Title
Cable TV Operations Policy EO 436
Law
Executive Order No. 436
Decision Date
Sep 9, 1997
Executive Order No. 436 establishes the National Telecommunications Commission as the sole regulator of the cable television industry in the Philippines, aiming to provide wider access to news, information, education, sports events, and entertainment programs while protecting investments and ensuring proper implementation.
A

Regulatory Authority

  • The National Telecommunications Commission (NTC) retains sole regulatory and supervisory authority over the cable television industry in the Philippines.

Authorization to Operate Cable Television Systems

  • Only entities with a Provisional Authority or Certificate of Authority issued by the NTC may install, operate, and maintain cable television systems or provide cable television services.
  • Cable operators are permitted to carry advertisements and charge reasonable fees for such paid segments.
  • Operators are prohibited from inserting advertisements in rebroadcast or retransmitted programs without consent from the original program provider to avoid infringing broadcast television markets.

Restrictions on Other Operators

  • Local exchange operators, broadcasters, and operators of other video programming distribution systems (such as DBS, multi-point distribution, or satellite program distribution services) cannot operate cable television systems or similar delivery services without specific permits, licenses, or authority as mandated by this Executive Order and applicable laws.

Granting of Additional Operating Authority Within Existing Franchise Areas

  • The NTC may grant a new cable television operator authority within a franchise area already covered by an existing operator granted license two years earlier only if:
    a) The prior operator has substantially failed to comply with authorization terms without reasonable justification;
    b) The existing service to subscribers is grossly inadequate;
    c) Granting new authority will not cause ruinous competition harmful to the existing operator and investment policies.

Leasing of Excess Capacity

  • Cable television operators may lease or sub-lease excess system capacity to third parties with prior approval from the NTC.

Control of Encoded Satellite Program Signals

  • Receipt and distribution of encoded satellite program signals are restricted to those authorized in writing by the satellite programmer.

Implementation, Enforcement, and Penalties

  • The NTC is directed to ensure proper implementation of these guidelines.
  • The Commission is empowered to adopt rules and regulations, and after due notice and hearing, impose penalties including administrative fines and sanctions for violations.

Repeal of Inconsistent Issuances

  • All existing executive orders, administrative orders, and other issuances inconsistent with these guidelines are repealed, modified, or amended accordingly.

Effectivity

  • The Executive Order takes effect immediately upon approval.

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