Republic of the Philippines

 NATIONAL TELECOMMUNICATIONS COMMISSION

Quezon City

NATIONAL TELECOMMUNICATIONS
COMMISSION (NTC),
Complainant,

-     versus     -
NTC Adm. Case No.
2021-030

COLORVIEW CATV INC.

Respondent.
x------------------------------------------------------x

DECISION

On 21 January 2021, the National Telecommunications

Commission (NTC) issued a Show Cause Order against the
Respondent COLORVIEW CATV INC., for violation of
paragraph 1 of NTC Memorandum Circular Nos. 01-01-2014
“GUIDELINES FOR INTERNET SERVICE PROVIDERS IN THE
IMPLEMENTATION OF REPUBLIC ACT 9775 (ANTI-CHILD
PORNOGRAPHY ACT OF 2009)”.

The Respondent was given ten (10) days from receipt of the
Show Cause Order to explain in writing why it should not be held
administratively liable and to appear before this Commission on
16 February 2021.
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ADM. CASE NO. 2021-030
NTC VS. COLORVIEW CATV, INC.
DECISION
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For failure to appear on the scheduled hearing, and to file its

Answer within the prescribed period, Respondent is deemed to
have waived its right to be heard and this Commission is therefore
constrained to decide this matter based on the law and evidence as
warranted.

Relevant to this case is Paragraph 4, Section 9 of Republic

Act. No. 9775 (Anti-Child Pornography Act of 2009) which
provides that:

“ All ISPs shall install available technology, program, or

software to ensure that all access to or transmittal of any
form of child pornography will be blocked or filtered”

Memorandum Circular No. 01-01-2014 “GUIDELINES FOR

INTERNET SERVICE PROVIDERS IN THE IMPLEMENTATION
OF REPUBLIC ACT 9775 (ANTI-CHILD PORNOGRAPHY ACT OF
2009)” also provides that:

“1. All Internet Service Providers (ISPs) shall install

available technology, program or software that will block
access or filter all websites carrying child pornography
materials within one hundred twenty (120) days from the
submission of the list of carrier grade technology, program or
software solutions by the ISPs to the Inter-Agency Council
Against Child Pornography (IACACP) xxxx”.

Based on the records of the Commission, the Respondent was

issued with Value Added Services (VAS) License on 24 February
2019. Considering that the Respondent failed to file an Answer
and to show proof of its compliance to the above-stated
Memorandum Circular, this undoubtedly show that the
Respondent up to this date has not installed available technology,
program or software that will block access or filter all websites
carrying child pornography materials.
 Page 3 of 5
ADM. CASE NO. 2021-030
NTC VS. COLORVIEW CATV, INC.
DECISION
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NTC MC No. 01-01-2014 was promulgated on 30 January 2014

while NTC MC No. 03-07-2015 re: Addendum on the Guidelines
for Internet Service Providers in the Implementation of Republic
Act. No. 9775 (Anti-Child Pornography Act of 2009) was
promulgated on 14 July 2015,which provided the guidelines and
standard criteria for the selection and installation of available
technology, program or software that will block access or filter all
websites carrying child pornography materials. This MC took
effect on 31 July 2015. Hence, compliance to MC 01-01-2014 and
consequently to MC 03-07-2015 shall be counted from 31 July 2015.
However, since the Respondent’s VAS License was only issued on
24 February 2019, the obligation of the Respondent to comply with
the MC 01-01-2014 commenced only on the date of the issuance of
its VAS License.

For violating the said Memorandum, the Respondent is

thereby subject to a fine of not exceeding Two Hundred Pesos
(PhP200) per day for every day during such default or violation
continues, in accordance with Sec. 21 of Commonwealth Act No.
146, otherwise known as the Public Service Act Law, which
provides, that:

“Section 21. Every public service violating or

failing to comply with the terms and conditions
of any certificate or any orders, decisions or
regulations of the Commission shall be
subject to a fine of not exceeding two hundred
pesos per day for every day during which such
default or violation continues; and the
Commission is hereby authorized and
empowered to impose such fine, after due notice
and hearing. 

The fines so imposed shall be paid to the

Government of the Philippines through the
Commission, and failure to pay the fine in any
case within the same specified in the order or
decision of the Commission shall be deemed
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ADM. CASE NO. 2021-030
NTC VS. COLORVIEW CATV, INC.
DECISION
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good and sufficient reason for the suspension of

the certificate of said public service until
payment shall be made. Payment may also be
enforced by appropriate action brought in a court
of competent jurisdiction. The remedy provided
in this section shall not be a bar to, or affect any
other remedy provided in this Act but shall be
cumulative and additional to such remedy or
remedies.”

WHEREFORE, for violating NTC MC No. 01-01-2014, the

Respondent is liable for payment of fine in the amount of Two
Hundred Pesos (PhP200.00) per day, from 24 February 2017, or
ONE HUNDRED SEVEN THOUSAND AND FOUR HUNDRED
PESOS (PHP 107,400.00) ONLY as of 13 April 2021 and shall
continue to accrue until full compliance with the foregoing NTC
Memorandum Circular.

Respondent is also directed to strictly comply with NTC MC

No. 01-01-2014 and shall immediately install carrier grade
available technology, program or software that will block access
or filter all websites carrying child pornography materials,
within three (3) months from receipt of this Decision.

SO ORDERED.

Quezon City, Philippines.

GAMALIEL A. CORDOBA
Commissioner
 Page 5 of 5
ADM. CASE NO. 2021-030
NTC VS. COLORVIEW CATV, INC.
DECISION
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EDGARDO V. CABARIOS DELILAH F. DELES

Deputy Commissioner Deputy Commissioner

LJAD/EBBL

COPY FURNISHED:

Respondent, COLORVIEW CATV, INC.

Room 201, Centrum II Bldg., 150
Valero St., Salcedo Village, Makati City

c/o MR. FRANCISCO D. MAGSAYSAY

President