Policy, coverage, and access framework
- Access to international satellite systems is regulated so that public telecommunications entities (PTE) enfranchised and certificated to provide international telecommunications services can obtain direct access subject to the circular’s conditions and applicable law.
- Access is also regulated for persons and entities that are not PTE operators, including subscribers/users, government entities, private individuals, and companies or corporations, when the circular authorizes such access under specified conditions.
- Use of satellite capacity and earth station operations are treated as regulated activities requiring Commission approval and/or permits and licenses under the circular’s structure.
- All authorizations and approvals are subject to existing laws, treaties, conventions, and operating agreements to which the Philippines is, or may become, a Party.
Definitions and key terms
- Direct-to-home satellite service means the distribution or broadcasting of television programs directly to subscribers’ premises.
- A DTH subscriber is an individual or juridical person that receives DTH service for either personal or commercial use.
Access to international fixed satellite systems
- Section 1 provides that, except when disallowed by law, public telecommunications entities (PTE) enfranchised and certificated to install, operate, and maintain international telecommunications systems and services are allowed direct access to any international fixed satellite system if all conditions are met:
- The international satellite operator has an existing reciprocal agreement with the Philippines and that reciprocal agreement is validated by the Commission;
- The concerned international satellite system operator has commercial presence in the country; and
- Philippine satellite operator(s) are given preference to provide the space segment capacity requirements of the enfranchised telecommunications entity after all factors are equally considered.
- Section 1 also allows direct access for entities engaged in research and development, education, health, safety and rescue to international satellite systems designed and operated solely for those purposes.
- Section 2 allows a duly enfranchised broadcast operator to obtain space segment capacity from space segment providers upon prior authorization from the Commission, limited to supplying or expanding the operator’s station signals within its network or to other broadcast stations, consistent with Section 1 of Article I.
- Section 3 requires that the terms and conditions, including levels of access, to international fixed satellite systems must be submitted to the Commission for approval by entities described in Sections 1 and 2.
- Section 4 allows subscribers/users of specific service rendered by duly authorized PTEs to be allowed direct access to a fixed satellite system, subject to Section 1 of Article I.
Access to international mobile satellite systems
- Section 5 provides that PTEs authorized to offer international maritime and aeronautical services may be allowed direct access to any international mobile satellite systems.
- Section 5 further provides that PTEs authorized to offer international land mobile services may access any international mobile satellite system subject to Section 1 of Article I.
- Section 6 allows government entities, private individuals, companies or corporations to be allowed direct access to any international mobile satellite systems, subject to Section 1 of Article I.
- Section 6 requires that lease or rental of transponder space shall be through a duly enfranchised and certificated PTE.
International satellite news gathering permits
- Section 7 allows foreign news media organizations to be issued a Special Permit by the Commission to use their own international satellite news gathering (SNG) earth stations for news gathering activity of not more than fifteen (15) days, provided that the countries where the organizations are registered allow reciprocal agreements on international SNG access for Philippine news media organizations.
- Section 8 authorizes the Commission to allow one extension for not more than fifteen (15) days on meritorious grounds upon payment of the required fees and charges.
- Section 9 limits foreign news media organizations to exceptional cases for countries with no reciprocal agreement with the Philippines on international SNG access, requiring clearances and recommendations from the Department of Foreign Affairs and prior authorization from the Commission.
- Section 10 requires issuance of a special permit to foreign news media organizations complying with Section 9, valid for fifteen (15) days, after payment of the required fees and charges, with extensions granted upon payment of required fees and charges.
Direct-to-home (DTH) TV services regulation
- Section 11 allows any entity organized under the laws of the Republic of the Philippines, wholly owned and managed by Filipino citizens, and duly enfranchised by Congress to apply for Commission authority to install, operate and maintain a Direct-to-Home (DTH) TV system to offer DTH service, subject to Section 1 of Article I for satellite system access.
- Section 13 requires DTH applications to undergo a quasi-judicial process and include, among others:
- Proof of the applicant’s legal, technical and financial capability;
- Description of the type of service to be provided;
- The technology to be employed;
- Technical and financial feasibility studies; and
- Proof of availability of the satellite transponder(s) to be used, subject to Section 1 Article I.
- Section 14 requires DTH systems to be operated in accordance with criteria and technical characteristics recommended by the Final Acts of the WRC for planning broadcasting satellite service, including transponder, personnel, contents, etc.
- Section 16 restricts supply and installation of satellite receivers/dishes and its peripherals to only duly enfranchised and authorized DTH operators or their authorized distributors.
- Section 17 prohibits re-distribution of DTH service provider signals without express consent and requires compliance with applicable intellectual property rights (IPR) rules and regulations.
- Section 18 requires all DTH terminal equipment to be duly licensed by the Commission for a maximum of three (3) years.
- Section 19 requires dealers, suppliers, manufacturers, importers, and distributors of DTH terminal equipment to secure the required accreditation or permit from the Commission to sell/distribute such equipment, under existing rules and regulations or other rules the Commission may promulgate.
Earth station permits and licenses
- Section 20 requires duly enfranchised and certificated international telecommunications entities that opt to use satellite systems to apply to the Commission for permit and/or license to install, operate, and maintain earth station(s) for direct access to international fixed satellite systems.
- Section 21 requires that all earth stations, fixed and mobile, conform with technical and operating standards under relevant ITU-T recommendations and resolutions corresponding to the stations they directly access.
- Section 22 requires that all earth stations—fixed and mobile—of authorized telecommunications carriers be duly licensed by the Commission.
- Section 23 requires international satellite broadcast service providers to apply for permits and/or licenses to install, operate, and maintain satellite earth stations, subject to Article I, Section 2, and Article V, Sections 21 and 22.
- Section 24 allows government agencies, private individuals, companies, or corporations under Section 6 of Article II to apply for permits and licenses to own, operate, and maintain mobile earth station(s) for direct access through duly enfranchised and certificated PTEs, subject to Section 1 of Article I, and Article V, Sections 21 and 22.
- Section 25 allows international mobile satellite earth stations owned by foreign nationals and entities to operate in the Philippines subject to domestic laws, rules and regulations.
- Section 26 limits equipment use in the country to only NTC type-approved/type accepted satellite earth station terminals.
Fees, charges, and spectrum payments
- Section 27 requires collection of the following fees and charges:
- Filing Fee: PHP 150.00
- Permit to Purchase: 300.00/station
- Permit to Possess: 300.00
- Construction Permit: 1,000.00
- Inspection Fee: 1,000.00/year
- Radio Station License (ML/P): 300.00/year
- Radio Station License (fixed): 300.00/Mhz
- Special Permit (SP) for SNG: 200,000.00
- Extension of SP for SNG: 100.000.00
- Section 28 requires payment of annual spectrum user fees prescribed in NTC Memorandum Circular No. 10-10-97 for fixed satellite earth stations.
- Section 28 requires that, for subscriber/end-user mobile and/or fixed satellite earth stations where there are no systems gateways installed in the Philippines, the annual spectrum user fee is PhP1.00 per kilohertz of the bandwidth required for the transmission of messages to satellite systems.
Final provisions and continuing regulatory effect
- Section 29 requires that all authorizations and approvals for access to international satellite systems remain subject to existing laws, treaties, conventions, and operating agreements.
- Section 30 allows existing agreements for use of satellite systems owned and operated under authority of a country that does not allow its citizens or subjects to access Philippine satellite systems to operate only until their expiration, after which access is governed by the circular.
- Section 31 authorizes the Commission to amend, revise, or modify permit and/or license terms and conditions in the interest of the public, in accordance with law.
- Section 32 provides that violations of any provisions of the circular are handled in accordance with existing law.
- Section 33 repeals or modifies any existing orders, circulars, memoranda, issuances, and/or rules and regulations inconsis