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ECE Laws and Ethics Notes

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ECE Laws and Ethics • Laws – Rules of conduct, just, obligatory, laid down by legitimate powers for common observance and benefits
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ECE Laws and EthicsLaws Rules of conduct, just, obligatory, laid down by legitimate powers for common observance and benefits

Sources of Laws Affecting the ECE ProfessionInternational Treaties, Conventions and CongressEnactments of CongressConstitution of the PhilippinesPresidential Decrees, Executive Orders and the other Presidential IssuancesDepartment Orders and Circulars

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Sources of Laws Affecting the ECE Profession6. Decision of the Courts7. Decision of the NTC8. Memorandum Circulars of the NTC9. Opinions of the Secretary of Justice

Executive Orders(EO)/Presidential Decrees (PD) Issued by the President of the Philippinesa. EO 546- Creation of the National Telecommunications Commission .- NTC shall be composed of 1 Commissioner and 2 Deputy- Creation of the Ministry of Transportation and Communicationb. EO 125- Reorganization of MOTCc. EO 125-A- Creation of Department of Transportation and Communication

d. EO 205- Regulatory Operation of CATV Systems in the Philippines.- A certificate of authority to operate a cable antenna television (CATV) system shall be granted for maximum of 15 years renewable for similar period.- Station license for cable TV head end station shall be issued for a period of at least 1 year or not exceeding 3 years.- A minimum of P1.5m capital requirement for cable TV operation with 500 or more target subscribers on its first year of operation.e. EO 255, s.1987- Policy Guidelines to govern the operation of cable Television.f. EO 255, s.1987- The playing of at least 4 Filipino music every clock hour of a program.

g. EO 59- Interconnection of Public Telecommunications Carriers Lawh. EO 109- Local Exchange Carrier Service Law- International Gateway Facility Operator mandated to install 300,000 lines in three years from 1995 to 1998.i. EO 9- Creation of the Y2K Commissionj. EO 266- Continuing Professional Education (CPE)- Refers to the inculcation, assimilation and acquisition of knowledge, skills, proficiency, and ethical and moral values to raise and enhance the professional level of performance.k. PD 55- The privacy of Communications and Illegal Wire-Tapping and Eavesdropping Violation

l. PD 401- Law of Unauthorized Telephone Connectionsm. PD 217- Establishing Basic Policies for the Telephone Industry- Limits the self-financing plan to 50% maximum cost for the installed telephone line.n. PD 223- Creation of the Professional Regulations Commissionp. PD 576-A- Regulating the ownership and operation of radio and TV stations and for other purposes- No person or corporation may own, operate or manage more than 1 radio or TV station in 1 municipality or city; nor more than 5 AM or 5 FM radio stations, no more than 5 TV channels in the entire country, and no radio or TV station shall be utilized by any single interest group to disseminate information or otherwise influence the public or the government to serve and support the ends of such group

Department/Ministry Orders Issued by the DOTC Secretarya. DO 5, s.1948- Rules and Regulations Governing Commercial Radio Operators- Radio Operators Certificate (license) shall have maximum period of 3 years effectivity, renewable 30 days before expiration- Issued to at least 18 years of ageb. DO 7- Rules and Regulations Governing Radio Trainingc. DO 6 - Rules and Regulations Governing Land Mobile Radio Stations

d. DO 11- general rules and regulations governing the construction, installation establishment or operation of radio stations and the possession or ownership, construction or manufacture, purchase, sale and transfer of transmitters or transceivers in the Philippines

Permits being Issued by the National Telecommunications Commission

Permit to PossessPermit to OwnPermit to TransferDealers PermitPurchase Permit; 180 days maximum period validity Permit to import; 90 days maximum period of validity

7.Construction Permit; 30 days, 60 days, 90 days period of validityPermit to sellPermit to Purchase, Sell, Supply, or Grind Transmitter CrystalDealers Permit or Manufacturers Permit for Transmitter CrystalPermit for Movement or Transport of Communication EquipmentPermit to demonstrate/ propagate; 30 days maximum period of validityRadio Communication equipment dealer permit; 1 year maximum period of validityRadio Communication equipment manufacture permit; 1 year maximum validity Radio Communication equipment service center permit; 1 year maximum period of validitye. DO 88 - Rules and Regulations Governing The Services of Registered ECE

Department Circulars/ NTC Memorandum Circularsa. NTC MC 9-7-98- Implementing guidelines for the issuance of Restricted Operators Certificate for Low Powered Shipb. NTC MC 7-08-85- Implementing guidelines for the issuance of restricted operators certificate for land mobile station- RLM Certificate issued for an at least 18 years old, do not requires examination and maybe issued for maximum of 5 years renewable 30 days before expiration.c. NTC MC 14-89- Government Radio Operator Certificated. NTC MC 11-8-92- Radio Operators Certificate (License)e. NTC MC 11-89- ECE graduates to take Regular Commercial Radiotelephone Operators Exam

f. NTC MC 1-1-96- General Operators Certificateg. NTC MC 2-1-93- Satellite Television Receive Only Station (TVRO)h. DOTC 93-273- Domestic Satellite Communication Policyi. DOTC DC 94-277- International Satellite Communication Policyj. DOTC DC 98-01- Global Mobile Personal Communications by Satellite (GMPCS) Policyk. NTC MC 8-6-96- PHILCOMSAT as Additional Accounting Authorityl. DC 92-296- Cellular Mobile Telephone Systems Policym. NTC MC 9-10-97- Public Mobile telephone Servicen. DOTC DC 91-260- Guidelines for Rationalization of LEC Services

o. NTC MC 3-2-2000- Efficient Radio Frequency availability Program (ERAP)p. NTC MC 5-3-2000- Guidelines on Annual Testing of 406 MHZ Satellite Emergency Positioning Indicating Radio Beacon (EPIRB)q. NTC 9-3-2000- Radio Frequency Allocation for Cellular Mobile Telephone Servicer. NTC MC 11-4-2000- Amendment to age qualification of an applicant to qualify for the Licensure Examinations. NTC MC 14-7-2000- Implementing Rules and Regulations (IRR) for the interconnection of authorized Public Telecommunications

Latest Memorandum Circularsa. NTC MC No. 05-08-2005- Voice over Internet Protocol (VOIP) as a value added serviceVoice Over Internet Protocol (VOIP) Service- The provision of voice communication using internet protocol (IP) technology, instead of traditional circuit switched technologyValue Added Services (VAS)- Refer to enhanced services beyond those ordinarily provided for by local exchange and inter exchange operators, and overseas carriers through circuit switched networks.Customer-Premises Equipment (CPE)- Refers to equipment located in the premises of a customer which is not part of but are connected directly to the system or network of the PTEEnhanced Services- Services that improve upon the quality and/or functionality of services ordinarily offered by local exchange and interexchange operators and overseas carriersPublic Telecommunications Entity (PTE)- refers to any person, firm, partnership or corporation, government or private, engaged in the provision of telecommunications services to the public for compensation

b. NTC MC No. 06-08-2005- Frequency Band Allocations for Broadband Wireless Access- NTC re-allocates the following bands for broadband wireless access for fixed, nomadic and mobile networks:450-470 MHZ1900-1910 MHZ1980-1990 MHZ2400-2483 MHZ2500-2700 MHZ3400-3600 MHZ5150-5350 MHZ5470-5850 MHZ10150-10650 MHZc. NTC MC No. 07-08-2005- Rules and Regulations on the Allocation and assignment of 3G Radio Frequency

- The following radio frequency bands as identified by the International Telecommunications Union (ITU) are hereby re-allocated for the use of International Mobile Telecommunications (IMT2000) or 3G mobile telecommunications in the Philippines and shall form part of the National Radio Frequency Allocation Table (NRFAT), namely:825-845 MHZ*870-890 MHZ*1880-1900 MHZ1920-1980 MHZ2110-2170 MHZ2010-2025 MHZNote: * These frequencies are currently assigned to existing CMTS operators- The above allocated frequency bands shallbe made available for assignment to morethan five (5) qualified public telecommunications entities (PTE) d. NTC MC No. 04-07-2005- Extension of the UHF TV Broadcast Band

Board Resolution and Circularsa. BECE Resolution No.3- implementing rules and regulations governing the practice of ECE in the Philippines on MATV, CATV and CCTV. Paging and Background Music System, Telephone and Installationb. BECE Circular No. 85-09- Revision of the subjects in ECE Licensure Exams from 8 subjects to 3 subjectsRepublic Acts/Actsa. Act 3846- Radio Control Law in the Philippines- An act providing for the regulation of radio stations and radio communications in the PhilippinesGeneral Classification of Radio Stations Required of Franchise1. A Radio Transmitting Station for Commercial Purposes2. A Receiving Station for Commercial Purposes3. A Radio Broadcast Station

General Classifications of Radio Stations Not Required to FranchiseAmateur StationExperimental StationTraining StationMobile Radio StationA Private Station in a place so out lying and so remoteBroadcasting Stations established/ operating on or before November 11,1931Philippine Government Radio StationRadio Stations in US Military BasesCitizens Radio StationSpecial Communications ServicesFranchise a right, privilege or power of a public concern which ought not to be exercise by a private individual at his will and pleasure but should be preserved for public control of administrations, either by the government directly or by public interest under such regulations or provision as the government may impose in the public interest and for public safetyCertificate of Public Convenience and Necessity (CPCN) a regulatory measure which constitutes the franchisees authority to commence operation issued by the NTC

Certificate of Public Convenience (CPN) Any authorization to operate a public service issued by the NTC for which no franchise either municipal or legislative, is requiredRadio Station License A certificate or written authority issued by the NTC to a person, firm, company, association or corporation authorizing the whole or thereof to operate a radio station during a period specified in the said instrument or authorizationb. Act 3396- Ship Radio Station Lawc. Act 3997 of 1932- Radio Broadcasting Law- Requires minimum of 6 hours daily of governmental news, information and education programs- Penalty of P 25.00 up to P 200.00 for each offense - Repeal Act 3338- Further enhanced and updated by the KBP standards with incumbent President Ruperto Nicdaod. R.A 4200- The Anti Wire-Tapping Lawe. R.A 6849- Municipal Telephone Act of 1989- Created the Municipal Telephone Project Office (MTPO), with 10 years project lifespan

f. R.A 7925- Public Telecommunications Policy Act of the Philippines- All telecommunications entities shall offer though stock exchanges at least 30% of its aggregate common stocks within 5 years from the date of effectivity of this act.g. R.A 8370- Childrens Television Law - Children was defined as well all persons below 18 years old- Requires a minimum of 15% of the daily total airtime for each broadcasting network shall be allotted for child-friendly showsh. R.A 7394- The Consumers Acti. R.A 8293- The Electronics Commerce Actj. R.A 8293- Intellectual Property Code of the Philippines- The Constitution recognizes and protects the exclusive rights of scientists and inventors to their discoveries and inventions, authors and artists and other gifted citizens to their writings, arts, and other intellectual property and creations, in order that they may enjoy whatever pecuniary benefits and reputation they may gain from works of their creation particularly when beneficial to people.

Intellectual Property- Original creative works that have economic value and are protected by Law. Intellectual property laws reward the creators of original works by preventing others from copying, performing, or distributing those works without permission. They also provide incentives for people to produce scientific and creative works that benefit society at large.Forms of Intellectual Propertya. Trademark- any word or symbol used by manufacturers or sellers to identify their goods and distinguish them from the goods of others.b. Patent- a legal document granted by the government giving an inventor the exclusive rights to make use, and sell an invention for a specified number of years (normally, 20 years)c. Copyright- branch of law granting authors the exclusive privilege to reproduce, distribute, perform or display their creative worksk. R.A 5734- Electronics and Communications Engineering Law of the Philippinesl. R.A 9292- Electronics Engineering Law

Republic Act 5734Republic Act 9292Electronics and Communications Engineering Law of the PhilippinesElectronics Engineering Law of 2004Enacted both by the Senate and the House of Representatives on May 22, 1969Enacted both by the Senate and the House of Representatives on May 27, 2004Approved into law by President Ferdinand Edralin MarcosApproved into law by President Gloria Macapagal-Arroyo on April 17, 2004Effectivity of the law is on May 27, 2004

Pre-qualifications for Board Exam At least 21 years old Filipino citizen or a foreigner qualified under section 23-Foreign Reciprocity Law Of Good Moral character Holder of BSECE degree or its equivalent

Pre-qualifications for Board Exam At least 18 years old Filipino citizen or a foreigner qualified under section 33-Foreign Reciprocity Law Of Good Moral character Holder of BSECE degree or its equivalent

Qualifications of Board Members Citizen/resident of the Philippines At least 31 years of age Of good moral character A registered ECE In active practice of ECE occupation for at least 10 years Not a member of ECE faculty of a school or has stopped teaching for at least three (3) consecutive years Not financially interested directly or indirectly in any school/institution where ECE is taughtQualifications of Board Members Citizen/resident of the Philippines for at least five (5) consecutive years prior to his/her appointment Of good moral character and integrity A member of good standing of the Accredited Professional Organization In active practice of ECE occupation for at least 10 years prior to his appointment, either In self- practice, or employment in government service and/or in private sector Not financially interested directly or indirectly in any school/institution where ECE is taught Not have been convicted of any offense involving moral turpitude

Republic Act 5734

Republic Act 9292

Qualifications of Board Members Citizen/resident of the Philippines At least 31 years of age Of good moral character A registered ECE In active practice of ECE occupation for at least 10 years Not a member of ECE faculty of a school or has stopped teaching for at least three (3) consecutive years Not financially interested directly or indirectly in any school/institution where ECE is taughtQualifications of Board Members Citizen/resident of the Philippines for at least five (5) consecutive years prior to his/her appointment Of good moral character and integrity A member of good standing of the Accredited Professional Organization In active practice of ECE occupation for at least 10 years prior to his appointment, either In self- practice, or employment in government service and/or in private sector Not financially interested directly or indirectly in any school/institution where ECE is taught Not have been convicted of any offense involving moral turpitude

Republic Act 5734

Republic Act 9292

Power and Duties of the Board1. Administer the Provision of R.A 57342. Administer Oaths3. Issue, suspend or revoke certificate of registration4. Study the conditions affecting the ECE profession5. Study, examine and prescribe , in cooperation with CHED, the essential requirements as to the curricula and facilities of ECE schools6. Recommends to CHED the granting of school permits or authorization of opening of ECE schools7. Investigate violations of R.A 57348. Establish and administer a code of ethics and fair practice of ECEs9. Recommend and adopt measure for advancement of ECE profession in keeping the progress of the country10. Promulgate rules and regulations of R.A 5734Power and Duties of the BoardAdminister/Implement the provisions of R.A 9292Administer Oaths in connection with the administration of this actIssue, suspend, or revoke certificate of registrationMaintain a roster of Professional Electronics Engineers, Electronics Engineers and Electronics TechnicianIssue, suspend and/or cancel special permits to foreign Professional Electronics Engineers, Electronics Engineers and Electronics TechnicianPrescribe, amend, or revise the requirements for licensing of Professional Electronics EngineersAdopt a program for the full computerization of licensure examGrant registration without examination, subject to review and approval by the Commission in accordance with the provisions of this act

Republic Act 5734

Republic Act 9292

Power and Duties of the BoardStudy, examine and recommend, in coordination with CHED and TESDA the essential requirements as to the curricula and facilities of ECE schoolsInspect educational institutions and recommend to CHED and TESDA the granting of permits or authorization, opening, improvement or upgrading o closure of such colleges or programsAdopt and administer a Code of Ethics of Technical Standards of Practice for Professional Electronics Engineers, Electronics Engineers or Electronics TechnicianPromulgate Rules and Regulations of R.A 9292Promulgate a program for continuing professional education and/or developmentPrescribe a minimum manning and manpower requirementsFormulate, prescribe and adopt rules and regulations for electronics installations in industrial plants, commercial establishments and other building structures

Republic Act 5734

Republic Act 9292

Power and Duties of the BoardStudy the conditions affecting the Professional Electronics Engineers, Electronics Engineers and Electronics TechnicianHear and decide violations of this ActDelegate a hearing or investigation of administration cases filed before it to authorize officers of the CommissionPromulgate resolution, order and/or decisions on such administrative casesSubmit an annual action plan and corresponding report in the beginning and close of each fiscal yearDischarge as other powers and functions as the Board and the Commission may deem necessary for practice of the profession and the upgrading enhancement, development and growth

Republic Act 5734

Republic Act 9292

Removal of Board MembersContinued neglect of dutyIncompetence Commission or tolerance of irregularities in the examMalpractice Unprofessional or unethical conductRemoval of Board MembersNeglect of DutyIncompetenceManipulation or rigging of licensure examination resultsDisclosure of secret information of licensure examination questions prior to the conduct of the said examination or tampering of the gradesUnprofessional or unethical conductSuspension/Revocation of Certificate of Registration Ground/CausesUnprofessional and unethical conductMalpracticeIncompetenceWhere fraud, deceit or false statement was employed in obtaining the certificate of registrationUnsound MindImmoral or Dishonorable ActConviction of a court of any crime involving moral turpitudeSuspension/Revocation of Certificate of Registration Ground/CausesUnprofessional and unethical conductMalpracticeIncompetenceWhere fraud, deceit or false statement was employed in obtaining the certificate of registrationUnsound MindImmoral or Dishonorable ActConviction of a court of any crime involving moral turpitude

Republic Act 5734

Republic Act 9292

Penal Provisions

PenaltiesP 2,000.00 P 5,000.00

OffensesFalse or fraudulent statement obtaining certificate of registration Use of anothers licensePresent or use a revoked/suspended licenseAssume, use or advertise as ECE with no licenseStamp or seal any document with an expired, suspended or revoked certificateSign, affix, seal on plans or document prepared by anotherEngage in illegal private communicationViolate any rules and regulation of R.A 5734Penal Provisions

PenaltiesP 100,000.00 P 1,000,000.00 or imprisonment of not less than six months nor more than six years

OffensesFalse or fraudulent statement obtaining certificate of registration Use of anothers licensePresent or use a revoked/suspended licenseAssume, use or advertise as ECE with no licenseStamp or seal any document with an expired, suspended or revoked certificateSign, affix, seal on plans or document prepared by anotherEngage in illegal private communicationViolate any rules and regulation of R.A 5734

Republic Act 5734

Republic Act 9292

Schedule of Examination April November

Schedule of Examination April November

Ratings in the ExaminationAverage >=70% with no rating


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