REPUBLIC OF THE PHILIPPINES NATIONAL TELECOMMUNICATIONS COMMISSION NTC Building, BIR Road, East Triangle, Diliman, Quezon City ‘ante,gov: pls website: luip:/ivww.nte,gow.ph MEMORANDUM CIRCULAR NO. 006-010-2023 SUBJECT: ZERO-SPECTRUM USER FEES FOR CERTAIN USES OF RADIO FREQUENCY BANDS 2400MHZ TO 2483.5MHZ, 5150MHZ TO 5350MHZ, AND 5470MHZ TO 5850MHZ. WHEREAS, Executive Order (EO) No. 546, series of 1979, authorizes the National Telecommunications Commission (NTC) to promulgate rules and regulations, as public interest and safety may require, to encourage a wider and more effective use of communications; WHEREAS, Act No. 3846, Radio Control Law, as amended, mandates the NTC to regulate the establishment, construction, operation and maintenance of all radio stations and radio communications, including internet access or data transmissions, within the Philippines; WHEREAS, Act No. 3846, as amended, further mandates the NTC to promulgate rules and regulations to prevent and eliminate interferences between stations and ensure interoperability of devices; WHEREAS, Republic Act (RA) No. 7925, Public Telecommunications Policy Act, as amended, provides that the NTC shall be the principal administrator of the radio frequency spectrum, tasked, among others, to encourage qualified service providers to provide telecommunications services in unserved and underserved areas; WHEREAS, NTC Memorandum Circular (MC) No. 002-09-2021 earlier clarified the Spectrum User Fees (SUF) rates applicable to radio frequency bands (“RF Bands”) 2400MHz to 2483.5MHz, 5150MHz to 5350MHz and 5470MHz to 5850MHz; WHEREAS, the NTC acknowledges the need to further liberalize certain regulations on the use of said RF Bands in order to better enhance the quality of wireless services, and ensure equitable access to devices capable of broadband connectivity; NOW, THEREFORE, in view of the foregoing premises and in the interest of public service and safety, the following rules are hereby promulgated Section 1. Scope. This Memorandum Circular shall apply to and cover all uses or utilization of the radio frequency bands (“RF Bands”) 2400MHz to 2483.5MHz, 5150MHz to 5350MHz and 5470MHz to 5850MHz for wireless connectivity under: a) Short-Range Devices (SRD); b) Wireless Data Networks (WDN); and c) BroadbandWireless Access (BWA) only, as they are treated under existing rules and regulations, and issuances. Section 2. Zero-Spectrum Users Fee for Use of the RF bands 2400MHz to 2483.5MHz, 5150MHz to 5350MH7, and 5470MH7z to 5850MHz. Use by the following persons and entities of the RF Bands for the enumerated purposes in Section 1 shall be charged Spectrum Users Fee (SUF) at the rate of ZERO: 2.1, Public Telecommunications Entities (PTEs) granted authority by NTC through their certificates of public convenience and necessity or provisional authorities to offer internet/ data services; 22. National and Local Government Offices; and 23. Persons and entities intending to set-up private networks or granted authority by the NTC through their certificate of registration to offer internet access service under Sec. 6 of Republic Act No. 10929, The Free Internet Access in Public Places Act. Section 3. Prior Registration and Licensing. Persons and entities covered by Section 2 which will use the equipment or devices in accordance with Section 1 hereof shall continue to strictly comply with the registration, and licensing requirements and procedures under NTC Memorandum Circular (MC) Nos. 03-05-2007, Frequency Bands for the Use and Operation of Short Range Devices (SRDs) as amended, 09-09-2003, Wireless Data Network as antended, and 06-08-2005, Frequency Band Allocation for Broadband Wireless Access, and other applicable rules and regulations, and issuances. Section 4. Prohibition on Radio Interference. Persons and entities covered by Section 2 which will use the equipment or devices in accordance with Section 1 are prohibited from causing any harmful interference to the users on primary basis, particularly Fixed-Satellite Service (FSS) in the Earth-to-Space direction and Aeronautical Radionavigation Service, and other users operating in the same band. Equipment or devices covered in Section 1 hereof shall strictly adhere to existing or hereinafter promulgated NTC technical and regulatory standards. The NTC may restrict and/or prohibit the use of the RF Bands under Section 7 in certain areas, such as but not limited to airports, seaports, and/or railways, in order to prevent radio interference in the interest of public safety. Section 5, Transition. The Zero-SUF rate herein prescribed shall be applied prospectively upon the effectivity of this Circular. Any SUF assessment and/or payment made prior to the effectivity of this Circular shall not be affected and remains valid, Page 2 of 3Section 6. Review. The Commission may conduct a review of this Circular one (1) year after effectivity, or earlier as public interest may require. Section 7. Saving Clause. All other applicable provisions of NTC Memorandum Circular Nos. 06-08-2005 and 09-09-2003, and NTC Memorandum Order No. 04-06- 2008 shall remain in full force and effect. Section 8. Repealing Clause. Any circular, order, memorandum or parts thereof inconsistent herewith are deemed repealed or amended accordingly. Section 9. Separability Clause. If any section or part of this Circular is held unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force and effect. Section 10. Effectivity. This Circular shall take effect fifteen (15) days after publication in a newspaper of general circulation and upon deposit of three (3) certified true copies thereof with the University of the Philippines Law Center. Quezon City, Philippines, 20 OCT 2023, ys SERN “oom joner ALVyA BERNARD O BLANCO Deputy Commissioner Page 3 of 3