2005 NTC Memoranda.pdf

7/27/2019 2005 NTC Memoranda.pdf

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R e p u b l i c o f t h e P h i l i p p i n e sD e p a r t m e n t o f T r a n s p o r t at i o n a n d C o m m u n i c a t i o n sNATIONAL TELECOMMUNICATIONS COMMISSION

REGIONAL OFFICE No. VIIIArmy Road, 6500 Tacloban City Phone +63.53.325.5181 Fax +63.53.325.8519 eMail [email protected]

2005 NTC Memoranda


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Office of the PresidentREPUBLIC OF THE PHILIPPINESCommission on Information and Communications TechnologyNATIONAL TELECOMMUNICATIONS COMMISSIONBIR Road, East Triangle, Diliman, Quezon City

MEMORANDUM CIRCULARNo.: 02-02-2005

Subject: FREQUENCY ALLOCATION AND BLOCK ARRANGEMENTS FORFIXED WIRELESS ACCESS SYSTEMS IN THE BANDS 3.4 3.6Ghz and 10.15 10.65 Ghz

Whereas, pursuant to Rule 600 of MC 8-9-95, Implementing Rules andRegulations on RA 7925, the radio spectrum allocation and assignment shall besubject to review in the interest of public service ;

Whereas, the Commission is mandated to promote and sustain a healthy

competitive telecommunications environment;

Recognizing,

a. that fixed wireless access (FWA) systems in the range of3.4 3.6 Ghz and10.15 10.65 GHz can provide enhanced telephony and data services;

b. that a flexible block (sub-band) arrangement, rather than use conventionalpoint-to-point channel arrangement can accommodate various FWAtechnologies, whilst remaining consistent with good spectrum managementprinciples, including provision for inter-systems/services operation andoverall spectrum efficiency;

c. that sufficient capacity and flexibility for deployment of multiple systemswithin a desired service area can be achieved by the use of either frequencyblocks (sub-band), or the aggregation of a variable number of frequency slotsfrom a homogeneous pattern based on an interval of 0.25 MHZ;

d. that a standardized block width might offer benefits through economies ofscale and simplified inter-system and inter-operator frequency planning in thesame deployment area.

Wherefore, pursuant to Republic Act 7925 and its Implementing Rules andRegulations, Executive Order 546 series of 1979 and Act No. 3846, as amended,and in the interest of service, the National Telecommunications Commission,

hereby allocates the frequency bands 3.4 3.6 Ghz. and 10.15 10.65 Ghz forthe use of fixed wireless access systems and shall form part of the National RadioFrequency Allocation Table (NRFAT), and hereby adopts following :

1. the allocation and utilization of the bands 3.4 3.6 Ghz and 10.15 10.65GHz using block (sub-band) edge frequencies, which are exactly divisible by0.25 Mhz. to the Fixed Wireless Systems (FWA) as described in theChannel Plan attached to this Circular as Annex I and Annex II respectively;


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2. that frequency blocks shall be assigned according to capacity of systemsand technology used;

3. that if systems using TDD technologies are also deployed in the same area,due account shall be taken of the necessity to assign the TDD frequencyblocks to minimize interference;

This circular shall take effect fifteen (15) days after publication in a newspaper ofgeneral circulation and three (3) copies furnished the UP Law Center.

Any circular, order or memorandum inconsistent herewith is deemed superseded.

Quezon City, Philippines, February 11, 2005.

(Sgd)RONALD OLIVAR SOLISCommissioner

(Sgd)KATHLEEN G. HECETA (Sgd)JORGE V. SARMIENTODeputy Commissioner Deputy Commissioner


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ANNEX I

ANNEX 1

3400 - 3600 MHz

CH NO. 3.5 MHz Blocks CH NO. 7 MHz Blocks

1 3400.25 - 3403.75 3500.25 - 3503.75 1 3400.25 - 3407.25 3500.25 - 3507.25

2 3403.75 - 3407.25 3503.75 - 3507.25 2 3407.25 - 3414.25 3507.25 - 3514.25

3 3407.25 - 3410.75 3507.25 - 3510.75 3 3414.25 - 3421.25 3514.25 - 3521.25

4 3410.75 - 3414.25 3510.75 - 3514.25 4 3421.25 - 3428.25 3521.25 - 3528.25

5 3414.25 - 3417.75 3514.25 - 3517.75 5 3428.25 - 3435.25 3528.25 - 3535.25

6 3417.75 - 3421.25 3517.75 - 3521.25 6 3435.25 - 3442.25 3535.25 - 3542.25

7 3421.25 - 3424.75 3521.25 - 3524.75 7 3442.25 - 3449.25 3542.25 - 3549.25

8 3424.75 - 3428.25 3524.75 - 3528.25 8 3449.25 - 3456.25 3549.25 - 3556.25

9 3428.25 - 3431.75 3528.25 - 3531.75 9 3456.25 - 3463.25 3556.25 - 3563.25

10 3431.75 - 3435.25 3531.75 - 3535.25 10 3463.25 - 3470.25 3563.25 - 3570.2511 3435.25 - 3438.75 3535.25 - 3538.75 11 3470.25 - 3477.25 3570.25 - 3577.25

12 3438.75 - 3442.25 3538.75 - 3542.25 12 3477.25 - 3484.25 3577.25 - 3584.25

13 3442.25 - 3445.75 3542.25 - 3545.75 13 3484.25 - 3491.25 3584.25 - 3591.25

14 3445.75 - 3449.25 3545.75 - 3549.25 14 3491.25 - 3498.25 3591.25 - 3598.25

15 3449.25 - 3452.75 3549.25 - 3552.75

16 3452.75 - 3456.25 3552.75 - 3556.25 CH NO. 14 MHz Blocks

17 3456.25 - 3459.75 3556.25 - 3559.75 1 3400.25 - 3414.25 3500.25 - 3514.25

18 3459.75 - 3463.25 3559.75 - 3563.25 2 3414.25 - 3428.25 3514.25 - 3528.25

19 3463.25 - 3466.75 3563.25 - 3566.75 3 3428.25 - 3442.25 3528.25 - 3542.25

20 3466.75 - 3470.25 3566.75 - 3570.25 4 3442.25 - 3456.25 3542.25 - 3556.25

21 3470.25 - 3473.75 3570.25 - 3573.75 5 3456.25 - 3470.25 3556.25 - 3570.2522 3473.75 - 3477.25 3573.75 - 3577.25 6 3470.25 - 3484.25 3570.25 - 3584.25

23 3477.25 - 3480.75 3577.25 - 3580.75 7 3484.25 - 3498.25 3584.25 - 3598.25

24 3480.75 - 3484.25 3580.75 - 3584.25

25 3484.25 - 3487.75 3584.25 - 3587.75

26 3487.75 - 3491.25 3587.75 - 3591.25

27 3491.25 - 3494.75 3591.25 - 3594.75

28 3494.75 - 3498.25 3594.75 - 3598.25


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ANNEX II

ANNEX II

10150 -10300 MHz/10500 - 10650 MHz

CH NO. 3.5 MHz Blocks CH NO. 7 MHz Blocks

1 10150.5 -10154.0 10500.5 - 10504.0 1 10154.0 -10161.0 10504.0 - 10511.0

2 10154.0 - 10157.5 10504.0 - 10507.5 2 10161.0 - 10168.0 10511.0 - 10518.03 10157.5 - 10161.0 10507.5 - 10511.0 3 10168.0 - 10175.0 10518.0 - 10525.0

4 10161.0 - 10164.5 10511.0 - 10514.5 4 10175.0 - 10182.0 10525.0 - 10532.0

5 10164.5 - 10168.0 10514.5 - 10518.0 5 10182.0 - 10189.0 10532.0 - 10539.0

6 10168.0 - 10171.5 10518.0 - 10521.5 6 10189.0 - 10196.0 10539.0 - 10546.0

7 10171.5 - 10175.0 10521.5 - 10525.0 7 10196.0 - 10203.0 10546.0 - 10553.0

8 10175.0 - 10178.5 10525.0 -10528.5 8 10203.0 - 10210.0 10553.0 - 10560.0

9 10178.5 - 10182.0 10528.5 - 10532.0 9 10210.0 - 10217.0 10560.0 - 10567.0

10 10182.0 - 10185.5 10532.0 - 10535.5 10 10217.0 - 10224.0 10567.0 - 10574.0

11 10185.5 - 10189.0 10535.5 - 10539.0 11 10224.0 - 10231.0 10574.0 - 10581.0

12 10189.0 - 10192.5 10539.0 - 10542.5 12 10231.0 - 10238.0 10581.0 - 10588.0

13 10192.5 -10196.0 10542.5 - 10546.0 13 10238.0 - 10245.0 10588.0 - 10595.014 10196.0 - 10199.5 10546.0 - 10549.5 14 10245.0 - 10252.0 10595.0 - 10602.0

15 10199.5 - 10203.0 10549.5 - 10553.0 15 10252.0 - 10259.0 10602.0 - 10609.0

16 10203.0 - 10206.5 10553.0 - 10556.5 16 10259.0 - 10266.0 10609.0 - 10616.0

17 10206.5 - 10210.0 10556.5 - 10560.0 17 10266.0 - 10273.0 10616.0 - 10623.0

18 10210.0 - 10213.5 10560.0 - 10563.5 18 10273.0 - 10280.0 10623.0 - 10630.0

19 10213.5 - 10217.0 10563.5 - 10567.0 19 10280.0 - 10287.0 10630.0 - 10637.0

20 10217.0 - 10220.5 10567.0 - 10570.5 20 10287.0 - 10294.0 10637.0 - 10644.0

21 10220.5 - 10224.0 10570.5 - 10574.0

22 10224.0 - 10227.5 10574.0 - 10577.5 CH NO. 14 MHz Blocks

23 10227.5 - 10231.0 10577.5 - 10581.0 1 10154.0 -10168.0 10504.0 - 10518.0

24 10231.0 - 10234.5 10581.0 - 10584.5 2 10168.0 - 10182.0 10518.0 - 10532.0

25 10234.5 - 10238.0 10584.5 - 10588.0 3 10182.0 - 10196.0 10532.0 - 10546.0

26 10238.0 - 10241.5 10588.0 - 10591.5 4 10196.0 - 10210.0 10546.0 - 10560.0

27 10241.5 - 10245.0 10591.5 - 10595.0 5 10210.0 - 10224.0 10560.0 - 10574.0

28 10245.0 - 10248.5 10595.0 - 10598.5 6 10224.0 - 10238.0 10574.0 - 10588.0

29 10248.5 - 10252.0 10598.5 - 10602.0 7 10238.0 - 10252.0 10588.0 - 10602.0

30 10252.0 - 10255.5 10602.0 - 10605.5 8 10252.0 - 10266.0 10602.0 - 10616.0

31 10255.5 - 10259.0 10605.5 - 10609.0 9 10266.0 - 10280.0 10616.0 - 10630.0

32 10259.0 - 10262.5 10609.0 - 10612.5 10 10280.0 - 10294.0 10630.0 - 10644.0

33 10262.5 - 10266.0 10612.5 - 10616.0

34 10266.0 - 10269.5 10616.0 - 10619.5

35 10269.5 - 10273.0 10619.5 - 10623.0

36 10273.0 - 10276.5 10623.0 - 10626.5

37 10276.5 - 10280.0 10626.5 - 10630.0

38 10280.0 - 10283.5 10630.0 - 10633.5

39 10283.5 - 10287.0 10633.5 - 10637.0

40 10287.0 - 10290.5 10637.0 - 10640.5

41 10290.5 - 10294.0 10640.5 - 10644.0

42 10294.0 - 10297.5 10644.0 - 10647.5


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Memorandum Circular

No. 05-08-2005

Subject: VOICE OVER INTERNET PROTOCOL (VOIP)

WHEREAS, the 1987 Constitution fully recognizes the vital role of communications in nation

building and provides for the emergence of communications structures suitable to the needs and

aspirations of the nation;

WHEREAS, the promotion of competition in the telecommunications market is a key objective

of Republic Act No. 7925 (RA 7925, for brevity), otherwise known as The PublicTelecommunications Policy Act of the Philippines, which mandates that a healthy competitive

environment shall be fostered, one in which telecommunications carriers are free to make

business decisions and to interact with one another in providing telecommunications services,

with the end in view of encouraging their financial viability while maintaining affordable rates.

WHEREAS, RA 7925 further defines the role of the government to promote a fair, efficient and

responsive market to stimulate growth and development of the telecommunications facilities andservices.

Whereas, new technologies such as VoIP are blurring the traditional boundaries betweencomputers, telecommunications, and broadcasting; and continue to fundamentally alter the

structure, economics and nature of competition in the telecommunications sector.

WHEREAS, RA 7925 introduces the novel concept of a value-added service (VAS) provider

which is defined as an entity which relying on the transmission, switching and local distributionfacilities of the local exchange and inter-exchange operators, and overseas carriers, offers

enhanced services beyond those ordinarily provided for by such carriers.

WHEREAS, Section 11 of RA 7925 provides that that VAS providers need not secure afranchise, provided that they do not put up their own network.

WHEREAS, VAS is not strictly a public service offering in the way that voice-to- voice linesare, but is merely supplementary to the basic service.

WHEREAS, given that it is not possible to accurately know or predict what other value addedservices would be available in the future, and consistent with the national interest in encouraging

competition and innovation, services ordinarily offered by local exchange and inter-exchange

operators and overseas carriers under RA 7925 must be construed strictly in terms of servicesordinarily offered by such operators and carriers at the time the said law was passed;

WHEREAS, services ordinarily offered by the aforementioned operators and carriers at the time

RA 7925 was passed were limited to voice services offered through circuit switched networks;


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WHEREAS, the National Telecommunications Commission believes that a forward- looking

definition of the term Value-Added Services would serve the interests of clarity, innovation,competition, and regulatory consistency;

WHEREAS, VOIP, as an application that digitizes and transmits voice communications in

packets via the Internet, enhances or improves upon traditional telephony that is conductedthrough circuit switched connections by allowing the convergence of voice with other data

applications, and by providing economic benefits in the form of greater efficiencies and lower

costs;

WHEREAS, added competition in and deployment of VOIP can help achieve the broader policy

objectives of RA 7925 to develop and maintain a viable, efficient, reliable and universaltelecommunications infrastructure using the best available and affordable technologies, and to

improve and extend services to areas not yet served;

WHEREAS, the widespread use and deployment of VOIP is hampered by the absence of formal

rules or guidelines that will clarify the legal and regulatory rules for VOIP, and govern theprovision and use of VOIP by the public;

WHEREAS, premature intervention in or regulation of VOIP as a nascent technology risks

stifling innovation and competition in information and communications technologies (ICT);

WHEREAS, minimal regulation on VOIP will encourage the development of new applications

and services that can enhance Philippine competitiveness in the global ICT market;

NOW, THEREFORE, pursuant to RA 7925, Executive Order (EO) No. 546 series of 1979, and

Department of Transportation and Communications (DOTC) Memorandum dated November 25,2003, and in order to maintain and foster fair competition in the telecommunications industry,

and to bring the benefits of efficient VOIP technology to the general public, the National

Telecommunications Commission (the Commission/NTC, for brevity) hereby promulgates the

following guidelines:

Sec. 1 Voice over Internet Protocol (VOIP) shall be classified as a Value Added Service within

the contemplation of RA 7925, otherwise known as the Public Telecommunications Policy Act.

Sec. 2 Definitions

a. Customer Premises Equipment (CPE) refers to equipment located in the premises of acustomer which is not part of but are connected directly to the system or network of the

PTE.

b. Enhanced Services shall mean those services that improve upon the quality and/or

functionality of services ordinarily offered by local exchange and inter-exchange

operators and overseas carriers.


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c. Public telecommunications entity (PTE) refers to any person, firm, partnership or

corporation, government or private, engaged in the provision of telecommunicationsservices to the public for compensation.

d. Services Ordinarily Provided for by Local Exchange and Inter-Exchange Operators and

Overseas Carriers refer to voice services offered through circuit switched networks.

e. Value-added services (VAS) refer to enhanced services beyond those ordinarily provided

for by local exchange and inter-exchange operators, and overseas carriers through circuitswitched networks.

f. Voice Over Internet Protocol (VOIP) Service is the provision of voice communicationusing Internet Protocol (IP) technology, instead of traditional circuit switched technology.

Sec. 3 Any person or entity seeking to provide VoIP for use by the public for compensation

shall register themselves as such with the Commission prior to operation as a VoIP provider.

Local exchange and interexchange operators and overseas carriers are hereby allowed to offerVoIP without need of further registration, provided that, consistent with RA 7925:

a. they ensure that such VoIP offerings are not cross-subsidized from the proceeds of their

utility operations;

b. other providers of VoIP are not discriminated against in rates nor denied equitable accessto their facilities; and

c. separate books of accounts are maintained for VoIP.

Sec. 4 No value-added service provider shall provide VoIP services to the public for

compensation where such services require access to and/or use of a network providersnetwork, facilities and/or equipment unless it has entered into an agreement with such network

provider as to the terms and conditions of fair and reasonable access and/or interconnection

charges for such access and/or use.

In cases where the VAS provider and network provider refuse to negotiate for the

interconnection of their networks, the Commission may, upon the complaint of any interested

party or upon its own initiative, intervene and assume jurisdiction over the matter andimmediately direct physical interconnection of the networks of the parties under such terms and

conditions it may deem proper under the circumstances.

Nothing in this paragraph shall, however, prevent the parties from negotiating and executing an

interconnection agreement, and from submitting the same to the Commission for approval. For

this purpose, the parties shall be given a period of ninety (90) days from receipt of notice of thefiling of the complaint within which to negotiate and execute an interconnection agreement,

Provided, that until an interconnection agreement is executed the interconnection mandate

adverted to in the immediately preceding paragraph, if any, shall remain in full force and effect.


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Sec. 5 Network providers shall ensure equal access in terms of quantity and quality, at the same

prices for substantially similar services to VAS providers; and shall not discriminate betweenVAS providers. For this purpose, the parties shall submit a copy of their agreements on these

matters for purposes of the monitoring and supervision by the Commission within thirty (30)

days upon their execution.

Sec. 6 No public telecommunications entity, network provider or other entity providing Internet

access to subscribers and VAS providers, shall impede or degrade the access of such subscribers

and VAS providers to the Internet content of another applications or service provider, exceptwhere such access demonstrably threatens the integrity of the ir network or facilities.

Sec. 7 Network and/or internet service providers shall not require subscribers to purchase/use orto refrain from purchasing/using any IP-enabled service as a precondition to obtaining their

broadband service.

Sec. 8 The sale, lease, importation, distribution and/or provision of VOIP equipment, software

and/or accessories that are not directly connected with the network of PTEs, such as those thatare connected directly to computers to enable access to purely Internet-based VoIP services, shall

be allowed. Customer premises equipment (CPE) designed to enable or ease the use of VoIPshall be governed by the existing rules and regulations on CPEs.

Sec. 9 Repealing Clause Any rule, regulation, circular, order or memorandum, or parts thereof,inconsistent with this memorandum circular are deemed amended or revoked.

Sec. 10 Effectivity This Memorandum Circular shall take effect fifteen (15) days after itspublication in a newspaper of general circulation, and three (3) certified true copies furnished to

the University of the Philippines Law Center.

Quezon City, Philippines ___23 AUGUST 2005____

RONALD OLIVAR SOLIS

Commissioner

JORGE V. SARMIENTO JAIME M. FORTES, JR.

Deputy Commissioner Deputy Commissioner


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MEMORANDUM CIRCULARNO. 06-08-2005

SUBJECT: Frequency Band Allocations for Broadband WirelessAccess

WHEREAS, pursuant to RA7925 (Public Telecommunications Policy Act) and itsImplementing Rules and Regulations, the radio spectrum allocation andassignment shall be subject to review in the interest of public service and inorder to keep pace with the development in the wireless technology with the endin view of insuring a wider access to the limited radio spectrum and the use of

cost effective technology;

WHEREAS, the Commission is mandated to promote and sustain a healthycompetitive telecommunications environment;

WHEREAS, pursuant to RA 7925, the growth and development oftelecommunications networks and services shall be pursued;

WHEREAS, under the same Act, the Government shall allocate the spectrum to

service providers to meet public demand for telecommunications services;

WHEREAS, in line with the thrust of the government to promote and facilitate

the growth and de velopment of information and communications technology(ICT) throughout the country; and

Recognizing, that

- ICT access, connectivity and development of ICT facilities, servicesand skills are becoming more important in economies around the

world, improving efficiency and welfare and creating an equitable andefficient information society ;

- wireless access technology is one of the recognized solutions inproviding ICT access in developing and remote (rural), and

marginalized areas, hard and costly-to-reach areas using thetraditional wirelines, and, thus, prevent the widening of the digitaldivide;

- new advances in wireless technologies offering high-speedportable and mobile connectivity can help bridge the widening digitaldivide;


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- the World Summit of the Information Society (WSIS) Plan of Action towhich the Philippines is a signatory, has set out objectives to helpincrease connectivity for unserved and underserved areas such as

remote and sparsely populated areas.

NOW, THEREFORE, in support of the governments objectives to push the

countrys socio-economic agenda through information and communicationtechnologies and achieving the goal of digital inclusion, enabling universal,sustainable, ubiquitous and affordable access to ICT by all, the National

Telecommunication Commission hereby re-allocates the following bands forbroadband wireless access for fixed, nomadic and mobile networks:

? 450 -470 Mhz.;? 1900 - 1910 MHz;? 1980 - 1990 MHz;? 2400 - 2483 MHz;? 2500 - 2700 MHz;

? 3400 - 3600 MHz? 5150 - 5350 MHz;? 5470 - 5850 MHz;? 10150 - 10650 MHz;

The transfer of previously authorized persons or entities operating radiostations within the above listed radio frequency bands shall be governed byRule 603 of MC 3-3-96.

REPEALING CLAUSE

Any circular, memorandum, order or parts thereof inconsistent with the

provision of this circular shall be deemed amended or superseded accordingly.

EFFECTIVITY

This circular shall take effect (15) days after publication in a newspaper ofgeneral circulation and three (3) certified true copies furnished the UP Law

Center.

Quezon City, Philippines, _23 AUGUST_, 2005 .

RONALD OLIVAR SOLISCommissioner

JORGE V. SARMIENTO JAIME M. FORTES, JR.Deputy Commissioner Deputy Commissioner


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MEMORANDUM CIRCULARNo. 07-08-2005

SUBJECT: RULES AND REGULATIONS ON THE ALLOCATION AND ASSIGNMENTOF 3G RADIO FREQUENCY BANDS

Pursuant to RA7925 (Public Telecommunications Policy Act), Act3846, as amended (RadioControl Law), and EO546 series of 1979, the following rules and regulations on the allocationand assignment of Third Generation Mobile Telecommunications system (3G) radio frequency

bands are hereby promulgated.

SECTION 1. ALLOCATION OF RADIO FREQUENCY BANDS FOR INTERNATIONALMOBILE TELECOMMUNICATIONS 2000 (IMT2000) OR THIRDGENERATION (3G) MOBILE TELECOMMUNICATIONS

1.1 The following radio frequency bands as identified by the InternationalTelecommunications Union (ITU) are hereby re-allocated for the use ofinternational mobile telecommunications (IMT2000) or 3G mobiletelecommunications in the Philippines and shall form part of the National RadioFrequency Allocation Table (NRFAT), namely:

825 845MHz*870 890MHz*1880 1900MHz1920 1980MHz2110 2170MHz

2010 -2025MHz

The above-allocated frequency bands shall be made available for assignment tonot more than five (5) qualified public telecommunications entities (PTE).

*These frequencies are currently assigned to existing CMTS operators.

SECTION 2. TRANSFER OF AFFECTED USERS

2.1 The transfer of affected duly authorized users of the herein allocated 3G radiofrequency bands shall be governed by Section 603 of Memorandum Circular No.03-03-96.

SECTION 3. CRITERIA TO BE USED IN THE SELECTION OF QUALIFIED PUBLICTELECOMMUNICATIONS ENTITIES

3.1 Only entities with authorizations to install, operate and maintain cellular mobiletelecommunications system (CMTS) or 3

rdgeneration mobile

telecommunications system (3G) shall be accepted as applicants for theassignment of herein allocated 3G radio frequency bands.


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3.2 Existing duly authorized cellular mobile telephone service providers opting toupgrade their networks to 3G shall qualify as applicants for the assignment of 3Gfrequencies subject to the provisions of the applicable Sections hereof, more

particularly, Section 3.6 and Sections 4, 5, 6, and 7.

3.3 An entity intending to operate a 3G mobile telecommunications system shall file

its application for authority or certificate of public convenience and necessity(CPCN) to install, operate and maintain a 3G mobile telecommunications systemto the Commission not later than thirty (30) calendar days from the effectivity ofthis Circular. The applicant shall possess the following minimum qualifications:

a. Holder of a valid Congressional franchise;

b. For new public telecommunications entities, the minimum paid-up capitalstock shall be PhP100 million;

c. For existing duly authorized PTEs, debt to equity ratio shall be 70:30 withtotal investments in the CMTS or 3G networks of at least PhP400 million

already included in the calculation of the debt to equity ratio; and

d. Must prove that it has the technical capability to install, operate and maintainthe proposed CMTS or 3G networks.

The application shall undergo quasi-judic ial process. The process shall becompleted within sixty (60) calendar days from date of the effectivity of thisCircular.

3.4 The documentary as well as oral evidence submitted by applicants for theassignment of the radio frequency bands for Second Generation MobileTelecommunications System (2G) (public mobile telecommunications system or

PMTS) networks shall be updated. The process of updating shall be completednot later than sixty (60) calendar days from the date of effectivity of this Circular.

3.5 Entities with more than 50% of common stocks owned by the same person orgroup of persons shall be considered as associated applicants, at the time ofapplication, andsuch entities shall be allowed to elect one of them to proceed inthe filing of application before the Commission.

3.6 Applications for the assignment of 3G radio frequency bands shall beaccepted not later than ninety (90) calendar days from the effectivity of thisCircular. The qualified applicants shall be determined using the followingcriteria:

a. For existing authorized PTEs, no outstanding unpaid supervision and

regulations fees (SRF), spectrum user fees (SUF), radio station license fees,permit fees and other fees imposed by the National TelecommunicationsCommission pursuant to law, rules and regulations.

b. Must submit a written undertaking that it shall interconnect with all 3Gnetworks, cellular mobile telephone networks, local exchange networks and


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all other public networks pursuant to existing laws, rules and regulations onmandatory interconnection.

c. Must submit a written undertaking that is shall allow the sharing of itsnetwork and facilities with other 3G players in areas where demand does notallow more than one (1) 3G network.

d. Must submit written undertaking that it shall negotiate roaming agreementswith other 3G networks or existing duly authorized CMTS service providers.

e. Must submit a written undertaking that it shall abide by the terms andconditions set by the Commission in cases where its negotiations forinterconnection, sharing of networks and facilities and/or roaming fail toreach agreements within ninety (90) days from date of the start ofnegotiations for the same.

f. Must submit proof of track record in the operation of mobiletelecommunications systems particularly 3G networks.

g. Must submit a 5-year roll-out plan to cover at least 80% of the provincialcapital towns/cities and 80% of the chartered cities.

h. Must submit schedule of rates for the different types of 3G services to beoffered. The schedule of rates shall be the maximum rates that can becharged within the first twenty four (24) months from start of commercialoperations which shall not be later than thirty (30) months from date ofaward of the 3G radio frequency bands. Other 3G services not included in thesubmitted list may be offered subject to prior approval by the Commission;

3.7 Entities with applications for the assignment of the 3G radio frequency bands

may form a consortium. A consortium formed must provide the details of all itsmembers, including the details of their ownership and control structure.

3.8 Applicants for the assignment of the herein allocated 3G radio frequencybands shall be ranked based on the track record, roll-out commitments and ratesto be charged from consumers/subscribers/users.

SECTION 4. DETERMINATION OF QUALIFIED APPLICANTS

4.1 The Commission shall, not later than ninety (90) days from the effectivity of thisCircular, evaluate all applications for the assignment of the 3G radio frequency

bands and determine the best qualified applicants using the criteria described in

Sec. 3.6 of this Circular. Within ten (10) days after the determination of the bestqualified applicants, the Commission shall send notices of the results of theevaluation to all applicants.

SECTION 5. PERFORMANCE BONDS

5.1 All applicants for the assignment of 3G radio frequency bands shall postperformance bond equivalent to PHP300M. The performance bond shall be


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submitted to the Commission not later than ninety (90) days from the effectivityof this Circular.

SECTION 6. SPECTRUM USER FEES

6.1The annual spectrum user fees (SUF) for the allocated and assigned 3G radiofrequency bands shall be:

FOR PAIRED 3G RADIO FREQUENCY BANDSa. for the first 5MHz, the SUF shall be PhP5,000,000.00 per MHz;

b. for each additional 1MHz or fraction thereof in excess of the first 5MHz butnot exceeding 10MHz, the SUF shall be PhP8,000,000.00 per MHz;

c. for each additional 1MHz or fraction thereof in excess of the first 10MHz butnot exceeding 15MHz, the SUF shall be PhP10,000,000.00 per MHz;

d. for each additional 1MHz or fraction thereof in excess of the first 15MHz,the SUF shall be PhP15,000,000.00 per MHz.

FOR UNPAIRED 3G RADIO FREQUENCY BANDS

a. for the first 5MHz, the SUF shall be PhP3,000,000.00 per MHz;b. for each additional 1MHz or fraction thereof in excess of the first 5MHz butnot exceeding 10MHz, the SUF shall be PhP6,000,000.00 per MHz;

c. for each additional 1MHz or fraction thereof in excess of the first 10MHz butnot exceeding 15MHz, the SUF shall be PhP8,000,000.00 per MHz;

d. for each additional 1MHz or fraction thereof in excess of the first 15MHz,the SUF shall be PhP12,000,000.00 per MHz.

6.2 The SUF shall be paid not later than 31 January of each year. A penalty of

25% shall be imposed if the amount is not paid within the prescribedperiod. If the SUF is not paid in full the 25% penalty shall be imposed on

the balance. Additional 1% per month penalty shall be imposed on the

outstanding unpaid SUF.

6.3 An additional SUF of PhP2M shall be imposed on each authorized 3G networkoperator for every 100,000 additional subscribers/users in excess of the first 4million subscribers/users. The number of subscribers/users to be used in hecomputation of the SUF for the current year shall be based on the number ofsubscribers/users reported by each authorized 3G network operator at the end ofthe immediately preceding year or one-half (1/2) of the maximum capacity of theaccess codes assigned as of the immediately preceding year; whichever is higher.

6.4 Existing duly authorized cellular mobile telephone service providers opting toupgrade their networks to 3G using their existing assigned radio frequencies, and

qualified pursuant to Sec.3.2 hereof, shall pay annual SUF of PhP65M for thefirst 10MHz x 2 radio frequency band plus PhP8M for each additional 1MHz x 2of radio frequency in excess of the first 10MHz x 2. An additional SUF ofPhP2M shall also be imposed for every 100,000 additional subscribers/users inexcess of the first 4 million subscribers/users. The number of subscribers/users to

be used in the computation of the SUF for the current year shall be based on thenumber of subscribers/users reported by each authorized 3G network operator atthe end of the immediately preceding year or one-half (1/2) of the maximum


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5

capacity of the access codes assigned as of the immediately preceding year;whichever is higher. The SUF shall be paid not later than 31 January of eachyear. A penalty of 25% shall be imposed if the amount is not paid within the

prescribed period. If the SUF due is not paid in full the 25% penalty shall beimposed on the balance. Additional 1% per month penalty shall be imposed onthe outstanding unpaid S of the SUF for the current year shall be based on the

number of subscribers/users reported by each authorized 3G network operator atthe end of the immediately preceding year or one-half (1/2) of the maximumcapacity of the access codes assigned as of the immediately preceding year;whichever is higher SUF.

SECTION 7. OBLIGATIONS OF THE ASSIGNEES

7.1 The assignees shall comply with the following obligations:

a. Within fifteen (15) days from the award of the 3G frequencies, they shallremit to the Commission payments for the SUF equivalent to one-half (1/2)of the amount specified in Section 6 if the award is made on or before 30

June and the full amount if award is made after 30 June covering the yearwhen the award is made, and thereafter, pay annual spectrum user fees

prescribed in Sec. 6 hereof;

b. Increase the paid capital to PhP400 million not later than thirty (30) daysfrom date of assignment of 3G radio frequencies (for new publictelecommunications entities);

c. Begin the installation and construction of the 3G network and facilities notlater than twelve (12) months from date of award;

d. Start commercial operation not later than thirty (30) months from date of

award;

e. Cover at least 80% of the provincial capital cities and towns and 80% of thechartered cities within sixty (60) months from date of award;

f. Strictly comply with the schedule of rates submitted;

g. Strictly comply with the prescribed service performance standards;

h. Interconnect with all 3G networks, cellular mobile telephone networks, localexchange networks and all other public networks pursuant to existing laws,rules and regulations on mandatory interconnection;

i. Share its 3G network and facilities with other 3G players in areas wheredemand does not allow more than one 3G network at mutually agreed pricesor at prices set by the Commission. Only 3G operators that have compliedwith their approved roll-out plans can share their networks and facilitiessubject to mutually agreed commercial terms and conditions;

All assignees of 3G radio frequencies shall within one hundred twenty (120) daysfrom date of assignment of the 3G radio frequencies shall jointly submit to the


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6

Commission list of areas where sharing of networks and facilities shall beimplemented including the pricing for the use of the networks and facilities.

j. Negotiate roaming agreements with other 3G networks and existing dulyauthorized CMTS service providers. Only 3G operators that have compliedwith their approved roll-out plans can negotiate roaming agreements among

themselves and with existing duly authorized CMTS service providers;

Where parties fail to enter into a mutual agreement within ninety (90) days fromthe start of commercial operations of the 3G operators, the Commission shall

prescribe the terms and conditions for roaming. The terms and conditions forroaming prescribed by the Commission shall only be effective for a period notexceeding three (3) years.

k. Submit an application for authority to install, operate and maintain localexchange lines or public calling stations in unserved and underserved areas

pursuant to Sec. 12 of RA7925 not later than ninety (90) days from theassignment of the herein allocated 3G radio frequencies; and

l. Comply with all relevant laws and regulations.SECTION 8. SANCTIONS

8.1 3G network operators shall at all times be updated in the payment of the annualSUF. Failure to settle outstanding SUF after a reasonable period of time from duedate thereof, shall be ground for the recall of the assigned 3G radio frequency

bands.

8.2 The failure of 3G network operators to comply with any of the obligationsspecified in Section 7 hereof shall be a cause for the cancellation of their

authority to provide 3G services, and for the recall of the assigned 3G radiofrequency bands.

SECTION 9. FINAL PROVISION

9.1 Any circular, order, memoranda or parts thereof inconsistent herewith are deemedrepealed or amended accordingly.

9.2 This Circular shall take effect fifteen (15) days after publication in a newspaperof general circulation and three (3) certified true copies are furnished the UP LawCenter.

Quezon City, Philippines __23 AUGUST 2005_____.





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MEMORANDUM ORDER

No. 3-11-2005

SUBJECT : GUIDELINES FOR THE REGISTRATION OF VoIP SERVICE

PROVIDERS AND RESELLERS

Pursuant to MC 05-08-2005 (Voice over Internet Protocol), the NationalTelecommunications Commission (Commission) hereby issues the following guidelines

for the registration of VoIP service providers.

1. A VoIP Service Provider shall refer to a person or entity providing VoIP servicesto the public, directly or through resellers, for compensation. Any person or entity

that intends to derive or source VoIP from a duly registered VoIP provider under

an agreement to resell the service directly to retail end-user customers, shall

register with the Commission as a Reseller.

2. Entities intending to register as a VoIP service providerare required to submit/paythe following documents/fees, in addition to those required to be submitted/paid

for VAS registration:

a. Certified true copy of the Securities and Exchange Commission (SEC)

Registration or Department of Trade and Industry (DTI) Registration

showing, among others, that the entity is at least sixty percent (60%)owned by Filipino citizens, and that the paid up capital is at least ten

million pesos (P10,000,000.00);

b. Valid facilities/network lease agreement with duly authorized

facilities/network providers;

c. Valid interconnection agreements with duly authorized access

facilities/network providers, such as the local exchange network, cellular

mobile network, trunk radio network, broadband access network, etc.,where applicable under Section 4 of MC 05-08-2005; and

d. List of cities and municipalities where the VoIP service will be offered;

e. Filing Fee: PhP 180.00;

f. Registration Fee: PhP50,000.00/year.


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3. Persons or entities intending to register as a VoIP service resellerare required to

submit/pay the following documents/fees, in addition to those required to besubmitted/paid for VAS registration:

a. Certified true copy of the Securities and Exchange Commission (SEC)

Registration or Department of Trade and Industry (DTI) Registrationshowing, among others, that the entity at least sixty percent (60%) owned

by Filipino citizens;

b. Certified true copy of a reseller agreement with a duly registered VoIP

service provider;

c. Filing Fee: PhP 180.00;

d. Registration Fee: PhP5,000.00/year.

4. Certificates of Registration (COR) issued to VOIP Providers and Resellers shallbe valid for a period of one (1) year, and are renewable thereafter.

5. Each VoIP service provider shall post a performance bond in the amount of five

million pesos (PhP 5,000,000.00) to guarantee the delivery of VoIP service to the

public. VoIP Resellers shall likewise post a performance bond in the amount ofone million pesos (PhP 1,000,000.00). The performance bond shall be from a

registered insurance or surety company preferably from the Government Service

Insurance System.

The performance bond shall be for the duration of the validity of the certificate ofregistration as a VoIP service provider or reseller. These entities shall at all time

be covered by a performance bond. The performance bond shall be forfeited in

favor of the government in the event that these entities fail to deliver VoIP service

pursuant to NTC rules and regulations.

6. Each registered VoIP service provider shall be assigned a VoIP service prefix

09xx. Only a user/customer/subscriber with an assigned VoIP subscribernumber shall be allowed to originate and/or receive VoIP calls/traffic.

7. Only Duly registered VoIP service provider shall be allowed to offer VoIP serviceusing Toll Free service. Each registered VoIP service provider offering this type

of service shall be assigned a Toll Free access telephone number 1801-xxx-

yyyy. Code yyyy shall be assigned to duly registered VoIP service providers.Code xxx shall be assigned to duly authorized local access network providers as

follows:


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Code Local Access Network Provider

100 199 PAPTELCO Members

200 Bayan Telecommunications, Inc.201 Bell Telecommunications Philippines, Inc.

203 Digital Telecommunications Philippines, Inc.

204 Innove Communications, Inc.205 Philcom Corporation

206 Philippine Long Distance Telephone Corp.

207 Pilipino Telephone Corporation208 Telecom Technologies Philippines, Inc.

209 Telecommunications Office (CICT)

302 Express Telecommunications, Inc.

303 Globe Telecom, Inc.

306 Smart Communications, Inc.400 404 3G Network Operators

8. All VoIP calls/traffic, outgoing and incoming, shall pass through dulyregistered/authorized VoIP service providers.

These guidelines shall take effect immediately.

Quezon City, Philippines, 23 November 2005.

RONALD OLIVAR SOLIS

Commissioner




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November 09, 2005

MEMORANDUM CIRCULAR

NO. 08-11-2005

SUBJECT : Reiterating Strict Compliance with Executive Order No. 255

dated July 25, 1987.

Under Presidential Memorandum Order No. 193 dated October 4, 2005, the Office of the

President directed the National Telecommunications Commission to ensure strictcompliance with Executive Order No. 255 dated July 25, 1987 on the mandatory playingof original Pilipino musical compositions in all radio stations with musical format

programs.

Pursuant to the said Memorandum, all radio stations are hereby mandated toplay/broadcast a minimum of four (4) original Pilipino musical compositions in every

clockhour of a program with musical format in accordance with Section 1 of Executive

Order No. 255.

For immediate compliance.

Quezon City, Philippines.

(signed)

RONALD OLIVAR SOLIS

Commissioner

ANB/BGP

OPMMC


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MEMORANDUM CIRCULARNo.: __09-11-2005________

Subject: Frequency Allocation for Telemetry and Other Similar DataSystems

Whereas, pursuant to Rule 600 of MC 8-9-95, Implementing Rules and

Regulations on RA 7925, the radio spectrum allocation and assignment shall besubject to review in the interest of public service;

Whereas, the Commission is mandated to promote and sustain a healthy

competitive telecommunications environment;

Whereas, the Commission recognizes the need to assign frequency bands for

Telemetry and other similar Data Systems to have their own bands in as much as

the previously allocated bands for said services were reassigned to Public RadioNetwork Service (PRNS).

Wherefore, pursuant to Republic Act 7925 and its Implementing Rules and

Regulations, Executive Order 546 series of 1979 and Act No. 3846, as amended,

and in the interest of the service, the National Telecommunications Commission,hereby reallocates the bands 481.250-481.475 MHz and 486.250-486.475 MHz

for the use of Telemetry and Other Similar Data Systems and shall form part ofthe National Radio Frequency Allocation Table (NRFAT), The channeling plan isattached as Annex to this circular.

This circular shall take effect fifteen (15) days after publication in a newspaper ofgeneral circulation and three (3) copies furnished the UP Law Center.

Any circular, order or memorandum inconsistent herewith is deemed

superseded.

Quezon City, Philippines, ___NOV 23 2005___, 2005.

RONALD OLIVAR SOLIS

Commissioner



Office of the President of the Philippines

Commission on Information and Communications TechnologyNATIONAL TELECOMMUNICATIONS COMMISSION

BIR Road, East Triangle, Diliman, Quezon City


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ANNEX

12.5 KHz Channel Plan (Duplex) 12.5 KHz Channel Plan

CH. NO. FREQ_MHz CH. NO. FREQ_MHz (Simplex Only)

1 481.2500 1' 486.2500 CH. NO. FREQ_MHz2 481.2625 2' 486.2625 1 481.4125

3 481.2750 3' 486.2750 2 481.4250

4 481.2875 4' 486.2875 3 481.4375

5 481.3000 5' 486.3000 4 481.4500

6 481.3125 6' 486.3125 5 481.4625

7 481.3250 7' 486.3250 6 481.4750

8 481.3375 8' 486.3375 7 486.4125

9 481.3500 9' 486.3500 8 486.4250

10 481.3625 10' 486.3625 9 486.4375

11 481.3750 11' 486.3750 10 486.4500

12 481.3875 12' 486.3875 11 486.462513 481.4000 13' 486.4000 12 486.4750

25 kHz Channel Plan (Duplex) 25 KHz Channel Plan

CH. NO. FREQ_MHz CH. NO. FREQ_MHz (Simplex Only)

1 481.2500 1' 486.2500 CH. NO. FREQ_MHz

2 481.2750 2' 486.2750 1 481.4250

3 481.3000 3' 486.3000 2 481.4500

4 481.3250 4' 486.3250 3 481.4750

5 481.3500 5' 486.3500 4 486.4250

6 481.3750 6' 486.3750 486.4500

7 481.4000 7' 486.4000 486.4750

Annex to Memorandum Circular No. _09-11-2005_- Frequency Allocation for Telemetry

and Other Similar Data Systems


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MEMORANDUM CIRCULARNo. ___10-11-2005_______

SUBJECT : Guidelines on the cablecasting of CATV channels with Chatroom formats

Pursuant to Executive Order 205 (Regulating the Operation of Cable AntennaTelevision in the Philippines), Executive Order 546 series of 1979, and in linewith the Commissions mandate on the promotion and protection of consumerwelfare, the following guidelines are hereby promulgated on the cablecasting of

Cable TV (CATV) channels with chatroom formats :

Section 1 SCOPE AND COVERAGE

1.1 All Cable TV (CATV) stations cablecasting channels with chatroomformats shall be covered by this Memorandum Circular and the measurescontained herein in connection with the operation of their chatroomchannels.

1.2 Cable TV (CATV) channels with chatroom formats refer to interactivechannels that enable viewers to interact and send messages via SMS(short message service) for reception by the viewing public.

Section 2 GENERAL PROVISIONS

2.1 All Cable TV (CATV) stations cablecasting channels with chatroomformats are required to employ the use of Automated Filter Dictionary(AFD) for their chatroom channels. The software for the Automated FilterDictionary (AFD) shall have the following capability :

a. to automatically mask pre-determined words or phrases notsuitable for cablecasting

b. to preview all messages prior to cablecastingc. to provide the operator the facility to edit or delete messages,

upon examination of the samed. to automatically screen and block messages from cellular

mobile numbers previously banned from the chatroom


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2.2 Cable TV (CATV) operators with chatroom channels shall be responsiblefor putting up an Administrator to oversee the operation of the chatroom.The Administrator shall be responsible for the operation of the AutomatedFilter Dictionary and the updating of its database, among others.

2.3 The Administrator shall be operated whenever the channel iscablecasted and shall be situated at the head-end station of the Cable TVor at a remote location duly registered and approved by the Commission.

2.4 All chatroom channels shall be required to place an Advisory informingall chatroom users to refrain from sending messages containing indecent,profane, obscene, malicious language and content, and all other wordsand phrases not suitable for cablecasting.

2.5 All Cable TV (CATV) operators are hereby reminded to strictly comply withthe terms and conditions of their Provisional Authority or Certificate of

Authority and shall ensure that their signal shall not contain any profane,obscene or malicious language and content

Failure to comply with the foregoing requirements shall warrant the imposition ofpenalties and sanctions, fine and/or suspension/revocation of permits andlicenses.

This Circular may be revoked, revised or amended as the Commission deems fitin accordance with law.

This Circular shall take effect after fifteen (15) days from its publication in anynewspaper of general circulation and from filing of three (3) certified true copiesthereof with the University of the Philippines Law Center and shall modify, amendor supersede any circular, order of memorandum or portions thereof that areinconsistent herewith.

Quezon City, Philippines, November 23, 2005.

(signed)


(signed) (signed)JORGE V. SARMIENTO JAIME M. FORTES, JR.Deputy Commissioner Deputy Commissioner

ANB/BGPchatroom.mc


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MEMORANDUM CIRCULAR

NO. ___11-11-2005___________

Subject : GUIDELINES FOR SHARING/CONSOLIDATI0N OF HEAD-ENDFACILITIES OF CABLE TELEVISION STATIONS

In order to allow cable television operators to take advantage of economies of scale andoptimize the use of resources, and to further improve their service to subscribers, the

Commission hereby sets forth the following procedure for consolidation/sharing of head-end facilities by two or more cable television operators:

1.

The sharing of head-end facilities by two or more CATV systems shall requirethe approval of the Commission.

2. A CATV operator intending to share head-end facilities shall duly notify theCommission of its intent. A grantee of a Provisional Authority or Certificate ofAuthority (PA/CA) shall file a motion before the Commission, while applicantshall either indicate in its original application or in a motion filed for suchpurpose.

3. A Memorandum of Agreement (MOA) and a technical feasibility report shallbe submitted together with the petition, motion or application. The

concerned CATV operator/s shall warrant in its MOA and demonstrate in its

technical feasibility report, full compliance with the technical standards forCATV systems, especially with the cable size requirements, and good signalquality at all times in accordance with Section 5 of Memorandum Circular 04-08-88.

4. The MOA shall also include an assignment of liability for violations of NTCtechnical standards, rules and regulations that results from or in relation tothe sharing of the head-end, between or among the concerned parties.

5. Existing CATV operator serving adjoining/contiguous municipalities/cities maybe allowed to consolidate its individual head-end facilities into a single head-

end station. A motion shall be filed for the purpose, attaching with it atechnical feasibility report indicating compliance with the technical standardsfor CATV systems.

6. The concerned CATV operators shall still secure and maintain their respectiveTVRO and CATV licenses notwithstanding the sharing of head-end facilities.


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7. The Commission shall not approve the sharing of head-end facilities by CATVoperators who have failed to fully comply with the conditions indicated intheir authorities, or against which there are pending administrative cases forunauthorized retransmission of cable programs.

This Circular may be revoked, revised or amended as the Commission deems fit inaccordance with law.

This Circular shall take effect after fifteen (15) days from its publication in anynewspaper of general circulation and from filing of three (3) certified true copies thereofwith the University of the Philippines Law Center and shall modify, amend or supersedeany circular, order of memorandum or portions thereof that are inconsistent herewith.

Quezon City, Philippines, ___November 23, 2005.

(signed)RONALD OLIVAR SOLIS

Commissioner

(signed) (signed)JAIME M. FORTES, JR. JORGE V. SARMIENTODeputy Commissioner Deputy Commissioner

Headendsharing.memocircularBGP/ MYDOCS

2005 NTC Memoranda.pdf

Documents

Transcript of 2005 NTC Memoranda.pdf