Title
Mobile Phone Repair and Service Regulations
Law
Ntc Memorandum Circular No. 07-08-2004
Decision Date
Aug 6, 2004
NTC Memorandum Circular No. 07-08-04 establishes rules and regulations for the repair and servicing of mobile phones in the Philippines, requiring authorized service centers to obtain permits and prohibiting unauthorized activities, with administrative sanctions for violations.

Policy and purpose

  • The Circular’s primary purpose is to enable the Commission to monitor and control the repair, servicing, and maintenance of mobile phone units and their parts and accessories in the interest of the public.

Core definitions

  • “Commission” means the National Telecommunications Commission.
  • “Mobile Phone” means a handheld radio communications device employing cellular mobile telephone system (CMTS) (cellular/cell phones) and similar technologies, capable of transmitting and receiving voice, data, and other multimedia services by means of radio waves.
  • “Mobile Phone Service Center (MPSC)” means a person or entity engaged in the repair, servicing, or maintenance of mobile phone units and their parts and accessories.
  • “Mobile Phone Service Center Permit (MPSCP)” means a permit issued by the Commission authorizing the holder to engage in the repair, servicing, or maintenance of mobile phone units and their parts and accessories.
  • “Unauthorized Servicing” means any service rendered to alter the International Mobile Equipment Identity (IMEI) number or code of any mobile phone unit.

Scope and business coverage rules

  • No person may engage in the business of an MPSC without first securing an MPSCP from the Commission.
  • If an MPSC has branches, each branch must be covered by a separate permit.
  • MPSC operations must comply with this Circular and with other existing radio laws, rules, and regulations.
  • MPSCs must not accept servicing requests that involve unblocking blocked SIM cards or alteration of IMEI by any means.
  • MPSCs must not keep or possess mobile phone inventory from unauthorized or illegal sources, and illegal acquisitions include lost or stolen mobile phones and mobile phones not type-approved/type-accepted by the Commission.

Prohibited conduct and operating standards

  • An MPSC must not accept for repair, servicing, or maintenance any mobile phone units or parts/accessories that come from any unauthorized or illegal source.
  • An MPSC must secure from the Commission an updated list of blocked IMEI at the start of each month.
  • An MPSC must not have in its possession or inventory any equipment and/or software program used for altering the IMEI code or number of mobile phone units.
  • An MPSC must not keep any inventory of mobile phones, parts, or accessories acquired from an illegal source.
  • An MPSC must not advertise and/or offer to the public the servicing, repair, and maintenance of mobile phone units without any permit or authority to conduct those activities to the public.
  • An MPSC must identify its business and location by posting conspicuously at the entrance of its premises a signboard of at least 50cm x 100cm showing: its business name, the type of services offered, its full business address, and its MPSC permit number.

Existing operators and transition

  • Existing centers or establishments doing repair, servicing, and maintenance of mobile phones before the Circular’s promulgation must apply for and secure an MPSC permit within 30 days from effectivity.
  • Failure by an existing operator to apply within 30 days subjects the operator to closure and the imposition of appropriate fines until the required permit is secured.
  • Existing and duly accredited radio repair shops must inform the Commission in writing within 30 days from effectivity that they will engage in repair, servicing, and maintenance of mobile phones.
  • Thereafter, accreditation permits for radio repair shops must include the repair, servicing, and maintenance of mobile phones.

Permits, applications, and required documents

  • No person or entity may commence or conduct operations for repair, servicing, or maintenance without a valid MPSCP issued by the Commission.
  • An MPSCP application must be filed with the Commission’s Central Office or Regional Office where the applicant conducts its business, together with documents compliant with NTC requirements.
  • The application must include:
    • A duly certified copy of the SEC Registration Certificate and Articles of Incorporation, or DTI Registration Certificate and Business Permit from the appropriate LGU authorizing the MPSC to engage in the repair, service, and maintenance of mobile phones.
    • An employment certificate of at least one (1) qualified electronics technician who completed a formal training course in the repair, servicing, and maintenance of mobile phones.
    • A list of service or test equipment and measuring instruments, including VOM or digital multimeter, and other related electronic tools.
  • The Circular sets fees and charges per repair shop:
    • Filing Fee: PHP 180.00
    • Permit Fee: PHP 1200.00/year
    • Inspection Fee: PHP 720.00/year
  • Non-payment of any required fees is a ground for denial, disapproval, suspension, and/or revocation of permits.

Permit validity, inspections, and correction period

  • An MPSCP issued to a qualified MPSC is valid for one (1) year and is renewable upon presentation of proof of continued compliance with the Circular’s requirements.
  • The Commission’s technical staff must conduct an inspection prior to approval and issuance of an MPSCP to verify conformance with the Circular’s minimum requirements.
  • Any non-conformances found must be noted and made known to authorized officials of the entity and/or applicant.
  • If the applicant has noted deficiencies, the applicant must be given a grace period of thirty (30) days to correct the non-conformances.
  • The applicant must notify the Commission of the schedule of re-inspection within the same 30-day period.

Administrative sanctions and permit enforcement

  • Any violation of the Circular, and any false statements made in the application or before the Commission, is handled through the Commission’s processes and existing rules and regulations, including suspension, cancellation, and revocation of permits.
  • The Circular imposes the following fines:
    • MPSC operating without valid NTC Permit: PHP 5,000.00
    • Unauthorized servicing of mobile phones: PHP 5,000.00/unit
    • Violations or other acts mentioned in Section 4 and 5: PHP 5,000.00/unit
  • Upon a complaint filed by any party or a violation report from authorized Commission personnel, the Commission may file an administrative case and direct the respondent to submit a Show Cause within fifteen (15) days from receipt of the Order why operation and/or the permit should not be suspended, cancelled, or revoked, and to appear and produce evidence on the date and time stated in the Order.
  • Pending hearing and final determination, the Commission may immediately issue a Cease and Desist order as circumstances warrant.
  • The Commission may suspend any unauthorized operation or any permit when, in its judgment, suspension is necessary to protect the public interest.
  • The Commission may suspend operation of any person or entity and/or cancel or revoke the permit of an MPSC found to have violated any provision of the Circular and other existing Commission rules and regulations.

Repealing clause and inconsistency rule

  • Any circular, memorandum, or order (or parts thereof) inconsistent with the Circular is deemed amended or superseded accordingly.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.