications facilities and in line ith the 2tate9s program to pursue and foster in an orderly and vigorous manner, the interconnection of all municipalities in the country, the follo ing rules and regulations on the interconnection of telephone e%changes ith the nation ide telecommunication net or4Hs, including the sharing of revenue derived therefrom are hereby promulgated for the information, guidance and compliance of all concerned. 2ection -. Eefinition of $erms a) 5nter1connecting company (5!!) 1 A local e%change operator duly enfranchised and certificatedHcertified by the N$! or a government entity technically and financially capable to install, operate and maintain telephone systems in designated service areas. b) 5nterconnection 1 Bor the purpose of this !ircular, interconnection shall refer to a situation here an inter1connecting company is interconnected to the nation ide telecommunications net or4Hs. c) "ublic !alling =ffice 1 a $elecommunications facility at hich the public may, by the payment of appropriate fees, place as ell as receive long distance telephone calls andHor be capable of voice and data transmission. d) National $elecommunications Eevelopment "lan 1 A ?aster "lan hich includes all plans related to the overall development of telecommunications facilities and services of both government and enfranchised telecommunications net or4 operators, $he "lan shall include, among others, the follo ing& -) Eevelopment "riorities J) 2ystem Eevelopment "lan 3) Numbering "lan 4) $ransmission "lan +) 2ignaling 6) 2 itching and 7outing ,) 2ynchroni8ation 8) !harging (rates and tariff) 2ection J. 5nterconnection J.- 5nterconnection of local e%changes andHor the public calling offices ith the nation ide telecommunications net or4Hs shall conform ith the ?aster Eevelopment "lan.

J.J Anfranchised and certificatedHcertified local e%changes, "!=9s, and government1o n systems shall comply ith 2pectrum ?anagement, $echnical 2tandards and Bundamental $echnical "lans promulgated by the !ommission. $hese 2tandards shall include but not limited to the follo ing& -. $ransmission, routing, s itching, signaling, numbering, charging and synchroni8ation J. 7adio e'uipments 3. 2ervice performance standards 4. !ustomer premises e'uipment +. =utside plant 6. Bre'uency ?anagement, including planning, engineering and assignment J.3 =perators hether private or government of e%isting local e%changes or "!=9s hich do not meet interconnect standards shall be re'uired to provide interface e'uipment and devices in coordination ith the intere%change or transmission net or4 operatorHs. J.4 $run4ing re'uirements ill be based on best estimates for ne local e%changes and on periodic acceptable traffic studies from e%isting local e%changes. $hese studies shall be conducted :ointly by the operators of local e%changes and the intere%change or transmission net or4Hs and submitted to the !ommission. J.+ 5nterconnecting parties shall share the cost of interconnection in accordance ith their respective responsibilities# maintain and operate their facilities# and comply ith their obligations as agreed upon and approved by the !ommission or as prescribed by the !ommission. J.6 A $raffic Agreement format shall be prescribed by the !ommission ta4ing into consideration submitted recommendations. 2ection 3. 7evenue 2haring 3.- $raffic settlement agreements shall be based upon & (-) a recovery of toll1related costs and a fair return on the investment of both companies in the facilities used in ma4ing the toll calls e%changed bet een the systems and (J) a subsidy to local e%change providers. 3.J (ntil modified by the N$!, the share of each operator shall be in accordance ith the =rder of this !ommission in !ase No. 881-4+ issued on April -/, -//0. 3.3 $he !ommission shall prescribeHapprove an Amended 5nterconnection and $oll 7evenue 2haring Agreement, ta4ing into consideration and submitted documents from interconnecting parties in compliance ith the =rder in !ase No, 881-4+ and other relevant recommendations. 3.4 2hares on revenue shall be settled ithin ninety (/0) days from receipt of settlement statements. 4. $he interconnect and revenue sharing Agreements approved or prescribed by the !ommission may be revo4ed, revised, or amended as the !ommission deems fit in the interest of public service. Any ?emorandum, !ircular, rules and regulations of the !ommission inconsistent ith the provisions of this !ircular are hereby deemed revised, revo4ed, or amended. $his !ircular shall ta4e effect immediately. Due8on !ity, "hilippines, -J .uly -//0 (2gd) .=2AB5NA $. @5!6A(!= Acting !ommissioner (2gd) B@=7AN$5N= @. A?"5@ Eeputy !ommissioner

(2gd) B5EA@= D. E(?@A= Eeputy !ommissioner

13 Fe7-6.-5 199% NTC MEMORANDUM CIRCULAR N1. 2-4-9% S67Cec/D G60;e802e4 12 R.;01-F-eF6e2c5 A440=2@e2/ "ursuant to the provisions of Act No. 3846 as amended, A%ecutive =rder No. +46, and the e%isting 5nternational 7adio 7egulations and for purposes of optimum radio fre'uency use and its efficient management, the follo ing guidelines on radio fre'uency assignment are hereby prescribed& -. Availability of radio fre'uency shall first be ensured before a user is permitted to purchase. $he "ermit to "urchase issued by the !ommission shall include a provisional "ermit to "ossess valid for forty1five (4+) days on non1e%tendable basis. 2aid permits shall be declared nun S void and the proposed fre'uency (ies) recalled, unless permitted is able to submit a formal application for either issuance of !onstruction "ermit hen re'uired or the issuance of a 7adio station license ithin the above forty five (4+) days. J. 2trict !ompliance ith accepted spectrum planning principles and licensing conditions through proper spectrum engineering standards shall be observed. 3. =nly type approvedHaccepted e'uipment by the !ommission shall be authori8ed to private net or4s to operate in the (6BHG6B narro band. 4. All fre'uency assignments shall be on basis of shared usage unless other ise authori8ed by the !ommission. +. Bre'uency plans shall be adopted using standardi8ed channel separation and channel spacing. 6. 7adio fre'uency channels shall be assigned to minimi8e interference due to intermodulation products. ,. $o define the areaHdistance coverage, radio station shall only be authori8ed a ma%imum effective radiated po er andHor allo able antenna height. $652 !57!(@A7 26A@@ $AOA ABBA!$ 5??AE5A$A@L ANE ANL =$6A7 !57!(@A72 5N!=N252$AN$ 6A7A$= A7A EAA?AE A?ANEAE =7 2("A72AEAE A!!=7E5N;@L. (2gd) .=2AB5NA $. @5!6A(!= Acting !ommissioner (2gd) B@=7AN$5N= @. A?"5@ Eeputy !ommissioner (2gd) A@=L25(2 7. 2AN$=2 Eeputy !ommissioner 16 A6=64/ 1991 NTC OFFICE ORDER 19-*-91 S67Cec/D Dece2/-.80>./012 13 D1@e4/0c M.-0/0@e L0ce2402= F62c/0124 13 /:e S.3e/5 G S<ec0.8 R.;01 Se-A0ce4 D0A04012 5n the interest of the service and in order to further streamline the !ommission<s process, the follo ing licensing functions of the safety and 2pecial 7adio 2ervices Eivision are hereby

decentrali8ed& -. 5ssuance of "ermit to "ossess ?aritime 7adio $ransmitter(s)H$ransceiver(s) intended for vessels in the domestic trade. J. 5ssuance of Ne 2hip 7adio 2tation @icense of 7adio stations on board all types of vessels plying domestic routes. 3. All types of modification of particulars of 2hip 7adio 2tation @icenses (Eomestic). Bor the implementation of this =rder, the 7egional =ffices are hereby authori8ed to accept and process applications of applicants hose business addresses andHor vessel<s home ports are ithin their respective :urisdictions. 5f the applicant<s business address andHor home port is far from the 7egional =ffice concerned, the 2hip 7adio 2tation @icense may be applied for and accepted by the nearest N$! 7egional =ffice. $he herein guidelines are hereby promulgated& -. @ist of basic re'uirements for ne station license& 1 Application for "ermit to "urchaseH"ossess 7adio $ransmitter(s) $ransceivers(s). 1 Application for Ne 2hip 7adio 2tation @icense. 1 Authenticated !opy of !ertificate of "hilippine 7egistry. 1 !opy of !ertificate of = nership. 1 !opy of Galid 7adio =perator<s !ertificate of Amployment. J. $he proposed marine G6BH22F radiotelephone e'uipment shall be type approvedHaccepted by the N$!. $his re'uirement, ho ever, does not apply to radio communications facilities originally installed on board vessels ac'uiredHchartered form abroad. 3. An inspection of the radio facilities on board the vessel should be conducted prior to the issuance of ne 2hip 2tation @icense. An inspection should also be conducted hen a modifications involving a change of the vessel<s radio e'uipment is to be effected prior to the issuance of a modified station license. 6o ever, if inspection of radio facilities on board the vessel could not be effected in the earliest possible time and the delay of the issuance and approval of the radio station license ill be pre:udicial to the operation of the said vessel, it is discretionary to the 7egional Eirector to approved the 7adio 2tation @icense ithout the inspection sub:ect, ho ever, to the inspection of the sub:ect vessel on a later date. $he issued 7adio 2tation @icense, in this case, cannot be rene ed any further ithout the re'uired inspection being conducted on the sub:ect vessel ithin the validity period of the license. 4. Aach 7egional =ffices ill be allotted a series of !all 2igns ill be authori8ed to ma4e assignments accordingly. 3hen the allotted series of call signs has been e%hausted, corresponding re'uest for another set should be made ith the !entral =ffice. +. ?onthly reports together ith copies of the issued licenses and permits shall be submitted to the 77@E and 7ecords 2ection immediately after each month. $he 7egional =ffices shall be guided by pertinent provisions of e%isting radio la s and regulations and are therefore empo ered to implement the same relative to the e%ecution of the above functions. All 7egional Eirectors concerned are hereby en:oined to effectively implement this =rder. Any order, circular, instruction, memorandum or any part thereof inconsistent here ith are deemed amended andHor superseded accordingly. $his order ta4es effect immediately. (2;E) .=2AB5NA $. @5!6A(!= Acting !ommissioner

NTC Me@1-.2;6@ C0-c68.- N1. 1%-*-91 S67Cec/D C-0/e-0. 31- /:e G-.2/ 13 C1@@e-c0.8 R.;01 S/./012 L0ce24e4 5n accordance ith Act 38146 as amended and to conserve and effectively manage the radio fre'uency spectrum hich is a limited national resource, the follo ing guidelines shall be observed in the evaluation of applications for authority to establish, operate and maintain a private commercial radio communications net or4& -.0 "riority 2ervicesHActivities =nly private commercial radio communications net or4 intended for use in con:unction ith the follo ing servicesHactivities shall be allo ed& a. Agriculture, food production and food processing, animal farms, poultry farms, a'uaculture, fishing, fruit plantations, canneries and activities related thereto. b. @ogging, mining, forestry, oil e%ploration and ore prospecting and similar activities. c. "ublic (tilities such as po er generation and distribution gas, ater and ater utilities and maintenance of public utility facilities including public telecommunications facilities (common carrier). d. @and $ransportation such as ta%is, buses, truc4s, rail ay services, freight for arding and transport services specifically for highly perishable items such as food and agricultural andHor a'uatic products and including transport services for ha8ardous chemicals. e. "ublic 2afety particularly, emergency services (fire, police, paramedic teams, and hospital ambulances) and including hospitals and clinics and the 7ed !ross, security agencies including armored car security services. f. "ress and ?ass ?edia both broadcast and print media. g. Fan4ing and financial institutions and real estate development. h. !onstruction companies andHor contractors involved in the provision of electrical, plumbing, telecommunications, electronics and industrial or4s. i. 5ndustries and business concerns ith operations. :. 5ndustries and business concerns ith operations outside the main urban centers and the operations of hich promote employment and countryside development provided ho ever, that the private radio net or4s ill only be allo ed ithin the areas of operations in the remote areas and to and from the remote areas of operation and the central andHor regional offices. 4. 7eligious organi8ations, charitable institutions as ell as civic action organi8ations particularly those involved in missions in remote areas and in the provinces provided that such radio net or4 shall only be limited to provide service ithin their respective remote areas of operation and to and from the remote areas of operation and the main andHor regional offices. J.0 ;eneral Dualifications Applicants for private radio communications net or4s must be& a. Bilipino or in the case of a company or corporation such must be either -00I Bilipino or ith at least 60I Bilipino shareholders and 40I foreign shareholders. b. A legitimate business concern in any one of the activities andHor services specified in -.0 above, as evidenced by the appropriate business licenses, certificates of business registration in the 2ecurities and A%change !ommission andHor the Fureau of Eomestic $rade. 3.0 $echnicalH"ersonnel 7e'uirements a. =nly duty type1approvedHaccepted e'uipment shall be allo ed for use in any private radio communications net or4 hich may be authori8ed by the !ommission in accordance ith the criteria andHor conditions specified in these guidelines. b. "rivate radio communications net or4s shall be established in accordance ith sound

engineering practice and in accordance ith the operational parameters including the mode of operation ( hether simple% or duple%) as determined by the !ommission9s Bre'uency ?anagement Eivision. c. All Bi%edHFase stations shall be operated by at least a Jnd !lass 7adio $elephone =perator. Bor private radio communications net or4s ith si% (6) or more Bi%edHFase 2tations, the supervision of a duly licensed Alectronics and !ommunications Angineer shall be re'uired in accordance ith E.=. No. 88. Any provisions of e%isting rules and regulations in conflict here ith are hereby deemed revo4ed. $he !ommission may revise, amend or revo4e this !ircular or impose additional re'uirements as the need arises in the interest of public service. $his circular ta4es effect immediately. (2;E) .=2AB5NA $. @5!6A(!= Acting !ommissioner, N$!

16 A6=64/ 1991 NTC MEMORANUDM CIRCULAR N1. 11-*-91 S67Cec/D I@<8e@e2/./012 13 /:e Dec040124 13 /:e "1-8; A;@0204/-./0Ae R.;01 C123e-e2ce 31- /:e M1708e Se-A0ce4! Ge2eA.! 19*) '"ARC-MOB-*)(! C12ce-202= /:e M.-0/0@e M1708e Se-A0ce 02 /:e HF B.2; "ursuant to the provisions of Act 3846 as amended, the Binal Acts of 3A7!1?=F18, and 5B7F circular letter 830, the revision of the 7adio 7egulations hich adopts the ne channeling arrangement relating to the fre'uency band 4000 to J,+00 Oh8. as contained in Article 60 and Appendices -6, 34 and 3+ of the aforementioned 3A7! documents shall be implemented on .uly -//- for the follo ing applications ithin the ?aritime ?obile 2ervices& a. !alling and or4ing fre'uencies of ship stations for A-A ?orse telegraphy. b. 7adiotelephony calling fre'uencies assigned to private coastal and ship stations. c. 7adiotelephony fre'uencies assigned for distress and safety traffic. d. Bre'uencies assigned to private coastal and ship stations for simple% radiotelephony. 5n vie thereof, a revised fre'uency plan ill be effected to all "hilippine1registered ships (both international and domestic) and all private domestic coast stations. !oncerned parties ill be notified accordingly. All previous orders, circulars or memoranda hich are inconsistent here ith are hereby superseded. $his circular ta4es effect immediately. (2;E) .=2AB5NA $75N5EAE1@5!6A(!= Acting !ommissioner NTC MEMORANDUM CIRCULAR N1. 2-%&-** SUB ECTD RULES AND REGULATIONS GOVERNING THE MANUFACTURE!AC,UISITION !SALE AND SERVICE OF RADIOCOMMUNICATION E,UIPMENT "ursuant to the provisions of the 7adio !ontrol @a ,Act.No.3846,as amended, and A%ecutive

=rder No.+46,dated J3 .uly -/,/, the follo ing rules and regulations governing the manufacture, ac'uisition, servicing and sale of radio transmitters and transceivers in the "hilippines are hereby promulgated& 1.% - PURPOSE 1.1 $o update e%isting rules and regulations governing the manufacture, ac'uisition, sales and service of radio transmitters and transceivers and the establishments of 7adio communication A'uipment 2ervice 1.2 $o enable the National $elecommunications !ommission to monitor and control effectively the servicing, manufacture, ac'uisition, sale and other transactions involving transmitters and transceivers in the public interest. 2.% - DEFINITION OF TERMS USED 2.1 RADIO TRANSMITTER OR TRANSMITTER 1 A device capable of emitting radio fre'uency aves or energy intended for transmission of signals, messages or intelligence. 2.2 TRANCEIVERS 1 An inherent combination of a radio transmitter . 2.3 DEALER 1 A person or entity in the buying and selling of transmitter andHor transceivers, including parts and accessories thereof. 2.4 MANUFACTURER 1 A person or entity engaged in the manufacture of transmitter andHor transceivers, including parts and accessories thereof. 2.& SERVICE CENTER OPERATOR 1 A person or entity engaged in the repair, service maintenance of transmitter, transceivers and other radio communication e'uipment. 2.6 RADIO COMMUNICATION E,UIPMENT DEALER PERMIT 'REDP( 1 A permit issued by the !ommission authori8ing the holder thereof to engage to the ac'uisition, servicing, maintenance, purchase or sale of transmitters andHor transceivers, parts and accessories thereof. 2.) RADIO COMMUNICATION E,UIPMENT MANUFACTURER PERMIT'REMP( 1 A permit issued by the !ommission authori8ing the holder thereof to manufacture and Hor assemble transmitters and transceivers including, but not valid for solely the manufacturer of parts and accessories thereof and other radio station components. 2.* RADIO COMMUNICATION E,UIPMENT SERVICE CENTER PERMIT'RESCP( 1 A permit issued by the !ommission authori8ing the holder thereof to repair or service transmitters andHor transceivers and maintain radio communication e'uipment and accessories. 2.9 PERMIT TO SELL 1 A permit issued by the !ommission authori8ing the holder thereof to sell specific transmitterHs or transceiverHs to a holder of a permit to "urchase or to a holder of a 7AE". 2.1% PERMIT TO PURCHASE 1 A permit issued by the !ommission authori8ing the holder thereof to purchase specific transmitterHs or transceiverHs from a holder of a "ermit to 2ell or an 7AE". 2.11 PERMIT TO PROCESS 1 A permit issued by the !ommission authori8ing the holder thereof to process transmitterHs or transceiverHs as described therein. 3.% - OPERATING GUIDELINES FOR AUTHORI+ED RADIOCOMMUNICATION E,UIPMENT DEALERS! MANUFACTURERS AND SERVICE CENTER OPERATORS 3.1 "ermittees shall, in the conduct of their respective activities in the ac'uisition , repair, sale, service, promotion or mar4eting of transmitters or transceivers, strictly comply ith the provisions of this !ircular and other e%isting radio la s, rules, and regulations. 3.2 ?anufactures shall ta4e an active role in the research and Eevelopment of modern and reliable radio communication e'uipment.

3.3 $he service, repair and maintenance of radio communication A'uipment shall be done in such a manner that there shall be neither degradation of nor deviation from their normal operation. 4.% - CATEGORIES OF RADIO COMMUNICATION E,UIPMENT DEALERS AND MANUFACTURERS 7adio !ommunication Eealers and ?anufacturers shall be !ategori8ed in accordance ith the criteria based on capitali8ation, technical capability and area of speciali8ation to be recommended by their accredited associations for approval of the !ommission. &.% - APPLICATIONS AND PERMITS &.1 Pe-@0/ -eF60-e; 1 7adio !ommunication A'uipment Eealers, ?anufacturers and 2ervice !enter =perators shall secure appropriate permits from the !ommission before carrying out their respective activities. &.2 F0802= 13 A<<80c./012 1 $he application for the permit shall be filed together ith re'uired supporting documents specified in the application form, ith the !ommission. &.3 Ge2e-.8 ,6.8030c./012 13 A<<80c.2/4 $he applicant must be& &.3.1 Bilipino citi8enHs, f a single proprietor or partnership or 5ncorporated under e%isting la s of the "hilippines, in the case of corporations and associations# &.3.2 7egistered ith the Fureau of Eomestic $rade or ith the 2ecurities and A%change !ommission in the case of firms, companies or associations# &.3.3 A holder of a other valid permits or licenses re'uired by other concerned government agencies allo ing such applicant to engage either in radio communication e'uipment dealership, manufacturing andHor assembling or servicing# and &.3.4 $echnically and financially capable of operating ithin the scope of authority of the permit being applied for. &.4 C12;0/0124 /1 /:e G-.2/ 13 /:e Pe-@0/ 1 A 7adio !ommunication A'uipment Eealer "ermit, 7adio !ommunication A'uipment ?anufacturer "ermit or 7adio !ommunication A'uipment 2ervice !enter "ermit may be granted to an applicant ho& &.4.1 5s 'ualified under the "rovisions of +.3 of this !ircular# &.4.2 6e has paid the re'uired fees# and &.4.3 6as no pending case ith the !ommission involving violation of radio rules and regulations. &.4 Pe-01; 13 V.80;0/5 All "ermits issued to 7adio !ommunication A'uipment Eealers, ?anufacturers or 2ervice !enter =perators shall be effective for a"eriod of one year from their respective dates of issues. &.& Sc1<e 13 A6/:1-0/5 &.6.1 $he holder of a valid 7AE" is authori8ed to engage in the purchase and the sale of legally ac'uired radio communication e'uipment and repair, service and maintain such e'uipment# participate in public bidding or trade e%hibitions for the promotion of radio communication products# engage in the design or installation of radio communication systems or net or4s# and conduct product demonstrations, provided ho ever, that a valid transmitterHtransceivers demonstration permit thereof is ac'uired before conducting a product demonstration involving test transmissions. &.6.2 A holder of a valid 7A?" is authori8ed only to manufacture or assemble radio communication e'uipment that ere type approved by the !ommission. &.6.3 A holder of a valid 7A2!" is authori8ed only to 7epair, tune, calibrate andHor maintain radio communication e'uipment that are duly registered ith the !ommission.

&.) A<<80c./012 31- Re2e?.8 13 Pe-@0/4 M $he application for the rene al of 7A?", 7AE" or 7A2" shall be submitted to the !ommission at least si%ty (60) days before its date of e%piration, provided ho ever, that in the case of Eealers, the applicant must have been submitting a regular 'uarterly reports of reports of sales and stoc4 to the !ommission. &.* I446.2ce 13 . D6<80c./e 31- L14/ Pe-@0/ M An application for a duplicate of a "ermit hich has been lost, ?utilated or destroyed should be submitted as soon as possible to the office of issued together ith a statement attesting to the facts related thereto. $he original of the lost permit, if found, shall be surrendered to the !ommission immediately. &.9 Fee4 $he fees to be charged for the issuance of an 7AE" , 7A?", or 7A2" shall be prescribed by the !ommission under a separate ?emorandum !ircular covering all other fees and charges hich ?ay be updated from time to time. 6.% - BASIC DIAGNOSTICBTEST E,UIPMENTS AND MEASURING INSTRUMENTS RE,UIRED 6.1 Bor 7adio !ommunication A'uipment Eealers or 2ervice !enters 1 7eflectometer, ith ranges covering 6B to (6B Fands 1 Bre'uency !ounter, 67 to (6B Fands 1 7B "o er ?eter 1 G$G? or digital ?ultimeter 1 7B and AB 2ignal ;enerator capable of emitting 0.- uG to + volts across all fre'uency ranges 1 =scilloscope ith 7B probes 1 Eummy loads ith ranges across encountered transmitter po er outputs 1 7B carrier deviation meterH7B modulation meter 6.2 Bor ?anufacturers 1 7eflectometer ith ranges covering 6B to (6B bands 1 Golt1=hm1?illiameter or multimeter capable of measuring voltage, resistance and current ranges encountered in the testing of radio communication e'uipment. 1 Bre'uency !ounter, 67 to (6B bands 1 7B po er meter 1 7B and AB signal generators capable of emitting 0.- uG to + volts across all fre'uency bands 1 7B carrier deviation meterH7B modulation meter E! microHmultimeter 1 Eistortion analy8er 1 =scilloscope ith 7B probes 1 Eummy antenna loads ith appropriate po er ranges 1 2pectrum Analy8er, at least -0 468 to -.8 ;68 fre'uency range 1 25NAE meter ).% GENERAL PROVISIONS ).1 No person or entity ithout a valid permit to sell, purchase, possess or sell issued by the !ommission shall purchase, ac'uire or sell radio transmitterHs andHor transceiverHs. ).2 An 7AE" shall be issued by the !ommission only to a 'ualified person =r entity ho is engaged primarily in the business of selling andHor ac'uiring radio communication e'uipment, but not limited o purchase, indenting, trading, bartering or bidding. ).3 An authori8ed dealer shall sell or lease only transmitters andHor transceivers hich are type approved by and duly registered ith the !ommission.

).4 No dealer shall 4eep on stoc4 for any person or entity any transceiver andHor transmitter or radio communication e'uipment hich ere illegally ac'uired or not registered ith the !ommission. ).& No person or entity ho are not holders of valid "ermit to "ossess or 7AE" issued by the !ommission, shall advertise or cause to advertise in any form of media, such as ne spapers, maga8ines, manuals, radio, television or signboards any information leading to the supply or sale of any transmitter or transceiver. ).6 No dealer shall sell transmitters andHor transceivers to any person or Antity ho is not a holder of a valid "ermit to "urchase or 7AE" issued by the !ommission. 7adio !ommunication e'uipment purchased by the ?ilitary, are ho ever, e%empted from this provision provided that such purchase from the authori8ed dealers concerned are reflected in their respective periodic sales report to the !ommission. ).) An authori8ed dealer shall 4eep on stoc4 at all times for t o years at least one set of critical replacement and spare parts for each type, model and ma4e of transmitter or transmitter sold. ).* "rior clearance or permit from the !ommission is re'uired before transmitters andHor transceivers may be ac'uired from sources other than authori8ed 7adio !ommunication A'uipment Eealers. ).9 A letter of authori8ation from the !ommission is re'uired before parts and components for repair, construction or manufacture of type approved radio e'uipment may be imported. ).1% No person or entity shall engage commercially in the construction, ?anufacture, sale or purchase of radio transmitters or transceivers or repair of the same ithout a corresponding valid permit issues by the !ommission. ).11 An authori8ed 7adio !ommunication A'uipment ?anufacturer shall provide ade'uate production and 'uality control facilities and shall adhere strictly to the standards of good engineering practice in the manufacture or assembly of radio transmitter and transceivers and other related e'uipment. ).12 All e%isting repair and service centers or shops engaged in the servicing, modification and maintenance of transmitters or transceivers, shall register ith the !ommission and obtain the necessary permit to operate said shops or service centers ithin -80 days after promulgation of the rules and regulations under this !ircular. ).13 5t is strictly prohibited for any person to perform circuit modification of Any registered or type approved transceiver ithout a valid modification permit issued therefor by the !ommission. ).14 $he business and location of authori8ed 7adiocommunication Eealers, ?anufacturers or 2ervice !enters shall be properly identified as such by posting conspicously at the entrance of their respective premises sign boards of at least +0 % -00 cm. dimension indicating clearly the registered business name of the establishment, the 4ind of services offered, the name of the permittee, and business address. ).1& All authori8ed 7adio !ommunication A'uipment Eealers, ?anufacturers, or 2ervice !enters shall strictly honor any guarantee or arranty declared or issued to the customer in relation to the nature of service rendered or 'uality of e'uipment sold. ).16 $he !ommission shall allo only the importation of transmitter(s)Htransceivers of models and 4inds not manufactured or assembled in the "hilippines or, of any type of radio e'uipments already available locally, Fut does not reasonably satisfy specifications re'uired by the end1 users. *.% - LICENSE RE,UIRED FOR PERSONNEL

*.1 "ersonnel ho are directly in charge of actual test, modification, repair, !alibration andHor tuning of radio transmitters andHor transceivers must be holders of valid Birst !lass 7adiotelephone or 7adiotelegraph !ommercial 7adio =perator9s !ertificate. *.2 "ersonnel employed by 7adiocommunication A'uipment Eealers, ?anufacturers or 2ervice !enters, hose duties and responsibilities are ;overned by 2ection 3 and 4 of Eepartment =rder No.88, dated Eecember J8, -/,J, must be duly registered Alectronics and !ommunication Angineers. 9.% - RE,UIRED REPORTS 9.1 S/1c9 .2; S.8e4 Re<1-/4 An authori8ed 7adio !ommunication A'uipment Eealer or ?anufacturer shall submit to the !ommission 'uarterly stoc4 and sales reports on prescribed forms not later than seven days after the end of each 'uarter. 9.2 C12;e@2e; EF60<@e2/ $ransmitters and transceivers hich are not in or4ing conditions, has become obsolete or unserviceable hile in stoc4 and no longer intended to be sold, rebuilt, repaired or reconditioned shall be declared condemned and manifested as such by the "ermittee in the 'uarterly report to the !ommission. 1%.% - SERIAL NUMBERS RE,UIRED 1%.1 Authori8ed 7adio !ommunication A'uipment Eealers and ?anufacturers shall at all times up1date their records of available stoc4s according to their models, ma4e and serial numbers. 1%.2 Floc4s of serial numbers for current and future stoc4s shall be allocated to 7adio !ommunication A'uipment ?anufacturers upon re'uest. $he serial numbers assigned to each unit must be etched or engraved in the name plate of each e'uipment bearing its type, ma4e, and model and also in the main chassis or frame. 1%.3 No serial number shall be removed, changed or altered ithout prior Authority from the !ommission. 1%.4 $ransmitter or transceivers ithout serial numbers or ith tampered serial Numbers are sub:ect to confiscation by the !ommission and the person or entity possessing such transmitter(s) or transceiver(s) shall prosecuted accordingly. 11.% - RE,UIREMENTS FOR THE PREVENTION OF INTERFERENCE All tests, calibration, and tuning of transmitters or transceivers ith rated po er output -+0 atts or more shall be conducted ith the use of dummy load antenna inside 7B radiation proof cubicle. $ests, calibration and tuning of transmitters or transceivers ith rated po er output of less than -+0 atts may be done using only a dummy load antenna. 12.% - GROUNDS FOR SUSPENSION OR REVOCATION OF PERMITS Any permit issued under these 7egulations may be revo4ed, cancelled or suspended for any of the follo ing& 12.1 Giolations of any provisions of this !ircular or any provision of the 7adio !ontrol @a , Act 3846, as amended or other relevant international la s, rules and regulations affecting the operation of permittee# 12.2 Balse statement in the application for "ermit or in any report re'uired under this !ommission# 12.3 "urchase, sale, servicing and transactions involving illegally ac'uired radio transmitters andHor transceivers# and 12.3 Bailure to comply ith any of the conditions or particulars specified in the "ermit. 13.% - PROCEDURE FOR THE SUSPENSION OR REVOCATION OF PERMITS

$he !ommission may suspend, cancel or revo4e the permit of any authori8eddealer, manufacturer or radio communication servicing center found to have violated any provision of the !ircular# provide, ho ever, that no order of suspension, revocation or cancellation of the permit shall ta4e place ithout ritten notice from the !ommission stating the cause for such action, served to the responded. $he order of suspension, revocation or cancellation of the permit shall ta4e effect fifteen (-+) days from receipt of the notice by the respondent. 3ithin the fifteen (-+) days period from receipt of the notice, respondent may file a ritten petition for the hearing of said =rder to the !ommission. 5n the event that the respondent fails to file the ritten petition for hearing ithin this prescribed period, the =rder shall become final and e%ecutory. 14.% - REPEALING CLAUSE $he provisions of this !ircular supersede all provisions of any ?emorandum !ircular and other rules and regulations inconsistent here ith. 1&.% - EFFECTIVIT$ CLAUSE $his !ircular shall ta4e effect thirty (30) days after its publication in Accordance ith la . Due8on !ity, "hilippines (2gd.) .=2A @(52 A. A@!(AC !ommissioner Approved& (2gd) 7A5NA75= =. 7ALA2 2ecretary, Eepartment of $ransportation and !ommunication

14! A6=64/ 1991 NTC Me@1-.2;6@ C0-c68.- N1. 9-*-91 Se-0e4 1991 S67Cec/D G60;e802e4 02 /:e S.8e! P6-c:.4e .2; I@<1-/./012 13 V.-0164 R.;01 C1@@620c./012 EF60<@e2/ I2/e2;e; 31- U4e 02 P-0A./e .2; G1Ae-2@e2/-O?2e; R.;01 C1@@620c./0124 Ne/?1-94 "ursuant to Act 3846 as amended the follo ing guidelines governing the sale, purchase and importation of various radio communications e'uipment intended for use in private and governmento ned radio communications net or4s are hereby promulgated& 1. I@<1-/./012 13 R.;01 C1@@620c./0124 EF60<@e2/ -. Any and all importation of various radio communications e'uipment particularly radio transceivers, andHor transmitters be covered by an appropriate "ermit to 5mport issued by this !ommission. J. A "ermit to 5mport valid for a period of ninety (/0) days from the date of issuance thereof shall be issued by the !ommission only under the follo ing circumstances& a. $o duly accredited radio e'uipment manufactures and dealers ith valid 7adio Eealers and ?anufacturer<s "ermit intending to import $L"A1A!!A"$AE ANEH=7 A""7=GAE radio communications e'uipment and their accessories and spare parts as part of their respective stoc4s. b. $o duly accredited radio e'uipment manufacturers and dealers ith valid 7adio Eealers and ?anufacture<s "ermit intending to import radio communications e'uipment B=7 "(7"=2A2 =B $L"A A""7=GA@ ANEH=7 A!!A"$AN!A, provided such "ermit to 5mport is issued for

not more than five (+) sample units hich are sub:ect to re1e%port should such radio communications e'uipment fail type approval andHor acceptance evaluations conducted by this !ommission. c. $o duly authori8ed andHor corporation ho have been authori8ed by this !ommission to install, operate and maintain their respective radio communications net or4. 5n this case, the "ermit to "urchase shall serve as the "ermit to 5mport and radio communications e'uipment to be purchased must be a previously $L"A A""7=GAE ANEH=7 A!!A"$AE model. 26=(@E 7AE5= !=??(N5!A$5=N2 AD(5"?AN$ "7=!(7AE N=$ FA =B A "7AG5=(2@L $L"A1A""7=GAE ANEH=7 A!!A"$AE ?=EA@, 2(!6 (N5$ 26A@@ FA 7A1 A>"=7$AE $= 5$2 !=(N$7L =B =75;5N 35$6=($ $6A FANAB5$ =B (NEA7;=5N; $L"A A""7=GA@ ANEH=7 A!!A"$AN!A "7=!AE(7A2 !=NE(!$AE FL $652 !=??5225=N. 3. ;rantees of "ermits to 5mport shall only radio communications e'uipment, spare parts andHor accessories as contained in the "ermit to 5mport and only in the 'uantities as authori8ed by this !ommission. 4. ;rantees of "ermits to 5mport shall present evidences of ta% payments and corresponding customs duties of all items imported under such "ermit to 5mport issued by this !ommission. +. 7adio e'uipment dealers and manufacturer<s must reflect the radio communications e'uipment andHor accessories imported in their regular 2ales and 2toc4 7eports submitted to this !ommission for the ne%t reporting period covering the actual date of import. 6. All radio communications e'uipment, spare parts andHor accessories covered by a "ermit to 5mport shall be sub:ect to the inspection of the !ommission<s authori8ed representative at the port of entry. II. S.8e 13 R.;01 C1@@620c./0124 EF60<@e2/ -. $he sale of radio communications e'uipment shall only be done by a duly accredited radio e'uipment dealer andHor manufacturer ith a valid 7adio A'uipment Eealers andHor ?anufacturer<s "ermit or by an individual, entry or corporation ith a valid "ermit to 2ell issued by this !ommission. J. the sale of radio communications e'uipment to any individual, entity or corporation hether government or private, ithout a valid "ermit to "urchase issued by this !ommission is strictly prohibited. 3. $he sale, tendering or offering in a bid of radio communications e'uipment not previously type approved andHor accepted or hose characteristics do not conform to the authori8ed operating parameters particularly but not limited to the fre'uecyHies, rated po er output, band idth and emission authori8ed by this !ommission is strictly prohibited. 5n no case shall the !ommission entertain any re'uest for change of authori8ed operating parameters for reasons of incompatibility of the specifications of radio e'uipment sold relative to !ommission authori8ed operating parameters or standards. 4. 5n the case of accredited radio e'uipment dealers, it is strictly prohibited to sell radio communications e'uipment that are not properly reflected in their current sales and stoc4 reports provided that in cases hen the re'uired radio communications e'uipment have to be ordered from an overseas source (importation), such radio e'uipment and its sale shall be reflected in the subse'uent 2ales and 2toc4 7eport hich shall be submitted in the ne%t reporting period covering the date of such import. III. P6-c:.4e 13 R.;01 C1@@620c./0124 EF60<@e2/

-. $he purchase of any radio communications e'uipment by any entity, or corporation hether private or government ithout a valid "ermit to "urchase issued by this !ommission is strictly prohibited. $he "ermit to "urchase shall be valid for a period of one1hundred eighty (-80) days and may be e%tended provided ade'uate proof (such as a valid "urchase =rder) that corresponding orders for the re'uired radio communications e'uipment have been made ithin the validity period of the "ermit to "urchase. 5n case no valid proof that orders for the re'uired radio communications e'uipment have been made ithin the validity period of the "ermit to "urchase can be presented tot he !ommission, a ne "ermit to "urchase can be issued upon receipt of a formal re'uest for a re1issuance of the "ermit. 5n no case, ho ever, shall a "ermit to "urchase be e%tended nor re1issued ithout reconfirmation of fre'uency availability and the payment of the regular permit fees. J. $he purchase of radio communications e'uipment by any entity, corporation hether private or government form a source other than an accredited radio communications e'uipment dealer or manufacturer ith a valid 7adio A'uipment Eealer<s or ?anufacturer<s "ermit or an entity or corporation hether private or government ith a valid "ermit to 2ell is strictly prohibited. 5n cases hen the radio communications e'uipment is ac'uired from a foreign source such purchase must be duly covered by a valid "ermit to 5mport or its e'uivalent. 5n addition, appropriate evidence of ta% payments and payments of customs, duties andHor proof of ta% determents as may be authori8ed by the Fureau of !ustoms, relative to the importation of such radio communications e'uipment must be submitted to this commission. 3. $he purchase of radio communications e'uipment not previously type approved andHor accepted or hose characteristics do not conform to the authori8ed operating parameters particularly but not limited to the fre'uencyHies, rated po er output, band idth and emission authori8ed by this !ommission is strictly prohibited. 5n no case shall the commission entertain any re'uest for change of authori8e operating parameters for reasons of incompatibility of the specifications of radio e'uipment bought relative to !ommission authori8ed operating parameters or standards. $his ?emorandum !ircular ta4es effect immediately and amends any other rules and regulations inconsistent hereto. Any violations of the provisions of this ?emorandum !ircular and other pertinent radio rules and regulation shall be death ith accordingly. (2;E) .=2AB5NA $. @5!6A(!= !ommissioner

MEMORANDUM OF AGREEMENT 3hereas, the Eepartment of $ransportation and !ommunications and the National $elecommunications !ommission are the duly constituted government instrumentalist tas4ed to formulate and implement policies, plans, programs, rules and regulations hich ould enhance and accelerate the development of telecommunications and broadcast facilities, systems and services throughout the country. 3hereas, the Oapisanan ng mga Froad4aster sa "ilipinas is a non1stoc4, non1profit private organi8ation of broadcast media o ners and practitioners in the "hilippines, bound by the common ob:ective of e%cellence through professionalism among the members under the principle of selfregulation, as recogni8ed by the 2tate& 3hereas, the parties,

in entering into this ?emorandum of Agreement, are motivated by their fervent desire to give meaning and purpose to the provisions of the -/8, !onstitution, as it declares that )the state shall encourage non1governmental, community1based or sectoral organi8ations that promote the elfare of the nation* and ac4no ledges. )the right of the people and their organi8ations to effective and reasonable participation at all levels of social, political and economic decision1 ma4ing*. No , therefore, by these present, the Eepartment of $ransportation and !ommunications, the National $elecommunications !ommission, and the Oapisanan ng mga Frod4aster sa "ilipinas hereby agree, as follo s& A. Adherence to the principle of self1regulation in the broadcast media& -. $he E=$! and the N$! do hereby recogni8e the self1regulatory principle of the OF" to police its members on matters relating to the enforcement of broadcast rules and regulations, including the OF" radio and television codes. J. All complaints against any OF" member directly filed before the E=$! or the OF", E=$!, and N$! and hich are ithin the :urisdiction of N$!, shall be immediately remanded to the N$! for consideration and ad:udication. 3. F. Applications for the issuance of ne or rene al of e%isting !"!N<s permits and other authori8ations& -. $he OF" shall be duly informed by the N$! of applications for the issuance of ne or the rene al of the e%isting !ertificates of "ublic !onvenience and Necessity# permits to possess and ac'uire radio andHor television e'uipment# and permits to operate radioHtelevision stations filed before the N$! by any person homsoever, by serving upon the OF" a copy of such application or applications. J. $he N$! shall ta4e into consideration, OF" comments and recommendations ith respect to the technical feasibility, economic viability, and programming of applicants for ne radio andHor television permits andHor any other broadcast authori8ations. 3. $he N$!, in the matter of granting permits and other authori8ations, shall consider, hen arranted, the )prior operator rule.* 4. 5n areas here in the N$! has not yet established and fully operationali8ed its regional and provincial field offices, the OF" chapters in said areas may be re'uested by the N$!, through the OF" National =ffice, to ascertain and attest to the veracity of the various data presented relevant to the processing by the N$! National =ffice of applications for rene al of radio and television permits. (pon submission of all re'uirements, those applications hich have undergone such a process maybe be e%tended rene al permits for three years. !. Eialogue and consultations& -. $he E=$! andHor the N$!, in the formulation, adoption and implementation of its policies, plan, programs, rules and regulations, shall observe the process of continuing dialogues and consultations ith the OF" on matters affecting the broadcast industry. 2igned in Due8on !ity, ?etro ?anila, this TTTTTTTT day of TTTTTTTT -//-. (2gd) ANE7A 2. OA6N "resident Oapisanan Ng ?ga Frod4aster sa "ilipinas (2gd) ?A75AN= A. FANAE5!$= 55 !ommissioner

National $elecommunications !ommission Attested& (2gd) ?5;(A@ !. AN75D(AC Foard !hairman Oapisanan Ng ?ga Frod4aster sa "ilipinas Attested& (2gd) B5EA@= E(?@A= Eeputy !ommissioner National $elecommunications !ommission Attested& N5!=?AEA2 "A$A "7AE= 2ecretary Eepartment of $ransportation and !ommunication Attested& (2gd) .=2AB5NA $75N5EAE1@5!6A(!= (ndersecretary for !ommunications Eepartment of $ransportation and !ommunications MEMORANDUM CIRCULAR N1. 9-14-9% S67Cec/D I@@e;0./e S67@044012 13 S6<<1-/02= Le=.8! Tec:20c.8! F02.2c0.8 .2; Ec121@0c.8 D1c6@e2/./012 02 A25 Pe/0/012 31- P-1A04012.8 A6/:1-0>./0124 ABBA!$5GA $652 EA$A, and as part of the !ommission9s drive to streamline and fast trac4 action on applicationsHpetitions for !"!N or other forms of authori8ations, the !ommission shall be evaluating applicationsHpetitions for immediate issuance of provisional authori8ations, pending hearing and final determination of an application on its merit. Bor this purpose, its is hereby directed that all applicantsHpetitioners see4ing for provisional authori8ations shall submit immediately to the !ommission, either together ith their application or in a ?otion all their

legal, technical, financial, economic documentation in support of their prayer for provisional authori8ations for evaluation. =n the basis of their completeness and their having complied ith re'uirements, the !ommission shall be issuing provisional authori8ations. $hese support documents shall be submitted in t o (J) sets, one of hich shall be attached to the record of the case and the other set referred to the !ommon !arrier Authori8ation Eept. or the Froadcast Eept. as the case may be. A%cept in cases here 'uestions of la and policy issues are involved, the !ommission shall act on these applications as e%pediently as possible, streamlining the hearings, and hen arranted, issue the provisional authori8ations, under stringent conditions of technical standards shall be upgraded to conform to these technical standards ithin a reasonable period. $hese fundamental technical plans (standards) may be revised and updated to conform to recent developments in electronics and telecommunications technology. $his ?emorandum !ircular ta4es effect immediately. Due8on !ity, "hilippines. (2igned) .osefina $. @ichauco, !ommissioner

MEMORANDUM CIRCULAR N1. 6-3-91 S67Cec/D P-1ce;6-e 02 /:e S67@044012 13 C1@<80.2ce ?0/: 6-04;0c/012.8 ReF60-e@e2/4 03 P6780c./012 .2; N1/0ce /1 A33ec/e; P.-/0e4 5n order to facilitate the speedy disposition of cases and to avoid the oral and lengthy presentation of compliance ith :urisdictional re'uirement of notice, it is hereby directed that henceforth, counsel for applicantsHpetitioners submit in riting, at the initial hearing their compliance, attaching there ith their evidence, hether full or partial, methodically arranged and duly mar4ed, for e%aminationHinspection of other parties present, ho may ob:ectHagree to the same& and thereafter, for the appropriate ruling by the !ommission. 7egistry receipts andHor return cards must already be duly pasted and arranged in legal si8e bond paper to avoid their being misplaced or lost. Bailure to comply ith the above, especially here there are a number of affected parties, shall be sub:ect to the sound discretion of the !ommission ho may postpone or defer hearing until compliance is effected. 5t is directed that this !ircular be posted in the !ommission9s 5nformation Foard (3rd Bloor) for the guidance of counsel andHor applicantsHpetitioners. $his !ircular ta4es effect immediately. Due8on !ity, "hilippines, ?arch -+, -//-. (2;E) .=2AB5NA $. @5!6A(!= Acting !ommissioner cc. $he 2ecretariat $he @egal Eepartment All "racticing @a yer of the !ommission

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