Legal basis and governing references
- The Commission issued the circular in line with Department Circular No. 93-273 and pursuant to Executive Order No. 546 and Executive Order No. 205.
- The circular is anchored on Act No. 3846, as amended (Radio Control Law).
- The circular is also anchored on Act No. 146, as amended (Public Service Act).
- Interconnection agreements must comply with EO 59 series of 1993 and its implementing guidelines.
- Service performance standards and technical standards must follow NTC MC No. 10-17-90 and NTC MC No. 10-16-90, respectively.
Definitions governing the circular
- The Commission refers to the National Telecommunications Commission.
- Satellite Communications means transmission, emission, and/or reception of radio signals involving one or more space and earth stations.
- A Satellite Earth Station is a station in the satellite service located on earth’s surface or within a major portion of earth’s atmosphere and intended for communications.
- Space Segment means orbiting satellite and associated equipment used to track, monitor, and control satellite operation; it excludes ground equipment such as earth stations.
- A Space Segment Provider is the owner or operator of an in-orbit communications satellite system that leases or sells communications capacity to duly authorized space segment lessees.
- A Satellite Communications Service Provider is any entity authorized by the Commission to provide satellite communications services, either as a carrier or common carrier.
- Satellite Carrier-as-Carrier Services are satellite communications services provided by a satellite carrier to a carrier, usually a terrestrially-based carrier.
- A Space Segment Lessee is an entity authorized by the Commission to lease space segment capacity.
- A Receive-Only Satellite Earth Station is a satellite earth station designed to receive satellite signals, including for data reception (e.g., stock market prices or newswire services) or television programs.
- Redistribution of Satellite TV Programs is receiving satellite TV programs and retransmitting them through any mode (tape, wire, or wireless) for public viewing.
- A Satellite Television Receive Only (TVRO) Station is a satellite earth station where sound and video signals are received directly from a satellite.
- A Non-Commercial TVRO (NC-TVRO) Station includes:
- a TVRO station intended for personal receiving only by an individual and his immediate family members;
- TVRO stations operated by government agencies, instrumentalities, or offices if no fees are charged or collected from the public;
- TVRO stations owned/operated by foreign government entities or UN agencies if use is limited to their premises only.
- A Commercial TVRO (C-TVRO) Station is a TVRO intended for operation in consideration of monetary or material gain.
- A Registration Certificate is the certificate issued by the Commission authorizing the holder to operate a TVRO station.
- A TVRO Station License is the written authority issued by the Commission to operate a commercial TVRO station during the period stated in the instrument.
- A Private Domestic Satellite Network is a satellite network owned and operated by private entities or corporations requiring satellite communications services.
Who may apply and how applications are evaluated
- Only enfranchised telecommunications entities may apply for authority to install, operate, and maintain domestic satellite networks and offer domestic satellite communications services (Section 4).
- Applications for domestic satellite communications services undergo a quasi-judicial process and are evaluated on:
- the applicant’s legal, financial, and technical capability;
- public need;
- technical feasibility of providing the service; and
- economic viability of the telecommunications sector (Section 5).
- Existing duly enfranchised and authorized satellite communications services providers may apply for:
- service/s within the capabilities of their existing system; and
- services developed in the future and/or expansion, subject to the limitations of their franchises and authorizations from the Commission (Section 2).
- Applications for satellite communications services must include:
- a technical description of the proposed service;
- the proposed rate to be charged; and
- economic and financial feasibility studies, evaluated based on the applicant’s legal, financial, and technical capabilities (Section 3).
Private domestic satellite networks and interconnection
- Applicants for private satellite networks must apply to the Commission and submit required documents and evidence showing they applied for service from authorized domestic satellite communications service providers and the service cannot be served (Section 6).
- Satellite communications service providers requiring interconnection to other public networks must initiate discussion on interconnection with the public network operators, or vice-versa (Section 7).
- Any interconnection agreement must comply with EO 59 series of 1993 and its implementing guidelines (Section 8).
- Satellite communications service providers must adhere to:
- relevant service performance standards, and
- technical standards specified under NTC MC No. 10-17-90 and NTC MC No. 10-16-90, respectively (Section 9).
Satellite terminals and satellite broadcast access
- Subscribers of a public satellite network may provide their own very small aperture terminals (VSAT) and/or micro-earth stations, provided these are compatible with the public satellite network (Section 10).
- All satellite earth stations—including VSAT, micro-earth stations, and other earth stations provided within the customer premises—must be covered by appropriate permits and licenses (Section 11).
- A duly enfranchised broadcast operator may obtain space segment capacity from space segment providers only with prior authorization from the Commission (Section 12).
- Authorization for broadcast operators is granted only if space segment utilization is limited to:
- supplying or expanding the operator’s station signals within its network; or
- supplying other broadcast stations (Section 12).
- Applications for satellite broadcast-related services are evaluated on the applicant’s:
- legal, financial, and technical capability; and
- the project’s economic viability (Section 13).
- Broadcast operators that desire to provide additional news and entertainment information services through satellite facilities as part of their sub-carrier broadcasting signals must meet these same evaluation requirements (Section 13).
TVRO: registration, licensing, fees, and governance
- Non-Commercial TVRO (NC-TVRO) station operation requires a Registration Certificate from the Commission (Section 14.1).
- Commercial TVRO (C-TVRO) station operation requires a TVRO station license (Section 14.2).
- The Commission registers only equipment that is type approved/type accepted by the Commission (Section 14.3).
- A one-time registration fee of PHP 5,000.00 must be paid by both non-commercial and commercial TVRO stations (Section 14.4).
- A commercial TVRO operator must pay an annual license fee of PHP 2,000.00 (Section 14.5).
- A commercial TVRO license may be renewed by filing an application sixty (60) days prior to the expiry date of the license (Section 14.5).
- Registration Certificate and TVRO Station License grantees must comply with all applicable rules and regulations, including technical and program standards, and all other requirements and conditions imposed by the Commission (Section 14.6).
- To protect the public, the Commission shall accredit dealers, suppliers, manufacturers, and service centers of TVRO equipment and accessories in accordance with NTC MC 2-05-88 and all laws, rules, and regulations (Section 15.1).
- Applicants must apply for a Registration Certificate/TVRO Station License to the Commission or any of its Regional Offices by accomplishing the forms provided for that purpose (Section 16.1).
- A TVRO operator must post its Registration Certificate or TVRO station license in a conspicuous place in the station premises (Section 17.1).
- The Commission may conduct inspection/investigation of the TVRO station during reasonable hours of the day (Section 18.1).
- The Commission may suspend or revoke the registration certificate of a TVRO station found in violation of Commission rules and regulations (Section 18.2).
- Commercial TVRO operators must comply with existing laws and applicable laws thereafter promulgated relative to intellectual property rights (IPR) (Section 19).
- Broadcast and CATV operators must ensure their facilities are used to promote integrity, interest and welfare of the nation (Section 20).
Penalties and enforcement consequences
- Any individual, firm, company, or entity found to have violated the provisions of the circular must be penalized in accordance with law (Section 21).
Validity, repeal/amendment, and publication compliance
- Sections or portions declared invalid or unconstitutional do not affect the validity of other portions or sections (Section 22).
- All existing memoranda, circulars, rules, and regulations inconsistent with the circular are repealed or amended accordingly (Section 23).