Republic of the Philippines

Department of Transportation and Communications

NATIONAL TELECOMMUNICATIONS COMMISSION
Quezon City

In Re: APPLICATION FOR A

CERTIFICATE OF AUTHORITY
TO ESTABLISH, INSTALL,
OPERATE AND MAINTAIN A
CABLE TELEVISION (CATV)
SYSTEM IN CEBU CITY,
PROVINCE OF CEBU WITH
PRAYER FOR THE ISSUANCE
OF A PROVISIONAL AUTHORITY,
NTC Case No. __________

DCTV CABLE NETWORK

BROADBAND SERVICES, INC.,
Applicant.
x------------------------------------------x

APPLICATION

Applicant DCTV CABLE NETWORK BROADBAND

SERVICES, INC. by the undersigned counsel and to this Honorable
Commission, most respectfully states: THAT---

1. The applicant is a domestic corporation duly organized

and existing under and by virtue of Philippine Laws with office
address at 2/F DCTV Centre 8 Fr. J.L. Bates Street, Old Albay
District, Legazpi City. For purposes, however, of the present
application, applicant may be served with summons, writs, orders,
resolutions and other legal processes of this Honorable Commission
at the address of its counsel herein-below indicated.

2. Applicant is represented in this application by Richard

Daniel Thomas D. Calleja and/or any of the lawyers of Surtida &
Hernandez Attorneys-at-Law, whose authority to initiate, file and
pursue the above-captioned application is evidenced by a Secretary’s
Certificate dated 24 October 2016 issued by the Corporate Secretary
of the Corporation, which is attached and made an integral part
hereof as Annex “A”.

3. Pursuant to Republic Act No. 3846, the provisions

enunciated by Executive Order No. 436 and Executive Order No. 205
series of 1985, as well as the relative laws pertinent thereto, applicant
seeks to secure a Certificate of Authority to install, operate and

1
maintain a Cable Television (CATV) System in Cebu City, Province of
Cebu.

4. Applicant is legally qualified to establish, operate and

maintain the cable television (CATV) system herein being applied for.
Appended hereto and made integral parts hereof as Annexes “B”,
“C” and “D”, respectively, are the Certificate of Filing of Amended
Articles of Incorporation, Amended Articles of Incorporation, and By-
Laws of the applicant showing that: (a) the applicant is authorized by
its primary purpose to engage in the installation, operation and
maintenance of cable television (CATV) facility; (b) the applicant is a
100% Filipino corporation as all its outstanding and issued shares of
stock are owned by Filipino citizens; and (c) the applicant’s Amended
Articles of Incorporation provides that no transfer of stock which
would reduce the stock ownership of Filipino citizens to less than the
required percentage of the capital stock as provided by existing laws
shall be allowed or permitted.

5. Applicant is also financially and economically qualified to

establish, operate and maintain the service herein being applied for.
The Financial and Economic Feasibility Studies supporting the instant
application, as well as all the relevant financial requirements shall be
submitted to the Honorable Commission and presented in the course
of the hearing on the merits of the instant case.

6. Also, applicant is technically qualified to establish,

operate and maintain the service herein being applied for. The
Technical Feasibility Studies supporting the instant application, as
well as the technical plans and diagrams and other specifications for
this project, such as the schedule of construction and
commencement of operation, the service area, the brochures for the
equipments, cable distribution plan and head-end block diagram, will
be submitted to this Honorable Commission during the hearing of the
instant application.

7. Applicant binds itself to provide ample public service

through the cable-casting of quality television programs as
enunciated by pertinent laws. Likewise, applicant undertakes that it
will at all times, adhere and conform to the standards set for quality
television programs and will comply with the “must carry” provision of
NTC Memorandum Circular No. 04-08-88 concerning the television
broadcast channels it will cable-cast.

8. Public good and interest urgently require the immediate

approval of the service herein applied for, and applicant also warrants
that it will operate the Cable Television (CATV) System being applied
for in accordance with the appropriate laws, policies, standards, rules
and regulations promulgated by this Honorable Commission.

2
 PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Commission to issue an order as follows:

1. Granting or issuing in favor of the applicant a Certificate

of Authority to establish, install, operate and maintain a Cable
Television (CATV) System in Cebu City, Province of Cebu after due
notice and hearing;

2. Approving Applicant’s application for the necessary permits

to purchase, possess and construct the cable television head-end
station and other allied equipment, and the necessary construction
permits thereto; and

3. Issuing or granting in favor of the applicant a Provisional

Authority to operate the Cable Television (CATV) System subject of
the instant application, pending release, approval and issuance in its
favor of a Certificate of Authority.

Other measures of relief, just and equitable under the premises,

are likewise prayed for.

26 October 2016. Pasig City for Quezon City.

SURTIDA AND HERNANDEZ

ATTORNEYS-AT-LAW
Counsel for the Applicant
Unit 6-G Strata 100 Bldg., Emerald Avenue,
Ortigas Center, 1600 Pasig City
Tel. No. (632) 636-6030
Telefax No. (632) 632-0273
Email: attys@hsglegal.com

By:

VENUS A. TORBELA-TIO
Roll of Attorneys No. 55899
PTR No. 1384325; 01/04/16; Pasig City
IBP No. 1017175; 01/04/16; RSM
MCLE Compliance No. V-0016978; 3/16/16

-and-

3
 CHRIS-JEROME J. MAGPUSAO
Roll of Attorney’s No. 65556
PTR No. 1966596; 6/22/16; Pasig City
IBP No. 1036366; 5/17/16; Aklan Chapter
MCLE Compliance: Admitted to the Bar on
June 2016

4
Republic of the Philippines )
_____________________ ) s.s.

VERIFICATION/CERTIFICATION

I, RICHARD DANIEL THOMAS D. CALLEJA, Filipino, of legal

age, and with business address at 2/F DCTV Centre 8 Fr. J.L. Bates
Street, Old Albay District, Legazpi City, after having been sworn to in
accordance with law, hereby depose and state: THAT---

1. I am the duly authorized representative of the Applicant

herein and pursuant to such authority I have caused the preparation
and filing of the foregoing application.

2. I have read the contents of the said application, the factual

allegations of which are true and correct based on my personal
knowledge and the records at hand.

3. No other action or proceeding involving the same issues

raised in the application has been commenced in the Supreme Court,
the Court of Appeals, or any other tribunal or agency, and, to the best
of my knowledge, no other action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency.

4. Should I thereafter learn that any other similar action or

proceeding has been filed or is pending before the Supreme Court,
the Court of Appeals or any other tribunal or agency, I undertake to
report that fact to this Honorable Commission within five (5) days.

RICHARD DANIEL THOMAS D. CALLEJA

Affiant

SUBSCRIBED AND SWORN to before me this __ day of

_________ 2016 in ____________ by the affiant who is personally
known to me and to me known to be the same person who executed
the foregoing document and has also exhibited to me his/her
Government issued ID with I.D. details as follows-
____________________ as competent evidence of his/her identity.

Doc. No. ______;

Page No. _____ ;
Book No. _____ ;
Series of 2016

5
6