RADIO LAWS AND REGULATIONS

• ACT 3846

• NATIONAL TELECOMMUNICATIONS COMMISSION

• RA 7925

Engr. Samuel S. Sabile, PECEActing ChiefDomestic and International Carrier Services DivisionCommon Carrier Authorization DepartmentNational Telecommunications Commission016 January 2011

List of Laws, Rules and Regulations affecting the ECE Profession

1. The PHILIPPINE CONSTITUTION

2. ECE LAW ECE Act of the Philippines (R.A. 9292)

3. ICT ELECTRONIC COMMERCE ACT (R.A. 8792) 

4. TELECOM LAWS Public Telecom Act of 1995 (R.A. 7925) – Liberalization of Telecom

Service Act 3846 as amended by Commonwealth Act 571 and RA 584 EO 546 – Creation of the Telecom and Broadcast Regulatory Agency:

the NTC Department Order No. 88 dated December 28,1972 Commonwealth Act No. 146 (The Public Service Law) 11-07-1936 EO 59 (Policy on interconnection of public telecom carriers) EO 109 (Provision of Local Exchange Service)

List of Laws, Rules and Regulations affecting the ECE Profession

5. BROADCAST LAWS Act 3846 PD 576A (111Policy ;1TV, 1AM, 1FM ) Commonwealth Act EO346 (restriction on area of operation) EO 269 (Policy Guidelines for CATV operation)

6. NTC MEMORANDUM CIRCULARS and IRR Implementing Rules and Regulations (RA 7925) Memorandum Circulars NTC Memorandum Circular No. 7-07-86 (Interconnection

Rules)

7. DEPARTMENT ORDERS D.O. 11 (Act 3846 IRR)

8. IECEP Amended By-Laws of IECEP ECE Code of Ethics

9. PRC PRC Modernization Act of 2000 (R.A. 891) PRC Resolution No. 3 Series of 1975

THE GENERAL NATURE OF LAW LAW- means any rule of action or any system

of uniformity

GENERAL DIVISIONS OF LAW

1)Law which is promulgated and enforced by the state

2)Law which is not promulgated and enforced by the state

SUBJECTS OF LAW

RULE OF ACTION STATE LAW - DIVINE LAW NATURAL LAW MORAL LAW PHYSICAL LAW

Divine Law – law of religion and faith w/c concerns itself with the concept of sin and salvation

1. Source – God, by direct revelation to men

2. Sanction – rewards and punishments in present life or in life to come

Romans 2 (God’s righteousness)

11 For there is no respect of persons with God.

12 For as many as have sinned without law shall also perish without law: and as many as have sinned in the law shall be judged by the law;

13 For not the hearers of the law are just before God, but the doers of the law shall be justified. …

MORAL LAW – totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community

PHYSICAL LAW – laws in the operation or course of nature, (Laws of physical science or physical law). It operates on all things, including men, without regard to the latter’s use of their will power and intelligence.

A PHYSICAL LAW OR SCIENTIFIC LAW is a scientific generalization based on empirical observations of physical behaviour (i.e. the law of nature). Laws of nature are observable.

Scientific laws are empirical, describing observable patterns. Empirical laws are typically conclusions based on repeated scientific experiments and simple observations, over many years, and which have become accepted universally within the scientific community.

NATURAL LAW – the divine inspiration in man of the sense of justice, fairness, and righteousness, not by divine revelation or formal promulgation, but by the internal dictates of reason alone.

STATE LAW – law that is promulgated and enforced by the state

- also known as the positive law, municipal law, civil law, or imperative law.

- Examples: Republic Act, Memorandum Circulars, Administrative Order, Local Govt. Ordinances… etc.

CONCEPTS OF STATE LAW1.General Sense – mass obligatory rules

established for the purpose of governing the relations of persons in society. - law of the land, rule of law and not of men,

equality before the law, enforcement of law

2. A rule of conduct, just, obligatory, promulgated by legitimate authority and of common observance and benefit.

CHARACTERISTICS OF LAW

1. It is a rule of conduct

2. It is obligatory

3. It is promulgated by legitimate authority

4. It is common observance and benefit

SOURCES OF LAW

1. Constitution

2. Legislation

3. Administrative or Executive Orders, Regulations and Rulings

4. Judicial decisions or jurisprudence

5. Custom

6. Other Sources

ORGANIZATION OF COURTS1.Regular Courts- Court of Appeals, Regional

Trial Court, Metropolitan Trial Courts, Municipal Trial Court, Municipal Circuit Trial Courts

2.Special Courts – Court of Tax Appeals, Sandiganbayan (Decides graft cases)

3.Quasi-judicial Agencies – administrative bodies under the executive branch performing quasi-judicial functions, like NLRC, HLURB, SEC, LTFRB, IC, CSC, COMELEC, NTC, etc.

Quasi-judicial – involves settlement or adjudication of controversies or disputes

CLASSIFICATIONS OF LAW1. Substantive Law - Substantive law refers to the

body of rules that determine the rights and obligations of individuals and collective bodies. Substantive law refers to all categories of public and private law, including the law of contracts, real property, torts, and Criminal Law

2. Procedural law is the body of legal rules that govern the process for determining the rights of parties. Also called adjective Law or remedial law.

3. As to the subject matter – Public law, international law, administrative law, private law

Public law is that area of constitutional, administrative, criminal, and International Law that focuses on the organization of the government, the relations between the state and its citizens, the responsibilities of government officials, and the relations between sister states.

It is concerned with political matters, including the powers, rights, capacities, and duties of various levels of government and government officials.

Public law refers to an act that applies to the public at large, as opposed to a private law that concerns private individual rights, duties, and liabilities.

THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

PREAMBLE ARTICLE I National TerritoryARTICLE IIDeclaration of Principles and State PoliciesARTICLE III Bill of Rights ARTICLE IV Citizenship ARTICLE VSuffrage ARTICLE VI The Legislative Department ARTICLE VII Executive DepartmentARTICLE VII Judicial DepartmentARTICLE IX Constitutional Commissions ARTICLE X Local GovernmentARTICLE XI Accountability of Public OfficersARTICLE XII National Economy and Patrimony ARTICLE XIII Social Justice and Human Rights ARTICLE XIV Education, Science, Technology, Arts,

Culture and Sports ARTICLE XV The FamilyARTICLE XVI General ProvisionsARTICLE XVII Amendments or RevisionARTICLE XVIII Transitory Provisions

National Economy and Patrimony

Section 11. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines at least sixty per centum of whose capital is owned by such citizens, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years.

National Economy and Patrimony

Section 11. ……….The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital, and all the executive and managing officers of such corporation or association must be citizens of the Philippines.

RADIO LAWS AND

REGULATIONS

ACT NO. 3846

AN ACT PROVIDING FOR THE REGULATION OF RADIO STATIONS AND RADIO COMMUNICATIONS IN THE PHILIPPINE ISLANDS, AND FOR OTHER PURPOSES

November 11, 1931

SECTION 1

No person, firm, company, association or corporation shall construct, install, establish, or operate a radio station within the Philippine Islands without having first obtained a franchise therefor from the Philippine Legislature;

SECTION 1

Provided however, that no franchise from the Legislature shall be necessary for the construction, installation, establishment or operation of an amateur station, an experimental station, a training station, a station on board a mobile vessel, train, or aircraft, or a private station in a place without any means of communication.

Section 2

The construction or installation of any station shall not be begun, unless a permit therefor has been granted by the National Telecommunications Commission.

No station shall be operated except under and in accordance with the provisions of a license issued therefor by the (NTC).

Section 2 The license shall state the dates between

which the station may be operated. If a renewal is desired, the licensee shall

submit an application to the NTC at least two (2) months before the expiration date of the license to be renewed.

The NTC shall determine the period for which each license is issued;

Provided, that no license shall be issued for a longer period than three (3) years.

SECTION 3

The National Telecommunications Commission is hereby empowered to regulate the establishment, use, and operation of all radio stations and of all forms of radio communications and transmissions within the Philippine Islands and to issue such rules and regulations as may be necessary.

Powers and Duties of NTCIn addition to the above, it shall have the following specific powers and duties:

a) He shall classify radio stations and prescribe the nature of service to be rendered by each class and by each station within any class; b) He shall assign call letters and assign frequencies for each station licensed by him and for each station established by virtue of a franchise granted by the Philippine Legislature and specify the stations to which each such frequency may be used;

Powers and Duties of NTCc) He shall make rules and regulations to prevent

and eliminate interference between stations and to carry out the provisions of this Act and the provisions of International Radio Regulations: Provided however, that changes in the frequencies or in the authorized power, or in the character of omitted signals, or in the type of the power supply, or in the hours of operation of any licensed station, shall not be made without first giving the station a hearing;

d) He may establish areas or zones to be served by any station;

e) He may make special rules and regulations applicable to radio stations engaging in chain broadcasting;

Powers and Duties of NTC

f) He may make general rules and regulations requiring stations to keep records of traffic handled, distress, frequency watches, programs, transmissions of energy, communications or signs;

g) He may conduct such investigations as may be necessary in connection with radio matters and hold hearings, summon witnesses, administer oaths and compel the production of books, logs, documents and papers;

Powers and Duties of NTCh) He may prescribe rules and regulations to be

observed by radio training schools; he may supervise the course and method of instruction therein, and he may refuse to admit to examinations for radio operators' licenses graduates of any radio school not complying with the regulations;

i) He shall prescribe rates of charges to be paid to the Government for the inspection of stations, for the licensing of stations, for the examination of operators, for the licensing of operators, for the renewal of station or operator licenses, and for such other services as may be rendered;

j) He is hereby empowered to approve or disapprove any application for the construction, installation, establishment or operation of a radio station;

Powers and Duties of NTC

k) He may approve or disapprove any application for renewal of station or operator license: Provided however, that no application for renewal shall be disapproved without giving the licensee a hearing;

l) He may, at his discretion, bring criminal actions against violators of the radio law or the regulations; or simply suspend or revoke the offender's station or operator's licenses; or refuse to renew such licenses; or just reprimand and warn the offenders;

Powers and Duties of NTC

m) The location of any station, and the power and kind or type of apparatus to be used shall be subject to his approval;

n) He shall prescribe rules and regulations to be observed by stations for the handling of SOS messages and distress traffic: Provided, that such rules and regulations shall not conflict with the provisions of the International Radio Regulations.

SECTION 4 No radio station license shall be transferred to any

person, firm, company, association or corporation without express authority of the NTC, and no license shall be granted or transferred to any person who is not a citizen of the of the Philippines; or to any firm or company which is not incorporated under the laws of the Philippines; or to any company or corporation twenty percent (20%) of whose capital stock may be voted by aliens or their representatives, or by a foreign government or its representatives, or by any company, corporation, or association organized under the laws of a foreign country.

SECTION 5

The privileges granted in any station license shall not be exclusive.

SECTION 6.

The President of the Philippines, in time of war, public peril, calamity, or disaster, may cause the closing of any radio station in the Philippines; or may authorize the temporary use or possession thereof by any department of the Government upon just compensation to the owners.

SECTION 7 (Secrecy of Communication)

A person to whom or through whom a message has been submitted for transmission shall not willfully publish or divulge the contents, substance, purport, effect, or meaning thereof to any unauthorized person;

and no person not being authorized by the sender or the addressee shall intercept any message or communication and willfully divulge or publish the contents, substance, purport, effect, or meaning of such intercepted message or communication to any person;

and no person not being entitled thereto shall receive, or assist in receiving, any message or communications and use the same or any information therein contained for his benefit or for the benefit of another not entitled thereto;

SECTION 7 (Secrecy of Communication)

and no person having received such intercepted message or communication, or having become acquainted with the contents, substance, purport, effect, or meaning of the same or any part thereof, knowing that such information was so obtained, shall divulge or publish the contents, substance, purport, effect, or meaning of the same or any part thereof, or use the same or any information therein contained for his own benefit or for the benefit of another not entitled thereto:

Provided, that this section shall not apply to the transmitting, receiving, divulging, publishing or utilizing the contents of any message or communication broadcasted or transmitted by amateurs or others for the use of the general public or relating to ships in distress.

SECTION 8

The NTC is hereby authorized to create a Radio Regulation Section, Division, or Office, which shall take charge of carrying out the provisions of this Act and of the regulations prescribed by him, or to delegate temporarily the duties herein conferred upon him and the enforcement of the regulations prescribed by him, to any bureau or office under his department, subject to his general supervision and control.

SECTION 9

The provisions of this Act shall not apply to radio stations of the Philippine Government. Foreign mobile stations temporarily located within the Philippine Islands shall be exempt from the provisions of this Act: Provided, however, That they shall be subject to the provisions of the International Radiotelegraph Regulations.

SECTION 10.

The powers vested in and the duties imposed upon the Director of Posts by Act Numbered Thirty-three hundred and ninety-six are hereby transferred to the NTC, ….

SECTION 11 Act Numbered Thirty-two hundred and

seventy-five, entitled, "An Act to Amend Article One of Chapter Fifty-two and Section Twenty-seven hundred and fifty-seven of the Administrative Code, Providing for the Effective Radio Control," is hereby repealed:

Provided however, that such repeal shall not affect any act done, or any right accrued, or any suit or proceeding had or commenced in any criminal or civil cause, prior to said repeal.

PENAL PROVISION SECTION 12. Any person who shall violate any

mandatory or prohibitory provision of this Act, or any mandatory or prohibitory provision of the regulations prescribed by the NTC under this Act, or any mandatory or prohibitory provision of the International Radio Regulations, upon conviction thereof by a court of competent jurisdiction, shall be punished by a fine of not more than two thousand pesos (P2000.00) or by imprisonment for not more than two (2) years or both, for each and every offense.

SECTION 13

Any firm, company, corporation or association failing or refusing to observe or violating any provision of this Act, or any provision of the regulations prescribed by the NTC under this Act, or any provision of the International Radio Regulations, shall be punished by a fine of not more than five thousand (P5,000.00) pesos for each and every offense.

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ENGR. SAMUEL S. SABILEENGR. SAMUEL S. SABILE

Common Carrier Authorization DepartmentCommon Carrier Authorization Department

NATIONAL TELECOMMUNICATIONS COMMISSIONNATIONAL TELECOMMUNICATIONS COMMISSION

ENGR. SAMUEL S. SABILEENGR. SAMUEL S. SABILE

Common Carrier Authorization DepartmentCommon Carrier Authorization Department

NATIONAL TELECOMMUNICATIONS COMMISSIONNATIONAL TELECOMMUNICATIONS COMMISSION

REGULATORY STRUCTURES

National Telecommunications Commission

Sole body that exercises jurisdiction over the supervision and regulation of all telecommunications and broadcast networks and services.Created under EO 546 s1979 Exercises regulatory with quasi-judicial powerPromulgates and implements guidelines, rules and regulations relative to the establishment, operation and maintenance of telecoms and broadcast facilities and services nationwide and the protection and promotion of public interest and welfare

NTC Head Office , Quezon City

TELECOMS POLICY STRUCTURE TELECOMS POLICY STRUCTURE

POLICY MAKING BODIES

Office of the President Congress of the Philippines DOST (FORMERLY: Commission on Information and

Communications Technology (CICT)

REGULATORY BODY

National Telecommunications Commission

Policy and Regulatory Process •Congress enunciates policies through legislative process. Office of the President issue policy guidelines through public consultation process.

•National Telecommunications Commission in implementing the policies promulgates rules and regulations after conducting public consultations and hearings. The Commission is a collegial body under the administrative supervision of the Office of the President.

•It has an independent quasi-judicial power. Decisions of the Commission are appealable only before the Court of Appeals and the Supreme Court.

•The Commissioners do not have fixed term of office. The budget of the Commission is approved by Congress.

PROCEDURE IN THE PROMULGATION OF RULES

Consultative paper is prepared and released for comments

Considering the comments received, the first draft of the rules is prepared

Notice of public hearing is published in newspaper of general circulation

Public hearings are conducted

In cases where there is consensus, the Rules are promulgated based on the consensus; where there is no consensus the Commission decides and promulgates the Rules

The promulgated Rules are published in newspaper of general circulation and posted at the NTC website.

Visit us at NTC website www.ntc.gov.ph