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- The Circular is part of implementing rules under RA 7925 and may be revised or repealed by the Commission as needed.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.