Republic of the Philippines CITY OF SAN FERNANDO. Province of La Union REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF THE CITY OF SAN FERNANDO ON THE 29" DAY OF NOVEMBER 2011 PRESENT: Hon. Vice Mayor Hermenegio A. Gualberto Hon. Councilor Alfredo Pablo R. Ortega Hon. Gouncitor Jonathan Justo A. Orros Hon. Councilor Joseph Berard D. Valero Hon. Councilor Joseph M. de Guzman Hon. Councilor Andre H. Dacanay Hon. Councilor Florentino G. Flores, Jr Hon. Councilor Maryin R. Jucar Hon’ Gouncilor Lolita G. Dyquiangco Hon. Councilor Ramon F. Laudencia Hon. Councilor Wittedo P. Ordorio Hon. Member Ramon C. Ortega ABSENT: that Hon. Councilor Francisco Paolo P. Ortega V Hon. Councilor Rodolfo M, Abat ~ On sick leave Hon. Member Ramon Guio A. Ortega, Jr CITY ORDINANCE NO. 2011-08 "Be it ordained by the Sangguniang Panlungsod in session duly assembled ‘Section 1. Definition of Term. When used in this Ordinance Upgrading refers to changes/alterations to be made in the original building specifications of the cellular site in the same location, Section 2. Construction/Installation/Upgrading/Operation of Cellular Sites. No construction/instalation/upgradingloperation of a cellular site shall be undertaken unless an application fas been filed in the Sangguniang Paniungsod \Which shall have the power to grant authority to a telecommunications company to constructinstal/upgrade/operate a cellular site within the territorial jurisdiction of the City of San Femando. Section 3. Requirements. The following requirements shall be submitted to the Office of the Secretary to the Sangguniang Panlungsod in sixteen (16) copies for review of the Sangguniang Panlungsod: For New Application:City Ord. No. 2011-08, series of 2011, page two of 4 pages: Letter of application from the Telecommunications Company b, Barangay resolution interposing no objection to the. instalation, ‘construction and operation ofthe cell site . Resolution from other affected sectors, if any 4d. Certificate of public hearing with original copy of attendance sheet from the concerned barangay ©. Land owner's consent and proof of ownership f. Neighbor's consent forthe installation ofthe cell site 9. Deed of Undertaking, including a proviso that any transactions/arrangements/agreements entered into by the authorized ‘contractor shall be honored by the Telecommunication Company Undertaking the project fh. Height Clearance Permit from the Civil Aviation Authority i National Telecommunications Commission (NTC) clearance j. Department of Health (DOH) clearance k, Environmental Compliance Cerificate (ECCVCertificate of \Non- coverage L. Vicinity Map 'm. Building Specifications 1. Locational Clearance ©. Grant of Right of Way, if applicable P. Proof of paymenvOfficial receipt of the application fee of Ten Thousand Pesos (PhP'10,000.00) For Upgrading ‘2. Letter of application from the Telecommunications Company b. Deed of Undertaking, including proviso. that any transactions/arrangements/agreements entered into by the authorized contractor shall be honored by the Telecommunication Company Undertaking the project ¢. Height Clearance Permit from the Civil Aviation Authority 4. National Telecommunications Commission (NTC) clearance e. Department of Health (DOH) clearance . Environmental Compliance Certificate (ECC)Certifcate of Non- coverage 9. Building Specifications F. Proof of payment/Official receipt of the application fee of Ten Thousand Pesos (PhP 10,000.00) Section 4. Imposition of Fee. There shall be collected an application fee of ‘Ten Thousand Pesos (PhP 10,000.00) on telecommunieations companies who will ‘onstruct/installupgradeloperate cellular sites in the City of San Femando. Section 5. Time of Payment. The fee imposed herein shall be paid to the City Treasurer upon application. Section 6. Review of the Application. If in the course of review of the application, the applicant is found to have violated any provisions. of this Ordinance, the Sangguniang Panlungsod shall act on the application upon settlement of the penalties,City Ord. No. 2011-08, series of 2011, page three of 4 pages Section 7. Prohibition. No changes in the original specifications of a cellular site shall be undertaken unless a new application is filed. Section 8. Administrative Provisions. The following administrative provisions, shall be complied with in the constructionvnstallationlupgradingloperation of cellular sites in the City of San Fernando: ‘2, The clearing of debris after construction shall be the responsibilty of the Contractor. However, the telecommunications company shall be held liable in case of failure ofthe contractor to undertake the same. b, Should there be a change in contractor, it shall be the responsibilty of the telecommunications company to inform the City Goverment. ©. A perimeter fence or any appropriate structure must be constructed to prevent access of the public tothe antenna 4. Only authorized personnel shall be allowed to have access to the antenna tower. The radio frequency source must be tumed off whenever service personnel are working in areas where the power density levels are greater than the exposure limits stated above. Should there be ‘modifications in the RF transmission system that could affect the power density levels in the facility, the Bureau of Health Devices and Technology must be notified in writing prior to operation of the modified design, ‘Warming signs must be placed at strategic locations in the facility. A radiation safety officer who has undergone RF radiation safety seminar must be designated, g. The contractor/supplier or owner must undertake measurements to Generate a radio frequency radiation map to identify enough points Where the occupational and non-occupational exposure limits are located in the facility h. Itis understood that the telecommunications company warrants that the ‘construction/operation of the telecommunications facities shall not have adverse effect on the health of the immediate neighbors and the facilities shall not pose threat or danger to their ves and should not be considered as a health hazard. A violation of this warranty shall make the telecommunications company principally liable and responsible for ‘any damage or injury resulting therefrom, |. If found after due investigation that the telecommunications facilities installed is causing adverse effects on the health of the immediate Neighbors or has caused damage to them, the telecommunications ‘company shall promptly take remedial or corrective measures to remedy ‘of correct such adverse effect or damage and shall indemnify all those affected for all and whatever damages and injuries they sustained j, In the event that the communication tower breaks, crashes or topples down causing damage to life and property, the telecommunications company, shall, in accordance with law, indemnity the affected parties. ‘The normal operations of telecommunications equipment, including the tower in the community shall not adversely affect the signalireception of television, FM and AM radio broadcasts within their authorized bands, nor the operation of household appliances/electronic equipment such as CD. Players, video cassette recordersiplayers and microwave ovens of the Fesidents of the said barangay. If, however, the telecommunications equipment installed will cause adverse effects or damage to theCity Ord. No. 2011-08, series of 2011, page four of 4 pages ‘abovementioned appliances within the barangay, the telecommunications company shall promptly take remedial or corrective measures to remedy or cortect such adverse effect or damage. Section 9. Penalty. Any telecommunications company found Constructing/installing/upgradingfoperating a cellular site in the City of San Femando without prior authority from the Sangguniang Panlungsod and/or in violation of Sections 6 and 7 hereof shall be fined the amount of Five Thousand Pesos (PhP5,000.00) for every inspection and shall immediately discontinue its ‘operation until the proper authorization shall have been secured. Section 10. Separability Clause. If for any reason, any section or provision of this Ordinance is declared to be unconstitutional or invalid, the other sections or provisions hereof not so affected shall continue in ful force and effect. Section 11. Repealing Clause. All ordinances, local issuances or rules inconsistent with the provisions of this Ordinance are hereby repealed or modified accordingly. Section 12, Effectivity Clause, This Ordinance shall take effect upon approval. APPROVED.” CERTIFICATION | hereby certify to the correctness of the above quoted City Ordinance ‘enacted on Third Reading on November 29, 2017 ATTESTED: ss werugeci.oo ‘A. GUALBERTO Ee APPROVED this_5¢ day of December 2011. Mayor