Title
NTC Radio Spectrum Allocation and Assignment
Law
Ntc Memorandum Circular No. 3-3-96
Decision Date
Mar 4, 1996
The National Telecommunications Commission establishes guidelines for the review, allocation, and assignment of radio spectrum, ensuring compliance with international standards while optimizing frequency use for public telecommunications and other essential services.

Law Summary

Frequency Assignment Authorization

  • Frequency assignments must conform to the current official NRFAT.
  • Non-conforming prior assignments are recalled, with efforts to relocate affected users.
  • Periodic reviews ensure compliance with assigned authorizations.
  • Additional frequencies are granted to PTEs upon submission of subscriber and operational data justifying demand.
  • Frequencies unused for one year may be recalled after due notice; PTE frequencies require notice and hearing before recall.
  • Frequency reservations are prohibited.
  • Radio equipment import permits are contingent on assigned frequencies.

Transfer of Affected Authorized Radio Frequency Users

  • The Commission allocates frequencies to users displaced by spectrum review reallocations.
  • Transfer costs are borne by assignees of the new frequencies, including potential costs for new radio links.
  • Negotiations on transfer costs and manner must occur within 90 days post-relocation notice.
  • The Commission intervenes for settlement if negotiations fail within the set period.

Open Tenders

  • When frequency demand exceeds supply, open tenders are conducted to allocate frequencies equitably.
  • Assignable frequencies are publicly announced annually via newspaper and NTC bulletin.
  • Applications for available frequencies must be filed within 45 days and undergo a quasi-judicial vetting of legal, technical, and financial qualifications.
  • In deregulated services, qualified applicants bypass pre-qualification and proceed to tender directly.
  • Pre-qualification processes are to be completed within 120 days.
  • Bidding procedures adhere to standard government bidding processes.

Spectrum Users Fees (SUF)

  • SUF schedules apply uniformly without discrimination within service categories.
  • Emergency, disaster, public safety, and national security-related services are exempt from SUF.
  • Mobile radio SUF is based on frequency band occupied and coverage area.
  • Fixed radio and satellite earth station SUF hinges on frequency band and station count.
  • Additional factors influencing SUF may include population density.
  • A Commission-appointed Committee recommends spectrum allocation and SUF schedules after public hearings.
  • SUF schedules are periodically reviewed.

Legal Framework and Implementation

  • The Circular is part of implementing rules under RA 7925 and may be revised or repealed by the Commission as needed.
  • It takes effect 15 days after publication and submission of certified copies to the University of the Philippines Law Center.

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