Title
Philippine Domestic Satellite Communication Policy
Law
Dtc Department Circular No. 93-273
Decision Date
Jun 14, 1993
The Department of Transportation and Communications establishes a comprehensive policy to promote and regulate domestic satellite communications services, ensuring competitive market entry, interconnection standards, and the development of infrastructure to enhance communication access across the nation.

Law Summary

Definitions (Article I)

  • Provides clear definitions of critical terms such as:
    • Satellite carriers' carrier services: services provided by satellite carriers to terrestrially-based carriers.
    • Space segment lessee: entities authorized by the NTC to lease satellite capacity.
    • PSDN and PSTN: enfranchised public data and telephone networks respectively.
    • Receive-only satellite earth stations: stations receiving satellite signals for various uses.
    • Redistribution of satellite TV programs: retransmitting received satellite TV content publicly.
    • Satellite communications service provider: NTC-authorized entities providing satellite communication services.
    • Space segment and providers: satellite equipment and operators leasing capacity.

Market Structure (Article II)

  • Empowered enfranchised satellite communications providers to operate within franchise and NTC authorizations.
  • Providers may specialize or offer broad satellite services.
  • New services and tariffs require NTC approval to ensure regulatory compliance.

Market Entry (Article III)

  • Open application for CPCNs or provisional authorities; no exclusivity to existing license holders.
  • Evaluation criteria include legal, financial, technical capacity and market viability.
  • Private entities may operate private satellite networks if commercial services are inadequate.
  • Terminal equipment for customers regulated per existing NTC circular.

Interconnection Requirements (Article IV)

  • Mandatory interconnection between satellite providers and PSTN/PSDN operators upon request.
  • Interconnection must be non-discriminatory, at fair and reasonable terms.
  • Non-compliance subject to NTC sanctions.
  • Equal access and fair settlements form the basis of interconnection standards.

Broadcast Service Provisions (Article V)

  • Terrestrial broadcasters may procure satellite space segment capacity with prior NTC approval to expand signals.
  • Additional news/entertainment sub-carrier services require NTC authorization.

Satellite Television Regulation (Article VI)

  • Commercial operators of TVROs must secure a license and related authorizations from the NTC.
  • Non-commercial/national entities must register but license is not required.
  • Compliance with intellectual property laws emphasized.
  • Government respects lawful rights of content owners and distributors.

Dedicated Space Segment Policy (Article VII)

  • Supports the establishment of a viable dedicated domestic satellite space segment.
  • Endorses participation in regional satellite consortia.

Governmental and Sectoral Concerns (Article VIII)

  • Promotes democratization in ownership/operation, discouraging cross-media ownership conflicts.
  • Encourages fiscal policies favorable to satellite infrastructure investment.
  • Government agencies urged to use commercial providers rather than build own networks.
  • Coordination for innovative uses of satellite communications for social development.
  • Facilitates access to development funds for private providers.
  • Satellite facilities to be used consistent with national laws and interests.

Policy Implementation (Article IX)

  • NTC directed to:
    • Issue implementing rules within 15 days of effectivity.
    • Streamline TVRO permits/licensing.
    • Act on pending applications per new policies.
    • Ensure adequate interconnection circuits.
    • Guarantee non-discriminatory interconnection agreements.
    • Intervene and sanction non-agreement cases within 30 days.
    • Set fair access charge and revenue sharing settlements.
    • Enforce compliance and sanctions under the law.

Final Provisions (Article X)

  • Repeals or amends inconsistent prior regulations.
  • Maintains validity of other provisions if any part declared unconstitutional.
  • Effective 15 days post-publication; requires filing with UP Law Center.

This comprehensive policy framework balances private sector participation, technological advancement, regulatory oversight, and social welfare considerations to promote the development of domestic satellite communications in the Philippines.


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