Title
Policy to Improve Local Exchange Carrier Service
Law
Executive Order No. 109
Decision Date
Jul 12, 1993
Executive Order No. 109 promotes universal access to basic telecommunications service in the Philippines, encouraging competition among service providers, allowing cross-subsidization, and setting guidelines for international gateway operators, while also requiring compliance and providing penalties for violations.
A

Objective of the Policy

  • Enhance local exchange service delivery in unserved and underserved areas defined by the NTC.
  • Facilitate universal access to basic telecommunications across the Philippines.

General Government Policy

  • Promote democratization of ownership and operation in telecommunications facilities and services.

Cross-Subsidy Mechanism

  • Maintain cross-subsidization from profitable telecommunications services (e.g., toll, international long distance) to local exchange services until universal access is achieved and pricing reflects costs.

Obligations for International Gateway Operators

  • Provide local exchange service within 3 years of NTC authority.
  • Must install at least 300 local exchange lines per international switch termination.
  • Provide a minimum of one rural exchange line per every ten urban lines.
  • Establish Public Calling Offices at rural barangay level, with credits towards local exchange obligations.
  • No international gateway permit without proof of necessary foreign correspondenceships.
  • Existing local exchange carriers meeting these requirements may operate international gateways.

Restrictions on Subsidiaries

  • Subsidiaries of authorized international gateway carriers cannot operate other gateways.
  • A subsidiary relationship is defined by shared management, majority stock ownership, or significant financial exposure exceeding 50% of capital.

Cellular Mobile Telephone System and Non-Basic Services

  • Authorized international gateway operators may provide CMTS and other non-basic services to generate subsidies for local exchange services.
  • Other authorized non-basic service providers must also adhere to providing local exchange services per NTC guidelines.

Duration of Local Exchange Service Obligation

  • Obligations endure for as long as the provider holds authorization to operate non-basic telecommunications services.

Additional Authorizations

  • Compliance with franchise and Certificate of Public Convenience and Necessity requirements remains necessary.

Interconnection Requirements

  • Mandated nondiscriminatory interconnection among telecommunications networks per EO No. 59 (1993) regulations.

Financial Reporting

  • Telecommunications providers must explicitly report internal subsidy flows in their financial statements.

Implementation and Regulatory Oversight

  • The NTC is tasked to issue implementing rules and regulations within 30 days from the order's effectivity.

Penalties for Non-Compliance

  • Violations are subject to penalties under Section 13 of EO No. 59 (1993).

Compliance Period for Existing Providers

  • Existing providers have five years to comply with local exchange service provisioning requirements.

Handling Pending Applications

  • Providers with pending or existing permits for gateways, CMTS, or value-added services have three months from provisional authority issuance to file local exchange service applications.

Repeal and Effectivity

  • All inconsistent executive issuances are repealed or modified accordingly.
  • The order takes effect immediately upon signing.

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