Definitions for Mobile Emergency Alerts
- “Auxiliary mobile phone services” refers to balance inquiry, customer support, prepaid reloading services and emergency alerts.
- “Basic mobile phone services” refers to short messaging services (SMS) or text messaging and voice call services.
- “Commission” refers to the National Telecommunications Commission (NTC).
- “Emergency Alert and Warning Messages” refers to messages from the Warning Agencies that are hazard-specific, area-focused and time-bound, intended for the subscribers.
- “Mobile alert” refers to machine-to-person communication that is important or time-sensitive, in the form of SMS, MMS, email, or push notification.
- “Mobile Emergency Alert System (MEAS)” refers to an alerting network designed to disseminate emergency alerts to mobile devices through participating telecommunications companies (TELCOS).
- “Mobile cellular phone, mobile phone or cellphones” refers to a mobile telecommunication device using radio transmission and conventional telephone switching to permit communication within a specified area or cell.
- “Mobile phone service provider” / “telecommunication company (TELCO)” refers to any franchise-holder granted a legislative franchise by Congress to provide cellular mobile telephone services to the general public, and issued a certificate of public convenience and necessity (CPCN) by the NTC.
- “Multimedia messaging service (MMS)” refers to messaging systems allowing sending messages including multimedia objects (images, audio, video, rich text).
- “NDRRMC” refers to the National Disaster Risk Reduction Management Council.
- “Push notification” refers to a message or alert delivered by a centralized server to an end point device.
- “Short Messaging Service (SMS)” refers to a service for sending messages to mobile phones that use Global System for Mobile Communications in text format.
Policy on free disaster warnings
- Mobile Disaster Alerts require that, in the event of impending tropical cyclone, tsunami, earthquake, or other calamities, Mobile Phone Service Providers send Emergency Alert and Warning Messages at regular intervals as required by the NDRRMC and other relevant agencies.
- Warning Agencies serve as the sources of Emergency Alert and Warning Messages, which must be submitted to NDRRMC for validation and confirmation for transmission by Mobile Phone Service Providers.
- Processed Emergency Alert and Warning Messages must emanate from the NDRRMC through the NDRRM Operations Center (NDRRMOC).
- Emergency Alert and Warning Messages must include up-to-date information and must include, where applicable: contact information of local government units and other agencies required to respond, and other relevant details such as evacuation areas, relief sites and pick-up points, storm warnings, tsunami alerts, evacuation directives, and other disaster-management-related information.
- Emergency Alert and Warning Messages must be sent at no cost, whether direct or indirect to consumers, and must be included as part of the service provider’s auxiliary services.
- Alerts may be delivered in the form of SMS, MMS, email, and/or push notification.
- Emergency Alert and Warning Messages must be sent to all cell phone subscribers in affected areas at any time whenever necessary.
Transmission rules and force majeure
- Mobile Alert transmission must begin by sending the alert message to NDRRMOC as soon as possible using available communications means.
- Alert information submitted to NDRRMOC must clearly specify: the explicit nature of the emergency, the specific locations and/or exact area to be affected, and the urgency of dissemination for mobile alert transmission.
- Mobile Phone Service Providers must provide the NDRRMC a web portal through which alerts can be directly sent to avoid delays.
- After NDRRMOC receives the messages, it must immediately forward them to the Executive Director of NDRRMC.
- After approval by the Executive Director for mobile alert transmission, NDRRMC must immediately relay the message to Mobile Phone Service Providers.
- Mobile Phone Service Providers must disseminate Emergency Alert and Warning Messages to their subscribers within the target area, and the message content must indicate the target area or location of the impending hazards or alert.
- Force majeure protection applies: any act of God or force majeure that effectively prevents affected Mobile Phone Service Providers from complying with Section 4 or other relevant provisions exempts them from compliance and penal liabilities under the Circular.
- After restoration of facilities and operations in the affected area, affected Providers must comply within a reasonable period with Section 4 and/or other relevant requirements.
- A Mobile Phone Service Provider that had the capability to transmit required Emergency Alert and Warning Messages before its facilities were disabled, but failed without justifiable cause, is not exempt from requirements or liabilities under the Circular.
Systems implementation and compliance milestones
- Emergency Alert and Warning Messages may be sent through two (2) ways under the Circular.
- Under the first method (direct coordination/interface):
- NDRRMC and TELCOS must coordinate directly or use a simple interface as shown in ANNEX 1A and/or ANNEX 1B.
- A Mobile Phone Service Provider must immediately comply to the extent its existing coverage and present technologies allow.
- Within thirty (30) days from the Circular’s effectivity and every calendar quarter thereafter, each Mobile Phone Service Provider must submit a status report to the NTC on progress of compliance.
- Compliance must target 100% compliance on or before 31 December 2016.
- Under the second method (automated MEAS):
- An automated MEAS serves as an interface between NDRRMOC and TELCOS.
- MEAS must be established, owned, and maintained by NDRRMC.
- Before MEAS establishment, NDRRMC must coordinate with TELCOS to ensure system compatibility with TELCOS networks.
- The final process for MEAS, including timeline, must be discussed and agreed among stakeholders and must form ANNEX 2.
Roles of NDRRMOC, Warning Agencies, and NTC
- The NDRRM Operations Center (NDRRM OpCen) must:
- Assign at least three (3) focal persons for Mobile Phone Service Providers to verify requests for mobile alert transmission.
- Receive and validate Emergency Alert and Warning Messages for mobile alert transmission based on advisories of Warning Agencies.
- Authenticate the transmission of Emergency Alert and Warning Messages.
- Send Emergency Alert and Warning Messages to Mobile Phone Service Providers for immediate transmission to residents of affected communities.
- Record the date and time of the first and last transmissions and the appropriate number of subscribers who received the messages, including targeted transmission areas, in coordination with TELCOS.
- Inform the Warning Agency that the advisory has been properly disseminated to concerned parties.
- PHIVOLCS must:
- For tsunamis generated near Philippine shores with short lead time, craft Emergency Alert and Warning Messages and send tsunami information/alert directly to the Executive Director of NDRRMC for immediate transmission to Mobile Phone Service Providers.
- For tsunamis generated far from Philippine shores with sufficient lead time, craft and send tsunami information/alert for mobile alert transmission using the normal channel to NDRRMOC.
- PAGASA, DOH, BFP, PNP, AFP, PNRI, PIA, and MGB must:
- Assess the need for mobile alert transmission to send alert message(s).
- Send the alert message(s) and request for mobile alert transmission to NDRRMOC.
- The NTC must:
- Ensure that requests for mobile alert transmission from NDRRMC and Warning Agencies are sent by Mobile Phone Service Providers.
- Monitor compliance by Mobile Phone Service Providers.
- Mobile Phone Service Providers must:
- Verify the authenticity of the request for mobile alert transmission from NDRRMC.
- Upon verification, immediately send Emergency Alert and Warning Messages to subscribers within threatened/affected communities/areas.
- Record the date and time of the first and last transmissions and the targeted areas of transmission.
- After completing transmission, inform NDRRMC, NTC, and PIA that the messages have been disseminated to target subscribers, including the date and time of first and last transmission and coverage areas.
Reporting violations and administrative accountability
- Any natural or juridical person may report any violation of the Circular before the NTC.
Criminal and corporate sanctions
- Any person who gives false or misleading data or information, or who willfully or through gross negligence conceals or falsifies a material fact in investigations, inquiries, studies, or other proceedings held pursuant to the Act is punished with:
- imprisonment of not less than two (2) months but not more than six (6) months, and
- a fine of not less than PHP 1,000.00 but not more than PHP 10,000.00.
- If the false or misleading data or information is under oath, the maximum penalty for giving false testimony or perjury is imposed.
- If the offender is a corporation, penalties may range from:
- a fine of not less than PHP 1,000,000.00 but not more than PHP 10,000,000.00, and/or
- a suspension or revocation of its legislative franchise and other permits and licenses by the NTC.
- The maximum penalties for corporate offenders also apply to members of its board and/or management as applicable.
- An alien violating the Act must be deported after service of sentence and must not be permitted reentry into the Philippines.
- All monetary penalties must directly accrue to the National Treasury.
Separability, supersession, and effectivity
- Separability: If any provision of the Circular is declared unlawful or void, the other provisions remain valid and effective (Section 10).
- Repeal/supersession: The Circular supersedes any and all existing orders, circulars, memoranda, or any parts inconsistent with it (Section 11).
- Effectivity: The Circular takes effect fifteen (15) days after publication in a newspaper of general circulation and upon filing with three (3) certified copies furnished the UP Law Center (Section 12).