R e p u b l i c o f t h e P h i l i p p i n e s

Department of Transportati on and Communi cati ons

NATI ONAL TELECOMMUNI CATI ONS COMMI SSI ON

REGI ONAL OFFI CE No. VI I I
Army Road, 6500 Tacloban City Phone +63.53.325.5181 Fax +63.53.325.8519 eMail ntc8-tac@globelines.com.ph

2005 NTC Memoranda


Office of the President
REPUBLIC OF THE PHILIPPINES
Commission on Information and Communications Technology
NATIONAL TELECOMMUNICATIONS COMMISSION
BIR Road, East Triangle, Diliman, Quezon City






MEMORANDUM CIRCULAR
No.: 02-02-2005

Subject: FREQUENCY ALLOCATION AND BLOCK ARRANGEMENTS FOR
FIXED WIRELESS ACCESS SYSTEMS IN THE BANDS 3.4 3.6
Ghz and 10.15 10.65 Ghz

Whereas, pursuant to Rule 600 of MC 8-9-95, Implementing Rules and
Regulations on RA 7925, the radio spectrum allocation and assignment shall be
subject to review in the interest of public service ;

Whereas, the Commission is mandated to promote and sustain a healthy
competitive telecommunications environment;

Recognizing,

a. that fixed wireless access (FWA) systems in the range of 3.4 3.6 Ghz and
10.15 10.65 GHz can provide enhanced telephony and data services;
b. that a flexible block (sub-band) arrangement, rather than use conventional
point-to-point channel arrangement can accommodate various FWA
technologies, whilst remaining consistent with good spectrum management
principles, including provision for inter-systems/services operation and
overall spectrum efficiency;
c. that sufficient capacity and flexibility for deployment of multiple systems
within a desired service area can be achieved by the use of either frequency
blocks (sub-band), or the aggregation of a variable number of frequency slots
from a homogeneous pattern based on an interval of 0.25 MHZ;
d. that a standardized block width might offer benefits through economies of
scale and simplified inter-system and inter-operator frequency planning in the
same deployment area.

Wherefore, pursuant to Republic Act 7925 and its Implementing Rules and
Regulations, Executive Order 546 series of 1979 and Act No. 3846, as amended,
and in the interest of service, the National Telecommunications Commission,
hereby allocates the frequency bands 3.4 3.6 Ghz. and 10.15 10.65 Ghz for
the use of fixed wireless access systems and shall form part of the National Radio
Frequency Allocation Table (NRFAT), and hereby adopts following :

1. the allocation and utilization of the bands 3.4 3.6 Ghz and 10.15 10.65
GHz using block (sub-band) edge frequencies, which are exactly divisible by
0.25 Mhz. to the Fixed Wireless Systems (FWA) as described in the
Channel Plan attached to this Circular as Annex I and Annex II respectively;
2. that frequency blocks shall be assigned according to capacity of systems
and technology used;
3. that if systems using TDD technologies are also deployed in the same area,
due account shall be taken of the necessity to assign the TDD frequency
blocks to minimize interference;

This circular shall take effect fifteen (15) days after publication in a newspaper of
general circulation and three (3) copies furnished the UP Law Center.

Any circular, order or memorandum inconsistent herewith is deemed superseded.

Quezon City, Philippines, February 11, 2005.




(Sgd)RONALD OLIVAR SOLIS
Commissioner



(Sgd)KATHLEEN G. HECETA (Sgd)JORGE V. SARMIENTO
Deputy Commissioner Deputy Commissioner
























ANNEX I


ANNEX 1

3400 - 3600 MHz

CH NO. 3.5 MHz Blocks CH NO. 7 MHz Blocks
1 3400.25 - 3403.75 3500.25 - 3503.75 1 3400.25 - 3407.25 3500.25 - 3507.25
2 3403.75 - 3407.25 3503.75 - 3507.25 2 3407.25 - 3414.25 3507.25 - 3514.25
3 3407.25 - 3410.75 3507.25 - 3510.75 3 3414.25 - 3421.25 3514.25 - 3521.25
4 3410.75 - 3414.25 3510.75 - 3514.25 4 3421.25 - 3428.25 3521.25 - 3528.25
5 3414.25 - 3417.75 3514.25 - 3517.75 5 3428.25 - 3435.25 3528.25 - 3535.25
6 3417.75 - 3421.25 3517.75 - 3521.25 6 3435.25 - 3442.25 3535.25 - 3542.25
7 3421.25 - 3424.75 3521.25 - 3524.75 7 3442.25 - 3449.25 3542.25 - 3549.25
8 3424.75 - 3428.25 3524.75 - 3528.25 8 3449.25 - 3456.25 3549.25 - 3556.25
9 3428.25 - 3431.75 3528.25 - 3531.75 9 3456.25 - 3463.25 3556.25 - 3563.25
10 3431.75 - 3435.25 3531.75 - 3535.25 10 3463.25 - 3470.25 3563.25 - 3570.25
11 3435.25 - 3438.75 3535.25 - 3538.75 11 3470.25 - 3477.25 3570.25 - 3577.25
12 3438.75 - 3442.25 3538.75 - 3542.25 12 3477.25 - 3484.25 3577.25 - 3584.25
13 3442.25 - 3445.75 3542.25 - 3545.75 13 3484.25 - 3491.25 3584.25 - 3591.25
14 3445.75 - 3449.25 3545.75 - 3549.25 14 3491.25 - 3498.25 3591.25 - 3598.25
15 3449.25 - 3452.75 3549.25 - 3552.75
16 3452.75 - 3456.25 3552.75 - 3556.25 CH NO. 14 MHz Blocks
17 3456.25 - 3459.75 3556.25 - 3559.75 1 3400.25 - 3414.25 3500.25 - 3514.25
18 3459.75 - 3463.25 3559.75 - 3563.25 2 3414.25 - 3428.25 3514.25 - 3528.25
19 3463.25 - 3466.75 3563.25 - 3566.75 3 3428.25 - 3442.25 3528.25 - 3542.25
20 3466.75 - 3470.25 3566.75 - 3570.25 4 3442.25 - 3456.25 3542.25 - 3556.25
21 3470.25 - 3473.75 3570.25 - 3573.75 5 3456.25 - 3470.25 3556.25 - 3570.25
22 3473.75 - 3477.25 3573.75 - 3577.25 6 3470.25 - 3484.25 3570.25 - 3584.25
23 3477.25 - 3480.75 3577.25 - 3580.75 7 3484.25 - 3498.25 3584.25 - 3598.25
24 3480.75 - 3484.25 3580.75 - 3584.25
25 3484.25 - 3487.75 3584.25 - 3587.75
26 3487.75 - 3491.25 3587.75 - 3591.25
27 3491.25 - 3494.75 3591.25 - 3594.75
28 3494.75 - 3498.25 3594.75 - 3598.25










ANNEX II

ANNEX II
10150 -10300 MHz/10500 - 10650 MHz
CH NO. 3.5 MHz Blocks CH NO. 7 MHz Blocks
1 10150.5 -10154.0 10500.5 - 10504.0 1 10154.0 -10161.0 10504.0 - 10511.0
2 10154.0 - 10157.5 10504.0 - 10507.5 2 10161.0 - 10168.0 10511.0 - 10518.0
3 10157.5 - 10161.0 10507.5 - 10511.0 3 10168.0 - 10175.0 10518.0 - 10525.0
4 10161.0 - 10164.5 10511.0 - 10514.5 4 10175.0 - 10182.0 10525.0 - 10532.0
5 10164.5 - 10168.0 10514.5 - 10518.0 5 10182.0 - 10189.0 10532.0 - 10539.0
6 10168.0 - 10171.5 10518.0 - 10521.5 6 10189.0 - 10196.0 10539.0 - 10546.0
7 10171.5 - 10175.0 10521.5 - 10525.0 7 10196.0 - 10203.0 10546.0 - 10553.0
8 10175.0 - 10178.5 10525.0 -10528.5 8 10203.0 - 10210.0 10553.0 - 10560.0
9 10178.5 - 10182.0 10528.5 - 10532.0 9 10210.0 - 10217.0 10560.0 - 10567.0
10 10182.0 - 10185.5 10532.0 - 10535.5 10 10217.0 - 10224.0 10567.0 - 10574.0
11 10185.5 - 10189.0 10535.5 - 10539.0 11 10224.0 - 10231.0 10574.0 - 10581.0
12 10189.0 - 10192.5 10539.0 - 10542.5 12 10231.0 - 10238.0 10581.0 - 10588.0
13 10192.5 -10196.0 10542.5 - 10546.0 13 10238.0 - 10245.0 10588.0 - 10595.0
14 10196.0 - 10199.5 10546.0 - 10549.5 14 10245.0 - 10252.0 10595.0 - 10602.0
15 10199.5 - 10203.0 10549.5 - 10553.0 15 10252.0 - 10259.0 10602.0 - 10609.0
16 10203.0 - 10206.5 10553.0 - 10556.5 16 10259.0 - 10266.0 10609.0 - 10616.0
17 10206.5 - 10210.0 10556.5 - 10560.0 17 10266.0 - 10273.0 10616.0 - 10623.0
18 10210.0 - 10213.5 10560.0 - 10563.5 18 10273.0 - 10280.0 10623.0 - 10630.0
19 10213.5 - 10217.0 10563.5 - 10567.0 19 10280.0 - 10287.0 10630.0 - 10637.0
20 10217.0 - 10220.5 10567.0 - 10570.5 20 10287.0 - 10294.0 10637.0 - 10644.0
21 10220.5 - 10224.0 10570.5 - 10574.0
22 10224.0 - 10227.5 10574.0 - 10577.5 CH NO. 14 MHz Blocks
23 10227.5 - 10231.0 10577.5 - 10581.0 1 10154.0 -10168.0 10504.0 - 10518.0
24 10231.0 - 10234.5 10581.0 - 10584.5 2 10168.0 - 10182.0 10518.0 - 10532.0
25 10234.5 - 10238.0 10584.5 - 10588.0 3 10182.0 - 10196.0 10532.0 - 10546.0
26 10238.0 - 10241.5 10588.0 - 10591.5 4 10196.0 - 10210.0 10546.0 - 10560.0
27 10241.5 - 10245.0 10591.5 - 10595.0 5 10210.0 - 10224.0 10560.0 - 10574.0
28 10245.0 - 10248.5 10595.0 - 10598.5 6 10224.0 - 10238.0 10574.0 - 10588.0
29 10248.5 - 10252.0 10598.5 - 10602.0 7 10238.0 - 10252.0 10588.0 - 10602.0
30 10252.0 - 10255.5 10602.0 - 10605.5 8 10252.0 - 10266.0 10602.0 - 10616.0
31 10255.5 - 10259.0 10605.5 - 10609.0 9 10266.0 - 10280.0 10616.0 - 10630.0
32 10259.0 - 10262.5 10609.0 - 10612.5 10 10280.0 - 10294.0 10630.0 - 10644.0
33 10262.5 - 10266.0 10612.5 - 10616.0
34 10266.0 - 10269.5 10616.0 - 10619.5
35 10269.5 - 10273.0 10619.5 - 10623.0
36 10273.0 - 10276.5 10623.0 - 10626.5
37 10276.5 - 10280.0 10626.5 - 10630.0
38 10280.0 - 10283.5 10630.0 - 10633.5
39 10283.5 - 10287.0 10633.5 - 10637.0
40 10287.0 - 10290.5 10637.0 - 10640.5
41 10290.5 - 10294.0 10640.5 - 10644.0
42 10294.0 - 10297.5 10644.0 - 10647.5














Memorandum Circular
No. 05-08-2005

Subject: VOICE OVER INTERNET PROTOCOL (VOIP)


WHEREAS, the 1987 Constitution fully recognizes the vital role of communications in nation
building and provides for the emergence of communications structures suitable to the needs and
aspirations of the nation;

WHEREAS, the promotion of competition in the telecommunications market is a key objective
of Republic Act No. 7925 (RA 7925, for brevity), otherwise known as The Public
Telecommunications Policy Act of the Philippines, which mandates that a healthy competitive
environment shall be fostered, one in which telecommunications carriers are free to make
business decisions and to interact with one another in providing telecommunications services,
with the end in view of encouraging their financial viability while maintaining affordable rates.

WHEREAS, RA 7925 further defines the role of the government to promote a fair, efficient and
responsive market to stimulate growth and development of the telecommunications facilities and
services.

Whereas, new technologies such as VoIP are blurring the traditional boundaries between
computers, telecommunications, and broadcasting; and continue to fundamentally alter the
structure, economics and nature of competition in the telecommunications sector.

WHEREAS, RA 7925 introduces the novel concept of a value-added service (VAS) provider
which is defined as an entity which relying on the transmission, switching and local distribution
facilities of the local exchange and inter-exchange operators, and overseas carriers, offers
enhanced services beyond those ordinarily provided for by such carriers.

WHEREAS, Section 11 of RA 7925 provides that that VAS providers need not secure a
franchise, provided that they do not put up their own network.

WHEREAS, VAS is not strictly a public service offering in the way that voice-to- voice lines
are, but is merely supplementary to the basic service.

WHEREAS, given that it is not possible to accurately know or predict what other value added
services would be available in the future, and consistent with the national interest in encouraging
competition and innovation, services ordinarily offered by local exchange and inter-exchange
operators and overseas carriers under RA 7925 must be construed strictly in terms of services
ordinarily offered by such operators and carriers at the time the said law was passed;

WHEREAS, services ordinarily offered by the aforementioned operators and carriers at the time
RA 7925 was passed were limited to voice services offered through circuit switched networks;
WHEREAS, the National Telecommunications Commission believes that a forward- looking
definition of the term Value-Added Services would serve the interests of clarity, innovation,
competition, and regulatory consistency;

WHEREAS, VOIP, as an application that digitizes and transmits voice communications in
packets via the Internet, enhances or improves upon traditional telephony that is conducted
through circuit switched connections by allowing the convergence of voice with other data
applications, and by providing economic benefits in the form of greater efficiencies and lower
costs;

WHEREAS, added competition in and deployment of VOIP can help achieve the broader policy
objectives of RA 7925 to develop and maintain a viable, efficient, reliable and universal
telecommunications infrastructure using the best available and affordable technologies, and to
improve and extend services to areas not yet served;

WHEREAS, the widespread use and deployment of VOIP is hampered by the absence of formal
rules or guidelines that will clarify the legal and regulatory rules for VOIP, and govern the
provision and use of VOIP by the public;

WHEREAS, premature intervention in or regulation of VOIP as a nascent technology risks
stifling innovation and competition in information and communications technologies (ICT);

WHEREAS, minimal regulation on VOIP will encourage the development of new applications
and services that can enhance Philippine competitiveness in the global ICT market;

NOW, THEREFORE, pursuant to RA 7925, Executive Order (EO) No. 546 series of 1979, and
Department of Transportation and Communications (DOTC) Memorandum dated November 25,
2003, and in order to maintain and foster fair competition in the telecommunications industry,
and to bring the benefits of efficient VOIP technology to the general public, the National
Telecommunications Commission (the Commission/NTC, for brevity) hereby promulgates the
following guidelines:

Sec. 1 Voice over Internet Protocol (VOIP) shall be classified as a Value Added Service within
the contemplation of RA 7925, otherwise known as the Public Telecommunications Policy Act.

Sec. 2 Definitions

a. Customer Premises Equipment (CPE) refers to equipment located in the premises of a
customer which is not part of but are connected directly to the system or network of the
PTE.

b. Enhanced Services shall mean those services that improve upon the quality and/or
functionality of services ordinarily offered by local exchange and inter-exchange
operators and overseas carriers.
c. Public telecommunications entity (PTE) refers to any person, firm, partnership or
corporation, government or private, engaged in the provision of telecommunications
services to the public for compensation.

d. Services Ordinarily Provided for by Local Exchange and Inter-Exchange Operators and
Overseas Carriers refer to voice services offered through circuit switched networks.

e. Value-added services (VAS) refer to enhanced services beyond those ordinarily provided
for by local exchange and inter-exchange operators, and overseas carriers through circuit
switched networks.

f. Voice Over Internet Protocol (VOIP) Service is the provision of voice communication
using Internet Protocol (IP) technology, instead of traditional circuit switched technology.

Sec. 3 Any person or entity seeking to provide VoIP for use by the public for compensation
shall register themselves as such with the Commission prior to operation as a VoIP provider.
Local exchange and interexchange operators and overseas carriers are hereby allowed to offer
VoIP without need of further registration, provided that, consistent with RA 7925:

a. they ensure that such VoIP offerings are not cross-subsidized from the proceeds of their
utility operations;
b. other providers of VoIP are not discriminated against in rates nor denied equitable access
to their facilities; and
c. separate books of accounts are maintained for VoIP.

Sec. 4 No value-added service provider shall provide VoIP services to the public for
compensation where such services require access to and/or use of a network providers
network, facilities and/or equipment unless it has entered into an agreement with such network
provider as to the terms and conditions of fair and reasonable access and/or interconnection
charges for such access and/or use.

In cases where the VAS provider and network provider refuse to negotiate for the
interconnection of their networks, the Commission may, upon the complaint of any interested
party or upon its own initiative, intervene and assume jurisdiction over the matter and
immediately direct physical interconnection of the networks of the parties under such terms and
conditions it may deem proper under the circumstances.

Nothing in this paragraph shall, however, prevent the parties from negotiating and executing an
interconnection agreement, and from submitting the same to the Commission for approval. For
this purpose, the parties shall be given a period of ninety (90) days from receipt of notice of the
filing of the complaint within which to negotiate and execute an interconnection agreement,
Provided, that until an interconnection agreement is executed the interconnection mandate
adverted to in the immediately preceding paragraph, if any, shall remain in full force and effect.
Sec. 5 Network providers shall ensure equal access in terms of quantity and quality, at the same
prices for substantially similar services to VAS providers; and shall not discriminate between
VAS providers. For this purpose, the parties shall submit a copy of their agreements on these
matters for purposes of the monitoring and supervision by the Commission within thirty (30)
days upon their execution.

Sec. 6 No public telecommunications entity, network provider or other entity providing Internet
access to subscribers and VAS providers, shall impede or degrade the access of such subscribers
and VAS providers to the Internet content of another applications or service provider, except
where such access demonstrably threatens the integrity of the ir network or facilities.

Sec. 7 Network and/or internet service providers shall not require subscribers to purchase/use or
to refrain from purchasing/using any IP-enabled service as a precondition to obtaining their
broadband service.

Sec. 8 The sale, lease, importation, distribution and/or provision of VOIP equipment, software
and/or accessories that are not directly connected with the network of PTEs, such as those that
are connected directly to computers to enable access to purely Internet-based VoIP services, shall
be allowed. Customer premises equipment (CPE) designed to enable or ease the use of VoIP
shall be governed by the existing rules and regulations on CPEs.

Sec. 9 Repealing Clause Any rule, regulation, circular, order or memorandum, or parts thereof,
inconsistent with this memorandum circular are deemed amended or revoked.

Sec. 10 Effectivity This Memorandum Circular shall take effect fifteen (15) days after its
publication in a newspaper of general circulation, and three (3) certified true copies furnished to
the University of the Philippines Law Center.

Quezon City, Philippines ___23 AUGUST 2005____



RONALD OLIVAR SOLIS
Commissioner



JORGE V. SARMIENTO JAIME M. FORTES, JR.
Deputy Commissioner Deputy Commissioner





MEMORANDUM CIRCULAR
NO. 06-08-2005


SUBJ ECT: Frequency Band Allocations for Broadband Wireless
Access

WHEREAS, pursuant to RA7925 (Public Telecommunications Policy Act) and its
Implementing Rules and Regulations, the radio spectrum allocation and
assignment shall be subject to review in the interest of public service and in
order to keep pace with the development in the wireless technology with the end
in view of insuring a wider access to the limited radio spectrum and the use of
cost effective technology;

WHEREAS, the Commission is mandated to promote and sustain a healthy
competitive telecommunications environment;

WHEREAS, pursuant to RA 7925, the growth and development of
telecommunications networks and services shall be pursued;

WHEREAS, under the same Act, the Government shall allocate the spectrum to
service providers to meet public demand for telecommunications services;

WHEREAS, in line with the thrust of the government to promote and facilitate
the growth and development of information and communications technology
(ICT) throughout the country; and

Recognizing, that

- ICT access, connectivity and development of ICT facilities, services
and skills are becoming more important in economies around the
world, improving efficiency and welfare and creating an equitable and
efficient information society ;

- wireless access technology is one of the recognized solutions in
providing ICT access in developing and remote (rural), and
marginalized areas, hard and costly-to-reach areas using the
traditional wirelines, and, thus, prevent the widening of the digital
divide;

- new advances in wireless technologies offering high-speed
portable and mobile connectivity can help bridge the widening digital
divide;


- the World Summit of the Information Society (WSIS) Plan of Action to
which the Philippines is a signatory, has set out objectives to help
increase connectivity for unserved and underserved areas such as
remote and sparsely populated areas.

NOW, THEREFORE, in support of the governments objectives to push the
countrys socio-economic agenda through information and communication
technologies and achieving the goal of digital inclusion, enabling universal,
sustainable, ubiquitous and affordable access to ICT by all, the National
Telecommunication Commission hereby re-allocates the following bands for
broadband wireless access for fixed, nomadic and mobile networks:

? 450 -470 Mhz.;
? 1900 - 1910 MHz;
? 1980 - 1990 MHz;
? 2400 - 2483 MHz;
? 2500 - 2700 MHz;
? 3400 - 3600 MHz
? 5150 - 5350 MHz;
? 5470 - 5850 MHz;
? 10150 - 10650 MHz;

The transfer of previously authorized persons or entities operating radio
stations within the above listed radio frequency bands shall be governed by
Rule 603 of MC 3-3-96.

REPEALING CLAUSE

Any circular, memorandum, order or parts thereof inconsistent with the
provision of this circular shall be deemed amended or superseded accordingly.

EFFECTIVITY

This circular shall take effect (15) days after publication in a newspaper of
general circulation and three (3) certified true copies furnished the UP Law
Center.

Quezon City, Philippines, _23 AUGUST_, 2005 .



RONALD OLIVAR SOLIS
Commissioner


J ORGE V. SARMIENTO J AIME M. FORTES, J R.
Deputy Commissioner Deputy Commissioner



1




MEMORANDUM CIRCULAR
No. 07-08-2005

SUBJECT: RULES AND REGULATIONS ON THE ALLOCATION AND ASSIGNMENT
OF 3G RADIO FREQUENCY BANDS

Pursuant to RA7925 (Public Telecommunications Policy Act), Act3846, as amended (Radio
Control Law), and EO546 series of 1979, the following rules and regulations on the allocation
and assignment of Third Generation Mobile Telecommunications system (3G) radio frequency
bands are hereby promulgated.

SECTION 1. ALLOCATION OF RADIO FREQUENCY BANDS FOR INTERNATIONAL
MOBILE TELECOMMUNICATIONS 2000 (IMT2000) OR THIRD
GENERATION (3G) MOBILE TELECOMMUNICATIONS

1.1 The following radio frequency bands as identified by the International
Telecommunications Union (ITU) are hereby re-allocated for the use of
international mobile telecommunications (IMT2000) or 3G mobile
telecommunications in the Philippines and shall form part of the National Radio
Frequency Allocation Table (NRFAT), namely:

825 845MHz*
870 890MHz*
1880 1900MHz
1920 1980MHz
2110 2170MHz
2010 -2025MHz

The above-allocated frequency bands shall be made available for assignment to
not more than five (5) qualified public telecommunications entities (PTE).

*These frequencies are currently assigned to existing CMTS operators.

SECTION 2. TRANSFER OF AFFECTED USERS

2.1 The transfer of affected duly authorized users of the herein allocated 3G radio
frequency bands shall be governed by Section 603 of Memorandum Circular No.
03-03-96.

SECTION 3. CRITERIA TO BE USED IN THE SELECTION OF QUALIFIED PUBLIC
TELECOMMUNICATIONS ENTITIES

3.1 Only entities with authorizations to install, operate and maintain cellular mobile
telecommunications system (CMTS) or 3
rd
generation mobile
telecommunications system (3G) shall be accepted as applicants for the
assignment of herein allocated 3G radio frequency bands.

2
3.2 Existing duly authorized cellular mobile telephone service providers opting to
upgrade their networks to 3G shall qualify as applicants for the assignment of 3G
frequencies subject to the provisions of the applicable Sections hereof, more
particularly, Section 3.6 and Sections 4, 5, 6, and 7.

3.3 An entity intending to operate a 3G mobile telecommunications system shall file
its application for authority or certificate of public convenience and necessity
(CPCN) to install, operate and maintain a 3G mobile telecommunications system
to the Commission not later than thirty (30) calendar days from the effectivity of
this Circular. The applicant shall possess the following minimum qualifications:

a. Holder of a valid Congressional franchise;

b. For new public telecommunications entities, the minimum paid-up capital
stock shall be PhP100 million;

c. For existing duly authorized PTEs, debt to equity ratio shall be 70:30 with
total investments in the CMTS or 3G networks of at least PhP400 million
already included in the calculation of the debt to equity ratio; and

d. Must prove that it has the technical capability to install, operate and maintain
the proposed CMTS or 3G networks.

The application shall undergo quasi-judic ial process. The process shall be
completed within sixty (60) calendar days from date of the effectivity of this
Circular.

3.4 The documentary as well as oral evidence submitted by applicants for the
assignment of the radio frequency bands for Second Generation Mobile
Telecommunications System (2G) (public mobile telecommunications system or
PMTS) networks shall be updated. The process of updating shall be completed
not later than sixty (60) calendar days from the date of effectivity of this Circular.

3.5 Entities with more than 50% of common stocks owned by the same person or
group of persons shall be considered as associated applicants, at the time of
application, and such entities shall be allowed to elect one of them to proceed in
the filing of application before the Commission.

3.6 Applications for the assignment of 3G radio frequency bands shall be
accepted not later than ninety (90) calendar days from the effectivity of this
Circular. The qualified applicants shall be determined using the following
criteria:

a. For existing authorized PTEs, no outstanding unpaid supervision and
regulations fees (SRF), spectrum user fees (SUF), radio station license fees,
permit fees and other fees imposed by the National Telecommunications
Commission pursuant to law, rules and regulations.

b. Must submit a written undertaking that it shall interconnect with all 3G
networks, cellular mobile telephone networks, local exchange networks and
3
all other public networks pursuant to existing laws, rules and regulations on
mandatory interconnection.

c. Must submit a written undertaking that is shall allow the sharing of its
network and facilities with other 3G players in areas where demand does not
allow more than one (1) 3G network.

d. Must submit written undertaking that it shall negotiate roaming agreements
with other 3G networks or existing duly authorized CMTS service providers.

e. Must submit a written undertaking that it shall abide by the terms and
conditions set by the Commission in cases where its negotiations for
interconnection, sharing of networks and facilities and/or roaming fail to
reach agreements within ninety (90) days from date of the start of
negotiations for the same.

f. Must submit proof of track record in the operation of mobile
telecommunications systems particularly 3G networks.

g. Must submit a 5-year roll-out plan to cover at least 80% of the provincial
capital towns/cities and 80% of the chartered cities.

h. Must submit schedule of rates for the different types of 3G services to be
offered. The schedule of rates shall be the maximum rates that can be
charged within the first twenty four (24) months from start of commercial
operations which shall not be later than thirty (30) months from date of
award of the 3G radio frequency bands. Other 3G services not included in the
submitted list may be offered subject to prior approval by the Commission;

3.7 Entities with applications for the assignment of the 3G radio frequency bands
may form a consortium. A consortium formed must provide the details of all its
members, including the details of their ownership and control structure.

3.8 Applicants for the assignment of the herein allocated 3G radio frequency
bands shall be ranked based on the track record, roll-out commitments and rates
to be charged from consumers/subscribers/users.

SECTION 4. DETERMINATION OF QUALIFIED APPLICANTS

4.1 The Commission shall, not later than ninety (90) days from the effectivity of this
Circular, evaluate all applications for the assignment of the 3G radio frequency
bands and determine the best qualified applicants using the criteria described in
Sec. 3.6 of this Circular. Within ten (10) days after the determination of the best
qualified applicants, the Commission shall send notices of the results of the
evaluation to all applicants.

SECTION 5. PERFORMANCE BONDS

5.1 All applicants for the assignment of 3G radio frequency bands shall post
performance bond equivalent to PHP300M. The performance bond shall be
4
submitted to the Commission not later than ninety (90) days from the effectivity
of this Circular.

SECTION 6. SPECTRUM USER FEES

6.1 The annual spectrum user fees (SUF) for the allocated and assigned 3G radio
frequency bands shall be:

FOR PAIRED 3G RADIO FREQUENCY BANDS
a. for the first 5MHz, the SUF shall be PhP5,000,000.00 per MHz;
b. for each additional 1MHz or fraction thereof in excess of the first 5MHz but
not exceeding 10MHz, the SUF shall be PhP8,000,000.00 per MHz;
c. for each additional 1MHz or fraction thereof in excess of the first 10MHz but
not exceeding 15MHz, the SUF shall be PhP10,000,000.00 per MHz;
d. for each additional 1MHz or fraction thereof in excess of the first 15MHz,
the SUF shall be PhP15,000,000.00 per MHz.

FOR UNPAIRED 3G RADIO FREQUENCY BANDS
a. for the first 5MHz, the SUF shall be PhP3,000,000.00 per MHz;
b. for each additional 1MHz or fraction thereof in excess of the first 5MHz but
not exceeding 10MHz, the SUF shall be PhP6,000,000.00 per MHz;
c. for each additional 1MHz or fraction thereof in excess of the first 10MHz but
not exceeding 15MHz, the SUF shall be PhP8,000,000.00 per MHz;
d. for each additional 1MHz or fraction thereof in excess of the first 15MHz,
the SUF shall be PhP12,000,000.00 per MHz.

6.2 The SUF shall be paid not later than 31 January of each year. A penalty of
25% shall be imposed if the amount is not paid within the prescribed
period. If the SUF is not paid in full the 25% penalty shall be imposed on
the balance. Additional 1% per month penalty shall be imposed on the
outstanding unpaid SUF.

6.3 An additional SUF of PhP2M shall be imposed on each authorized 3G network
operator for every 100,000 additional subscribers/users in excess of the first 4
million subscribers/users. The number of subscribers/users to be used in he
computation of the SUF for the current year shall be based on the number of
subscribers/users reported by each authorized 3G network operator at the end of
the immediately preceding year or one-half (1/2) of the maximum capacity of the
access codes assigned as of the immediately preceding year; whichever is higher.

6.4 Existing duly authorized cellular mobile telephone service providers opting to
upgrade their networks to 3G using their existing assigned radio frequencies, and
qualified pursuant to Sec.3.2 hereof, shall pay annual SUF of PhP65M for the
first 10MHz x 2 radio frequency band plus PhP8M for each additional 1MHz x 2
of radio frequency in excess of the first 10MHz x 2. An additional SUF of
PhP2M shall also be imposed for every 100,000 additional subscribers/users in
excess of the first 4 million subscribers/users. The number of subscribers/users to
be used in the computation of the SUF for the current year shall be based on the
number of subscribers/users reported by each authorized 3G network operator at
the end of the immediately preceding year or one-half (1/2) of the maximum
5
capacity of the access codes assigned as of the immediately preceding year;
whichever is higher. The SUF shall be paid not later than 31 January of each
year. A penalty of 25% shall be imposed if the amount is not paid within the
prescribed period. If the SUF due is not paid in full the 25% penalty shall be
imposed on the balance. Additional 1% per month penalty shall be imposed on
the outstanding unpaid S of the SUF for the current year shall be based on the
number of subscribers/users reported by each authorized 3G network operator at
the end of the immediately preceding year or one-half (1/2) of the maximum
capacity of the access codes assigned as of the immediately preceding year;
whichever is higher SUF.

SECTION 7. OBLIGATIONS OF THE ASSIGNEES

7.1 The assignees shall comply with the following obligations:

a. Within fifteen (15) days from the award of the 3G frequencies, they shall
remit to the Commission payments for the SUF equivalent to one-half (1/2)
of the amount specified in Section 6 if the award is made on or before 30
June and the full amount if award is made after 30 June covering the year
when the award is made, and thereafter, pay annual spectrum user fees
prescribed in Sec. 6 hereof;

b. Increase the paid capital to PhP400 million not later than thirty (30) days
from date of assignment of 3G radio frequencies (for new public
telecommunications entities);

c. Begin the installation and construction of the 3G network and facilities not
later than twelve (12) months from date of award;

d. Start commercial operation not later than thirty (30) months from date of
award;

e. Cover at least 80% of the provincial capital cities and towns and 80% of the
chartered cities within sixty (60) months from date of award;

f. Strictly comply with the schedule of rates submitted;

g. Strictly comply with the prescribed service performance standards;

h. Interconnect with all 3G networks, cellular mobile telephone networks, local
exchange networks and all other public networks pursuant to existing laws,
rules and regulations on mandatory interconnection;

i. Share its 3G network and facilities with other 3G players in areas where
demand does not allow more than one 3G network at mutually agreed prices
or at prices set by the Commission. Only 3G operators that have complied
with their approved roll-out plans can share their networks and facilities
subject to mutually agreed commercial terms and conditions;

All assignees of 3G radio frequencies shall within one hundred twenty (120) days
from date of assignment of the 3G radio frequencies shall jointly submit to the
6
Commission list of areas where sharing of networks and facilities shall be
implemented including the pricing for the use of the networks and facilities.

j. Negotiate roaming agreements with other 3G networks and existing duly
authorized CMTS service providers. Only 3G operators that have complied
with their approved roll-out plans can negotiate roaming agreements among
themselves and with existing duly authorized CMTS service providers;

Where parties fail to enter into a mutual agreement within ninety (90) days from
the start of commercial operations of the 3G operators, the Commission shall
prescribe the terms and conditions for roaming. The terms and conditions for
roaming prescribed by the Commission shall only be effective for a period not
exceeding three (3) years.

k. Submit an application for authority to install, operate and maintain local
exchange lines or public calling stations in unserved and underserved areas
pursuant to Sec. 12 of RA7925 not later than ninety (90) days from the
assignment of the herein allocated 3G radio frequencies; and

l. Comply with all relevant laws and regulations.

SECTION 8. SANCTIONS

8.1 3G network operators shall at all times be updated in the payment of the annual
SUF. Failure to settle outstanding SUF after a reasonable period of time from due
date thereof, shall be ground for the recall of the assigned 3G radio frequency
bands.

8.2 The failure of 3G network operators to comply with any of the obligations
specified in Section 7 hereof shall be a cause for the cancellation of their
authority to provide 3G services, and for the recall of the assigned 3G radio
frequency bands.

SECTION 9. FINAL PROVISION

9.1 Any circular, order, memoranda or parts thereof inconsistent herewith are deemed
repealed or amended accordingly.

9.2 This Circular shall take effect fifteen (15) days after publication in a newspaper
of general circulation and three (3) certified true copies are furnished the UP Law
Center.

Quezon City, Philippines __23 AUGUST 2005_____.


RONALD OLIVAR SOLIS
Commissioner


JORGE V. SARMIENTO JAIME M. FORTES, JR.
Deputy Commissioner Deputy Commissioner
MEMORANDUM ORDER
No. 3-11-2005


SUBJ ECT : GUIDELINES FOR THE REGISTRATION OF VoIP SERVICE
PROVIDERS AND RESELLERS


Pursuant to MC 05-08-2005 (Voice over Internet Protocol), the National
Telecommunications Commission (Commission) hereby issues the following guidelines
for the registration of VoIP service providers.

1. A VoIP Service Provider shall refer to a person or entity providing VoIP services
to the public, directly or through resellers, for compensation. Any person or entity
that intends to derive or source VoIP from a duly registered VoIP provider under
an agreement to resell the service directly to retail end-user customers, shall
register with the Commission as a Reseller.

2. Entities intending to register as a VoIP service provider are required to submit/pay
the following documents/fees, in addition to those required to be submitted/paid
for VAS registration:

a. Certified true copy of the Securities and Exchange Commission (SEC)
Registration or Department of Trade and Industry (DTI) Registration
showing, among others, that the entity is at least sixty percent (60%)
owned by Filipino citizens, and that the paid up capital is at least ten
million pesos (P10,000,000.00);

b. Valid facilities/network lease agreement with duly authorized
facilities/network providers;

c. Valid interconnection agreements with duly authorized access
facilities/network providers, such as the local exchange network, cellular
mobile network, trunk radio network, broadband access network, etc.,
where applicable under Section 4 of MC 05-08-2005; and

d. List of cities and municipalities where the VoIP service will be offered;

e. Filing Fee: PhP 180.00;

f. Registration Fee: PhP50,000.00/year.
3. Persons or entities intending to register as a VoIP service reseller are required to
submit/pay the following documents/fees, in addition to those required to be
submitted/paid for VAS registration:

a. Certified true copy of the Securities and Exchange Commission (SEC)
Registration or Department of Trade and Industry (DTI) Registration
showing, among others, that the entity at least sixty percent (60%) owned
by Filipino citizens;

b. Certified true copy of a reseller agreement with a duly registered VoIP
service provider;

c. Filing Fee: PhP 180.00;

d. Registration Fee: PhP5,000.00/year.

4. Certificates of Registration (COR) issued to VOIP Providers and Resellers shall
be valid for a period of one (1) year, and are renewable thereafter.

5. Each VoIP service provider shall post a performance bond in the amount of five
million pesos (PhP 5,000,000.00) to guarantee the delivery of VoIP service to the
public. VoIP Resellers shall likewise post a performance bond in the amount of
one million pesos (PhP 1,000,000.00). The performance bond shall be from a
registered insurance or surety company preferably from the Government Service
Insurance System.

The performance bond shall be for the duration of the validity of the certificate of
registration as a VoIP service provider or reseller. These entities shall at all time
be covered by a performance bond. The performance bond shall be forfeited in
favor of the government in the event that these entities fail to deliver VoIP service
pursuant to NTC rules and regulations.

6. Each registered VoIP service provider shall be assigned a VoIP service prefix
09xx. Only a user/customer/subscriber with an assigned VoIP subscriber
number shall be allowed to originate and/or receive VoIP calls/traffic.

7. Only Duly registered VoIP service provider shall be allowed to offer VoIP service
using Toll Free service. Each registered VoIP service provider offering this type
of service shall be assigned a Toll Free access telephone number 1801-xxx-
yyyy. Code yyyy shall be assigned to duly registered VoIP service providers.
Code xxx shall be assigned to duly authorized local access network providers as
follows:




Code Local Access Network Provider
100 199 PAPTELCO Members
200 Bayan Telecommunications, Inc.
201 Bell Telecommunications Philippines, Inc.
203 Digital Telecommunications Philippines, Inc.
204 Innove Communications, Inc.
205 Philcom Corporation
206 Philippine Long Distance Telephone Corp.
207 Pilipino Telephone Corporation
208 Telecom Technologies Philippines, Inc.
209 Telecommunications Office (CICT)
302 Express Telecommunications, Inc.
303 Globe Telecom, Inc.
306 Smart Communications, Inc.
400 404 3G Network Operators

8. All VoIP calls/traffic, outgoing and incoming, shall pass through duly
registered/authorized VoIP service providers.

These guidelines shall take effect immediately.

Quezon City, Philippines, 23 November 2005.



RONALD OLIVAR SOLIS
Commissioner



JORGE V. SARMIENTO JAIME M. FORTES, JR.
Deputy Commissioner Deputy Commissioner





November 09, 2005

MEMORANDUM CIRCULAR
NO. 08-11-2005


SUBJ ECT : Reiterating Strict Compliance with Executive Order No. 255
dated July 25, 1987.


Under Presidential Memorandum Order No. 193 dated October 4, 2005, the Office of the
President directed the National Telecommunications Commission to ensure strict
compliance with Executive Order No. 255 dated J uly 25, 1987 on the mandatory playing
of original Pilipino musical compositions in all radio stations with musical format
programs.

Pursuant to the said Memorandum, all radio stations are hereby mandated to
play/broadcast a minimum of four (4) original Pilipino musical compositions in every
clockhour of a program with musical format in accordance with Section 1 of Executive
Order No. 255.


For immediate compliance.

Quezon City, Philippines.


(signed)
RONALD OLIVAR SOLIS
Commissioner


ANB/BGP
OPMMC








MEMORANDUM CIRCULAR
No.: __09-11-2005________

Subject: Frequency Allocation for Telemetry and Other Similar Data
Systems

Whereas, pursuant to Rule 600 of MC 8-9-95, Implementing Rules and
Regulations on RA 7925, the radio spectrum allocation and assignment shall be
subject to review in the interest of public service;

Whereas, the Commission is mandated to promote and sustain a healthy
competitive telecommunications environment;

Whereas, the Commission recognizes the need to assign frequency bands for
Telemetry and other similar Data Systems to have their own bands in as much as
the previously allocated bands for said services were reassigned to Public Radio
Network Service (PRNS).

Wherefore, pursuant to Republic Act 7925 and its Implementing Rules and
Regulations, Executive Order 546 series of 1979 and Act No. 3846, as amended,
and in the interest of the service, the National Telecommunications Commission,
hereby reallocates the bands 481.250-481.475 MHz and 486.250-486.475 MHz
for the use of Telemetry and Other Similar Data Systems and shall form part of
the National Radio Frequency Allocation Table (NRFAT), The channeling plan is
attached as Annex to this circular.

This circular shall take effect fifteen (15) days after publication in a newspaper of
general circulation and three (3) copies furnished the UP Law Center.

Any circular, order or memorandum inconsistent herewith is deemed
superseded.

Quezon City, Philippines, ___NOV 23 2005___, 2005.


RONALD OLIVAR SOLIS
Commissioner

J ORGE V. SARMI ENTO J AIME M. FORTES, J R.
Deputy Commissioner Deputy Commissioner

Office of the President of the Philippines
Commission on Information and Communications Technology
NATIONAL TELECOMMUNICATIONS COMMISSION
BIR Road, East Triangle, Diliman, Quezon City
ANNEX


12.5 KHz Channel Plan (Duplex) 12.5 KHz Channel Plan
CH. NO. FREQ_MHz CH. NO. FREQ_MHz (Simplex Only)
1 481.2500 1' 486.2500 CH. NO. FREQ_MHz
2 481.2625 2' 486.2625 1 481.4125
3 481.2750 3' 486.2750 2 481.4250
4 481.2875 4' 486.2875 3 481.4375
5 481.3000 5' 486.3000 4 481.4500
6 481.3125 6' 486.3125 5 481.4625
7 481.3250 7' 486.3250 6 481.4750
8 481.3375 8' 486.3375 7 486.4125
9 481.3500 9' 486.3500 8 486.4250
10 481.3625 10' 486.3625 9 486.4375
11 481.3750 11' 486.3750 10 486.4500
12 481.3875 12' 486.3875 11 486.4625
13 481.4000 13' 486.4000 12 486.4750

25 kHz Channel Plan (Duplex) 25 KHz Channel Plan
CH. NO. FREQ_MHz CH. NO. FREQ_MHz (Simplex Only)
1 481.2500 1' 486.2500 CH. NO. FREQ_MHz
2 481.2750 2' 486.2750 1 481.4250
3 481.3000 3' 486.3000 2 481.4500
4 481.3250 4' 486.3250 3 481.4750
5 481.3500 5' 486.3500 4 486.4250
6 481.3750 6' 486.3750 486.4500
7 481.4000 7' 486.4000 486.4750


Annex to Memorandum Circular No. _09-11-2005_- Frequency Allocation for Telemetry
and Other Similar Data Systems






MEMORANDUM CIRCULAR
No. ___10-11-2005_______


SUBJECT : Guidelines on the cablecasting of CATV channels with
Chatroom formats

Pursuant to Executive Order 205 (Regulating the Operation of Cable Antenna
Television in the Philippines), Executive Order 546 series of 1979, and in line
with the Commissions mandate on the promotion and protection of consumer
welfare, the following guidelines are hereby promulgated on the cablecasting of
Cable TV (CATV) channels with chatroom formats :

Section 1 SCOPE AND COVERAGE

1.1 All Cable TV (CATV) stations cablecasting channels with chatroom
formats shall be covered by this Memorandum Circular and the measures
contained herein in connection with the operation of their chatroom
channels.

1.2 Cable TV (CATV) channels with chatroom formats refer to interactive
channels that enable viewers to interact and send messages via SMS
(short message service) for reception by the viewing public.

Section 2 GENERAL PROVISIONS

2.1 All Cable TV (CATV) stations cablecasting channels with chatroom
formats are required to employ the use of Automated Filter Dictionary
(AFD) for their chatroom channels. The software for the Automated Filter
Dictionary (AFD) shall have the following capability :

a. to automatically mask pre-determined words or phrases not
suitable for cablecasting
b. to preview all messages prior to cablecasting
c. to provide the operator the facility to edit or delete messages,
upon examination of the same
d. to automatically screen and block messages from cellular
mobile numbers previously banned from the chatroom



2.2 Cable TV (CATV) operators with chatroom channels shall be responsible
for putting up an Administrator to oversee the operation of the chatroom.
The Administrator shall be responsible for the operation of the Automated
Filter Dictionary and the updating of its database, among others.

2.3 The Administrator shall be operated whenever the channel is
cablecasted and shall be situated at the head-end station of the Cable TV
or at a remote location duly registered and approved by the Commission.

2.4 All chatroom channels shall be required to place an Advisory informing
all chatroom users to refrain from sending messages containing indecent,
profane, obscene, malicious language and content, and all other words
and phrases not suitable for cablecasting.

2.5 All Cable TV (CATV) operators are hereby reminded to strictly comply with
the terms and conditions of their Provisional Authority or Certificate of
Authority and shall ensure that their signal shall not contain any profane,
obscene or malicious language and content

Failure to comply with the foregoing requirements shall warrant the imposition of
penalties and sanctions, fine and/or suspension/revocation of permits and
licenses.

This Circular may be revoked, revised or amended as the Commission deems fit
in accordance with law.

This Circular shall take effect after fifteen (15) days from its publication in any
newspaper of general circulation and from filing of three (3) certified true copies
thereof with the University of the Philippines Law Center and shall modify, amend
or supersede any circular, order of memorandum or portions thereof that are
inconsistent herewith.

Quezon City, Philippines, November 23, 2005.


(signed)
RONALD OLIVAR SOLIS
Commissioner

(signed) (signed)
JORGE V. SARMIENTO JAIME M. FORTES, JR.
Deputy Commissioner Deputy Commissioner


ANB/BGPchatroom.mc




MEMORANDUM CIRCULAR
NO. ___11-11-2005___________

Subject : GUIDELINES FOR SHARING/ CONSOLIDATI0N OF HEAD-END
FACI LITIES OF CABLE TELEVI SI ON STATI ONS


In order to allow cable television operators to take advantage of economies of scale and
optimize the use of resources, and to further improve their service to subscribers, the
Commission hereby sets forth the following procedure for consolidation/sharing of head-
end facilities by two or more cable television operators:

1. The sharing of head-end facilities by two or more CATV systems shall require
the approval of the Commission.

2. A CATV operator intending to share head-end facilities shall duly notify the
Commission of its intent. A grantee of a Provisional Authority or Certificate of
Authority (PA/CA) shall file a motion before the Commission, while applicant
shall either indicate in its original application or in a motion filed for such
purpose.

3. A Memorandum of Agreement (MOA) and a technical feasibility report shall
be submitted together with the petition, motion or application. The
concerned CATV operator/s shall warrant in its MOA and demonstrate in its
technical feasibility report, full compliance with the technical standards for
CATV systems, especially with the cable size requirements, and good signal
quality at all times in accordance with Section 5 of Memorandum Circular 04-
08-88.

4. The MOA shall also include an assignment of liability for violations of NTC
technical standards, rules and regulations that results from or in relation to
the sharing of the head-end, between or among the concerned parties.

5. Existing CATV operator serving adjoining/contiguous municipalities/cities may
be allowed to consolidate its individual head-end facilities into a single head-
end station. A motion shall be filed for the purpose, attaching with it a
technical feasibility report indicating compliance with the technical standards
for CATV systems.

6. The concerned CATV operators shall still secure and maintain their respective
TVRO and CATV licenses notwithstanding the sharing of head-end facilities.





7. The Commission shall not approve the sharing of head-end facilities by CATV
operators who have failed to fully comply with the conditions indicated in
their authorities, or against which there are pending administrative cases for
unauthorized retransmission of cable programs.

This Circular may be revoked, revised or amended as the Commission deems fit in
accordance with law.

This Circular shall take effect after fifteen (15) days from its publication in any
newspaper of general circulation and from filing of three (3) certified true copies thereof
with the University of the Philippines Law Center and shall modify, amend or supersede
any circular, order of memorandum or portions thereof that are inconsistent herewith.

Quezon City, Philippines, ___November 23, 2005.


(signed)
RONALD OLIVAR SOLIS
Commissioner

(signed) (signed)
J AIME M. FORTES, J R. J ORGE V. SARMIENTO
Deputy Commissioner Deputy Commissioner





Headendsharing.memocircular
BGP/ MYDOCS