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Ece Laws Report

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R.A. 7925 : THE PHILIPPINE PUBLIC TELECOMMUNICATIONS POLICY ACT
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R.A. 7925 : THE PHILIPPINE PUBLIC TELECOMMUNICATIONS POLICY ACTMemorandum Circular No. 10-11-2005 Guidelines on the cablecasting of CATV channels with "Chatroom" formatsPursuant to Executive Order 205 (Regulating the Operation of Cable Antenna Television in the Philippines), Executive Order 546 series of 1979, and in line with the Commission's mandate on the promotion and protection of consumer welfare, the following guidelines are hereby promulgated on the cablecasting of Cable TV (CATV) channels with "chatroorn" formatsSection 1 SCOPE AND COVERAGE1.1 All Cable TV (CATV) stations cablecasting channels with "chatroorn formats shall be covered by this Memorandum Circular and the measures contained herein in connection with the operation of their "chatroorn channels.

1.2 Cable TV (CATV) channels with "chatroom" formats refer to interactive channels that enable viewers to interact and send messages via SMS (short message service) for reception by the viewing public.Section 2 GENERAL PROVISIONS2.1 All Cable TV (CATV) stations cablecasting channels with "chatroom formats are required to employ the use of Automated Filter Dictionary (AFD) for their "chatroorn" channels. The software for the Automated Filter Dictionary (AFD) shall have the following capability:a. to automatically mask pre-determined words or phrases not suitable for cablecastingb. 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 previous banned from the "chatroom"2.2 Cable TV (CATV) operators with "chatroorn" channels shall be responsible for putting up an Administrator to oversee the operation of the "chatroom". The Administrator shall be responsible for the operation of the Automated Filter Dictionary and the updating of its database, among others.2.3 The Administrator shall be operated whenever the channel is cablecasted and shall be situated at the head-end station of the Cable TV or at a remote location duly registered and approved by the Commission.2.4 All "chatroom" channels shall be required to place an Advisory informing all chatroom users to refrain from sending messages containing indecent, profane, obscene, malicious language and content, and all other words and phrases not suitable for cablecasting.2.5 All Cable TV (CATV) operators are hereby reminded to strictly comply with the 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

MEMORANDUM CIRCULARNO. 11-11-2005GUIDELINES FOR SHARING/CONSOLIDATION OF HEAD-END FACILITIES OF CABLE TELEVISION STATIONSIn order to allow cable television operators to take advantage of economies of scale and optimize the use of resources, and to further improve their service to subscribers, the Commission hereby sets forth the following procedure for consolidation/sharing of headend facilities by two or more cable television operators:1. The sharing of head-end facilities by two or more CATV systems shall require the approval of the Commission.2. A CATV operator intending to share head-end facilities shall duly notify the Commission of its intent. A grantee of a Provisional Authority or Certificate of Authority (PA/CA) shall file a motion before the Commission, while applicant shall either indicate in its original application or in a motion filed for such purpose.3. A Memorandum of Agreement (MOA) and a technical feasibility report shall be 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 for CATV systems, especially with the cable size requirements, and good signal quality 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 NTC technical standards, rules and regulations that results from or in relation to the sharing of the head-end, between or among the concerned parties.5. Existing CATV operator serving adjoining/contiguous municipalities/cities may be 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 a technical feasibility report indicating compliance with the technical standards for CATV systems.6. The concerned CATV operators shall still secure and maintain their respective TVRO and CATV licenses notwithstanding the sharing of head-end facilities.

7. The Commission shall not approve the sharing of head-end facilities by CATV operators who have failed to fully comply with the conditions indicated in their authorities, or against which there are pending administrative cases for unauthorized retransmission of cable programs.Memorandum CircularNo. 01-03-2006Program Standards for Radio and TV Broadcast and Cable TV StationsWhereas, the National Telecommunications Commission (NTC) is the government agency vested with the authority to formulate and implement policies, plans, programs, rules and regulations in the establishment, maintenance, and operation of broadcast facilities, systems and services throughout the country;Whereas, the NTC recognizes that the freedom and independence of the broadcast media is essential to the broad protection accorded to our fundamental civil rights to freedom of speech and the right to true and accurate information, and must thus be safeguarded for the proper performance of its role in a democratic society;Whereas, the NTC reiterates its recognition of the Kapisanan ng mga Brodkaster sa Pilipinas (KBP), as the self-regulatory body for the broadcast media in the Philippines, as it had under the 1984 Instrument of Understanding, 1991 Memorandum of Agreement and the 1999 Memorandum of Understanding, as well as the NTC's continued adoption of its program standards in the KBP Radio and Television Codes which KBP has developed and institutionalized, as it did since the issuance of NTC Memorandum Circular 3-4-85;Whereas, NTC is not herein issuing a new set of guidelines since existing KBP program standards, and this Commission's Memorandum Circular No. 11-12-85 and Memorandum Circular No. 22-89, which are likewise part of KBP program standards, constitute sufficient and widely-accepted benchmarks by the broadcasting industry, and remain to be an appropriate and relevant set of standards to govern and ensure responsible radio and television broadcasting, as well as cablecasting, in order to protect the public interest in times of normalcy and even during times of armed conflict, public peril, calamity, or other national emergency;Whereas, the NTC supports KBP's strict injunction for broadcast stations not to allow their facilities to be used for advocating the overthrow of government by force or violence, and to not allow the broadcast of materials which tend to propose/incite treason, rebellion, sedition, or pose a clear and present danger to the State;Whereas, the KBP shares the government's concern that the coverage of troop movements are highly sensitive in nature for reasons of national defense and national security implications, and should thus exclude information that may identify the location of the troops or provide/show identifiable land marks, give troop estimates, identify troop personnel, or their destination or direction;Whereas, the supervision of the broadcast and cable TV industries by government or through self-regulation by the broadcast and cable industry themselves calls for the thoughtful and reasonable discretion, and fealty at all times to the observance of due process;Whereas, not only is it the government and broadcast media's responsibility to know, but it is equally the right of the general public to be informed of the accepted program standards;WHEREFORE, pursuant to the powers vested upon the NTC, for the reference and guidance of radio and television broadcasting stations and cable TV stations, and for the information of the general public, the NTC hereby adopts the existing program standards of KBP as set forth in the KBP Radio and Television Codes and in other relevant KBP circulars, including those contained in KBP Circular 06-016 dated 27 February 2006, and hereby reiterates and adopts all the provisions of Memorandum Circular No. 11-12-85 and Memorandum Circulars No 22-89.All broadcast media and cable TV entities must conform to the abovementioned guidelines.Pursuant to the Memorandum of Agreement dated 24 September 1991 among the Department of Transportation and Communications, the National Telecommunications Commission and the KBP, it is hereby reiterated that all complaints against any KBP member directly filed before the DOTC or the NTC for violations of broadcast laws, NTC rules and regulations, and KBP Radio and Television Codes and relevant circulars, shall be immediately remanded to the KBP Standard Authority for consideration and adjudication. While all complaints against any other broadcast entity, upon due notice and hearing, shall be immediately acted upon by NTC.


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