EXECUTIVE ORDER NO. 205
EXECUTIVE ORDER NO. 205 -
REGULATING THE OPERATION OF CABLE ANTENNA TELEVISION (CATV) SYSTEMS IN
THE PHILIPPINES, AND FOR OTHER PURPOSES
WHEREAS,
for the protection of the public and the promotion of the general
welfare, the State may by law regulate the operation of Cable Antenna
Television (CATV) systems;
WHEREAS, when the public interest so requires, monopolies in commercial
mass media shall be regulated or prohibited;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do
hereby order;
Section 1. The operation of Cable Antenna Television
(CATV) system in the Philippines shall be open to all citizens of the
Philippines, or to corporations, cooperatives or associations
wholly-owned and managed by such citizens under a Certificate of
Authority granted by the National Telecommunications Commission,
hereinafter referred to as the Commission.
Sec. 2. A Certificate of Authority to operate
Cable Antenna Television (CATV) system shall be granted by the
Commission on a non-exclusive basis and for a period not to exceed
fifteen (15) years, renewable for another similar period: Provided,
That such certificate shall be subject to the limitation that the
authority to operate shall not infringe on the television and broadcast
markets.
Sec. 3. Subject to the limitations and procedures
prescribed by law, the grantee is hereby authorized to exercise the
right of eminent domain for the efficient maintenance and operation of
Cable Antenna Television (CATV) system.
Sec. 4. A special right is hereby reserved to the
President of the Philippines, in times of war, rebellion, public peril
or other national emergency and/or when public safety requires, to
cause the closure of any grantee’s Cable antenna Television (CATV)
system or to authorize the use or possession thereof by the government
without compensation.
Sec. 5. The grantee shall pay the income tax
levied under Title II of the National Internal Revenue Code, as
amended, and a franchise tax equivalent to three per centum (3%) of all
gross receipts from business transacted under the Certificate of
Authority.
Sec. 6. The National Telecommunications Commission
is hereby authorized to issue the necessary rules and regulations to
implement this Executive Order.
Sec. 7. Presidential Decree No. 1512 dated June
11, 1978 and all laws, orders, issuances and rules and regulations or
parts thereof inconsistent with this Executive Order are hereby
repealed or modified accordingly.
Sec. 8. This Executive Order shall take effect
immediately.
Done in the City of Manila,
this 30th day of June, in the year of Our Lord, nineteen hundred and
eighty-seven.
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Since 19.07.98.