Broadcast / Catv / Satellite

BROADCAST / CATV / SATELLITE
ACT NO. 3997 AN ACT CREATING A NATIONAL RADIO BROADCASTING FUND OUT OF ANNUAL REGISTRATION FEES ON RADIO RECEIVING SETS, AND PROVIDING FOR THE PROMOTION AND DEVELOPMENT OF RADIO BROADCASTING IN THE PHILIPPINE ISLANDS AND FOR THE EXTENSION OF THE BENEFITS THEREOF TO THE PEOPLE IN ALL MUNICIPALITIES AND BARRIOS, AND FOR OTHER PURPOSES .

Section 1. Main object and general enabling provisions. This Act to be known as the Radio Broadcasting Law, which shall have for its main object the extension of the benefits of radio broadcasting so as to make them, as far as it is practicable to do so, equally available to the people throughout the Philippine, Islands, shall be administered by the Secretary of Commerce and Communications, who, in order to carry out in the most effective manner its provisions and purposes, is hereby empowered to promulgate in the form of administrative orders such rules and regulations as may be advisable, and to create such committee or committees as may be necessary, and, with the permission of the respective Department Heads; concerned, to use the services of such officers or employees of the Insular, provincial and municipal governments as may be convenient especially in the collection of fees. Section 2. Exemption of the Governments of the United States and the Philippine Islands. - The Government of the United States shall be exempt from all requirements of this Act. The Government of the Philippine Islands shall be exempt likewise for all radio receiving sets owned or operated by it for communication purposes: Provided, however, That dealers or persons selling receivers to the said governments shall comply with the provisions of Section three of this Act and the regulations which may be issued there under by the Secretary of Commerce and Communications as regards submission of reports on sale of receiving sets.

Section 3. Registration of radio receiving sets; notice of sale or change in ownership or location of each set. The Secretary of Commerce and Communications shall prescribe rules and regulations for the registration of radio receiving sets and for the submission of reports on sale of receivers or on change of ownership thereof. He may require that all receiving sets be registered annually if he deems it advisable in addition to the owners obligation to pay the annual fees as provided in Section four. Subject to such rules and regulations, every person, firm, company, association, corporation or any other entity having in his or in its possession or control a radio receiving set, shall register the same with the Radio Regulation Office created or designated under Section eight of Act Numbered Thirtyeight hundred and forty-six within thirty days after coming into possession or control of such set, and it shall be the duty of the owner thereof to advise the Radio Regulation Office of any change in his or its address within thirty days after such change takes place. And whenever any radio receiving set is sold, or any change in ownership takes place, the dealer or former owner thereof shall comply with the regulations issued by the Secretary of Commerce and Communications under the provisions of this Section.

Section 4. Annual fees to be paid. Except as otherwise provided in Section six hereof, there shall be paid and collected a registration fee of two pesos per annum for every crystal receiving set and ten pesos per annum for every receiving set that uses a vacuum tube or tubes for amplification or for detection: Provided, however, That if the Secretary of Commerce and Communications shall deem it advisable he may establish zones and fix a graduated scale of zone fees, the maximum of which shall not exceed the fees hereinabove above specified: Provided, further, That the Secretary of Commerce and Communications may establish rules and regulations for the reduction of fees payable by the same owner for the same set after one years fee has been paid. The annual fees above specified shall be understood to be for a period of twelve months counting from the date of acquisition of a radio receiver, and, wherever quarterly, semiannual or annual fees are specified in this Act, the same shall be understood to be for a period of three months, six months and twelve months, respectively, counting from the date of acquisition of the radio set.

Section 5. When to pay fees; surcharge to be paid for late payment. Upon the initial registration of a radio receiving set, as provided in Section three hereof, the fee for at least three months shall be paid in advance. Thereafter, fees shall be payable in not less than quarterly installments, each of which shall be paid in advance during the first thirty days of the quarter in which such fees are due. Any fee not paid within the time fixed shall be increased by a surcharge of twenty per centum thereof:Provided, however, That the Secretary of Commerce and Communications may prescribe rules and regulations changing the time of payment of fees from quarterly to semi-annually or annually:Provided, further, That he may also prescribe such rules and regulations as may be advisable to assure the prompt or immediate registration and advance payment or collection of fees on receiving sets sold by dealers and on sets entering the country through the mails or the customhouse and those brought by persons coming from abroad, notwithstanding the provisions of Section three of this Act regarding thirty days tune allowed for registration.

Section 6. Receiving sets for specified uses to be registered but exempt from payment of fees. Subject to such rules and regulations as may be prescribed by the Secretary of Commerce and Communications, owners of receiving sets covered by this Section shall comply with the requirements of Section three of this Act as regards registration but shall be exempt from payment of the fees as required by Section four: (a) Sets in storage or out of service; (b) Sets kept for sale or used for demonstration by those engaged in the manufacture or sale of radio apparatus; (c) Sets owned or operated by the Philippine Government and used for purposes other than communications; (d) Sets installed on airplanes and ships licensed under Act Numbered Thirty-eight hundred and forty-six; (e) Sets operated by owners of broadcasting stations if such sets are used for the purpose of monitoring or checking the quality or efficiency of the broadcasting stations; (f) Sets owned and operated by lighthouse-keepers at their official stations; (g) In cases where an amateur radio operator, who is licensed under Act Numbered Thirtyeight hundred and forty-six, or the owner of a licensed amateur radio station has more than one receiver in his immediate household, all such receivers shall be registered but the fee need be paid on one receiver only.

Section 7. National Radio Broadcasting Fund and purposes for which it may be used. All collections made under this Act, as well as those which may be collected under Section nine hereof, shall constitute a special fund to be known as the National Radio Broadcasting Fund to be expended, with the concurrence of the Insular Auditor, exclusively for the following purposes by authority of the Secretary of Commerce and Communications, who shall determine what portion of this fund shall be expended for each item subject to the limitations here in below stated: (a) Receiving sets for municipalities, barrios, etc. Purchase, installation and/or operation of radio receiving sets for general public benefit in distant and isolated municipalities, municipal districts, barrios and selected Government institutions, under such rules and conditions as the Secretary of Commerce and Communications may prescribe. (b) Payment to broadcasting stations for broadcasting matters of interest to people. Payment to the owners of any duly authorized radio broadcasting station or stations of sufficient power and with satisfactory facilities and apparatus to render reasonably satisfactory service, under normal conditions, throughout the Philippine Islands, for the radio broadcasting of a minimum of six hours daily of governmental news, information and education, and/or any other information or programs of interest or entertainment to the people if the type and general character of the programs broadcasted are deemed to be of general interest or entertainment to the public by a committee created for the purpose by the Secretary of Commerce and Communications:

Provided, That the sum authorized for any station shall not exceed the actual value of the services rendered in accordance with this sub Section: Provided, further, That if, for any fortuitous cause or force majeure or other unavoidable reason, a minimum of six hours broadcasting shall not be made in any one day, such failure shall not be considered as a violation of this Section. (c) Administrative expenses. Employment of such personnel and payment of such expenses as may be necessary in carrying out the provisions of this Act and the rules and regulations prescribed there under. The Secretary of Commerce and Communications may authorize the payment to each member of any committee or committees created by him under Section one of this Act a per diem of not to exceed ten pesos for each meeting attended: Provided, That no committee member shall be entitled to receive more than twenty pesos in any one month for meetings attended during the month. (d) Promotion and development of or assistance to radio broadcasting. Any unexpended balance of the National Radio Broadcasting Fund in any year shall be available exclusively for the purposes stated in this Section for any succeeding year and for the promotion and development of radio broadcasting in the Philippine Islands and, if necessary or advisable for general public interest, for aid to radio broadcasting stations.

Section 8. Annual report to Legislature. During the first thirty days of each regular session of the Philippine Legislature, the Secretary of Commerce and Communications shall submit a full report thereto on the work accomplished by his Department under this Act, such report to be accompanied with a detailed statement of all receipts and disbursements and with such recommendations as he may desire to bring to the attention of the Legislature. Section 9. Repeal of Act Numbered Thirty-three hundred and thirty-eight. Act Numbered Thirty-three hundred and thirty-eight, approved December seven, nineteen hundred and twenty-six, is hereby repealed: Provided, That all registration made and all fees paid there under shall apply under this Act for the period covered: Provided, further, That such repeal shall not affect any act done, or any right accrued, or any suit or proceedings had or commenced in any criminal or civil cause, prior to said repeal: Provided, furthermore, That all surcharges and all unpaid fees due and payable under Act Numbered Thirty-three hundred and thirty-eight, as well as all fines that may be assessed there under, shall, when collected, be credited as provided for in Section seven of this Act: Provided, still furthermore, That any unexpended balance of the Radio Broadcasting Fund accumulated under Section twelve (d) of Act Numbered Thirty-three hundred and thirty-eight shall be and hereby is made available as part of the National Radio Broadcasting Fund under this Act: Provided, finally, That no provision of this Act shall be construed as vesting any person, firm or corporation with any right which cannot be made the subject of further legislation by the Philippine Legislature.

Section 10. Penalty for violations of this Act. Any person who shall wilfully violate any mandatory or prohibitory provision of this Act, or any mandatory or prohibitory provision of the regulations prescribed by the Secretary of Commerce and Communications under this Act, upon conviction thereof by a court of competent jurisdiction, shall be punished by a fine of not less than twenty-five pesos no more than two hundred pesos for each and every offense. And any firm, company, corporation or association wilfully failing or refusing to observe or wilfully violating any provision of this Act, or any provision of the regulations prescribed by the Secretary of Commerce and Communications under this Act, shall be punished by a fine of not less than one hundred pesos nor more than one thousand pesos for each and every offense. Section 11. This Act shall take effect on January first, nineteen hundred and thirty-three.
Approved, December 5, 1932.

PRESIDENTIAL DECREE No. 576-A REGULATING THE OWNERSHIP AND OPERATION OF RADIO AND TELEVISION STATIONS AND FOR OTHER PURPOSES.
WHEREAS, the President of the Philippines is empowered under the Constitution to review and approve franchises for public utilities; WHEREAS, it has been observed that some public utilities, especially radio and television stations, have a tendency toward monopoly in ownership and operation to such an extent that a region or section of the country may be covered by any number of such broadcast stations, all or most of which are owned, operated or managed by one person or corporation; WHEREAS, radio is the chief vehicle of the dissemination of information, being the source as surveys have shown of 86 percent of all information for the public and television is becoming similarly pervasive; WHEREAS, the deep penetration that radio and television thus make into the public consciousness gives, them the responsibility of assisting the government to promote and safeguard the public welfare; WHEREAS, on account of the limited number of frequencies available for broadcasting in the Philippines, it is necessary to regulate the ownership and operation of radio and television stations and provide measures that would enhance quality and viability in broadcasting and help serve the public interest; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree:

Section 1. No radio or television channel may obtain a franchise unless it has sufficient capital on the basis of equity for its operation for at least one year, including purchase of equipment. Section 2. Every radio station or television channel shall allocate at least two hours a day as a program or programs rendering public service, during such broadcast hours as are normally regarded in the industry as prime time for a particular type of program and its appropriate audience. Public service refers to news, educational, and cultural presentations and other programs informing the people of advances in science, industry, farming , and technology; of policies and important undertakings in government designed to promote or safeguard the public welfare; of matters related to the physical, intellectual and moral development of the young; or of traditions, values and activities which constitute the cultural heritage of the nation.
Section 3. No person or corporation may own, operate, or manage more than one radio or television station in one municipality or city; nor more than five AM and five FM radio station; nor more than five television channels in the entire country, and no radio or television station shall be utilized by any single-interest group to disseminate information or otherwise influence the public or the government to serve or support the ends of such group.

Section 4. Any person or corporation which owns more than the number of radio or television stations authorized in the preceding section shall divest itself of the excess stations or channels.. any excess station shall be sold through the Bureau to Telecommunications. Section 5. Failure to divest as provided in the foregoing section shall, in addition to the penalties provided in Section 6, subject the person or corporation guilty of such failure to cancellation of the franchise of every excess station and to confiscation of the station and its facilities without compensation. Section 6. All franchises, g rants, licenses, permits, certificates or other forms of authority to operate radio or television broadcasting systems shall terminate on December 31, 1981. Thereafter, irrespective of any franchise, grants, license, permit, certificate or other forms of authority to operate granted by any office, agency or person, no radio or television station shall be authorized to operated without the authority of the Board of Communications and the Secretary of Public Works and Communications or their successors who have the right and authority to assign to qualified parties frequencies, channels or other means of identifying broadcasting systems; Provided, however, that any conflict over, or disagreement with a decision of the aforementioned authorities may be appealed finally to the Office of the President within fifteen days from the date the decision is received by the party in interest.

Section 7. Any person who violates this Decree shall be punishable by imprisonment for a period ranging from five months to six years and the payment of a fine of P1,000.00 to P10,000.00, or both such imprisonment and fine, at the discretion of the court. If the violation is committed by an association, partnership or corporation, the penalty shall be imposed on the officers or employees thereof who were responsible for or who committed the violation. Section 8. This Decree shall take effect immediately. Done in the city of Manila, this 11th day of November, in the year of our Lord, nineteen hundred and seventy-four.

EXECUTIVE ORDER NO. 205 June 30, 1987 REGULATING THE OPERATION OF CABLE ANTENNA TELEVISION (CATV) SYSTEMS IN THE PHILIPPINES, AND FOR OTHER PURPOSES
WHEREAS, for the protection of the public and the promotion of the general welfare, the State may by law regulate the operation of Cable Antenna Television (CATV) systems; WHEREAS, when the public interest so requires, monopolies in commercial mass media shall be regulated or prohibited; NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby order; Sec. 1. The operation of Cable Antenna Television (CATV) system in the Philippines shall be open to all citizens of the Philippines, or to corporations, cooperatives or associations wholly-owned and managed by such citizens under a Certificate of Authority granted by the National Telecommunications Commission, hereinafter referred to as the Commission.

Sec. 2. A Certificate of Authority to operate Cable Antenna Television (CATV) system shall be granted by the Commission on a non-exclusive basis and for a period not to exceed fifteen (15) years, renewable for another similar period: Provided, That such certificate shall be subject to the limitation that the authority to operate shall not infringe on the television and broadcast markets. Sec. 3. Subject to the limitations and procedures prescribed by law, the grantee is hereby authorized to exercise the right of eminent domain for the efficient maintenance and operation of Cable Antenna Television (CATV) system. Sec. 4. A special right is hereby reserved to the President of the Philippines, in times of war, rebellion, public peril or other national emergency and/or when public safety requires, to cause the closure of any grantee's Cable antenna Television (CATV) system or to authorize the use or possession thereof by the government without compensation. Sec. 5. The grantee shall pay the income tax levied under Title II of the National Internal Revenue Code, as amended, and a franchise tax equivalent to three per centum (3%) of all gross receipts from business transacted under the Certificate of Authority.

Sec. 6. The National Telecommunications Commission is hereby authorized to issue the necessary rules and regulations to implement this Executive Order.
Sec. 7. Presidential Decree No. 1512 dated June 11, 1978 and all laws, orders, issuances and rules and regulations or parts thereof inconsistent with this Executive Order are hereby repealed or modified accordingly.
Sec. 8. This Executive Order shall take effect immediately.
Done in the City of Manila, this 30th day of June, in the year of Our Lord, nineteen hundred and eighty-seven. (SGD) CORAZON C. AQUINO By the President JOKER P. ARROYO Executive Secretary

Executive Order No. 436, s. 1997 MALACAANG Manila BY THE PRESIDENT OF THE PHILIPPINES EXECUTIVE ORDER NO. 436 PRESCRIBING POLICY GUIDELINES TO GOVERN THE OPERATIONS OF CABLE TELEVISION IN THE PHILIPPINES

WHEREAS, the State recognizes the vital role of communication and information in nationbuilding; WHEREAS, the Filipino people must be given wider access to more sources of news, information, education, sports events and entertainment programs other than those provided for by mass media and afforded television programs to attain a well informed, wellversed and culturally refined citizenry and enhance their socio-economic growth; WHEREAS, cable television (CATV) systems could support or supplement the services provided by television broadcast facilities, local and overseas, as the national information highway to the countryside; WHEREAS, because a large part of the country is still not covered by cable television services, there is an urgent need to maximize the development of the cable television industry and to provide incentives and afford protection to investments therein; WHEREAS, professionalism and self-regulation among existing operators, through a nationally recognized cable television operators association, have enhanced the growth of the cable television industry and must therefore be maintained along with minimal reasonable government regulations; NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby adopt the following guidelines for the cable television (CATV) industry:

SECTION 1. The operation of cable television systems, as a subscriber service undertaking with a unique technology, shall be maintained separate and distinct from telecommunications or broadcast television. SEC. 2. The regulation and supervision of the cable television industry in the Philippines shall remain vested solely with the National Telecommunications Commission (NTC). SEC. 3. Only persons, associations, partnerships, corporations or cooperatives granted a Provisional Authority or Certificate of Authority by the Commission may install, operate and maintain a cable television system or render cable television service within a service area. Cable television service may carry advertisements and other similar paid segments for which the cable television operator may charge and collect reasonable fees; Provided, that no cable television operator shall infringe on broadcast television markets by inserting advertisements in the programs it carries or retransmits without the consent of the program provider concerned.

SEC. 4. Local exchange operators and/or broadcasters, as well as operators of direct broadcast satellite service, multi-point distribution service, television receive-only satellite program distribution service and other systems of providers of video programming utilizing whatever technology, shall not operate cable television systems or any form of service involving the delivery television programs and signals, by wire or cable or through the airwaves and other wireless video signal transmission systems without specific permits, licenses and/or authority to operate a cable television system as provided hereunder and under applicable laws and rules and regulations, which permits, licenses and/or authority shall be issued in accordance with the provisions of this Executive Order. SEC. 5. The Commission may grant an applicant an authority to operate a cable television system within the same franchise area covered by any Provisional Authority or Certificate of Authority issued by the Commission two (2) years earlier only upon the determination by the Commission that a) the prior cable television operator has not, without sufficient justification, substantially complied with the terms and condition of his authorization; b) the cable television service currently provided by the operator to its subscriber is grossly inadequate; and c) the grant of the authority to the applicant will not result in ruinous competition detrimental to the existing operator and incompatible with the investment policies under this Executive Order.

SEC. 6. A cable television operator may, with prior approval from the Commission, lease or sub-lease any excess capacity of its cable television system to a third party.
SEC. 7. Receipt and distribution encoded satellite program signals shall be limited to the written authority granted by the satellite programmer.
SEC. 8. The Commission is hereby directed to ensure the proper implementation of this Executive Order, adopt rules and regulations for the purpose and, after due notice and hearing, impose the appropriate penalties in case of violation of any of the provisions hereof and the applicable rules and regulations, including administrative fines, penalties and sanctions as may be allowed or prescribed by existing laws. SEC. 9. All executive orders, administrative orders and other issuances inconsistent herewith are hereby repealed, modified or amended accordingly. SEC. 10. This Executive Order shall take effect immediately upon approval hereof. DONE in the City of Manila, this 9th day of September, in the year of Our Lord, Nineteen Hundred and Ninety-Seven. (Sgd.) FIDEL V. RAMOS (Sgd.) RUBEN D. TORRES By the President Executive Secretary

EXECUTIVE ORDER NO. 196 June 17, 1987 VESTING THE JURISDICTION, CONTROL AND REGULATION OVER THE PHILIPPINE COMMUNICATIONS SATELLITE CORPORATION WITH THE NATIONAL TELECOMMUNICATIONS COMMISSION
WHEREAS, current developments stress the need to supervise and regulate the activities of all satellite terminal stations with satellite facilities for delivery to common carriers; and WHEREAS, the Philippine Communications Satellite Corporation is one corporation with such satellite facilities; NOW, THEREFORE, I, CORAZON C. AQUINO, President of Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order:

Sec. 1. The Philippine Communications Satellite Corporation is hereby placed under the jurisdiction, control and regulation of the National Telecommunications Commission, including all its facilities and services, and the fixing of rates. Sec. 2. All laws, orders, rules and regulations inconsistent with this Executive Order are hereby repealed or modified accordingly. Sec. 3. This Executive Order shall take effect immediately.
Done in the City of Manila, this 17th day of June, in the year of Our Lord, nineteen hundred and eighty-seven.

EXECUTIVE ORDER NO. 467 PROVIDING FOR A NATIONAL POLICY ON THE OPERATION AND USE OF INTERNATIONAL SATELLITE COMMUNICATIONS IN THE COUNTRY
WHEREAS, the State, recognizing the vital role of communications in nation building, is committed to promote the establishment of communications structures responsive to information technology of the country; WHEREAS, the provision of modern, efficient, and adequate satellite telecommunications facilities and services will promote the pole vaulting strategy of the government to lunch the country as a telecommunications hub in the Asia-Pacific region by the 21st century; WHEREAS, there is a need to broaden the access by authorized entities to international satellite systems and services and thereby, accelerate the attainment of the development thrusts for the local telecommunications sector; NOW, THEREFORE, I FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order the adoption as a national policy, of the following policy guidance in the operation and use of satellite communications in the country.

Section 1. Policy Guidance. The following guidance and regulations shall govern the operation and use of the following satellite telecommunications facilities and services in the country: a. Access to International Fixed Satellite Systems. Enfranchised telecommunications entities duly authorized by the National Telecommunications Commission (NTC) to provide international telecommunications services shall be allowed direct access to all international fixed satellite systems. Broadcast service providers may also be allowed to directly access international fixed satellite systems subject to NTC rules, regulations and authorizations. b. Access to International Mobile Satellite Systems. Direct access to international mobile satellite services shall be allowed for maritime, aeronautical and land mobile uses, subject to NTC rules and regulations. For this purpose, the DOTC/NTC shall recognize the authorization and/or certification of foreign-registered mobile units designed to access international mobile satellite systems, provided they are consistent with said NTC rules and regulations. c. Use of Satellite Newsgathering (SNG) Earth Stations. The government shall take a permissive approach on the use and operation of SNG earth stations owned or operated by foreign news media organizations, for a limited period of time as defined by NTC. Foreign news media organizations wanting to bring SNG earth stations into the country shall secure a special NTC permit.

d. Operation and Use of Global Mobile Personal Communication by Satellite (GMPCS). The government shall allow the operation and use of GMPCS to contribute to the attainment of universal access, subject to NTC rules and regulations. In this connection, GMPCS systems shall be required to interconnect with existing terrestrial systems in a nondiscriminatory manner in accordance with the provisions of Executive Order No. 59 (Guidelines for Compulsory Interconnection of Authorized Public Telecommunications Carriers) and its Implementing Guidelines. e. Provision of Direct to Home TV Services. The government shall allow the reception of Direct to Home TV signals from content providers utilizing international satellite systems, provided the video programs thereto are authorized by appropriate government agency(ies). Equipment for the reception of Direct to Home TV signals shall be provided by duly authorized entities. Moreover, uplink centers for transmission or retransmission in the Philippines, subject to existing laws and procedures formulated by the NTC. Section 2. Policy of Terms. The NTC, in coordination with the concerned agencies and sectors, shall formulate and adopt, not later than forty-five days from the effectivity of this order, the necessary implementing rules and regulations for the implementation of the above policy guidance, including the monitoring system for their implementation.

Section 3. Definition of Terms. For the purpose of this Order and in the implementation of the above policy guidance, the following definitions shall apply: a. Direct Access - any one of a number of measures permitting direct dealings between authorized entities and international satellite system providers at specified levels as defined by the NTC. b. Direct Home (DTH) TV - a broadcasting system wherein television programs are transmitted directly to home/user receivers via satellite, thus making the reception cover not only individual(s) in their homes but other places as well. c. Fixed Satellite Service - a radio communications service between earth stations at given points, when one or more satellites are used; the given position may be specific point or any fixed points within specified areas. d. Global Mobile Personal Communications by Satellite - a satellite system providing telecommunications services directly to end-users anywhere in the globe form a constellation of satellites. e. Mobile Satellite Service - a radio communications service between mobile earth stations and one or more space stations, or between space stations used by this service, or between mobile earth stations by means of one or more space stations.

f. Satellite Newsgathering - the use of either transportable, "Fixed Satellite Services" earth stations or "Mobile Satellite Service" earth stations to provide temporary communications services for news media organizations covering news events such as summits, conferences or disasters. Section 4. Policy Review. The DOTC, in consultation with the concerned agencies and sectors, shall regularly review the responsiveness of the above policy, shall regularly review the responsiveness of the above policy guidance and based on this, submit policy recommendations to the office of the President. Section 5. Repealing Clause. All executive orders, administrative orders and other executive issuance's inconsistent herewith are hereby repealed, modified or amended accordingly. Section 6. Effectivity. This Order shall take effect immediately. DONE in the City of Manila, this 17th day of March in the year of our Lord, Nineteen Hundred and ninety-eight. ALEXANDER P. AGUIRRE By the President: Executive Secretary

MEMORANDUM CIRCULAR NO. 2-1-93 Subject: Rules and Regulations Governing the Registration and Licensing of Satellite Television Receive Only (TVRO) Stations in the Philippines
Pursuant to the provisions of Act 3846, as amended, and of Executive order No. 546, the following rules and regulations governing the Registration and Licensing of Satellite Earth Television Receive Only Station (TVRO) in the Philippines, are hereby promulgated.

SECTION 1. DEFINITION OF TERMS
1.1 Satellite Television Receive Only (TVRO) Station station whereby sound and video signals are received directly from a satellite. 1.2 Non-Commercial TVRO (NC-TVRO) Station 1.2.1 A TVRO station intended for personal receiving only by an individual and his immediate family members. 1.2.2 TVRO stations operated by government agencies, instrumentalities or offices, provided no fees are charged or collected from the public. 1.2.3 TVRO stations owned/operated by foreign government, entities, UN agencies provided use is limited to their premises only. 1.3 Commercial TVRO (C-TVRO) Station a TVRO station intended for operation in consideration of monetary or material gain. 1.4 Registration Certificate a certificate issued by the NTC authorizing the holder to operate a TVRO station. 1.5 TVRO Station License a written authority issued by the NTC to a person, firm, company, association or corporation authorizing the holder to operate a commercial TVRO station during the period specified in the said instrument or authorization.

SECTION 2. GENERAL PROVISIONS
2.1 The operation of a Non-Commercial TVRO station required a Registration Certificate from the NTC. 2.2 The operation of a commercial TVRO station requires a TVRO station license. 2.3 The Commission shall register only equipment that are type approved/type accepted by the Commission. 2.4 The use of received program materials by TVRO stations shall be subject to the existing domestic and international copyright laws applicable thereto. 2.5 A one-time registration fee shall be paid by a non-commercial and commercial TVRO station in the amount of P5,000.00. 2.6 A commercial TVRO shall pay an annual license fee of P2,000.00. Said TVRO license may be renewed by filing an application 60 days prior to the expiry date of the license.

SECTION 3. ACCREDITATION OF DEALERS, SUPPLIERS AND MANUFACTURER AND SERVICE CENTERS OF TVRO EQUIPMENT
In order to protect the public, the Commission shall accredit dealers, suppliers and manufacturers and service center in accordance with MC 2-05-88 and all laws, rules and regulations.
SECTION 4. PROCEDURES FOR REGISTRATION OF TVRO STATIONS

4.1 Applicant shall apply for a Registration Certificate/License from the Commission (NTC) or any of its Regional Office by accomplishing the forms provided for the purpose. 4.2 The grantee of Registration certificate or TVRO station license shall comply with all applicable rules and regulations, in so far as technical, programming and such other requirements and conditions that the Commission may impose.
SECTION 5. POSTING OF REGISTRATION CERTIFICATE

The posting of Registration Certificate or TVRO station license on a conspicuous place near the premise of a TVRO station is required.

SECTION 6 INSPECTION OF TVRO STATIONS
6.1 The Commission reserves the right to conduct inspections/investigation of the TVRO station during reasonable hours of the day. 6.2 The Commission further reserves its right to suspend or revoke the registration certificate of any TVRO station found in violation of the rules and regulations of the Commission
SECTION 7 SANCTIONS
7.1 Any TVRO station found to be operating in violation of any laws, rules and regulations of the Commission or without a valid Registration Certificate and or TVRO station license shall be closed, suspended, removed or rendered non-operational. 7.2 Furthermore, any person, firm, corporation or association who shall violate any provision of this Circular or any provision of the Radio Laws and Regulations, both local and international shall be imposed in addition to the above a fine of not more than P 2,000 for individual and not more than P5,000 for company or corporation. The Commission may revise or amend this circular as the need arises in the interest of the public service. This Circular shall take effect fifteen (15) days after its publication in the Official Gazette or any newspaper of general circulation, and upon submission of at least three (3) copies hereof to the University of the Philippines Law Center.
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES ARTICLE XII NATIONAL ECONOMY AND PATRIMONY Section 19. The State shall regulate or prohibit monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed.

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES ARTICLE XVI GENERAL PROVISIONS Section 10. The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press.

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