SAINT LOUIS UNIVERSITY

SCHOOL OF ENGINEERING AND ARCHITECTURE

DEPARTMENT OF MECHANICAL ENGINEERING

TELECOMMUNICATIONS LAW

SUBMITTED BY:

YDIA, XAVIER MANUEL C.

SUBMITTED TO:

JOSEPH REUBEN D. CRUZ, BSECE, BME, MEng-ECE

REPUBLIC ACT NO. 7925

TELECOMMUNICATIONS POLICY ACT OF THE PHILIPPINES

ARTICLE I

SECTION 3

TERMS DEFINED:

1. TELECOMMUNICATIONSa. ANY PROCESS WHICH ENABLES A TELECOMMUNICATIONS ENTITY TO

RELAY AND RECEIVE VOICE, DATA, ELECTRONIC MESSAGES, WRITTEN OR PRINTED MATTER, FIXED OR ANY CONTROL SIGNALS OF ANY DESIGN FOR ANY PURPOSE BY WIRE, RADIO, OR OTHER ELECTROMAGNETIC, SPECTRAL, OPTICAL, OR TECHNOLOGICAL MEANS.

b. THE TRANSMISSION, BETWEEN OR AMONG POINTS SPECIFIED BY THE USER, OF INFORMATION OF THE USER’S CHOOSING, WITHOUT CHANGE IN THE FORM OR CONTENT OF THE INFORMATION AS SENT AND RECEIVED.

2. PUBLIC TELECOMMUNICATIONS ENTITYa. ANY PERSON, FIRM, PARTNERSHIP, OR CORPORATION, GOVERNMENT OR

PRIVATE, ENGAGED IN THE PROVISION OF TELECOMMUNICATIONS SERVICES TO THE PUBLIC FOR COMPENSATION.

3. BROADCASTINGa. AN UNDERTAKING, THE OBJECT OF WHICH IS TO TRANSMIT OVER-THE-AIR

COMMERCIAL RADIO OR TELEVISION MESSAGES FOR RECEPTION OF A BROAD AUDIENCE IN A GEOGRAPHIC AREA.

4. FRANCHISEa. A PRIVILEGE CONFERRED UPON A TELECOMMUNICATIONS ENTITY BY

CONGRESS AUTHORIZING THAT ENTITY TO ENGAGE IIN A CERTAIN TYPE OF TELECOMMUNICATION SERVICE

b. A GOVERNMENT GRANTED RIGHT TO OFFER COMMUNITY PUBLIC RIGHT-OF-WAY FOR EXCLUSIVE COMMERCIAL COMMUNICATIONS SERVICES, SUCH AS PHONE SERVICES OR CABLE BROADCAST SERVICES.

5. LOCAL EXCHANGE OPERATORa. AN ENTITY PROVIDING TRANSMISSION AND SWITHCING OF ANY

TELECOMMUNICATIONS SERVICES, PRIMARILY BUT NOT LIMITED TO VOICE-TO-VOICE SERVICE, IN A GEOGRAPHIC AREA ANYWHERE IN THE PHILIPPINES.

6. INTER – EXCHANGE CARRIERa. AN ENTITTY, SOMETIMES REFERRED TO AS CARRIER’S CARRIER OR

NATIONAL BACKBONE NETWORK OPERATOR, AUTHORIZED TO INSTALL, OWN AND OPERATE FACILITIES WHICH CONNECT LOCAL EXCHANGES WITHIN THE PHILIPPINES AND TO ENGAGE IN THE BUSINESS OF INTER-CHANGE NATIONAL LONG DISTANCE SERVICES.

7. INTERNATIONAL CARRIERa. AN ENTITY PRIMARILY ENGAGED IN BUSINESS OF PROVIDING

TRANSMISSION AND SWITCHING OF ANY TELECOMMUNICATIONS SERVICE BETWEEN THE PHILIPPINES AND ANY OTHER PART OF THE WORLD WHICH IT HAS AN EXISTING CORRESPONDENT OR PROSPECTIVE INTERCONNECTION AGREEMENTS.

8. VALUE – ADDED SERVICE PROVIDER (VAS)a. AN ENTITY WHICH, RELYING ON THE TRANSMISSION, SWITCHING AND

LOCAL DISTRIBUTION FACILITIES OF THE LOCAL EXCHANGE AND INTER – EXCHANGE OPERATORS, AND OVERSEAS CARRIERS, OFFERS EXCHANGED SERVICES BEYOND THOSE ORDINARILY PROVIDED FOR BY SUCH CARRIERS.

9. PUBLIC TOLL CALLING STATIONa. A NON – EXCLUSIVE FACILITY AT WHICH THE PUBLIC MAY, BY THE

PAYMENT OF APPROPRIATE FEES, PLACE AS WELL AS RECEIVE TELEPHONE CALLS AND / OR TELEGRAMS OR THER MESSAGES.

10. MOBILE RADIO TELEPHONE SYSTEMa. A WIDE AREA MOBILE TELEPHONE SYSTEM WITH ITS OWN SWITCH, BASE

STATIONS AND TRANSMISSION FACILITIES CAPABLE OF PROVIDING HIGH CAPACITY MOBILE TELECOMMUNICATIONS BY UTILIZING RADIO FREQUENCIES.

11. INTERCONNECTIONa. THE LINKAGE, BY WIRE, RADIO, SATELLITE OR OTHER MEANS, OF TWO OR

MORE EXISTING TELECOMMUNICATION CARRIERS OR OPERATORS WITH ONE ANOTHER FOR THE PURPOSE OF FOLLOWING OF ENABLING THE SUBSCRIBERS OF OTHER CARRIERS AND OPERATORS.

ARTICLE IIADMINISTRATION

NATIONAL TELECOMMUNICATIONS COMMISSION

- NTC IS AN AGENCY OF THE PHILIPPINE GOVERNMENT UNDER THE COMMISSION ON INFORMATION AND COMMUNICATIONS TECHNOLOGY RESPONSIBLE FOR THE SUPERVISION, ADJUDICATION AND CONTROL OVER ALL TELECOMMUNICATIONS SERVICES THROUGHOUT THE PHILIPPINES.

DEPARTMENT OF TRANSPORTATION AND COMMUNICATION

-  DOTC IS THE EXECUTIVE DEPARTMENT OF THE PHILIPPINE

GOVERNMENT RESPONSIBLE FOR THE MAINTENANCE AND EXPANSION OF VIABLE,

EFFICIENT, AND DEPENDABLE TRANSPORTATION AND COMMUNICATIONS

SYSTEMS AS EFFECTIVE INSTRUMENTS FOR NATIONAL RECOVERY AND ECONOMIC

PROGRESS.

- THE DEPARTMENT IS RESPONSIBLE FOR THE COUNTRY'S LAND, AIR, SEA AND

COMMUNICATIONS INFRASTRUCTURE.

SECTION 7

TELECOMMUNICATION ENTITIES

A TELECOMMUNICATION ENTITY SHALL BE AUTHORIZED TO OPERATE IN ONE OR MORE OF THE TELECOMMUNICATIONS CATEGORIES MENTIONED IN THIS ACT PROVIDED EACH CATEGORY IS COVERED BY THE FRANCHISE.

1. LOCAL EXCHANGE OPERATOR

a. PROVIDE UNIVERSAL BASIC TELEPHONE SERVEICE TO ALL SUBSCRIBERS WHO APPLIED FOR SUCH SERVICE

2. INTER – EXCHANGE CARRIER

a. IT INTERCONNECT WITH OTHER NETWORKS IN THE SAME CATRGORY AND WITH LOCAL EXCHANGE CARRIERS OR OTHER TELECOMMMUNICATIONS ENTITIES

3. INTERNATIONAL CARRIER

a. ONLY ENTITIES WHICH WILL PROVIDE LOCAL EXCHANGE SERVICES AND CAN DEMONSTRABLY SHOW TECHNICAL AND FINANCIAL CAPABILITY TO INSTALL AND OPERATE INTERNATIONAL GATEWAY FACILITY

4. VALUE – ADDED SERVICES

a. IT DOES NOT PUT UP ITS OWN NETWORK. IT DOESN’T NEED TO SECURE A FRANCHISE. A VAS PROVIDER SHALL BE ALLOWED TO COMPETITIVELY OFFER ITS SERVICES AND/OR EXPERTISE, AND LEASE OR RENT TELECOMMUNICATION EQUIPMENT AND FACILITIES NECESSARY TO PROVIDE SUCH SPECIALIZED SERVICES, IN THE DOMESTIC AND/OR INTERNATIONAL MARKET IN ACCORDANCE WITH NETWORK COMPATIBILITY.

5. MOBILE RADIO SERVICES

a. IN A LOCAL EXCHANGE AREA, MORE THAN ONE DULY ENFRANCHISED PROVIDER OF MOBILE RADIO SERVICES, DISTINCT AND SEPARATE FROM LOCAL EXCHANGE CARRIER, MAY BE ALLOWED TO OPERATE.

6. RADIO PAGING SRVICES

a. DULY ENFRANCHISED RADIO PAGING SERVICES INVOLVING EITHER VOICE DATA MESSAGES, SHALL BE ALLOWED TO COMPETE FREELY IN SUCH NUMBER OF OPERTORS, OR VARIETY OF OPERATING MODALITIES, SUBJECT ONLY TO NORMS ON THE RADIO FREQUENCY SPECTRUM UTILIZATION.

ARTICLE V

OTHER SERVICES AND FACILITIES

1. CUSTOMER PREMISES EQUIPMENT

a. TELECOMMUNICATIONS SUBSCRIBERS SHALL BE ALLOWED TO USE WITHIN THEIR PREMISES TERMINAL EQUIPMENT, SUCH AS TELEPHONE, PABX, FACSIMILE, DATA, RECORD, MESSAGE AND OTHER SPECIAL-PURPOSE OR MULTI-FUNCTION TELECOMMUNICATION TERMINAL EQUIPMENT INTENDED FOR SUCH CONNECTION.

2. RADIO FREQUENCY SPECTRUM

a. THE RADIO FREQUENCY SPECTRUM ALLOCTION AND ASSIGNMENT SHALL BE SUBJECT TO REASONABLE SPECTRUM USER FEES.