EXECUTIVE ORDER NO. 467
EXECUTIVE ORDER NO. 467 - PROVIDING
FOR A NATIONAL POLICY ON THE OPERATION AND USE OF INTERNATIONAL
SATELLITE COMMUNICATIONS IN THE COUNTRY
WHEREAS,
the State, recognizing the vital role of communications in nation
building, is committed to promote the establishment of communications
structures responsive to information technology of the country;
WHEREAS, the provision of modern, efficient, and adequate satellite
telecommunications facilities and services will promote the pole
vaulting strategy of the government to launch the country as a
telecommunications hub in the Asia-Pacific region by the 21st
century;
WHEREAS, there is a need to broaden the access by authorized entities
to international satellite systems and services and thereby, accelerate
the attainment of the development thrusts for the local
telecommunications sector;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by law, do hereby
order the adoption as a national policy, of the following policy
guidance in the operation and use of satellite communications in the
country.
Section 1. Policy Guidance. — The following guidance
and regulations shall govern the operation and use of the following
satellite telecommunications facilities and services in the country:
a.
Access to International Fixed Satellite Systems. Enfranchised
telecommunications entities duly authorized by the National
Telecommunications Commission (NTC) to provide international
telecommunications services shall be allowed direct access to all
international fixed satellite systems. Broadcast service providers may
also be allowed to directly access international fixed satellite
systems subject to NTC rules, regulations and authorizations.
b. Access to
International Mobile Satellite Systems. Direct access to international
mobile satellite services shall be allowed for maritime, aeronautical
and land mobile uses, subject to NTC rules and regulations. For this
purpose, the DOTC/NTC shall recognize the authorization and/or
certification of foreign-registered mobile units designed to access
international mobile satellite systems, provided they are consistent
with said NTC rules and regulations.
c. Use of
Satellite Newsgathering (SNG) Earth Stations. The government shall take
a permissive approach on the use and operation of SNG earth stations
owned or operated by foreign news media organizations, for a limited
period of time as defined by NTC. Foreign news media organizations
wanting to bring SNG earth stations into the country shall secure a
special NTC permit.
d. Operation
and Use of Global Mobile Personal Communication by Satellite (GMPCS).
The government shall allow the operation and use of GMPCS to contribute
to the attainment of universal access, subject to NTC rules and
regulations. In this connection, GMPCS systems shall be required to
interconnect with existing terrestrial systems in a non-discriminatory
manner in accordance with the provisions of Executive Order No. 59
(Guidelines for Compulsory Interconnection of Authorized Public
Telecommunications Carriers) and its Implementing Guidelines.
e. Provision
of Direct to Home TV Services. The government shall allow the reception
of Direct to Home TV signals from content providers utilizing
international satellite systems, provided the video programs thereto
are authorized by appropriate government agency(ies). Equipment for the
reception of Direct to Home TV signals shall be provided by duly
authorized entities. Moreover, uplink centers for transmission or
retransmission of video programs shall be encouraged to be set up in
the Philippines, subject to existing laws and procedures formulated by
the NTC.
Sec. 2. Policy Implementation. — The NTC, in
coordination with the concerned agencies and sectors, shall formulate
and adopt, not later than forty-five days from the effectivity of this
Order, the necessary implementing rules and regulations for the
implementation of the above policy guidance, including the monitoring
system for their implementation.
Sec. 3. Definition of Terms. — For the purpose of
this Order and in the implementation of the above policy guidance, the
following definitions shall apply:
a.
Direct Access — any one of a number of measures permitting direct
dealings between authorized entities and international satellite system
providers at specified levels as defined by the NTC.
b. Direct to
Home (DTH) TV — a broadcasting system wherein television programs are
transmitted directly to home/user receivers via satellite, thus making
the reception cover not only individual(s) in their homes but other
places as well.
c. Fixed
Satellite Service — a radio communication service between earth
stations at given points, when one or more satellites are used; the
given position may be specified point or any fixed points within
specified areas.
d. Global
Mobile Personal Communications by Satellite — a satellite system
providing telecommunications services directly to end-users anywhere in
the globe from a constellation of satellites.
e. Mobile
Satellite Service — a radio communications service between mobile earth
stations and one or more space stations, or between space stations used
by this service, or between mobile earth stations by means of one or
more space stations.
f. Satellite
Newsgathering — the use of either transportable “Fixed Satellite
Service” earth stations or “Mobile Satellite Service” earth stations to
provide temporary communications services for news media organizations
covering news events such as summits, conferences or disasters.
Sec. 4. Policy Review. — The DOTC, in consultation
with the concerned agencies and sectors, shall regularly review the
responsiveness of the above policy guidance and based on this, submit
policy recommendations to the Office of the President.
Sec. 5. Repealing Clause. — All Executive Orders,
Administrative Orders and other Executive issuances inconsistent
herewith are hereby repealed, modified or amended accordingly.
Sec. 6. Effectivity. — This Order shall take
effect immediately.
DONE in the City of Manila,
this 17th day of March, in the year of Our Lord, Nineteen Hundred and
Ninety-Eight.
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