Chapters 3-5

Question 1

What is the policy of the State on telecommunications?

Answer 1

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)

Question 2

What is the mandate of the Department of Transportation and Communications on telecommunications?

Answer 2

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)

Question 3

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?

Answer 3

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

Question 4

Under Act No. 3846, as amended, what are the other specific powers and functions of the Department?

Answer 4

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.

Question 5

What is the other specific power of the Department relative to transmitters and transceivers under Act. 3846?

Answer 5

He shall prescribe rules and regulations covering construction and manufacture, possession, purchase, sale or transfer of radio transmitter and tranceiver.

Question 6

The powers and duties of the Secretary of Transportation and Communications are delegated to?

Answer 6

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.

Question 7

May the Secretary conduct investigations relative to radio matters?

Answer 7

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.

Question 8

What actions may the Secretary take against violator of the radio laws or regulations?

Answer 8

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.

Question 9

What are the penalties that courts may impose upon any person for violation of the radio laws and regulations?

Answer 9

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)

Question 10

What are the penalties that courts may impose upon a firm, company, corporation or association for violation of the radio laws and regulations?

Answer 10

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)

Question 11

Letter of Instruction No. 13-A, has given the NTC what?

Answer 11

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.

Question 12

What are the powers and functions of the Department over radio training schools?

Answer 12

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.

Question 13

What are the sources of radio laws and regulations?

Answer 13

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)

Question 14

Why is the Philippines bound by the International Radio Regulations?

Answer 14

Under international law, the International Radio Regulations binds the Philippines being one of the signatories at the administrative radio conference at Geneva in 1959.

Question 15

Who were the representatives who signed for the Republic of the Philippines the International Radio Regulations?

Answer 15

Messrs. Jose Alfonso
F. Trinidad
Guillermo Canon and
A.P.B. Frago

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.

Question 16

Who affixed their signatures on the Telegraph and Telephone Regulations and the Final Protocol?

Answer 16

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.

Question 17

What is the WARC ‘79?

Answer 17

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.

Question 18

How is the Constitution of the Philippines a source of Radio Laws and Regulations?

Answer 18

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.

Question 19

What are the provisions on franchise of the Constitution?

Answer 19

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.

Question 20

The ownership of and management of mass media shall be…

Answer 20

“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.

Question 21

What is the action of the State against monopoly when the public interest so requires?

Answer 21

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)

Question 22

What is provided in the Bill of Rights of the Philippine Constitution as a source of Radio Laws and Regulations?

Answer 22

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.

Question 23

What are the basic Radio Control Laws?

Answer 23

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

Question 24

What do Acts No. 3846 and 3396 contain?

Answer 24

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.

Question 25

What does the Presidential Decree No. 36 say?

Answer 25

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.

Question 26

What is on the Executive Order No. 546?

Answer 26

It created the Ministry of Transportation and Communications, and the NTC.

Question 27

What is the Presidential Decree No. 1784 for?

Answer 27

It abolished the Print Media Council and the Broadcast Media Council. It was signed on January 15, 1981.

Question 28

Who has the authority to issue Department Orders and prescribe rules and regulations to implement effectively the Radio Control Laws?

Answer 28

The Secretary of Public Works and Communications (now DOTC)

Question 29

What are the types of franchise?

Answer 29

The primary or Corporate franchise and the Secondary or Special franchise.

Question 30

Differentiate primary franchise and secondary.

Answer 30

Primary franchise is a franchise to be or to exist as a corporation while secondary franchise refers to those rights and privileges conferred upon existing corporations or entities to use public property for their private business. (People vs. Quasha)

Question 31

What is Franchise?

Answer 31

Franchise is a right, privilege, or power of a public concern which ought not to be exercised by a private individual at his will and pleasure but should be preserved for public control or administrations either by the government directly or by public interest under such conditions and regulations as the government may impose in the public interest and for public security.

Question 32

What is the essential element of a franchise?

Answer 32

The essential element of a franchise is that it could be a privilege, right or power which the individual cannot exercise as of right and which depends for its lawful existence upon a grant from the government (Cite from Senator J. Salonga's Corporation Law)

Question 33

Is a franchise necessary to install and operate a radio station for commercial purposes?

Answer 33

Yes. Section 1 of the Radio Control Law provides that no person, firm, company, association or corporation shall construct, install, establish or operate a radio transmitting station or a radio receiving station used for commercial purposes, or a radio broadcasting stations, without having first obtained a franchise therefor the Congress of the Philippines.

Question 34

Who has the power or authority to grant franchise?

Answer 34

During the Martial Law administration, the President of the Philippines had the power to grant legislative franchise. With the lifting of Martial Law effective of January 15, 1981, the President may still grant franchise under Amendment No. 6 of the Philippine Constitution. Presently, the Congress of the Philippines has the authority to grant franchise to person, firm, company, association or corporation which will construct, install, establish or operate a radio transmitting station or a radio receiving station used for commercial purposes, or a radio broadcasting station.

Question 35

What kind of franchise is referred to by the Radio Control Law?

Answer 35

The franchise referred hereto is the secondary or a special franchise which if granted by the Congress confers upon a person, corporation, company or association that privilege to use the Philippine air space and other public properties for the transmission and reception of telegrams, messages, images or other forms of intelligence.

Question 36

What are the conditions for the grant of a franchise?

Answer 36

The conditions for the grant of a franchise are: 1. The grantee must be a citizen of the Philippines or a corporation or association organized under the laws of the Philippines at least sixty per centum of the capital of which is owned by Filipino citizens. 2. The franchise, certificate or authorization is not exclusive in character; 3. It shall not be granted for a longer period than fifty (50) years; and 4. It shall be subject to amendment, alteration, or repeal by the Congress of the Philippines when the public interest so requires.

Question 37

Besides a radio franchise, what other requirement is necessary to establish and operate telecommunications services?

Answer 37

Under Executive Order No. 546, series of 1979, a certificate of public convenience is required for the operation of communications utilities, wire or wireless telephone or telegraph systems, radio and television broadcasting systems and other similar public telecommunications utilities.

Question 38

What are the conditions for the grant of a certificate of public convenience?

Answer 38

1. The grantee must be a citizen of the Philippines or a corporation, co-partnership, association constituted and organized under the laws of the Philippines: provided that 60 per centum of the capital stock or paid-up capital of such corporation, co-partnership or association must belong to citizens of the Philippines. 2. The applicant must show that he is financially capable of undertaking the proposed service and meeting the responsibilities incident to its operation. 3. The operation of the proposed public service will promote the public interest in a proper and suitable manner. 4. The NTC conducts a hearing before it grants a certificate of public convenience. The public and competitors are given notices so that they may oppose the application during the formal hearing.

Question 39

What is the distinction between a certificate of public convenience and a certificate of public convenience and necessity?

Answer 39

The difference between the two appears to be that a certificate of public convenience and necessity is issued by the Commission to a public service to which any political subdivision has granted a franchise under Act 667 (as amended by Act No. 1022). On the other hand, a certificate of public convenience is any authorization to create a public service issued by the Commission.

Question 40

What is a certificate of public convenience?

Answer 40

A certificate of public convenience is an authorization issued by the Commission for the operation of public services for which no franchise, either municipal or legislative, is required by law. Examples are transportation services by means of auto-trucks and other motor vehicles.

Question 41

What is a certificate of public convenience and necessity?

Answer 41

It is an authorization issued by the Commission for the operation of public services for which a franchise is required by law. Examples are electric, telephone and commercial radio telegraph services.

Question 42

What are radio stations which do not require a franchise?

Answer 42

1. Amateur station 2. Experimental station 3. Training Station 4. Mobile Radio Station 5. Private Station 6. Broadcasting Stations established and operating at the time of the approval of the Radio Control Law. 7. Philippine Government Radio Stations 8. Radio stations in the United States military bases. 9. Citizens radio station

Question 43

What is an amateur station?

Answer 43

It is a station for self-training, intercommunications, and technical investigations carried on by amateurs, that is, by duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest. (International Radio Regulations, Art. 1, Sec 1 (78))

Question 44

What is an experimental station?

Answer 44

It is a station utilizing radio waves in experiments with a view to the development of science or technique. (I.R.R., Art. 1, Sec. 1 (83)

Question 45

Describe Training Station

Answer 45

It is a low-powered station duly licensed by the NTC established and operated by radio training schools recognized by it for purposes of giving practical training and experience to students enrolled in a radio training school.

Question 46

What is a Mobile Radio Station?

Answer 46

It is a station in the mobile service intended to be used while in motion or during halts at unspecified points. (I.R.R., Art. I, Sec. 1, 32).

Question 47

A citizens radio station is?

Answer 47

A citizens radio station is one intended for private or personal short distance radiotelephone communication and radio control of objects or devices such as model air plane, boat or cars. (Dept. Order No. 287, Sec. 1).

Question 48

No franchise shall be required for the installation, operation, and maintenance of the following specialized communication services, to wit:

Answer 48

``` Radio Paging Radio Message Switching Community Antennae Television (CATV) Master Antennae Television (MATV) Closed Circuit Television (CCTV) Television Translator; ``` provided however, that a certificate of public convenience shall first be secured from the Board of Communications before these services are installed and operated (BOC MC No. 76-15 June 9, 1976)