Purpose, policy, and guiding principles
- The NTC shall guide the review, allocation, and assignment of radio spectrum to optimize spectrum use.
- Spectrum review and reallocation shall aim at optimizing the use of the radio spectrum through consultation with industry and/or affected parties.
- Frequency allocation must be consistent with the International Table of Radio Frequency Allocation issued by the International Telecommunications Union (ITU) and must align with national priorities and demand.
- The NTC shall allocate radio frequencies for customer access based on justified target demand and radio frequency planning studies for a next ten (10) years planning horizon.
- For radio allocations in the Public Land Mobile and Fixed Services, the circular requires a technology-neutral approach and encourages use of state of the art technologies and minimum channel band width and power output without sacrificing service reliability.
Core coverage and allocation basis
- New radio frequency assignment must be made strictly according to the approved and current National Radio Frequency Allocation Table.
- The National Radio Frequency Allocation Table (NRFAT) shall be the controlling reference for review, allocation, assignment, and reallocation activities.
- Reallocations must consider allocations for customer access services, broadcast services, maritime, aeronautical and other safety services, and military and government radio stations/networks operated to promote or serve national interest.
- No reservation of radio frequency channels or bands is allowed.
- Radio frequency assignments and authorizations must be handled in accordance with the planning and compliance rules in Rule 601 through Rule 604.
NRFAT review and periodicity
- The NRFAT shall be reviewed once every two years during the second quarter and may be revised or amended as necessary.
- NRFAT review activities may be conducted anytime when national security so requires.
- NRFAT review activities may be conducted anytime when the Commission deems it necessary and essential to the interest of the country.
- NRFAT review activities may be conducted anytime when the Philippines has a Regional and/or International commitment as a member signatory to bilateral or multilateral agreements duly entered into by governments.
- The NRFAT review, re-allocation, and revision shall be conducted in consultation with the industry and/or affected parties to optimize spectrum use.
- The NRFAT is a public document and shall be made available to all upon request.
- The NRFAT must be consistent with the ITU International Table of Radio Frequency Allocation and must reflect national priorities and demand for frequency usage.
- The NTC shall allocate available radio frequencies to Public Telecommunications Entities (PTEs) to satisfy demand for customer access for the next ten (10) years, based on justified target demand and the results of radio frequency planning study.
Frequency assignment authorization rules
- New radio frequency assignment must follow the approved and current NRFAT.
- Previous assignments that are not in conformity with the approved and current NRFAT shall be recalled.
- Affected users whose assignments are recalled shall be re-located based on availability of the frequency or frequencies.
- The NTC shall extend special efforts to assist affected users during relocation.
- The NTC shall conduct periodic reviews of assigned radio frequencies to determine compliance with authorizations issued to authorized users.
- The NTC may assign additional radio frequencies to PTEs to satisfy demand for services authorized to be offered when the PTE submits information including:
- the total number of subscribers by operator,
- the number of subscribers per radio channel, and
- the number of operating radio stations to justify the additional grant.
- Radio frequencies assigned to private networks covered by valid permits and licenses shall be recalled if unused for at least one (1) year from the date of issuance of permits and licenses, after service of notice in writing.
- Radio frequencies assigned to PTEs unused for at least one (1) year from the date of issuance of permits and licenses may be recalled after service of notice and hearing.
- Permits to purchase/import radio equipment shall be issued to users only when the specific radio frequency channels/band has been assigned to the applicant.
Transfer after reallocation and relocation settlement
- The NTC shall allocate available radio frequencies for assignment to those affected by reallocation arising from the NRFAT review under Rule 601.
- The cost of transfer to new radio frequencies of affected authorized users shall be borne by the new assignees to the radio frequency channel/band where the previously authorized users’ radio frequencies fall within.
- When transfer to new radio frequencies requires additional radio links, the cost of these links shall be considered in the overall transfer cost.
- The manner and cost of transfer shall be negotiated in good faith between affected authorized users and assignees within 90 days from receipt of notice of relocation.
- The NTC shall extend all necessary assistance to affected authorized users and shall mandate settlement if parties fail to agree within 90 days from receipt of notice of relocation, or when warranted under the circumstances.
Open tender when demand exceeds availability
- If demand for specific frequencies exceeds availability, the NTC shall hold open tenders for those frequencies and ensure wider access to limited resources.
- Any assignable frequency or frequencies for the year shall be:
- published in a newspaper of general circulation, and
- conspicuously posted on the NTC bulletin board by the NTC,
- within three months from the effectivity of the NRFAT and within the first quarter of each year thereafter.
- Applicants for published assignable frequencies shall file with the NTC within 45 days, together with the application for the proposed service.
- Applications shall undergo a quasi-judicial process to determine whether the applicant is legally, technically, and financially qualified to provide the service.
- When there are more qualified applicants than available frequencies, qualified applicants shall participate in the open tender of frequencies.
- For deregulated services, qualified applicants need not undergo pre-qualification and may immediately qualify to participate in the open tender.
- Quasi-judicial pre-qualification must be completed within 120 days from publication of assignable frequencies.
- Open tenders shall follow the standard government bidding process.
Spectrum users fees and exemption
- The appropriate schedule of spectrum users fees shall be applied uniformly and without discrimination to all users under the same classification/category.
- Services that cater to emergency situations, as may be determined by government, national disasters, public safety, and national security shall be exempt from payment of spectrum user fees.
- For mobile radio services, spectrum users fees (SUF) shall be charged based on the RF band occupied and the area covered.
- For fixed radio services and satellite earth stations, SUF shall be based on the RF band occupied and the number of stations.
- SUF shall be based on other factors determined by the NTC, including population density of the coverage area/s.
- A committee shall be constituted with members appointed by the Commission not later than 5 days from effectivity of the circular to recommend spectrum user fee allocation and the spectrum user fee schedule, subject to approval by the Commission after a public hearing.
- The spectrum user fee schedule shall be subject to periodic review.
Implementation, effectivity, and revision
- The circular takes effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation and the filing with the University of the Philippines Law Center of three (3) certified copies.
- The circular authorizes revision, amendment, or repeal by the Commission as it deems fit in accordance with law.