Instructor Information

 SAMUEL S. SABILE
 Professional Electronics Engr.
 PECE - L.No.190

 BSECE – UE, Manila ; MBA - PSBA

 Acting Chief, Network and Facilities Division-
Regulation Branch, NTC, Q.C.

 Email: sammysabile@yahoo.com
 Phone: ++ 63 2 924 37 25; 0921 2805351
 Telecommunications, Regulatory, Academe

[1]
Course Outline
PRELIM

• Radio Laws – Telecom and Broadcast Laws

• Contracts and Obligations

MIDTERM

• ECE Laws – PRC, IECEP laws

• Code of Ethics
- Safety, environment, etc.
- National Building Code

FINAL PERIOD
• Professional Code of Practice
- Engineering Standards and Standardization Bodies

• Case Study
[2]
List of Laws, Rules and Regulations affecting the ECE Profession

1. PHILIPPINE CONSTITUTION
2. ECE LAW
 ECE Act of the Philippines (R.A. 9292)
3. ICT
 ELECTRONIC COMMERCE ACT (R.A. 8792)
 CYBERCRIME LAW
4. TELECOM LAWS
 Public Telecom Act of 1995 (R.A. 7925) – Liberalization of Telecom
Service
 Act 3846 as amended by Commonwealth Act 571 and RA 584
 Creation of the Ministry of Transportations and Communications (NTC)
(As amended, and as modified particularly by PD No. 1, Integrated
Reorganization Plan and EO 546)
 Department Order No. 37 amending Dept. Order No. 4 series of 1972
 Department Order No. 88 dated December 28,1972
 Commonwealth Act No. 146 (The Public Service Law) 11-07-1936
 EO 59 (Policy on interconnection of public telecom carriers)
 EO 109 (Provision of Local Exchange Service)
List of Laws, Rules and Regulations affecting the ECE Profession
5. BROADCAST LAWS
 Act 3846
 PD 576A (111Policy ;1TV, 1AM, 1FM )
 Commonwealth Act
 EO346 (CATV restriction on area of operation)
 EO 269 (Policy Guidelines for CATV operation)
6. NTC MEMORANDUM CIRCULARS and IRR
 Implementing Rules and Regulations (RA 7925)
 Memorandum Circulars
 NTC Memorandum Circular No. 7-07-86 (Interconnection Rules)
7. DEPARTMENT ORDERS
 D.O. 11 (Act 3846 IRR)
8. IECEP
 Amended By-Laws of IECEP
 ECE Code of Ethics
9. PRC
 PRC Modernization Act of 2000 (R.A. 891)
 PRC Resolution No. 3 Series of 1975
10. Others – Code of Professional Ethics, ECE Pledge,
Electronics Code of the Phil.
 Textbook and Reference/s

MEDIA: PPT presentation, Handouts, Internet, Email

TEXTBOOK: Radio Laws Publications

NTC website: ntc.gov .ph
Engg. Code of Ethics

REFERENCE: IECEP Publications

Internet Websites (http://Wikipedia.com)

[5]
 Teaching Methods
 Slides plus board
 Slides can convey more information in an
organized way
 Blackboard is better for equations and prevents
you from not coming.
 A lesson from previous subjects
 Before coming to class
 Print handouts with 3- 4 slides per page
 Homework assignment, research work and
solutions
 Feedback

 Presentation, English …
[6]
 Homework, Project, and Exam

 Homework
 Projects:
 Term paper presentation:
 For research on xxx, what is the state-of-art
 Exams
 Three major exams, at least two (2) quizzes
 Point percentages for homework, projects, and
exams
 Participations
 Recitation
 Attendance and Feedback
[7]
 Unsatisfactory Developing Satisfactory Very Satisfactory
Performance
1 2 3 4
Indicators
1. Recognize the Does not know the Exhibits limited Demonstrates Understands and
current critical relevance of knowledge on the adequate knowledge appreciates the
issues and their engineering relevance of on the relevance of relevance of
relevance to the coursework to engineering engineering engineering
engineering contemporary coursework to coursework to coursework to
profession discipline-related contemporary contemporary contemporary
(e.g., new applications. discipline-related discipline-related discipline-related
technologies, applications. applications. applications.
new
regulations,
environmental
and energy
issues, etc.)

1. Apply Does not recognize Recognizes some Identifies Applies the most
appropriate any engineering possible engineering appropriate appropriate
engineering solutions to solutions to address engineering solutions engineering solutions
solutions to address the effect the effect of current to address the effect to address the effect
address the of current critical critical issues. of current critical of current critical
effect of current issues. issues issues.
critical issues.
 ECEC 5232
Lesson 1
(Prelim Period)

Principles of Law

ENGR. SAMUEL S. SABILE, PECE

Acting Chief, NFD-RB
National Telecommunications Commission

June 2012
LAWS
 means any rule of action or any system of
uniformity.
 any system of regulations to govern the
conduct of the people of a community, society
or nation, in response to the need for
regularity, consistency and justice based
upon collective human experience.
 a system of rules and punishments clearly
defined and established by a society to
maintain a safe and orderly social
environment.
ETHICS, MORALS & ETIQUETTE

 Ethics – is synonymous with morality; refers to moral

values that are sound or reasonable, actions or policies
that are morally required (right), morally permissible (all
right), or otherwise morally desirable (good).

 Morals - personal rules of right and wrong behavior

derived from a person’s upbringing, religious beliefs, and
societal influences.

 Etiquette - rules of acceptable personal behavior and

courtesy when interacting with others in a social setting.
 THE GENERAL NATURE OF LAW

GENERAL DIVISIONS OF LAW

1) Law which is promulgated and

enforced by the state
2) Law which is not promulgated
and enforced by the state
SUBJECTS OF LAW

 DIVINE LAW
 NATURAL LAW
 MORAL LAW
 STATE LAW
 PHYSICAL LAW

.
• Divine Law – law of religion and faith w/c
concerns itself with the concept of sin and
salvation
1. Source – God, by direct revelation to men
2. Sanction – rewards and punishments in
present life or in life to come
• NATURAL LAW – the divine inspiration in man of the
sense of justice, fairness, and righteousness, not by
divine revelation or formal promulgation, but by the
internal dictates of reason alone. (Good & Evil Nature of
Man)
 MORAL LAW – totality of the norms of good
and right conduct growing out of the
collective sense of right and wrong of every
community
 PHYSICAL LAW –law that operates on all things,
including men, without regard to the latter’s use of their
will power and intelligence
 in the operation or course of nature, there are uniformities
of actions and orders of sequence which are the physical
phenomena that we sense and feel. (Laws of physical
science or physical law)
STATE LAW – law that is promulgated and enforced
by the state
- also known as the positive law, municipal law, civil
law, or imperative law.
CONCEPTS OF STATE LAW
1. General Sense – mass
obligatory rules established
for the purpose of governing
the relations of persons in
society.

- law of the land, rule of law and

not of men, equality before the
law, enforcement of law

2. A rule of conduct, just,

obligatory, promulgated by
legitimate authority and of
common observance and benefit.
Characteristics of Law
1. It is a rule of conduct
2. It is obligatory
3. It is promulgated by legitimate authority
4. It is common observance and benefit
Sources of Law
1. Constitution
2. Legislation
3. Administrative or Executive Orders,
Regulations and Rulings
4. Judicial decisions or jurisprudence
5. Custom
6. Other Sources
ORGANIZATION OF COURTS
1. Regular Courts- Court of Appeals,
Regional Trial Court, Metropolitan
Trial Courts, Municipal Trial Court,
Municipal Circuit Trial Courts
2. Special Courts – Court of Tax
Appeals, Sandiganbayan (Decides
graft cases)
3. Quasi-judicial Agencies –
administrative bodies under the
executive branch performing
quasi-judicial functions, like NLRC,
HLURB, SEC, LTFRB, IC, CSC,
COMELEC, NTC, etc.

Quasi-judicial – involves settlement

or adjudication of controversies or
disputes
Classifications of Law
1. Substantive law is the statutory or written law that
defines rights and duties, such as crimes and punishments
(in the criminal law), civil rights and responsibilities in civil
law. It is codified in legislated statutes or can be enacted
through the initiative process. Ex. Law of obligations and
contracts
2. Adjective Law- The aggregate of rules of procedure or
practice ex. remedial law or procedural law
Procedural Law - is the "machinery" for enforcing
those rights and duties, comprises the rules by which a
court hears and determines what happens in civil or
criminal proceedings, as well as the method and means
by which substantive law is made and administered.

3. As to the subject matter – Public Law, International Law,

Administrative Law, Private Law
What is “ethics?”
 Ethics: “the rules of conduct recognized in
respect to a particular class of human actions
or governing a particular group, culture, etc.”
(Webster’s)

 Environmental ethics: rules of conduct or

principles recognized in respect to treatment of
our surroundings, especially natural
environment.

23
How does ethics differ from morality?

 Morality: “conformity to the rules of

right conduct; moral or virtuous
conduct” (Webster’s)
 Morality involves choices by individuals
 Moral behavior never absolute
 Moral dilemmas are common in
interacting with the environment

24
Questions?

[25]
RADIO LAWS AND REGULATIONS

• ACT 3846
• NATIONAL TELECOMMUNICATIONS COMMISSION
• RA 7925

ENGR. SAMUEL S. SABILE, PECE

Acting Chief
Network & Facilities Division
Regulation Branch
National Telecommunications Commission
THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
PREAMBLE
ARTICLE I National Territory
ARTICLE II Declaration of Principles and State Policies
ARTICLE III Bill of Rights
ARTICLE IV Citizenship
ARTICLE V Suffrage
ARTICLE VI The Legislative Department
ARTICLE VII Executive Department
ARTICLE VII Judicial Department
ARTICLE IX Constitutional Commissions
ARTICLE X Local Government
ARTICLE XI Accountability of Public Officers
ARTICLE XII National Economy and Patrimony
ARTICLE XIII Social Justice and Human Rights
ARTICLE XIV Education, Science, Technology, Arts, Culture
and Sports
ARTICLE XV The Family
ARTICLE XVI General Provisions
ARTICLE XVII Amendments or Revision
ARTICLE XVIII Transitory Provisions
 National Economy and Patrimony

 Section 11. No franchise, certificate, or

any other form of authorization for the
operation of a public utility shall be
granted except to citizens of the
Philippines or to corporations or
associations organized under the laws of
the Philippines at least sixty per centum
of whose capital is owned by such
citizens, nor shall such franchise, certificate,
or authorization be exclusive in character or
for a longer period than fifty years.
 National Economy and Patrimony

 Section 11. ……….The State shall encourage

equity participation in public utilities by the
general public. The participation of foreign
investors in the governing body of any public
utility enterprise shall be limited to their
proportionate share in its capital, and all the
executive and managing officers of such
corporation or association must be
citizens of the Philippines.
RADIO LAWS
AND
REGULATIONS
 List of Laws, Rules and Regulations
affecting the ECE Profession
1. The PHILIPPINE CONSTITUTION
2. ECE LAW
 ECE Act of the Philippines (R.A. 9292)
3. ICT
 ELECTRONIC COMMERCE ACT (R.A. 8792)
4. TELECOM LAWS
 Public Telecom Act of 1995 (R.A. 7925) – Liberalization of Telecom
Service
 Act 3846 as amended by Commonwealth Act 571 and RA 584
 EO 546 – Creation of the Telecom and Broadcast Regulatory
Agency: the NTC
 Department Order No. 88 dated December 28,1972
 Commonwealth Act No. 146 (The Public Service Law) 11-07-1936
 EO 59 (Policy on interconnection of public telecom carriers)
 EO 109 (Provision of Local Exchange Service)
 ACT NO. 3846

AN ACT PROVIDING FOR THE

REGULATION OF RADIO STATIONS AND
RADIO COMMUNICATIONS IN THE
PHILIPPINE ISLANDS, AND FOR OTHER
PURPOSES

November 11, 1931

SECTION 1

 No person, firm, company,

association or corporation shall
construct, install, establish, or
operate a radio station within the
Philippine Islands without having
first obtained a franchise therefor
from the Philippine Legislature;
SECTION 1

 Provided however, that no franchise from

the Legislature shall be necessary for the
construction, installation, establishment
or operation of an amateur station, an
experimental station, a training station, a
station on board a mobile vessel, train, or
aircraft, or a private station in a place
without any means of communication.
Section 2

 The construction or installation of any

station shall not be begun, unless a
permit therefor has been granted by the
National Telecommunications
Commission.
 No station shall be operated except
under and in accordance with the
provisions of a license issued therefor
by the (NTC).
Section 2
 The license shall state the dates between
which the station may be operated.
 If a renewal is desired, the licensee shall
submit an application to the NTC at least
two (2) months before the expiration date
of the license to be renewed.
 The NTC shall determine the period for
which each license is issued;
 Provided, that no license shall be issued
for a longer period than three (3) years.
SECTION 3

The National Telecommunications Commission

is hereby empowered to regulate the
establishment, use, and operation of all radio
stations and of all forms of radio
communications and transmissions within the
Philippine Islands and to issue such rules and
regulations as may be necessary.
Powers and Duties of NTC
In addition to the above, it shall have the
following specific powers and duties:

a) He shall classify radio stations and prescribe

the nature of service to be rendered by each
class and by each station within any class;
b) He shall assign call letters and assign
frequencies for each station licensed by him
and for each station established by virtue of a
franchise granted by the Philippine Legislature
and specify the stations to which each such
frequency may be used;
Powers and Duties of NTC
c) He shall make rules and regulations to prevent
and eliminate interference between stations and
to carry out the provisions of this Act and the
provisions of International Radio Regulations:
Provided however, that changes in the frequencies
or in the authorized power, or in the character of
omitted signals, or in the type of the power
supply, or in the hours of operation of any
licensed station, shall not be made without first
giving the station a hearing;
d) He may establish areas or zones to be served by
any station;
e) He may make special rules and regulations
applicable to radio stations engaging in chain
broadcasting;
Powers and Duties of NTC

f) He may make general rules and regulations

requiring stations to keep records of traffic
handled, distress, frequency watches,
programs, transmissions of energy,
communications or signs;
g) He may conduct such investigations as may
be necessary in connection with radio matters
and hold hearings, summon witnesses,
administer oaths and compel the production
of books, logs, documents and papers;
Powers and Duties of NTC
h) He may prescribe rules and regulations to be
observed by radio training schools; he may supervise
the course and method of instruction therein, and he
may refuse to admit to examinations for radio
operators' licenses graduates of any radio school not
complying with the regulations;
i) He shall prescribe rates of charges to be paid to the
Government for the inspection of stations, for the
licensing of stations, for the examination of operators,
for the licensing of operators, for the renewal of
station or operator licenses, and for such other
services as may be rendered;
j) He is hereby empowered to approve or disapprove
any application for the construction, installation,
establishment or operation of a radio station;
Powers and Duties of NTC

k) He may approve or disapprove any

application for renewal of station or operator
license: Provided however, that no application
for renewal shall be disapproved without
giving the licensee a hearing;

l) He may, at his discretion, bring criminal

actions against violators of the radio law or
the regulations; or simply suspend or revoke
the offender's station or operator's licenses;
or refuse to renew such licenses; or just
reprimand and warn the offenders;
Powers and Duties of NTC

m) The location of any station, and the power

and kind or type of apparatus to be used shall
be subject to his approval;

n) He shall prescribe rules and regulations to

be observed by stations for the handling of
SOS messages and distress traffic: Provided,
that such rules and regulations shall not
conflict with the provisions of the
International Radio Regulations.
SECTION 4
 No radio station license shall be transferred to any
person, firm, company, association or corporation
without express authority of the NTC, and no
license shall be granted or transferred to any
person who is not a citizen of the of the
Philippines; or to any firm or company which is
not incorporated under the laws of the
Philippines; or to any company or corporation
twenty percent (20%) of whose capital stock may
be voted by aliens or their representatives, or by
a foreign government or its representatives, or by
any company, corporation, or association
organized under the laws of a foreign country.
SECTION 5

 The privileges granted in any station license

shall not be exclusive.
SECTION 6.

 The President of the Philippines, in time of war,

public peril, calamity, or disaster, may cause the
closing of any radio station in the Philippines; or
may authorize the temporary use or possession
thereof by any department of the Government
upon just compensation to the owners.
SECTION 7 (Secrecy of Communication)
 A person to whom or through whom a message has been submitted
for transmission shall not willfully publish or divulge the contents,
substance, purport, effect, or meaning thereof to any unauthorized
person;

 and no person not being authorized by the sender or the addressee

shall intercept any message or communication and willfully divulge or
publish the contents, substance, purport, effect, or meaning of such
intercepted message or communication to any person;

 and no person not being entitled thereto shall receive, or assist in

receiving, any message or communications and use the same or any
information therein contained for his benefit or for the benefit of
another not entitled thereto;
SECTION 7 (Secrecy of Communication)
 and no person having received such intercepted message or
communication, or having become acquainted with the contents,
substance, purport, effect, or meaning of the same or any part
thereof, knowing that such information was so obtained, shall divulge
or publish the contents, substance, purport, effect, or meaning of the
same or any part thereof, or use the same or any information therein
contained for his own benefit or for the benefit of another not entitled
thereto:

 Provided, that this section shall not apply to the transmitting,

receiving, divulging, publishing or utilizing the contents of any
message or communication broadcasted or transmitted by amateurs
or others for the use of the general public or relating to ships in
distress.
SECTION 8

 The NTC is hereby authorized to create a Radio

Regulation Section, Division, or Office, which
shall take charge of carrying out the provisions
of this Act and of the regulations prescribed by
him, or to delegate temporarily the duties
herein conferred upon him and the
enforcement of the regulations prescribed by
him, to any bureau or office under his
department, subject to his general supervision
and control.
SECTION 9

 The provisions of this Act shall not apply to

radio stations of the Philippine Government.
Foreign mobile stations temporarily located
within the Philippine Islands shall be exempt
from the provisions of this Act: Provided,
however, That they shall be subject to the
provisions of the International Radiotelegraph
Regulations.
SECTION 10.

 The powers vested in and the duties imposed

upon the Director of Posts by Act Numbered
Thirty-three hundred and ninety-six are hereby
transferred to the NTC, ….
SECTION 11
 Act Numbered Thirty-two hundred and seventy-five,
entitled, "An Act to Amend Article One of Chapter
Fifty-two and Section Twenty-seven hundred and
fifty-seven of the Administrative Code, Providing for
the Effective Radio Control," is hereby repealed:

 Provided however, that such repeal shall not affect

any act done, or any right accrued, or any suit or
proceeding had or commenced in any criminal or
civil cause, prior to said repeal.
PENAL PROVISION
 SECTION 12. Any person who shall violate any
mandatory or prohibitory provision of this Act, or any
mandatory or prohibitory provision of the regulations
prescribed by the NTC under this Act, or any
mandatory or prohibitory provision of the
International Radio Regulations, upon conviction
thereof by a court of competent jurisdiction, shall be
punished by a fine of not more than two thousand
pesos (P2000.00) or by imprisonment for not
more than two (2) years or both, for each and every
offense.
SECTION 13

 Any firm, company, corporation or

association failing or refusing to observe or
violating any provision of this Act, or any
provision of the regulations prescribed by
the NTC under this Act, or any provision of
the International Radio Regulations, shall
be punished by a fine of not more than
five thousand (P5,000.00) pesos for
each and every offense.
Telecom Regulatory Updates
in the Philippines

ENGR. SAMUEL S. SABILE

Common Carrier Authorization Department
NATIONAL TELECOMMUNICATIONS COMMISSION
 REGULATORY STRUCTURES
National Telecommunications Commission

Sole body that exercises jurisdiction

over the supervision and regulation of
all telecommunications and broadcast
networks and services.

Created under EO 546 s1979

Exercises regulatory with quasi-

judicial power

Promulgates and implements

guidelines, rules and regulations
relative to the establishment,
operation and maintenance of
telecoms and broadcast facilities and
services nationwide and the
protection and promotion of public
interest and welfare

NTC Head Office , Quezon City

 TELECOMS POLICY STRUCTURE

POLICY MAKING BODIES

 Office of the President

 Congress of the Philippines
 DOST (FORMERLY: Commission on Information
and Communications Technology (CICT)

REGULATORY BODY

 National Telecommunications Commission

 Policy and Regulatory Process

• Congress enunciates policies through legislative process. Office of the

President issue policy guidelines through public consultation process.

• National Telecommunications Commission in implementing the policies

promulgates rules and regulations after conducting public
consultations and hearings. The Commission is a collegial body under
the administrative supervision of the Office of the President.

• It has an independent quasi-judicial power. Decisions of the

Commission are appealable only before the Court of Appeals and the
Supreme Court.

• The Commissioners do not have fixed term of office. The budget of

the Commission is approved by Congress.
PROCEDURE IN THE PROMULGATION OF RULES
 Consultative paper is prepared and released for comments
 Considering the comments received, the first draft of the rules
is prepared
 Notice of public hearing is published in newspaper of general
circulation
 Public hearings are conducted
 In cases where there is consensus, the Rules are promulgated
based on the consensus; where there is no consensus the
Commission decides and promulgates the Rules
 The promulgated Rules are published in newspaper of general
circulation and posted at the NTC website.
Visit us at NTC website www.ntc.gov.ph