REPUBLIC OF THE PHILIPPINES

NATIONAL TELECOMMUNICATIONS COMMISSION

Quezon City

NATIONAL TELECOMMUNICATIONS
COMMISSION (NTC),
Complainant,

-versus- ADM CASE NO.

2004-027

MANILA BROADCASTING
COMPANY/ALFONSO T. ROJAS, JR.
Respo
ndent.

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DECISION

Based on the Inspection Report dated 12 February 2004 submitted by

the NTC Regional Office No. II to the Broadcast Service Division,
Respondent MANILA BROADCASTING COMPANY was issued a Show
Cause Order directing it to appear on 16 September 2004 and to explain in
writing why it should not be administratively sanctioned for operating
without the appropriate authority from the Commission. With the Order,
Respondent was likewise directed to immediately Cease and Desist from
operating said station.
On the scheduled hearing date Respondent appeared and requested
for time to file its Answer. On 28 September 2004, the Manila Broadcasting
Company (MBC) filed a Motion for Reconsideration alleging the following
statements:
1. That the Cease and Desist Order (CDO) results to a deprivation
of Respondent’s properties as the concept of property protected
by the due process clause had been expanded to include
economic interests and investments, hence violating the
Respondent’s right to due process of law.
2. That the CDO runs afoul to this Commission’s policy of
regulation.
3. That the CDO be lifted and for the Commission to direct the
Regional Director of NTC Region II to refrain from further
implementing said Order.
4. That Respondent be given additional time within which to file
its Answer.
 NTC vs. MANILA BROADCASTING COMPANY/ALFONSO T. ROJAS, JR.
Adm. Case No. 2004-027
Page 2 of 4

In a Hearing dated 05 October 2004, Respondent prayed for the

consolidation of its cases (Administrative Case Nos. 2004-025, 2004-026,
and 2004-027), and that the same be submitted for resolution.
On 18 October 2004, the Manila Broadcasting Company (MBC) filed
its Answer alleging the following:
1. That Respondent has been operating a Public Address System
for Paging and Public Assistance with Music and Commercials
(Advertisements) with the use of the low power FM Radio
Transmitter by virtue of the “Permit to Possess Radio
Transmitter” issued by this Commission.
2. That Respondent, MBC is the owner and operator of the subject
FM station or installation.
3. The possession and operation of the transmitter installed and
used in the FM station subject of the case is authorized and
covered by a “Permit to Possess Radio Transmitter” bearing
Serial No. BSD-0001-2002 PO dated 07 January 2002.
4. That Respondent wishes to point out the following items in its
permit:
a. The permit is for a radio transmitter
b. The frequency range of the radio transmitter is 88-108
MHz
c. The power output is 100 milliwatts
d. The permit also serves as a “Permit to Operate”
5. The installation or system subject of the case is indeed a
“station” because it is an installation or system consisting of a
radio transmitter, a radio transmitting apparatus. Moreover,
since the radio frequency range is 88-108 MHz, the radio
transmitter is an FM radio transmitter.
6. That since the radio transmitter is an FM radio transmitter, the
station may be more accurately described as an FM radio
station, and being such, it may also be called an RM Radio
Broadcasting Station because an FM radio transmitter, when
used and operated in accordance with its basic, inherent and
essential nature, necessarily broadcasts.
7. That because the power of the radio transmitter subject of the
permit is a mere 100-milliwatt, the station may be said to be a
Low Power FM Station.
8. That Respondent uses the FM Radio Transmitter as the means
or tool by which it makes announcements, notices, appeals for
public assistance, paging, music etc. audible to a large
audience.
9. That clearly, the permit contains absolutely no prohibition,
express or implied, against airing of commercials.
Upon evaluation of the evidence presented, the Broadcast Services
Division reported that:
 NTC vs. MANILA BROADCASTING COMPANY/ALFONSO T. ROJAS, JR.
Adm. Case No. 2004-027
Page 3 of 4

“The above broadcast stations on a Low Power FM (LPFM) with

power output of 100mW. Its operations were covered by a Permit to
Possess issued by the Commission. No Construction Permit were
required then, since the issued Permit to Possess also serves as its
Permit to Operate.

Under NTC Office Order 17-03-2003, the Legal Department and the
NTC Regional Offices were directed to investigate all complaints
arising from the operation of 100mW FM radio stations which is
intended exclusively for public address system for paging and public
assistance with music. Considering the complexity of the situation
then, the Commission issued Office Order No. 18-03-2003 which
suspended the issuance of the permits to purchase and possess
100milliwatt low power FM radio transmitter.

These LPFM stations no longer exists and in view of this, the BSD is
of the view that this administrative case may be dismissed or
archived, without prejudice to the re-opening of the case, should it be
found/reported to be still operating in the area.”

In view of the foregoing premises, the dismissal of the instant case is

warranted without prejudice to the refiling of the case against Respondent
should it be reported operating a Low Power FM station in the area.

WHEREFORE, the instant administrative complaint against the

Respondent Manila Broadcasting Comp. (Joseph Siason) is hereby
DISMISSED without prejudice to the refiling of the case should it be
reported that the Respondent is operating a Low Power FM station in the
area.
SO ORDERED.
Quezon City, Philippines.

GAMALIEL A. CORDOBA
Commissioner

EDGARDO V. CABARIOS DELILAH F. DELES

Deputy Commissioner Deputy Commissioner

/EBBL

COPY FURNISHED:

Respondent, MANILA BROADCASTING COMPANY

 NTC vs. MANILA BROADCASTING COMPANY/ALFONSO T. ROJAS, JR.
Adm. Case No. 2004-027
Page 4 of 4

7 Araneta St., Centro Lal-lo, Cagayan

MR. ALFONSO ROXAS, JR.

Star Parks CCP Complex
Roxas Blvd., Pasay City

The Chief, Broadcast Service Division, NTC

The Regional Director, Regional Office No. II,

J.P. Enrile Blvd., Carig, Tuguegarao City, Cagayan