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contains the full text ofImplementing
Rules of Republic Act No. 7925 THE PUBLIC
TELECOMMUNICATIONS
POLICY ACT OF 1995
IMPLEMENTING RULES
OF
R. A. NO. 7925
Republic of the
Philippines
DEPARTMENT OF
TRANSPORTATION
AND COMMUNICATIONS
NATIONAL
TELECOMMUNICATIONS
COMMISSION
865 Vibal Bldg.,
EDSA
Corner Times St.
Quezon City
MEMORANDUM CIRCULAR
NO. 8-9-95
SUBJECT:
IMPLEMENTING
RULES AND REGULATIONS FOR REPUBLIC
ACT NO. 7925
RE:
AN ACT TO PROMOTE AND GOVERN THE DEVELOPMENT OF PHILIPPINE
TELECOMMUNICATIONS
AND THE DELIVERY OF PUBLIC TELECOMMUNICATIONS SERVICES.
For the purposes of an
effective
and smooth implementation of R.
A. 7925, the National Telecommunications Commission, an attached
agency
of the Department of Transportation and Communications (DOTC) and the
principal
administrator of R.
A. 7925 (Public Telecommunications Policy Act of 1995), hereby
promulgates
the hereunder Implementing Rules and Regulations.
Nothing in this Circular,
however, shall be construed as delimiting the power of DOTC to monitor
the implementation of this Act in accordance with its mandate to
achieve
its responsibility for the development and maintenance of a long term
strategic
national development plan for telecommunications.
001
DEFINITION
OF TERMS
(1) Access Charge - refers
to
a remuneration paid to a carrier by the interconnecting carriers for
accessing
the facilities of such carrier which is needed by the interconnecting
carriers
for the origination and/or termination of all types of traffic derived
from the interconnection.
(2) Actual Cost
Approach
- refers to an approach in traffic settlement whereby the cost is
allocated
using a methodology which most appropriately reflects actual cost of
the
service.
(3) Cross Subsidy
Approach
- refers to an approach whereby a LE operator is entitled to some
subsidy
in the revenue settlement to earn a rate of return on its local
exchange
network investments that shall be at parity with those earned by other
segments of the telecommunications industry.
(4) Interconnection
Charge
- refers to the sum of the access charge plus cross-subsidy.
(5) Basic Telephone
Service
- refers to the local exchange telephone service for residence and
business
establishments.
(6) Universal Access -
refers
to the availability of reliable and affordable telecommunications
service
in both urban and rural areas of the country.
(7) Local Exchange Area
- refers to a defined geographic area authorized by the National
Telecommunications
Commission to a local exchange operator.
(8) Bypass - refers to
a
situation where an entity other than a local exchange service operator
provides long distance service by establishing direct access to a
person/entity,
customer or end-user within the authorized local exchange service area
of a duly authorized local exchange operator.
(9) PSTN - refers to a
public
switched telephone network.
(10) Pay Telephone
Services
(PTS) - sometimes referred to as a public calling station, refers to a
facility where the public may, by payment of appropriate and duly
approved
fees, place as well as receive local or long distance telephone calls
or
other switched telephone messages.
(11) Certificate of
Public
Convenience and Necessity (CPCN) - refers to a grant consistent with
the
telecommunications policies and objectives to a qualified applicant,
after
due notice and hearing, of a final authority to own, operate and
maintain
a public telecommunications facility/service by the National
Telecommunications
Commission.
(12) Provisional
Authority
(PA) - refers to an authority, for a limited period, granted to a
qualified
applicant to operate and maintain a public telecommunications
facility/service
by the Commission, pending the grant of the CPCN.
(13) Commission -
refers
to the National Telecommunications Commission.
(14) Network - refers
to
a set of nodes and links that provides connections between two or more
defined points to accommodate telecommunication between them.
(15) Enhanced Service -
refers to a service which adds a feature or value not ordinarily
provided
by a public telecommunications entity such as format, media conversion,
encryption, enhanced security features, computer processing, and the
like;
provided that in the provision of the enhanced service, no law, rule,
regulation
or international convention on telecommunications is circumvented or
violated.
(16) Working main lines
- refer to the subscribed main telephone lines.
(17) PTE - refers to
public
telecommunications entity as defined in R.
A. 7925.
(18) Philippine Best
Practice
- refers to the experience of two or three LE service operators in the
context of the three (3) Philippine markets which are most economically
efficient in a specific accounting category as determined by the
National
Telecommunications Commission. The specific accounting category need
not
be sourced from the same LE service operator.
100
LOCAL
EXCHANGE
(LE)
SERVICES
(a) The LE operator
shall
provide universal basic telephone service capable of accessing local,
national,
international and other networks without discrimination to all
applicants
for such service within its defined authorized service area/s and
within
the schedule duly approved by the Commission.
(b) The LE operator
shall
comply with the service performance and technical standards specified
under
MC 10-17-90 and MC 10-16-90 respectively and other standards hereafter
prescribed by the Commission.
(c) Public
telecommunications
entities shall not be allowed to expand or extend long distance service
directly to a person/entity, customer or end-user within the authorized
local exchange service area of a duly authorized LE service operator
except
in the following cases:chanroblesvirtuallawlibrary
(1) when the authorized
LE operator is unable to provide service within the following response
time:chanroblesvirtuallawlibrary
* Two
hundred forty
(240)
days on the first year of the effectivity of this Circular.
* Sixty (60) days
on
the
second year of the effectivity of this Circular.
* Ten (10) working
days
thereafter.
and at standards prescribed
by the Commission provided that the bypassing carrier has no unserved
obligation
in its assigned service areas.
(2) when the authorized
LE operator is unable to provide within ninety (90) days from date of
agreement
at prescribed standard the required interconnection arrangements.
(3) when the authorized
LE operator is compensated in the amount agreed by the parties. In case
parties cannot reach an agreement, the matter can be brought to the
Commission
for final action pursuant to Rule 510. In cases when there are more
than
one (1) authorized LE operators in one defined geographic area, the
compensation
shall be divided in proportion to the number of working telephone lines
of each of the authorized LE operators. The determination of the number
of working lines shall be conducted quarterly.
In any of the above
exceptions,
the PTE shall secure prior approval from the Commission through an
administrative
procedure to provide direct connection to the subscribers/customers/
end-users.
(d) A duly enfranchised
entity may be authorized by the Commission, after due notice and
hearing,
to install, operate and maintain a local exchange network and provide
local
exchange service in the same local exchange area where an existing
authorized
local exchange operator fail to satisfy the demand for local exchange
service.
The demand for local exchange service is considered satisfied when 90%
of all applications for local exchange service within the last three
(3)
months are served within ten (10) working days from date of application.
(e) The provisions on
bypass
shall only apply to public switched telephone services.
(f) Authorized LE
operators
shall have the first option to provide pay telephone services in the
defined
geographic area covered by its network. Other enfranchised
telecommunications
entities may be authorized to provide public calling stations or pay
telephone
stations in a given local exchange service area served by an authorized
LE service operator after due notice and hearing and upon determination
of public need.
(g) Authorized LE
operators
shall be entitled to fair and equitable revenue sharing arrangement
pursuant
to Rule 520.
(h) The LE operator
shall
use any cost effective technology in fulfilling its responsibility of
providing
universal basic telephone service. The LE operator shall endeavor to
use
state of the art technology.
200
INTER-EXCHANGE
CARRIER
(IXC)
AND
INTERNATIONAL
CARRIER
(IC) SERVICES
210
INTEREXCHANGE
CARRIER
(IXC) SERVICES
(a) The IXCs
shall
interconnect
with other IXCs and with local exchange carriers or other
telecommunications
entities on a non-discriminatory manner. The interconnection shall be
effected
pursuant to Rule 510.
(b) The interconnect
charges
shall be pursuant to Rule 520.
(c) The IXCs shall
comply
with the service performance and technical standards specified under
MC10-17-90
and MC10-16-90 respectively and other standards hereafter prescribed by
the Commission.
220
INTERNATIONAL
CARRIER
(IC) SERVICES
(a) The relevant
provisions
of the Implementing Guidelines on EO109 under NTC MC 11-9-93 series of
1993 are hereby adopted.
(b) Failure on the part
of the IC or its affiliate company to install at least 300,000 local
exchange
lines and additional 300 local exchange lines per one international
switch
termination in excess of 1,000 international switch terminations and
provide
local exchange service within three (3) years from date of authority to
provide local exchange service shall be cause for the cancellation of
the
authority to install, operate and maintain facilities and offer
international
carrier services in accordance with due process.
300
MOBILE
RADIO
SERVICES
(MRS)
310
CELLULAR
MOBILE
TELEPHONE
SYSTEM
(a) The Rules
and
Regulations
on Cellular Mobile Telephone System (CMTS) Operations under NTC MC
20-12-92
are hereby adopted.
(b) The implementation
of
the roll-out plans for local exchange service for all authorized
nationwide
and regional CMTS operators shall be reduced from five (5) to three (3)
years.
(c) An authorized
regional
or nationwide CMTS operator shall be considered to have complied with
Rule
310(b) if the conditions specified in Article II Section 5 of the
Implementing
Guidelines on EO109 under NTC MC 11-9-93 series of 1993 are met.
(d) An authorized CMTS
operator
shall comply with Article II Sections 7 and 8 of NTC MC 11-9-93 series
of 1993.
(e) Subscribers to the
CMTS
shall not be considered as LE subscribers.
(f) Failure on the part
of the CMTS operator to install 400,000 local exchange lines and
provide
local exchange service within three (3) years from date of authority to
provide local exchange service shall be a cause for the cancellation of
the authority to install, operate and maintain cellular mobile
telephone
system and offer CMTS service in accordance with due process.
320
PUBLIC
REPEATER
NETWORK
(PRN) SERVICES
(a) The Rules
and
Regulations
on Public Repeater Network Services under NTC MC 10-18-90 series of
1990
are hereby adopted.
(b) The service rates
for
public repeater network services shall be deregulated immediately.
(c) At least thirty
(30)
days before any change, increase or decrease, in service rates, after
the
deregulation, are implemented, authorized PRN service providers shall
publish
in a newspaper of general circulation the changes in the service rates
and inform all affected subscribers of said change.
(d) Authorized PRN
service
providers shall inform the Commission in writing of any increase or
decrease
in service rates at least seven (7) days prior to the implementation of
said changes in the service rates.
400
RADIO
PAGING AND
VALUE
ADDED SERVICES
410
RADIO
PAGING
SERVICE
(RPS)
(a) Subject to
availability
of radio frequencies and prior to actual operation, a duly enfranchised
radio paging entity shall register with the Commission and apply for
the
appropriate radio frequencies to be used in its operation.
(b) The application for
registration shall include documents showing, among others, system
configuration,
mode of operation, radio frequencies required for efficient operation,
method of charging rates, etc. The application shall be acted upon by
the
Commission within sixty (60) days from date of application.
(c) All radio paging
service
providers shall comply with the relevant service performance and
technical
standards prescribed by the Commission.
(d) Effective
immediately,
all radio paging service providers with assigned radio frequencies,
shall
be allowed to compete freely in their rates without prior approval from
the Commission.
(e) At least fifteen
(15)
days prior to the implementation of any change, increase or decrease,
in
service rates, the radio paging service providers shall publish in a
newspaper
of general circulation such change in the service rates and shall
inform
all affected subscribers.
(f) All radio paging
services
providers shall inform the Commission in writing of any change in their
services rates at least seven (7) days before said changes are
implemented.
(g) Subject to the
availability
of radio frequencies, a duly enfranchised radio paging entity may be
allocated
and assigned radio frequencies required for the efficient conduct of
their
operations upon application and clearance from interference to other
authorized
existing networks.
(h) Authorized radio
paging
services providers who intend to expand their facilities and/or offer
other
radio paging services including international radio paging service
shall
submit to the Commission at least thirty (30) days prior to the
commencement
of the planned expansion in facilities and/or services the following
documents,
among others, areas to be covered by the proposed expansion, projected
investments and list of capital equipment required. Approval by the
Commission
shall not be required.
420
VALUE
ADDED
SERVICES
(VAS)
(a) A non-PTE VAS
provider
shall not be required to secure a franchise from Congress.
(b) A non-PTE VAS
provider
can utilize its own equipment capable only of routing, storing and
forwarding
messages in whatever format for the purpose of providing enhanced or
augmented
telecommunications services. It shall not put up its own network. It
shall
user the transmission network, toll or local distribution, of the
authorized
PTEs.
(c) The provision of
VAS
shall not in any way affect the cross subsidy to the local exchange
network
by the international and national toll services and CMTS service.
(d) Entities intending
to
provide value added services only shall submit to the Commission
application
for registration for approval. The application form shall include
documents
showing, among others, system configuration, mode of operation, method
of charging rates, lease agreement with the PTE, etc.
(e) The application for
registration shall be acted upon by the Commission through an
administrative
process within thirty (30) days from date of application.
(f) PTEs intending to
provide
value added services are required to secure prior approval by the
Commission
through an administrative process.
(g) VAS providers shall
comply strictly with the service performance and other standards
prescribed
by the Commission.
500
INTERCONNECTION
AND
ACCESS CHARGES
510
INTERCONNECTION
(a) The Rules and
Regulations
on Interconnection under NTC MC 9-7-93 series of 1993 are hereby
adopted
except Section 22.5.
(b) When one party to
an
interconnection agreement requires additional interconnecting trunks
and
the other party cannot provide, the former shall either advance the
payment
or furnish the equipment, accessories and materials necessary subject
to
repayment in whatever manner agreeable to the parties.
(c) To the maximum
practical
extent, the Commission encourages the use of co-location of and shared
facilities between carriers when such configurations shall best serve
public
interest.
(d) The parties to an
interconnection
agreement shall route the calls to the nearest point of
interconnection.
In case the shortest route is congested, the call may be routed to
other
points of interconnection subject to network configuration. The rate
shall
be based on the lowest cost.
520
ACCESS
CHARGES
GENERAL
(a) Until the local
exchange
service is priced reflecting actual costs, the local exchange service
shall
be cross-subsidized by other telecommunications services.
(b) The allocation of
the
local exchange carrier costs to all interconnect services including
those
offered by the same company operating the LE service shall be based on
actual cost of interconnection.
(c) The subsidy needed
by
the LE service operator to earn a rate of return at parity with the
other
segments of telecommunications industry shall be charged against the
international
and domestic toll and CMTS interconnect services.
(d) The Cost Manual
shall
follow the accounting structure based on he applicable provisions of US
Federal Communications Commission (FCC) Part 36 as modified to conform
with the provisions of this Circular.
(e) Provision for
doubtful
accounts (as used in general accounting) shall not be included in the
costs.
(f) Only taxes actually
incurred shall be included in the costs.
(g) The access charge
shall
be negotiated by the interconnecting parties. In the event the parties
cannot arrive at an agreement, either or both parties can bring the
matter
before the Commission for final action pursuant to NTCMC 9-7-93.
(h) Interconnecting
parties
shall strictly adhere to the herein prescribed guidelines.
(i) The cost manual
shall
be submitted to the Commission not later than 31st of July of each year
for approval. In approving the cost manual, the Commission shall
consider
efficiency and the "Philippine Best Practice".
(j) The interconnection
between CMTS and local exchange network for purposes of calculating the
access charge shall be considered domestic toll interconnection.
(k) Reappraisal of
plant
and facilities in service shall be duly approved by the Commission
after
due notice and hearing.
(l) Actual costs and
all
accounting charges for provisioning of services and interconnection
shall
be non-discriminatory, transparent, de-averaged by time of day and
unbundled,
and subject to review by the Commission.
(m) Interconnection
charges
shall be composed of the access charge and the subsidy. For the purpose
of calculating the subsidy, the local exchange networks shall be
classified
into three(3), to wit: Metro Manila, Highly Urbanized Cities as defined
by law and Others.
(n) Interconnection
charges
shall accrue only on completed calls.
COST
SEPARATION
(o) An LE service
provider
operating other telecommunications services shall separate the cost at
discrete and recognizable point(s) of demarcation for each of the
services
it offers to determine the cost of the local exchange service.
(p) Direct assignment
of
costs to each service category when possible will be made.
(q) Actual costs basis
of
separation which gives consideration to relative usage/circuit
occupancy
of services for traffic related costs shall be used.
(r) Cost of customer
billing
of toll services shall be allocated fully to the local exchange service.
(s) Cost of marketing
and
advertising shall not be allocated to the local exchange service.
ALLOCATION
OF
COSTS
(t) The local exchange
service
costs shall be shared by the interconnect services as follows:chanroblesvirtuallawlibrary
The
cost
allocated/charged
to the local exchange service shall be equivalent to the local exchange
service gross revenue plus the revenues derived from the
interconnection
services other than international and domestic toil the CMTS.
The cost
allocated/charged
to the interconnection services other than domestic and international
toll
and CMTS shall be based on the actual cost of interconnection.
The cost
allocated/charged
to the international and domestic toll and CMTS interconnect services
shall
be divided into two components, to wit: access charge and subsidy. The
access charge shall be based on the actual cost of interconnection
while
the subsidy shall be equal to the revenue required by the LE operator
to
earn rate of return at parity with those earned by other segments of
the
telecommunications industry.
Interconnection
services
shall
also include all telecommunications services offered by the PTR
interconnected
to the local exchange network operated by the same PTE.
INTERCONNECTION
OF
LOCAL EXCHANGE NETWORKS
(u) There shall be no
access
charges to be paid by either party in the interconnection of local
exchange
networks operating in a given local exchange service area if the
monthly
local exchange service rate is fixed and that the local exchange
service
operators do not discriminate applicants for local exchange service.
(v) In the event that
in
any given local exchange service area there are a mixture of fixed and
measured rates, the local exchange service operators thereat shall
negotiate
for the access charges. In the event that the parties cannot agree, the
matter may be brought to the Commission for final action pursuant to MC
9-7-93.
(w) In the negotiation
between
the LE service operators, the cost of investments shall be considered.
600
RADIO
SPECTRUM
(a) The radio spectrum
allocation
and assignment shall be subject to review in the interest of public
service
and in order to keep pace with the development in the wireless
technology
with the end in view of insuring wider access to the limited radio
spectrum
and the use of cost effective technology.
(b) The Commission
shall
create a Radio Frequency Consultative Committee (RFCC) composed of one
(1) representative each from PAPTELCO, PETEF, KBP, IC, CMTS Operators,
TELEBAP, Public Repeater Network Service Operators, Radio Paging
Service
Operators, Radio Dealers, Radio Paging Service Operators, Radio Dealers
Group, TUG Phil, two (2) from DOTC and four (4) from the Commission one
each from RRLD, CCAD, BSD and FMD to be chaired by the Chief, FMD.
(c) The RFCC shall
recommend
to the Commission guidelines that will cover the following concerns
within
thirty (30) days from the effectivity of this Circular:chanroblesvirtuallawlibrary
the
procedure on
how to undertake
the review and allocation of the radio spectrum taking into
consideration
the need to provide universal access to basic telephone service.
the transfer of all
authorized
and existing users in the band allocated pursuant to Rule 600(a) to
other
bands of radio frequencies.
how the cost of the
transfer
of the authorized and existing users to other frequency bands shall be
shared by the new assignees.
the manner of
calculating
the cost of the transfer.
the procedure on
how
to
calculate the reasonable spectrum users fees and the amount to be paid
for the use of the spectrum.
the determination
of
situations
where the demand for a particular radio frequency band exceeds
availability
and the manner by which spectrum shall be bided out in case the demand
for a specific band of radio frequencies exceeds availability.
700
RATES
AND
TARIFF
(a) The
Commission shall
reestablish
rates and tariff setting procedures in order to arrive at rates and
tariffs
which are fair and reasonable and which provide for the economic
viability
of telecommunications entities and a fair return on investments
considering
the prevailing cost of capital in the domestic and international
markets.
(b) The Commission may
after
consultation with the industry and the users deregulate the rates for
specific
telecommunications services if there is sufficient competition to
ensure
fair and reasonable rates and tariff. However, in determining whether
or
not service rates for a specific telecommunications service is to be
deregulated,
the Commission shall take into consideration the need to
cross-subsidize
the local exchange service until such time that the local exchange
service
is priced to reflect actual cost.
(c) Promotional or
special
rates lower than the duly approved rates for a period not exceeding
fifteen
(15) days shall not require approval by the Commission. The PTE
offering
the promotional or special rates shall inform the Commission in writing
at least two (2) days prior to the implementation of said promotion.
The
total period for promotional or special rates for one calendar year
shall
not exceed 30 days.
(d) Promotional or
special
rates lower than the duly approved rates for a period exceeding fifteen
(15) days shall be considered reduction in rates. After the period of
promotional
or special rates, the PTE shall charge the duly approved rates.
(e) Reduction in rates
shall
be acted upon by the Commission through an administrative process
involving
the mere submission of documentation in support thereof. The Commission
shall act on all applications for rates reduction within seven (7)
working
days from date of application.
(f) Any increase in
service
rates shall be filed in a separate application and shall undergo
quasi-judicial
proceedings.
(g) The Commission may
grant
provisional authority (PA) to charge increase in service rates
immediately
upon filing and compliance with jurisdictional requirements of
publication
and notice to affected parties provided that all documents required to
justify the increase is submitted and that a formal hearing must be
held
within thirty (30) days from the grant of the PA.
(h) Rates for the
rental
or lease of terminal equipment interconnected to the public
telecommunications
networks shall not require the approval of the Commission.
(i) All entities
operating
telecommunications services with deregulated rates shall submit to the
Commission monthly list of their service rates showing increases or
decreases.
(j) In approving rates,
the Commission shall consider the subsidy paid to the LE service
operators
by the operators of CMTS, national and international toll services.
800
CONSUMERS
AND
END USERS,
AND EXPANSION AND/OR MODERNIZATION OF EXISTING FACILITIES
810
CONSUMER
AND
END-USERS
RIGHTS AND RESPONSIBILITIES
(a) Customers or
end-users
shall
be provided with telecommunications services strictly within prescribed
service performance standards.
(b) Applicants for
basic
telephone service shall be served on a first come first served basis.
Provided,
that an applicant without any telephone service as yet, shall have the
priority over applicants with existing telephone service.
(c) Applications for
residential
or business telephone service shall be treated equally. Priority shall
be given to the provision of basic telephone service to those
performing
security, safety and emergency functions, e.g., hospitals, military,
police
and fire departments.
(d) Customer or
end-user
shall be responsible for all calls originating and terminating in his
own
terminal equipment. All calls originating and terminating in his own
terminal
equipment shall be billed against said terminal equipment. If the bill
is contested by the customer or end-user, the demanding carrier shall
provide
all information necessary to establish when, where and to whom the
calls
were made.
(e) Monthly billings
shall
be received by the customer or end user within fifteen (15) days after
the billing cycle.
(f) Billings for
services
rendered other than the local telephone service shall be served to the
customer or end-user within one hundred eighty (180) days from the date
the alleged services were delivered. Failure on the part of the PTE to
serve the bill within the specified period, said PTE shall be subject
to
sanctions pursuant to law, rules and regulations.
(g) The customer or
end-user
may participate in the monitoring of the compliance by the PTEs of the
prescribed standards and of the approved roll-out plans. The customers
or end-users cannot interfere with the arbitration or litigation of
complaints
filed before the Commission if not directly involved.
(h) If a subscriber for
telephone service requires ten (10) or more lines he/she is encouraged
to use private branch exchanges (PBX) or key telephone systems.
COMPLAINTS
(a) The PTEs shall
inform
all its subscribers of the person or office and the telephone numbers
within
its organization where its subscribers can file or phone in their
complaints
and act on all complaints received in whatever form and manner from its
subscribers within thirty (30) days from receipt of the complaint. The
office and the telephone numbers where the customers or end-users can
file
or phone in their complaints must be printed in the monthly bills sent
to the customers or end-users.
(b) Complainants who
are
not satisfied with the action of the PTE may bring the matter to the
Commission.
(c) Complaints received
by the Commission shall be acted upon within thirty (30) days from
receipt
of the complaint, the Commission shall call the parties for a
conference.
If within thirty (30) days the matter cannot be settled amicably, the
complaint
shall be forwarded to the Legal Department for appropriate legal action.
(d) For billing
complaints
filed with the Commission, the customer or end-user shall not be
required
to deposit the amount contested. The PTE may temporarily suspend the
service(s)
to the customer or end-user, subject to review by the Commission. If
the
Commission finds the suspension of service to be unwarranted, the
service
shall be restored immediately without any charges and the Commission
may
impose sanctions against the PTE pursuant to law, rules and regulations.
(e) The PTEs shall
submit
a monthly report on all complaints within fifteen (15) days after the
end
of each month detailing the nature of complaints, the action taken
thereon
including the reasons for the action and the response time.
820
CUSTOMER
PREMISES
EQUIPMENT
(a) The Rules and
Regulations
on the deregulation of Customer Premises Equipment under NTC MC 1-04-88
series of 1988 are hereby adopted.
830
EXPANSION
AND/OR
MODERNIZATION
(a) Expansion and
upgrading
of existing and previously approved plant and facilities for purposes
specified
in RA7925 within the same areas covered by the existing plant and
facilities
previously approved shall not require approval by the Commission.
(b) Any financing
arrangement
for the purpose specified in Rule 830(a) including increase of capital
shall not require approval by the Commission.
(c) The PTE who wishes
to
expand and/or upgrade its existing or previously approved plant and
facilities
within the same approved area shall submit to the Commission its
planned
expansion and/or upgrading, the timetable of implementation and the
amount
needed to carry out such expansion and/or upgrading thirty (30) days
prior
to the commencement of the projects.
(d) PTEs undertaking
expansion
and upgrading of facilities shall submit a quarterly report on the
status
of the project implementation incorporating therewith the list of
equipment,
materials and accessories and the amount actually invested.
900
OTHER
REGULATIONS
910
STANDARDS
(a) In prescribing
standards,
the Commission shall consider internationally recommended standards.
(b) Standards set by
international
organizations through a convention or treaty to which the Philippines
is
a party shall form part of the national standards.
920
CABLE
TELEVISION
(CATV)
(a) Cable TV
operations
shall
be governed by EO 205 series of 1987. If CATV operators offer public
telecommunications
services they shall be treated just like a public telecommunications
entity.
930
IN
CASE OF
MERGERS/ACQUISITIONS
OF CMTS/IC
(a) The
surviving entity
in
case of mergers or the entity that acquires a CMTS or IC shall assume
all
local service obligations of the CMTS/IC merged or acquired.
940
OTHERS
(a) Call back, dial
back
and other similar scheme which results in the same prohibited operation
is not and will not be authorized.
(b) Resale of private
leased
lines is prohibited and will not be authorized.
TRANSITORY
PROVISIONS
(a) PTEs with
franchises
granted by local government units which have been duly authorized by
the
Commission on or before 22 March 1995 with either a CPCN or a PA shall
continue to provide services until the expiration of their respective
franchises
or until their respective CPCNs or PAs are sooner revoked or cancelled.
(b) Valid and existing
franchises
which are not operating or without pending applications for certificate
of public convenience and necessity at the time of the effectivity of R.
A. 7925 (effectivity date is 23 March 1995) are deemed revoked.
IN
CASE OF
NULLITY
IN ANY OF THE PROVISIONS
(a) If, for any
reason,
any
provision, section, subsection, sentence, clause or term of this
Circular
is held to be unconstitutional or declared void by a competent court,
such
decision shall not affect the validity of the other provisions of this
Circular.
EFFECTIVITY
(a) This
Circular may be
revised,
amended or repealed as the Commission deems fit in accordance with law
and shall take effect within fifteen (15) days after publication in the
Official Gazette or in a newspaper of general circulation and the
filing
with the University of the Philippines Law Center three (3) certified
copies
of every rule adopted by it.
Quezon City, Philippines,
September 25, 1995.
(SGD.)
SIMEON L. KINTANAR
Commissioner
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