Question & AnswerQ&A (DTC DEPARTMENT CIRCULAR NO. 93-273)
The 1987 Constitution provisions include Article II, Section 20 recognizing the role of the private sector and encouraging private enterprise; Article XII, Section 19, which mandates regulation or prohibition of monopolies; and Article XVI, Section 10, which requires the State to provide a policy environment for the development of Filipino communication capabilities while respecting freedom of speech and the press.
The Department of Transportation and Communications (DOTC) is tasked with establishing and administering a comprehensive and integrated program for communications, including satellite communications.
A Satellite Communications Service Provider is any entity authorized by the National Telecommunications Commission (NTC) to provide satellite communications services, either as a carrier's carrier or as a common carrier.
New entrants must apply for a Certificate of Public Convenience and Necessity (CPCN) or provisional authority (PA), demonstrating legal, financial, and technical capability, and economic viability as evaluated by the NTC.
Private entities may be authorized by the NTC to own and operate private satellite networks only if satellite communications service providers lack adequate facilities at fair and reasonable rates to meet their requirements.
PSTN and PSDN providers must interconnect with satellite communications providers upon request in a non-discriminatory manner, under reasonable terms and conditions. Failure to comply may result in sanctions imposed by the NTC.
Owners and operators of TVROs who provide commercial redistribution of satellite television programs must obtain a TVRO license from the NTC as well as any other required authorizations.
No, non-profit entities and individuals not providing commercial services do not need a TVRO license but must register their TVROs with the NTC.
Authorized owners and operators of satellite television must comply with intellectual property rights and other applicable laws, with the government policy supporting respect for legal rights of content owners and distributors.
The policy, based on constitutional mandates, restricts monopolies and combinations in restraint of trade, promoting a dynamic, healthy, and competitive environment in the domestic satellite services industry.