Legal basis and purpose
- The NTC issues the order pursuant to Republic Act No. 7925 (Public Telecommunications Policy Act).
- The order is also issued pursuant to Executive Order No. 546 series of 1979, and Act 3846, as amended (Radio Control Law).
- The NTC acts to minimize if not prevent harmful interference to the GSM networks.
- The NTC acts to maximize and promote the efficient use of radio frequency spectrum.
Operation scope and prohibited conduct
- The order prohibits the sale, purchase, importation, possession or use of GSM jamming devices.
- The prohibition covers any person, natural or juridical, engaging in any of the prohibited acts.
- The prohibition applies to acts involving GSM jamming devices, including both private and commercial dealings.
Definition of cellular phone jamming devices
- Cellular phone jamming devices are defined as radio instruments used to prevent cellular or mobile phones from receiving signals from or transmitting signals to base stations.
Legal consequences and compliance requirement
- Any person who sells, purchases, imports, possesses or uses cellular phone jamming devices must be dealt with in accordance with law.
- The order reiterates the governing legal treatment for persons engaged in the prohibited activities.
Case-by-case exemption framework
- An exemption may be granted to persons seeking relief on a case-by-case basis.
- Exemptions must be based on meritorious reasons.
- Exemptions are granted only subject to strict conditions designed to prevent the use of such devices outside the area to be protected.
Repeal of inconsistent issuances
- Any circular, order, memoranda, or parts thereof inconsistent with this order are deemed repealed or amended accordingly.
- The order therefore operates as the controlling directive over inconsistent NTC issuances or related parts.