Law Summary
Definitions of Key Terms
- Auxiliary mobile phone services: Balance inquiry, customer support, prepaid reloading, emergency alerts.
- Basic mobile phone services: SMS and voice call services.
- Commission: National Telecommunications Commission (NTC).
- Emergency Alert and Warning Messages: Hazard-specific, area-focused, time-bound messages from Warning Agencies.
- Mobile alert: Time-sensitive machine-to-person communication via SMS, MMS, email, or push notification.
- Mobile Emergency Alert System (MEAS): Network to disseminate emergency alerts simultaneously.
- Mobile cellular phone: Device using radio transmission and telephone switching for communication.
- Mobile phone service provider (TELCO): Entity with legislative franchise and CPCN from NTC to provide mobile services.
- Multimedia Messaging Service (MMS): Messaging standard allowing multimedia content.
- NDRRMC: National Disaster Risk Reduction and Management Council.
- Push notification: Centralized server alert message to a device.
- Short Messaging Service (SMS): Text messaging service using GSM.
General Measures and Guidelines on Mobile Disaster Alerts
- Mobile Phone Service Providers must send emergency alerts during calamities such as tropical cyclones, tsunamis, earthquakes.
- Only Warning Agencies provide alerts, validated and confirmed by NDRRMC.
- NDRRMC through its Operations Center processes and disseminates alerts.
- Alerts include evacuation areas, relief sites, contact info, and other disaster-related information.
- Alert messages must be free of charge to consumers and considered auxiliary services.
- Alerts may be sent via SMS, MMS, email, or push notifications.
- Messages sent any time they are necessary to all cell subscribers in affected areas.
Procedures for Transmission of Emergency Alert Messages
- Alerts are sent to the NDRRM Operations Center (NDRRMOC) with detailed emergency info.
- TELCOs provide a web portal for NDRRMC to send alerts directly.
- Upon validation, NDRRMOC forwards alerts to the NDRRMC Executive Director for approval.
- Once approved, NDRRMC relays message to TELCOs for dissemination.
- TELCOs must send alerts to subscribers in targeted affected areas with content specifying locations.
- Force majeure circumstances exempt TELCOs temporarily from compliance, but they must comply once restored.
- TELCOs capable of sending alerts but fail without justification face penalties.
Systems Implementation
- Alerts sent either by direct coordination/interface between NDRRMC and TELCOs or through automated MEAS.
- MEAS is owned and maintained by NDRRMC and must be compatible with TELCO networks.
- TELCOs must submit quarterly reports to NTC on compliance progress aiming for full compliance by December 31, 2016.
Implementing Government Offices and Partner Agencies
- Regulating agencies: NDRRMC and NTC.
- Warning agencies include PHIVOLCS, PAGASA, PNRI, MGB, BFP, PNP, AFP, DOH, PIA, and PCOO.
Roles and Responsibilities
- NDRRM Operations Center: Assign focal persons, validate, authenticate, send alerts, record transmissions, inform warning agencies.
- PHIVOLCS: Handles tsunami alerts, sends info directly or through NDRRMOC based on lead time.
- PAGASA, DOH, BFP, PNP, AFP, PNRI, PIA, MGB: Assess and send alert messages to NDRRMOC.
- NTC: Ensure mobile alerts are sent by TELCOs and monitor compliance.
- TELCOs: Verify alert requests, send messages immediately, record transmissions, and report dissemination details to NDRRMC, NTC, and PIA.
Reporting of Violations
- Any natural or juridical person may report violations to the NTC.
Penalties
- False or misleading information punishable by imprisonment (2-6 months) and fines (P1,000 to P10,000).
- False information under oath carries maximum penalty for perjury.
- Corporations face fines from P1 million to P10 million and possible suspension/revocation of franchises and licenses.
- Corporate officers also liable individually.
- Foreign nationals may be deported after serving sentences and barred from reentry.
- Monetary penalties accrue to the National Treasury.
Separability Clause
- Invalidity of any provision does not affect the remaining provisions.
Repealing Clause
- Supersedes existing orders, circulars, memos inconsistent with this Circular.
Effectivity
- Circular takes effect 15 days after publication in a newspaper of general circulation and filing with UP Law Center.