NTC MEMORANDUM ORDER NO. 07-07-2009

Law Summary

I. Background and Rationale

Legal Principle/Provision: This section outlines the foundational legal framework justifying the recall of Memorandum Circular No. 13-06-2000.
Key Definitions Introduced:
- Republic Act 7925: Legislation mandating the National Telecommunications Commission (NTC) to protect consumer welfare in telecommunications.
Important Requirements/Procedures: The Commission must operate within the guidelines of Republic Act 7925 and Executive Order 546.
Relevant Timeframes: The order takes effect immediately upon publication in a newspaper of general circulation.
Penalties/Liabilities: No specific penalties are mentioned in this section.

Important Details: • Recognizes the role of communications in nation-building as per the 1987 Constitution.
• Stipulates the necessity for telecommunications infrastructure to meet public and business needs.
• Acknowledges the significant growth in telecommunications subscribers from 2 million in 2000 to 69 million by the end of 2008.

II. Development of Telecommunications

Legal Principle/Provision: Reflects the evolution in telecommunications technology and service provisions since 2000.
Key Definitions Introduced:
- Technical Working Group (TWG): A group formed to study and propose guidelines relevant to the telecommunications sector.
Important Requirements/Procedures: The TWG is tasked with reviewing and providing recommendations regarding existing regulations.
Relevant Timeframes: Continuous review and adjustment to guidelines based on current technological advancements.
Penalties/Liabilities: No specific penalties are mentioned here.

Important Details: • The rapid evolution of technology necessitates the review of existing regulations.
• The TWG includes representatives from the NTC and telecom industry stakeholders.
• Ongoing guidance is being developed to respond to market changes.

III. Issuance of New Regulations

Legal Principle/Provision: Highlights the issuance of new memoranda that address contemporary telecommunications issues.
Key Definitions Introduced:
- Memorandum Circular No. 03-07-2009: A new regulation addressing prepaid load validity.
- Memorandum Order No. 03-06-2009: A regulation on service performance standards for cellular mobile services.
Important Requirements/Procedures: The issuance of new memoranda indicates a shift towards updated regulations in response to the current telecommunications landscape.
Relevant Timeframes: The specific timeline for the new memoranda is not detailed but implies ongoing regulatory updates.
Penalties/Liabilities: No penalties are specified in connection with the new regulations.

Important Details: • New memoranda are aimed at resolving existing consumer issues in telecommunications.
• The regulations are intended to protect consumer rights and interests.

IV. Recall of Previous Memorandum Circular

Legal Principle/Provision: Official announcement for the recall/withdrawal of Memorandum Circular No. 13-06-2000.
Key Definitions Introduced:
- Memorandum Circular No. 13-06-2000: The previous circular that is now deemed outdated.
Important Requirements/Procedures: The recall is effective upon publication and filing with the University of the Philippines Law Center.
Relevant Timeframes: Immediate effect following the publication.
Penalties/Liabilities: Not applicable to the recall process.

Important Details: • The prior circular is no longer applicable due to changes in the telecommunications environment.
• The Commission emphasizes the protection of public interest through updated regulations.

Key Takeaways

The NTC has officially recalled Memorandum Circular No. 13-06-2000 due to significant advancements in telecommunications technology and subscriber growth.
A Technical Working Group is established to create new guidelines reflective of the current telecom environment.
New regulations have been issued to address consumer welfare, particularly regarding prepaid load validity and service performance standards.
The recall of the previous circular is effective immediately upon publication, highlighting the NTC's commitment to keeping regulations relevant and protective of consumer interests.