Title
NTC Radio Spectrum Allocation and Assignment
Law
Ntc Memorandum Circular No. 3-3-96
Decision Date
Mar 4, 1996
The National Telecommunications Commission establishes guidelines for the review, allocation, and assignment of radio spectrum, ensuring compliance with international standards while optimizing frequency use for public telecommunications and other essential services.

Questions (NTC MEMORANDUM CIRCULAR NO. 3-3-96)

It is issued pursuant to Rule 600 of NTC Memorandum Circular (MC) 8-9-95, the Implementing Rules and Regulations on RA 7925.

It shall be reviewed once every two (2) years during the second quarter, and may be revised or amended as necessary.

When national security so requires; when the Commission deems it necessary and essential to the interest of the country; or when the Philippines has a regional and/or international commitment as a signatory to bilateral or multilateral agreements.

It must be conducted in consultation with the industry and/or affected parties, with the end of optimizing the use of the radio spectrum.

Yes. It is a public document and shall be made available to all upon request.

It must be in accordance with the International Table of Radio Frequency Allocation issued by the International Telecommunications Union (ITU), consistent with national priorities and demand for frequency usage.

The NTC shall allocate available radio frequencies required to satisfy demand for customer access for the next ten (10) years, based on justified target demand and the results of radio frequency planning study.

Reallocations must consider frequency allocations for customer access services, broadcast services, maritime, aeronautical and other safety services, and military and government radio stations/networks operated to promote or serve national interest.

Allocations in these services shall be technology neutral, and users are encouraged to use state-of-the-art technologies and minimum channel band width and power output without sacrificing service reliability.

No. New assignments must be made strictly in accordance with the approved and current NRFAT.

They shall be recalled; affected users shall be relocated based on availability of frequencies, and the Commission must extend special efforts to assist those affected.

Frequencies assigned to private networks covered by valid permits and licenses and unused for at least one (1) year from issuance may be recalled after service of notice in writing.

For PTEs, frequencies may be recalled after service of notice and hearing if unused for at least one (1) year from issuance of permits and licenses.

No. It expressly states that no reservation of radio frequency channels or bands shall be allowed.

The cost of transfer is borne by the new assignees to the radio frequency channel/band where the previously authorized users’ radio frequencies fall within.

They must negotiate in good faith within ninety (90) days from receipt of notice of relocation.

The Commission shall mandate settlement when the parties fail to come to an agreement within ninety (90) days from receipt of notice of relocation or when warranted under the circumstances.

The Commission shall hold open tenders to ensure wider access to these limited resources.

Assignable frequencies for the year must be published in a newspaper of general circulation and conspicuously posted on the NTC bulletin board within three months from the effectivity of the NRFAT (and within the first quarter of each year thereafter). Applications must be filed within forty-five (45) days from such publication, with the application for the proposed service.


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