Law Summary
Definitions
- Commission: National Telecommunications Commission (NTC).
- Mobile Phone: Handheld radio device using cellular mobile telephone systems, capable of transmitting voice, data, and multimedia.
- Mobile Phone Service Center (MPSC): Entity engaged in repair, servicing, or maintenance of mobile phones and related parts.
- Mobile Phone Service Center Permit (MPSCP): License issued by the Commission to authorize MPSC operations.
- Unauthorized Servicing: Service altering the International Mobile Equipment Identity (IMEI) number or code.
General Provisions
- MPSC operation requires prior permit from NTC; each branch must have its own permit.
- MPSC shall not keep or deal with phones or parts from unauthorized or illegal sources, including stolen or unapproved devices.
- Existing repair centers must apply for permits within 30 days of issuance of this Circular.
- Accredited radio repair shops must notify NTC within 30 days if they will engage in mobile phone repair; permits will then include mobile phone services.
- MPSCs prohibited from unblocking SIM cards or altering IMEI numbers.
Operating Guidelines for Authorized MPSCs
- Compliance with Circular and related radio laws required.
- MPSCs must not accept phones or parts from illegal sources.
- Monthly updated blocked IMEI list must be secured from NTC.
- Possession of IMEI altering equipment or software by MPSC is prohibited.
- No inventory of illegally sourced parts allowed.
- Advertising mobile phone servicing without a permit is prohibited.
- Signage requirements: Business name, services, address, and permit number must be displayed prominently.
Permits and Applications
- No operation without valid MPSCP.
- Application must be filed with specific documents:
- Certified SEC/DTI registration & business permit.
- Employment certificate of at least one qualified electronics technician.
- List of service/test equipment.
- Fees: Filing Fee PHP 180; Permit Fee PHP 1,200/year; Inspection Fee PHP 720/year.
- Non-payment of fees grounds for denial or revocation.
Validity of Permit
- Permit valid for one year, renewable upon compliance verification.
Conduct of Inspection
- NTC technical staff to inspect prior to permit issuance.
- Non-conformities to be noted and communicated.
- 30-day period given to correct deficiencies with re-inspection.
Administrative Sanctions
- Violations subject to suspension, cancellation, or revocation of permits.
- Fines imposed:
- PHP 5,000 for operating without valid permit.
- PHP 5,000 per unauthorized servicing unit.
- PHP 5,000 per unit for violations of operating guidelines.
Suspension, Cancellation or Revocation Procedure
- Case filed upon complaint or violation report.
- Respondent given 15 days to answer show cause order and present evidence.
- Cease and desist orders may be issued pending final decision.
- NTC may suspend unauthorized operations to protect public interest.
Repealing Clause
- Previous conflicting issuances repealed or amended accordingly.
Effectivity
- Circular effective 15 days after publication and submission of copies to UP Law Center.