Flashcards in Chapters 3-5 Deck (48)
What is the policy of the State on telecommunications?
The State is committed to the maintenance and expansion of viable, efficient and dependable communications system as effective instruments for national recovery and economic progress. It shall not compete as a matter of policy with private enterprise and shall operate communications facilities only in those areas where private initiatives and inadequate or non-existent. (E.O. No. 125 as amended by E.O. No. 125-A dated April 13, 1987)
What is the mandate of the Department of Transportation and Communications on telecommunications?
The Depart shall be the primary policy, planning, programming, coordination, implementing, regulating and administrative entity of the Executive Branch of the Government in the promotion, development and regulation of dependable and coordinated networks of communications systems, as well as in the fast, safe, efficient and reliable communications services. (E.O. No. 125 as amended)
The authority and responsibility for the exercise of the mandate of the Department and for the discharge of its powers and functions shall be vested on?
The authority and responsibility for the exercise of the mandate of the Department and for the discharge of its powers and functions shall be vested in the Secretary of Transportation and Communications, who shall have supervision and control over the Department and shall be appointed by the President. (Sec. 6, E.O. No. 125
Under Act No. 3846, as amended, what are the other specific powers and functions of the Department?
As provided in Act No. 3846, the Secretary of Transportation and Communications is empowered to regulate the construction or manufacture, possession, control, sale and transfer of radio transmitter or transceivers, and the establishment, use, and the operation of all radio stations and of all form of radio communications and transmission within the Philippines.
Note: These powers and functions of the Department are actually exercised through the National Telecommunications Commission.
What is the other specific power of the Department relative to transmitters and transceivers under Act. 3846?
He shall prescribe rules and regulations covering construction and manufacture, possession, purchase, sale or transfer of radio transmitter and tranceiver.
The powers and duties of the Secretary of Transportation and Communications are delegated to?
The powers and duties of the Secretary of Transportation and Communications are delegated to and actually performed by the NTC. The Secretary, however, may change, modify or revoke any act or decision of the NTC except as to the latter's quasi-judicial (adjudicatory) functions which are appealable to the Court of Appeals, or to the Supreme Court on purely questions of law.
May the Secretary conduct investigations relative to radio matters?
Yes, he may conduct 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.
He may also examine the books of persons, companies or associations engaged in the constructions or manufacture of radio transmitters or transceivers, or merchants dealing in the purchase and sale of radio equipment.
What actions may the Secretary take against violator of the radio laws or regulations?
He may, through the NTC, at his discretion bring criminal actions against violators of the radio laws or regulation and confiscate the radio apparatus in case of illegal operation.
What are the penalties that courts may impose upon any person for violation of the radio laws and regulations?
The penalties that courts may impose upon any person for violation of the radio laws and regulations are a fine of not more than two thousand pesos or by imprisonment of not more than two years, for each and every offense, or both, in the discretion of the court. (Sec. 11, Act 3846)
What are the penalties that courts may impose upon a firm, company, corporation or association for violation of the radio laws and regulations?
If the violator is a firm, company, corporation or association, a fine of not more than five thousand pesos is imposed for each and every offense. (Sec. 12, ibid)
Letter of Instruction No. 13-A, has given the NTC what?
Letter of Instruction No. 13-A, has given the NTC visitorial and investigative authority, power to impose fines and surcharges against violators of the radio laws and regulations consistent with the provisional provisions of Act 3846.
What are the powers and functions of the Department over radio training schools?
1. To prescribe rules and regulations to be observed by radio training schools;
2. To supervise the course and method of instructions in radio training schools; and
3. Refuse to admit in examinations for radio operators' license, graduates of radio schools not complying with the regulations.
What are the sources of radio laws and regulations?
1. International Treaties, Agreements, and Conventions.
2. The Constitution of the Philippines
3. Laws Enacted by the Legislative Branch of the Government.
4. Presidential decrees, Executive Orders, and other Presidential issuances.
5. Department (Ministry) orders and circulars
6. Decisions of the Courts.
7. Decisions of the NTC
8. Memorandum circulars of the Radio Control Office and the Board of Communications
9. Opinions of the Secretary (Minister) of Justice.
10. Resolutions of the Broadcast Media Council ( already abolished by PD No. 1748 effective January 15, 1981)
Why is the Philippines bound by the International Radio Regulations?
Under international law, the International Radio Regulations binds the Philippines being one of the signatories at the administrative radio conference at Geneva in 1959.
Who were the representatives who signed for the Republic of the Philippines the International Radio Regulations?
Messrs. Jose Alfonso
Guillermo Canon and
They were the representatives who signed for the Republic of the Philippines the International Radio Regulations as annexed to the International Telecommunications Convention which took effect on May 1, 1961.
Who affixed their signatures on the Telegraph and Telephone Regulations and the Final Protocol?
Messrs. Ceferino S. Carreon and Manuel B. Casas.
They were the Philippine delegates who affixed their signatures on the Telegraph and Telephone Regulations and the Final Protocol in the World Administrative Telegraph and Telephone Conference held in Geneva, Switzerland from April 2 to April 11, 1973 under the auspices of the International Telecommunications Union.
What is the WARC '79?
World Administrative Radio Conference, held in Geneva on September 24, 1979. It is the latest conference of representative delegates of 154 member countries of the ITU.
The primary objective was to keep pace with scientific and technical progress in radio communications by continuously revising the general provisions of the International Radio Regulations.
How is the Constitution of the Philippines a source of Radio Laws and Regulations?
Certain provisions of the Constitution particularly the provisions on franchise and the Bill of Rights should serve as a guide in the interpretation of the Radio Laws and Regulations.
What are the provisions on franchise of the Constitution?
The Philippine constitution provides that no franchise or rights should be granted to any individual, firm or corporations except under the condition that is shall be subject to amendment, alteration, or repeal by the Congress when the common good so requires.
It further provides that no franchise, certificate, or any other form of authorization for the operation of the Philippines or to corporations or other entities organized under the laws of the Philippines, sixty per centum of the capital of which is owned by citizens of the Philippines, nor shall such franchise, certificate, authorization be exclusive in character or for a longer period than fifty years.
A person therefore who wishes to obtain a radio franchise must be subject to these provisions of the Constitution. (Art. XII, Sec. II, Philippine Constitution.
The ownership of and management of mass media shall be...
"The ownership and management of mass media shall be limited to citizens of the Philippines or to corporation or associations wholly owned and managed by such citizens (Art. XVI, Sec. 11).
Under this provision, therefore, broadcast stations should be owned by citizens of the Philippines or by corporations or associations wholly owned and managed by Filipino citizens.
What is the action of the State against monopoly when the public interest so requires?
The State shall regulate or prohibit monopolies when the public interest so requires (Art. XII, Sec. 19, Philippine Constitution.)
Furtheremore, the Congress shall regulate or prohibit monopolies when the public interest so requires, no combinations in restraint of trade or unfair competition therein shall be allowed. (Art. XVI, Sec. 11, Philippine Constitution)
What is provided in the Bill of Rights of the Philippine Constitution as a source of Radio Laws and Regulations?
It is provided in the Bill of Rights of the Philippines Constitution that no person shall be deprived of property without due process of law. Hence, the revocation or disapproval of the application for a renewal of radio station license or operators' license can not be legally done without affording the licensee of the opportunity to be heard.
What are the basic Radio Control Laws?
Act No. 3846
Act No. 3997
Act No. 3396
Presidential Decree No. 36
Presidential Decree No. 191
Letter of Instruction No. 13-A
Executive Order No. 546
Presidential Decree No. 1784
Executive Order No. 125
What do Acts No. 3846 and 3396 contain?
Act No. 3846 provides Regulations of Radio Stations and Radio Communications in the Philippines and for other purposes.
Act No. 3396, as amended requiring the Installation of radio apparatus obligatory for certain types of ship of Philippine register.
What does the Presidential Decree No. 36 say?
Presidential Decree No. 36. Cancelling franchises, permits and authorizations granted for the operation of radio, television and telecommunications facilities that have remained unused by their holders after reasonable length of time, that have violated the terms under which they were issued; creating the Mass Media Council and prescribing rules and regulations on the opening and operation of mass media.
What is on the Executive Order No. 546?
It created the Ministry of Transportation and Communications, and the NTC.
What is the Presidential Decree No. 1784 for?
It abolished the Print Media Council and the Broadcast Media Council. It was signed on January 15, 1981.
Who has the authority to issue Department Orders and prescribe rules and regulations to implement effectively the Radio Control Laws?
The Secretary of Public Works and Communications (now DOTC)
What are the types of franchise?
The primary or Corporate franchise and the Secondary or Special franchise.