Radio Law Prelims

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RADIO LAW

Actions of the Secretary of DOTC against the violators of


MODULE 1 Radio Laws or Regulations:
DEPARTMENT OF TRANSPORTATION AND - bring criminal actions
COMMUNICATIONS (DOTC) - confiscate the radio apparatus in case of illegal operations
- is the primary government agency responsible for the
development and regulation of transportation and Powers & Functions of DOTC over Radio Training Schools:
communications systems. - to prescribe rules & regulations to be observe by radio
training schools
Part of its mandate is to ensure safe and reliable services to - to supervise the course and method of instruction in radio
accelerate economic development and to better serve the training schools
transport and communications needs of the citizenry. - refuse to admit in examination for radio operators license,
graduates of radio schools not complying with the regulations
LEGAL BASIS
EXECUTIVE ORDER 546 (July 23 1979) ATTACHED AGENCIES
- converted the then Ministry of Public Works, Transportation
and Communications (MPWTC) into two ministries, namely, OFFICE FOR TRANSPORTATION SECURITY (OTS)
the Ministry of Transportation and Communications (MOTC) - is the single authority responsible for the security of the
and the Ministry of Public Works and Highways (MPWH), and transportation systems of the country, including, but not
redefined the roles and priorities of each ministry. limited to, the following: Civil Aviation, Sea Transport and
Maritime Infrastructure, Land Transportation, Rail System
EXECUTIVE ORDER 125 (January 30, 1987) and Infrastructure. It was created by virtue of Executive
- converted the MOTC to the Department of Transportation Order No.277. In response to the international mandate (i.e.
and Communication (DOTC), structurally and functionally ICAO and IMO guidelines) calling for a single authority for all
reorganized the Department, and defined its powers and modes of transportation security in the Philippines, E.O. 311
functions. was issued on April 26, 2004.

EXECUTIVE ORDER 125-A (April 13, 1987) CIVIL AVIATION AUTHORITY OF THE PHILIPPINES (CAAP)
- clarified and further modified the structural and functional - is responsible for implementing policies on civil aviation in
organization of the DOTC as provided under EO No. 125 to order to ensure safe, economical, and efficient air travel. As
ensure fulfillment of its mandate and attainment of its an independent regulatory body with quasi-judicial and
objectives. quasi-legislative powers, the CAAP is mandated to set
comprehensive, clear and impartial rules and regulations for
MANDATE the Philippine aviation industry.
The Department of Transportation and Communications
(DOTC) develops, promotes, implements, and maintains MANILA INTERNATIONAL AIRPORT AUTHORITY
integrated and strategic transportation and communications - created by Executive Order 778, the MIAA provides safe,
systems that will ensure safe, reliable, responsive, and viable efficient, and reliable airport facilities for international and
services to accelerate economic development and to better domestic travel at the Ninoy Aquino International Airport
serve the transport and communications needs of the (NAIA). It is also tasked with promoting NAIA as a center for
people. international trade and tourism.

DEPARTMENT OF TRANSPORTATION AND CLARK INTERNATIONAL AIRPORT CORPORATION


COMMUNICATIONS (DOTC) - CIAC fully commits to provide quality management of
airport infrastructure and services in order to realize our
POLICY vision to be premier world-class airport of the Philippines by
- to promote the rapid expansion of telecommunications in 2020; the secondary airport of choice by 2017; and, a
all regions competitive aviation services center in the Asia Pacific
- the government will rely on the private sector to build and Region by 2015.
operate telecommunications facilities in all regions
- the government will privatize its existing CIVIL AERONAUTICS BOARD (CAB)
telecommunications operations - is tasked with regulating, promoting, and developing the
- the NTC is directed to established procedures to ensure economic aspects of civil aviation in the Philippines. The
rapid approval of viable projects proposed by private sector CAB regulates the lease, purchase, and sales of aircraft, along
with overseeing consolidations and mergers of domestic air
Policy of DOTC on interconnection & revenue share by carriers.
public communications carriers:
- all facilities offering public telecommunication services shall MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY
be interconnected into nationwide telecommunication (MCIAA)
networks - is in charge of operating and maintaining the Mactan
- interconnection requires technical compatibility International Airport, which is currently the premier gateway
- all service operators must follow national standards to the Central Visayas. The MCIAA provides airport safety and
approved by NTC security, and also implements airport rules and regulations.
PHILIPPINE AEROSPACE DEVELOPMENT CORPORATION
(PADC) FUNCTIONS
- undertakes business and development activities for the - Policy formulation
establishment of a reliable aviation and aerospace industry - Industry/ services regulation
within the Philippines. It engages in the design, manufacture, - Infrastructure development
and sale of all forms of aircraft, and also develops local - International cooperation
capabilities in the maintenance, repair, and modification of
aviation equipment. SECTORIAL AGENCIES (DOTr)
LAND TRANSPORTATION OFFICE (LTO)
OTHERS - promotes the safety and comfort of the traveling public
- TOLL REGULATORY BOARD (TRB) with respect to motor vehicles. The LTO is also tasked with
- OFFICE OF TRANSPORT COOPERATIVES (OTC) collecting various fees from the registration of motor
- PHILIPPINE NATIONAL RAILWAYS (PNR) vehicles, the issuance of licenses to qualified motor vehicle
- LIGHT RAIL TRANSIT AUTHORITY (LRTA) drivers, the collection of fines and penalties for motor vehicle
- NORTH LUZON RAILWAYS CORPORATION (NLRC / North rail) related infractions, and the issuance of motor vehicle license
- PHILIPPINE PORTS AUTHORITY (PPA) plates.
- MARITIME INDUSTRY AUTHORITY (MARINA)
- CEBU PORTS AUTHORITY (CPA) LAND TRANSPORTATION FRANCHISING AND REGULATORY
- PHILIPPINE MERCHANT MARINE ACADEMY (PMMA) BOARD (LTFRB)
- was created by virtue of an Executive Order issued on June
The Department of Transportation and Communications 19, 1987, with the goal of simplifying the land
(DOTC) has now been split into two government agencies: transportation industry franchising system. Since the
The Department of Transportation (DOTr) and the creation of the LTFRB, the issuance of franchises for land
Department of Information and Communications transport operators has become more stringent, resulting in
Technology (DICT) higher safety standards for land travel. Technical evaluation
staff ensure that operating and safety standards of
DEPARTMENT OF TRANSPORTATION (DOTr) commercial and private vehicles are observed, prior to the
- is the executive department of the Philippine government issuance of operating franchises.
responsible for the maintenance and expansion of viable,
efficient, and dependable transportation systems as effective PHILIPPINE COAST GUARD (PCG)
instruments for national recovery and economic progress. - is an armed and uniformed service primarily tasked with
- it is the primary policy, planning, programming, enforcing all applicable laws within the Philippine waters,
coordinating, implementing and administrative entity of the conducting maritime security operations, safeguarding of
executive branch of the government on the promotion, life and property at sea and protecting the marine
development and regulation of a dependable and environment and resources.
coordinated network of transportation systems, as well as in
the fast, safe, efficient and reliable transportation services. DEPARTMENT OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY (DICT)
As one of the first government agencies established under
the Malolos Constitution on January 21, 1899, the DOTr MANDATE
plays a crucial role in accelerating the country's economic The Department of Information and
development. It provides the backbone for growth and Communications Technology (DICT) shall be the primary
enhances the country's competitive edge by providing policy, planning, coordinating, implementing, and
effective and efficient transportation infrastructure systems administrative entity of the Executive Branch of the
that narrow the geographical and physical divide, connecting government that will plan, develop, and promote the
the country, its islands, and its people to the rest of the national ICT development agenda. (RA 10844)
world.
MISSION
VISION “DICT of the people and for the people.”
By 2030, DOTr is a world class organization, The Department of Information and Communications
providing integrated transport, connecting people, islands, Technology commits to:
families, communities and the nation with the rest of the - Provide every Filipino access to vital ICT info structure and
world, and constantly responding for environmentally services
sustainable and global competitive transport. - Ensure sustainable growth of Philippine ICT-enabled
industries resulting to creation of more jobs
MISSION - Establish a One Digitized Government, One Nation
To provide the country with efficient, effective, and - Support the administration in fully achieving its goals
secure transportation systems that are globally competitive, - Be the enabler, innovator, achiever and leader in pushing
compliant with international standards, and responsive to the country’s development and transition towards a world-
the changing times. class digital economy

VISION
“An innovative, safe and happy nation that thrives through
and is enabled by Information and Communications
Technology.”
DICT aspires for the Philippines to develop and flourish
through innovation and constant development of ICT in the MODULE 2
pursuit of a progressive, safe, secured, contented and happy HISTORICAL BACKGROUND OF THE NATIONAL
Filipino nation. TELECOMMUNICATINS COMMISSION

CORE VALUES NATIONAL TELECOMMUNICATINS COMMISSION (NTC)


D – Dignity - the Philippines' National Telecommunications Commission
I – Integrity abbreviated as NTC, is an attached agency of the
C – Competency and Compassion Department of Information and Communications
T – Transparency Technology responsible for the supervision, adjudication and
control over all telecommunications services and television
POWERS AND FUNCTIONS OF DICT: and radio networks throughout the country.
1. Formulate, recommend and implement national policies,
plans, programs and guidelines that will promote the - the NTC is headed by NTC officer -in -charge Ella Blanca
development and use of ICT with due consideration to the Lopez as the full - fledged commissioner of the agency, who
advantages of convergence and emerging technologies; assumed office on Feb. 7, 2023, and served under the
2. administration of President Ferdinand “Bongbong” Marcos.
3. Formulate policies and initiatives, in coordination with the
Department of Education (DepED), the Commission on Higher The National Telecommunications Commission
Education (CHED), and the Technical Education and Skills (NTC) was created under Executive Order No. 546
Development Authority (TESDA), to develop and promote ICT promulgated on July 23, 1979, and conferred with regulatory
in education consistent with the national goals and and quasi-judicial functions taken over from the Board of
objectives, and responsive to the human resource needs of Communications and the Telecommunications Control
the ICT and ICT-enabled services (ICT-ES) sectors; Bureau, which were abolished in the same Order.

4. Provide an integrated framework in order to optimize all Primarily, the NTC is the sole body that exercises
government ICT resources and networks for the identification jurisdiction over the supervision, adjudication and control
and prioritization of all E-Government systems and over all telecommunications services and television
applications as provided for the E-Government Masterplan networks throughout the country. For the effective
and the Philippine Development Plan (PDP) enforcement of this responsibility, it adopts and promotes
such guidelines, rules, and regulations relative to the
ATTACHED AGENCIES (DICT) establishment operation and maintenance of various
telecommunications facilities and services nationwide.
NATIONAL TELECOMMUNICATIONS COMMISSION (NTC)
- is working hand in hand with DOST-ASTI and DICT to Although independent in so far as its regulatory and
succeed in reaching both NTC’s Mission, Vision, Performance quasi-judicial functions are concerned, the NTC remains
Pledge and E-Government Master Plan 2.0 (2016-2022), under the administrative supervision of the Department of
which aim to improve processes in government, to provide Information and Communication Technology as an attached
better services to both citizens and businesses, as well as agency. However, with respect to its quasi-judicial functions,
promote public participation. NTC's decisions are appealable only and directly to the
Supreme Court of the Philippines.
NATIONAL PRIVACY COMMISSION (NPC)
- is the country’s privacy watchdog; an independent body MISSION
mandated to administer and implement the Data Privacy Act By 2025, the NTC is a world class regulatory agency
of 2012, and to monitor and ensure compliance of the meeting the challenges of the digital world
country with international standards set for data
protection. VISION
Maintain a responsive regulatory environment for
CYBERCRIME INVESTIGATION AND COORDINATING CENTER an effective telecommunications/ ICT sector
(CICC)
- created upon the approval of Republic Act 10175 or the MANDATE
Cybercrime Prevention Act of 2012, is an attached agency of  • To regulate the installation, operation, maintenance of
the Department of Information and Communications radio stations both for public & private use. (Radio Control
Technology (DICT), and is chaired by the DICT Secretary. Law, Act No.3846, as amended)
- All powers and functions related to cybersecurity including, • To regulate & supervise the provision of public
but not limited to, the formulation of the National telecommunications services (Radio Control Law, Act No.
Cybersecurity Plan, establishment of the National Computer 3846, as amended & Public
Emergency Response Team (CERT), and the facilitation of • Telecommunications Policy Act of 1995, RA No. 7925)
international cooperation on intelligence regarding
cybersecurity matters are transferred to the Department.
• To manage the radio spectrum (Radio Control Law, Act President Gloria Macapagal-Arroyo issued Executive Order
No. 3846, as amended & Public Telecommunications Policy 269 creating the Commission on Information and
Act of 1995, RA No.7925) Communications Technology and transferring the NTC from
• To regulate & supervise the radio & television the DOTC to the CICT.
broadcast stations, cable television (CATV) & pay television
(EO No. 546 & EO No.205)
TIMELINE
2005:
1927: President Gloria Macapagal-Arroyo issued Executive Order
Act No. 3396 known as the SHIP RADIO STATION LAW was 454 transferring the NTC back to the DOTC.
enacted. The Radio Construction and Maintenance Section,
the first radio regulatory office was charged to enforce the 2008:
said law President Gloria Macapagal-Arroyo issued Executive Order
648 transferring the NTC back to the CICT.
1931:
Act No. 3846 known as the RADIO CONTROL LAW was 2011:
enacted. The Radio Control Division in the Bureau of Post was President Benigno S. Aquino III issued Executive Order No.
created under the jurisdiction of the then Secretary of 47 (June 23, 2011) which retains the NTC under the Office of
Commerce and Communications. the President as part of the Other Executive Offices (OEO)

1939: 2016:
The Radio Control Division was transferred to the President Benigno S. Aquino III signed Republic Act No.
Department of National Defense which was organized 10844 creating the Department of Information and
pursuant to Executive Order No. 230. Communications Technology (DICT) and making the NTC an
attached agency of the newly created executive department.
1947:
The Radio Control Division was again transferred to the The NTC is headed by a Commissioner appointed by the
Department of Commerce and Industry which was created President:
pursuant to Executive Order No. 230. The National Telecommunications Commission has
been "hands off" since 1995 with the passage of Republic Act
1951: No. 7925 which has effectively deregulated and privatized the
Republic Act 1476 was enacted abolishing the Radio Control telecom industry. It is argued, that the "hands off" approach
Board. resulted in the Philippines having one of the slowest
Internet in Asia. The NTC itself stated the said law is the
1962: "reason why the government has difficulty in regulating
Department Order 51 was issued changing the name of the internet service today".
Radio Control Division to the Radio Control Office.
LEGAL BASIS
1972: Act No. 3396 (December 5, 1927), Ship Radio
The Board of Communications (BOC) was created under the Station Law, provided for the first radio regulatory office,
Integrated Reorganization Law. It was the first quasi-judicial known as Radio Construction and Maintenance Section
body with adjudicatory powers on involving (under the Telegraph Division of the Bureau of Posts), to
telecommunications services. enforce radio laws and regulations, particularly the
installation of radio obligatory for Philippine-registered ships
1974: to protect life and property at sea.
The Radio Control Office was renamed the
Telecommunications Control Bureau. Act No. 3846 (November 11, 1931), Radio Control
Law of the Philippines, created the Radio Control Division in
1979: the Bureau of Posts under the general supervision of the
By virtue of Executive Order 546, the TCB and the BOC were Secretary of Commerce and Communications
integrated into a single entity now known the National
Telecommunications Commission- The Ministry of Executive Order No. 230 (November 1, 1939)
Transportation and Communications, which was created formally organized the Department of National Defense
under the same Order has administrative jurisdiction over the (DND), transferring the Radio Control Division to it in view of
NTC. the national defense and security aspects of the
establishment and operation of radio stations in the country.
1987:
President Corazon Aquino issued Executive Order 125-A Executive Order No. 94 (July 1, 1947) created the
making the NTC an attached agency of the Department of Department of Commerce and Industry, transferring to it
Transportation and Communications. (from the DND) the Radio Control Division on the rationale
that radio regulation is a factor in the promotion of
2004: commerce and industry. 
Executive Order No. 392 (January 1, 1951) E.O. 59
transferred the Radio Control Board to the Department of - Prescribing The Policy Guidelines For Compulsory
Public Works and Communications (DPWC) under which Interconnection Of Authorized Public Telecommunications
setup the Board supervised the Radio Control Division. Carriers In Order To Create A Universally Accessible And Fully
Integrated Nationwide Telecommunications Network And
Thereby Encourage Greater Private Sector Investment In
Telecommunications 
Executive Order No. 546 (July 23, 1979) abolished E.O. 109
the Telecommunications Control Bureau and the Board of - Policy To Improve The Provision Of Local Exchange Carrier
Communications, integrating it into a single entity, the Service 
National Telecommunications Commission (NTC), under the
administrative jurisdiction of the Ministry (later Department) E.O. 196
of Transportation and Communications which the EO - Vesting The Jurisdiction, Control And Regulation Over The
created.  Philippine Communications Satellite Corporation With The
Executive Order No. 269 (January 12, 2004) created National Telecommunications Commission 
the Commission on Information and Communications
Technology (CICT), with the NTC as an attached agency.  E.O. 205
- Regulating The Operation Of Cable Antenna Television
Executive Order No. 454 (August 16, 2005) (CATV) Systems In The Philippines, And For Other Purposes
transferred the NTC back to the Department of
Transportation and Communications (DOTC).  E.O. 436
- Prescribing Policy Guidelines To Govern The Operations Of
Executive Order No. 648 (August 6, 2007) attaching Cable Television In The Philippines 
again the NTC from DOTC to CICT, as a Locally Funded Project
under the Office of the President.  E.O. 467
- Providing For A National Policy On The Operation And Use
Executive Order No. 47 (June 23, 2011) retains the Of International Satellite Communications In The Country 
NTC under the Office of the President as an Other Executive
Offices (OEO) E.O. 468
- Providing For The Creation Of A National Council For The
LAWS, RULES & REGULATIONS under NTC Promotion Of Electronic Commerce In The Country 

REPUBLIC ACTS E.O. 469


RA 3846 An Act Providing For The Regulation of - Amending Executive Order No. 190 Dated 19 July 1994
Radio Stations And Radio Communications In The Philippine Approving And Adopting The National Information
Islands, And For Other Purposes Technology Plan 2000 And Establishing The National
Information Technology Council 
RA 6849 An Act Providing For The Installation,
Operation, And Maintenance Of Public Telephones In Each E.O. 546
And Every Municipality In The Philippines, Appropriating - Creating A Ministry Of Public Works And A Ministry Of
Funds Therefor And For Other Purposes Transportation And Communications

RA 7925 An Act To Promote And Govern The JOINT MEMORANDUM CIRCULARS


Development Of Philippine Telecommunications And The NTC-DICT-DTI JOINT MC 05-12-2017
Delivery Of Public Telecommunications Services An Act - Prescribing a One (1) Year Expiration Period for Prepaid
Providing For The Installation, Operation, And Maintenance Loads
Of Public Telephones In Each And Every Municipality In The
Philippines, Appropriating Funds Therefor And For Other DRAFT JOINT MC
Purposes. - Proposed Rules and Regulations on the Selection of a New
Player in the Public Telecommunications Market
PRESIDENTIAL DECREES
PD 576
- A Regulating The Ownership And Operation Of Radio And
Television Stations And For Other Purposes 

PD 1986
- Creating The Movie And Television Review And
Classification Board 

PD 1987
- An Act Creating The Video gram Regulatory Board

EXECUTIVE ORDERS

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