Title
Policy on Local Exchange Carrier Service
Law
Op Executive Order No. 109
Decision Date
Jul 12, 1993
Fidel V. Ramos establishes a policy to enhance local exchange carrier services, ensuring universal access to telecommunications by mandating cross-subsidization from profitable services and requiring authorized operators to serve unserved and underserved areas within three years.
A

Policy Objective

  • To enhance local exchange service provision, especially in unserved and underserved areas.
  • Promotion of universal access to basic telecommunications services.

General Policy on Telecommunication Ownership

  • Government supports democratization of ownership and operation of telecommunication facilities and services.

Cross-Subsidy Mechanism

  • Local exchange service will continue to be cross-subsidized by other profitable telecommunications services within the same company until universal access and cost-reflective pricing are achieved.

Obligations for International Gateway Operators

  • Must provide local exchange service in unserved and underserved areas, including Metro Manila, within three years from NTC authority grant.
  • Minimum three hundred local exchange lines per international switch termination required.
  • At least one rural exchange line must be provided for every ten urban lines installed.
  • Rural barangay-level Public Calling Offices establishment credited toward local exchange service obligations.
  • Permit for international gateways contingent upon proof of establishing necessary foreign correspondences.
  • Existing local exchange service providers meeting requirements may be authorized to operate international gateways.

Restrictions on Subsidiaries of Public Telecommunication Carriers

  • Subsidiaries of carriers operating an international gateway cannot operate another gateway under Executive Order No. 59 (1993).
  • Subsidiary defined by shared key personnel, majority shareholdings, or significant financial exposure between companies.

Authorization for Cellular Mobile Telephone Service

  • International gateway operators may be authorized to provide Cellular Mobile Telephone System (CMTS) and other non-basic services as potential subsidy sources.

Requirements for Non-Basic Service Providers

  • Providers offering non-basic telecommunications services that can subsidize local exchange must comply with NTC guidelines to provide local exchange services.

Duration of Local Exchange Service Obligations

  • Providers' obligation to offer local exchange services is tied to the duration of their authorization to operate non-basic services.

Compliance with Franchise and CPCN Requirements

  • Compliance with this policy does not supersede other franchise and Certificate of Public Convenience and Necessity prerequisites.

Interconnection Mandate

  • All telecommunications networks must be interconnected non-discriminatorily per Executive Order No. 59 (1993) and its rules.

Financial Transparency

  • Telecommunications providers must explicitly report internal subsidy flows within their financial systems.

Implementation Directive

  • National Telecommunications Commission (NTC) tasked to issue implementing rules and guidelines within 30 days of the order’s effectivity.

Penalties for Violations

  • Violations subject to penalties aligned with those in Executive Order No. 59 (1993), Section 13.

Compliance Period for Existing Providers

  • Providers covered under Sections 5, 7, and 8 granted five years to meet local exchange service requirements.

Treatment of Pending Applications

  • Providers with existing or pending applications for International Gateway, CMTS, or other VAS are not required to revise applications.
  • Upon provisional authority or CPCN issuance, they have three months to submit local exchange service applications per policy.

Repealing Clause

  • All inconsistent executive orders, administrative orders, or other issuances are repealed or amended accordingly.

Effective Date

  • The Executive Order takes immediate effect upon issuance.

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