ECE LAWS, CONTRACT AND ETHICS

DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS

The Department of Transportation and Communications (DOTC) is the biggest among the executive departments. It covers road, rail, air, water and communications sectors. To carry out its mandate, it has 14 attached agencies/corporations and 4 line/sectoral offices. The 4 line/sectoral offices are: o LTO o LTFRB 14 attached agencies are: o TRB o OTC o MRT3 o LRTA o PNR o PPA o CPA o PCG o TELOF

o o o o o o o

MARINA MIAA MCIAA PADC CAB NTC newly created CAAP

Noteworthy to mention also that the Department is implementing 66 SONA projects that will spur more the country's economy upon completion.

Mission
To provide the country with efficient, effective and secured transportation and communication systems that is globally competitive, compliant with international standards and responsive to the changing times.

Vision 2015
DOTC is a world class organization, providing integrated transport and communications services, connecting people islands, families, communities and the nation with the rest of the world, and constantly responding for the environmentally sustainable and globally competitive transport and communications.

The Policy of the State in 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 are inadequate or non-existent. (E.O. No. 125 as amended by E.O 125-A dated April 13, 1987) .

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Note: The department shall, within three (3) years from effectivity of R.A. 7925 (approved on March 1, 1995) privatized all telecommunications facilities currently owned and/or operated by the government for public use, plus those facilities currently being planned under various bilateral funding arrangements. Unless otherwise authorized by law as construction of telephone infrastructure shall be made through public bidding. (Sec. 16) Policies of the DOTC to Promote Rapid Expansion of Telecommunications in all Regions 1. The government will rely in the private sector to build and operate telecommunications facilities in all regions, all such facilities to be interconnected to form part of a single national network with appropriate revenue sharing arrangements an enunciated in National Telecommunications Commission memorandum Circular 7-13-90 2. As soon as suitably qualified private operators can be fund, the government will privatized its existing telecommunications operations, and will only enter into new ventures when there is no sector alternative and as temporary arrangement. 3. The National Telecommunications Commission is directed to establish abbreviated procedures to ensure rapid approval of viable projects propose by the private sector which can be implemented on a time basis. 4. The government will establish arrangement whereby official development assistant funding can be made available to the private sector to finance construction of new facilities which further the government objectives. Pursuant to the policies enunciated above, the Department of Transportation and Communications hereby invites qualified private sector entities to submit project to the National Telecommunications Commission for their prompt approval. The Communication shall give priority consideration to initiative which results in immediate expansion of service to unserved and underserved rural areas. (DOTC Dept. Circular No. 90-252 August 10, 1990) Policies and Interconnection and Revenue Shares 1. All facilities offering public telecommunication services shall be interconnected into the nationwide telecommunications network/s. 2. System interconnection requires technical compatibility and agreement on facilities responsibilities with respect to transmission, switching and signaling interfaces; message accounting arrangements for billing, as well as service performance; end user access; and installation maintenance and repair services. 3. To achieve uniform service quality and efficient interworking, all service operators, whether public or private, must follow national standards approved by the National Telecommunications Commission (NTC). These standards shall be formulated revised or

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modified through a transparent process of consensus involving all interested parties including service providers, equipment suppliers, user groups, and government. The NTC shall have the final approval of the standards. 4. The interconnection of networks shall be affected in a fair and non-discriminatory manner and within the shortest time frame practicable. 5. The precise point of interface between service operators shall be as defined by the NTC and the apportionment of cost and division of revenues resulting from interconnection of telecommunications networks shall be as approved and/or prescribed by the NTC. 6. All other matters being equal, traffic settlement agreements shall be based upon a recovery of toll-related costs and a fair return on the investment of both companies in the facilities employed in making the toll calls exchanged between the systems. Unless otherwise mutually agreed, the toll carrier shall meet the local exchange carrier at the main distribution frame of the exchange designated by the local exchange carrier. 7. Due recognition must be given by operators to the critical importance of confirming with international standard practices at lower cost and speed development to telecommunications infrastructure. 8. Subsidies shall be recognized and approved on the basis of sound public policy. 9. Due regard shall be given to relevant recommendations, such as CCITT, particularly on the quality and standards of service to be offered to the public. (DOTC Dept. Circular No. 90-248 June 14, 1990) Mandate of the Department of Transportation and Communications The department 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 regulations of dependable and coordinated networks of communications systems, as well as in the fast, safe, efficient and reliable communication services. (E.O. No. 125 as amended) Objectives of the Department 1. Promote the development of dependable and coordinated networks of communications systems. 2. Guide government and private investments in the development of the countrys communication system in a most practical, expeditious and orderly fashion for maximum safety, service and cost effectiveness; 3. Impose appropriate measures so that technical, economic and other conditions for the continuing economic viability of the communications entities are not jeopardized and do not encourage inefficient and distortion of traffic patronage;

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4. Develop an integrated plan for the nationwide transmission system in accordance with national and international telecommunications service requirements including, among others, radio and television broadcast relaying, leased channel services and data transmission; 5. Guide government and private investments in the establishment, operation and maintenance of an inter national switching system for incoming and outgoing telecommunications services; 6. Encourage the development of a domestic telecommunications industry in coordination with the concerned entities particularly the manufacture of communications/electronics equipment and support, as much as possible, the expansion, development, operation and maintenance of nationwide telecommunications network. The Powers and Functions of the Department to Accomplish its Mandate To accomplish its mandate on telecommunications, the Department shall have the following powers and functions: 1. Formulate and recommend national policies and guidelines for the preparation and implementation of integrated and comprehensive communications systems at the national, regional and local levels; 2. Establish and administer comprehensive and integrated programs for communications, and for this purpose, may call on any agency, corporation, or organization, whether public or private whose development programs include communications as an integral part thereof, to participate and assist in the preparation and implementations of such programs; 3. Access, review and provide direction to communications research and development programs of the government in coordination with other institutions concerned; 4. Administer and enforce all laws and regulations in the field of communications; 5. Coordinate with the Department of Public Works and highways in the design, location, development, rehabilitation, improvement, construction, maintenance and repair of all structure and repair of all infrastructure projects and facilities of the Department. However, government corporate entities attached to the department shall be authorized to undertake specialized telecommunications xxx projects and facilities as directed by the President or as provided by law ; and 6. Establish and prescribe rules and regulations for the establishment, operation and maintenance of such telecommunications facilities in areas not adequately serve by the private sector in order to render such domestic and overseas services and that are necessary with due consideration for advances for technology. (Sec. 5, E.O. No. 125 as amended, dated April 13,1987)

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Note: 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. The Limitations to the Powers and Responsibilities of the DOTC under R.A. 7925 The Department of Transportation and Communications (Department) shall not exercise any power which will tend to influence or affect a review or a modification of the commissions quasi-judicial functions. In accordance with the Commission, however, the Department shall, in accordance with the policies enunciated in this Act, be responsible for: a) The development and maintenance of a long term strategic national development plan for the telecommunications to serve as a guide to the industry and potential investors as well as to the industry and potential investors as well as to the Commissions; b) The coordination of research and development activities in government with the work of other institutions in the field of telecommunications; c) The representation and promotion of Philippine interests in international bodies, and negotiation of the nations rights and obligations in international telecommunications matter; and d) The operation of a national consultative forum to facilitate interaction amongst the telecommunications industries, user groups, academic and research institutions in the airing and resolution of important issues in the field of communications. 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 transmitters or transceivers(combination of transmitter-receiver), and the establishment, use, the operation of all radio stations and of all form of radio communications and transmission within the Philippines. Other Specific Power of the Department Relative to Transmitters and Transceivers under Act 3946 Shall prescribe rules and regulations covering the construction and manufacture, possession, purchase, sale or transfer of radio transmitter and transceiver.

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With Regard to Radio Stations, what are the Specific Powers and Duties of the Secretary under Act 3846? The Secretarys specific powers and duties are: 1. To classify radio stations and prescribe the nature of the services to be rendered by each class and by each station within any class; 2. To assign call letters and assign frequencies for each station licensed by him and for each station established by virtue of a franchise; 3. Promulgate rules and regulations to prevent and eliminate interference between stations; 4. . Establish areas or zones to be served by any stations; 5. Promulgate rules and regulations applicable to radio stations engaging in chain broadcasting; and 6. Promulgate rules and regulations requiring stations to keep records to traffic handled, distress frequency watches, programs, transmission of energy, communications or signs. May the Secretary Conduct investigations relative to radio matters? , 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 person, companies or associations engaged in the construction or manufacture of radio transmitter or transceivers, or merchants dealing in the purchase and sale of radio equipment. 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 instruction in radio training schools; and 3. Refuse to admit in examinations for radio operators license, graduates of radio schools not complying with the regulations. Note: these functions are delegated to and being performed by the NTC What are the other specific powers and functions of the Secretary of Transportation and Communications as provided in Act 3846? 1. To prescribe rates of charges to be paid to the Government for the inspection of stations, for licensing of stations, for the examination of operators, for the licensing of

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operators. For the renewal of station or operator license, and for other services as may be rendered. 2. To approve or to disapproved any applications for the construction, installation, establishment or operation of a radio station; 3. To approve or disapproved any applications for renewal of station or operator license: provided, however, that application for renewal shall be disapproved without giving the licensee a hearing; 4. To approve the location of any station and the power and kind or type of apparatus to be used; and 5. To prescribe rules and regulations to be observed by stations for the handling of SOS messages and distress, provided, that such rules and regulations shall not conflict with the provisions of the International Radio Regulations. Note: These powers and functions are actually exercised through the National Telecommunications Commission.