Question & AnswerQ&A (MEMORANDUM CIRCULAR NO. 2018-001)
The Optical Media Board (OMB) previously regulated vinyl records as part of its regulatory scope over optical media and its technical variations.
Vinyl records are no longer classified under the regulation of the OMB because the technology for vinyl records was already available at the time of the creation of Republic Act No. 9239, and thus are not considered a technical variation.
Technical Variation refers to technologies that were unforeseeable at the time of the creation of Republic Act No. 9239.
The importation, exportation, manufacture, distribution, sale, rental, and other commercial transactions involving vinyl records shall no longer be subject to the registration and licensing requirements of the OMB.
Yes. The memorandum states that the provisions are without prejudice to the licensing and other legal requirements that may be imposed by law and other government agencies.
This memorandum circular shall take effect within fifteen (15) days from its publication.
No. The memorandum applies prospectively and does not affect pending applications in the Record Licensing Division (RLD) from the date of effectivity.
The OMB cites Board Resolution No. 18-03-03 and the powers and functions granted under Section 10, subsections (a) and (c) of Republic Act No. 9239.
All orders, issuances, or parts thereof that are inconsistent with the provisions of this memorandum circular are repealed or modified accordingly.
The severability clause ensures that if any provision of the circular is declared invalid or unconstitutional, the remaining provisions shall remain valid and effective.