EXECUTIVE ORDER NO. 436 September 9, 1997
PRESCRIBING POLICY GUIDELINES TO GOVERN THE OPERATIONS OF CABLE TELEVISION IN THE PHILIPPINES
WHEREAS, the State recognizes the vital role of communication and information in nation-building;
WHEREAS, the Filipino people must be given wider access to more sources of news, information, education, sports events and entertainment programs other than those provided for by mass media and afforded television programs to attain a well informed, well-versed and culturally refined citizenry and enhance their socio-economic growth;
WHEREAS, cable television (CATV) systems could support or supplement the services provided by television broadcast facilities, local and overseas, as the national information highway to the countryside;
WHEREAS, because a large part of the country is still not covered by cable television services, there is an urgent need to maximize the development of the cable television industry and to provide incentives and afford protection to investments therein;
WHEREAS, professionalism and self-regulation among existing operators, through a nationally recognized cable television operators' association, have enhanced the growth of the...
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Executive Orders
Prescribing Policy Guidelines to Govern the Operations of Cable Television in the Philippines
Executive Order No. 436
Summary of Executive Order No. 436
Objectives and Rationale:
- Recognizes the vital role of communication and information in nation-building.
- Aims to provide wider access to news, information, education, sports, and entertainment programs through cable television (CATV) systems.
- CATV systems can support or supplement services provided by television broadcast facilities.
- Seeks to maximize the development of the cable television industry and provide incentives and protection for investments.
- Acknowledges the role of professionalism and self-regulation among existing operators through a nationally recognized cable television operators' association.
Provisions:
1. Separation of CATV from Telecommunications and Broadcast TV (Section 1)
- The operation of CATV systems shall be maintained separate and distinct from telecommunications or broadcast television.
2. Regulation and Supervision (Section 2)
- The regulation and supervision of the CATV industry in the Philippines shall remain vested solely with the National Telecommunications Commission (NTC).
3. Licensing and Authorization (Section 3)
- Only persons, associations, partnerships, corporations, or cooperatives granted a Provisional Authority or Certificate of Authority by the NTC may install, operate, and maintain a CATV system or render CATV service within a service area.
- CATV service may carry advertisements and other paid segments, for which the operator may charge reasonable fees.
- CATV operators shall not infringe on broadcast television markets by inserting advertisements in the programs they carry or retransmit without the consent of the program provider.
4. Restrictions on Other Service Providers (Section 4)
- Local exchange operators, broadcasters, direct broadcast satellite service providers, multi-point distribution service providers, television receive-only satellite program distribution service providers, and other video programming providers shall not operate CATV systems or any form of service involving the delivery of television programs and signals without specific permits, licenses, and/or authority to operate a CATV system.
5. Granting of Additional Authorities (Section 5)
- The NTC may grant an applicant an authority to operate a CATV system within the same franchise area covered by an existing Provisional Authority or Certificate of Authority issued two (2) years earlier, subject to certain conditions:
- The prior CATV operator has not substantially complied with the terms and conditions of their authorization without sufficient justification.
- The CATV service currently provided by the operator to its subscribers is grossly inadequate.
- The grant of authority to the applicant will not result in ruinous competition detrimental to the existing operator and incompatible with the investment policies under this Executive Order.
6. Leasing or Sub-leasing of Excess Capacity (Section 6)
- A CATV operator may, with prior approval from the NTC, lease or sub-lease any excess capacity of its CATV system to a third party.
7. Distribution of Encoded Satellite Program Signals (Section 7)
- Receipt and distribution of encoded satellite program signals shall be limited to the written authority granted by the satellite programmer.
8. Implementation and Enforcement (Section 8)
- The NTC is directed to ensure the proper implementation of this Executive Order, adopt rules and regulations, and impose appropriate penalties, including administrative fines, penalties, and sanctions, in case of violation.
9. Repeal of Inconsistent Issuances (Section 9)
- All executive orders, administrative orders, and other issuances inconsistent with this Executive Order are hereby repealed, modified, or amended accordingly.
10. Effectivity (Section 10)
- This Executive Order shall take effect immediately upon approval.
Objectives and Rationale:
- Recognizes the vital role of communication and information in nation-building.
- Aims to provide wider access to news, information, education, sports, and entertainment programs through cable television (CATV) systems.
- CATV systems can support or supplement services provided by television broadcast facilities.
- Seeks to maximize the development of the cable television industry and provide incentives and protection for investments.
- Acknowledges the role of professionalism and self-regulation among existing operators through a nationally recognized cable television operators' association.
Provisions:
1. Separation of CATV from Telecommunications and Broadcast TV (Section 1)
- The operation of CATV systems shall be maintained separate and distinct from telecommunications or broadcast television.
2. Regulation and Supervision (Section 2)
- The regulation and supervision of the CATV industry in the Philippines shall remain vested solely with the National Telecommunications Commission (NTC).
3. Licensing and Authorization (Section 3)
- Only persons, associations, partnerships, corporations, or cooperatives granted a Provisional Authority or Certificate of Authority by the NTC may install, operate, and maintain a CATV system or render CATV service within a service area.
- CATV service may carry advertisements and other paid segments, for which the operator may charge reasonable fees.
- CATV operators shall not infringe on broadcast television markets by inserting advertisements in the programs they carry or retransmit without the consent of the program provider.
4. Restrictions on Other Service Providers (Section 4)
- Local exchange operators, broadcasters, direct broadcast satellite service providers, multi-point distribution service providers, television receive-only satellite program distribution service providers, and other video programming providers shall not operate CATV systems or any form of service involving the delivery of television programs and signals without specific permits, licenses, and/or authority to operate a CATV system.
5. Granting of Additional Authorities (Section 5)
- The NTC may grant an applicant an authority to operate a CATV system within the same franchise area covered by an existing Provisional Authority or Certificate of Authority issued two (2) years earlier, subject to certain conditions:
- The prior CATV operator has not substantially complied with the terms and conditions of their authorization without sufficient justification.
- The CATV service currently provided by the operator to its subscribers is grossly inadequate.
- The grant of authority to the applicant will not result in ruinous competition detrimental to the existing operator and incompatible with the investment policies under this Executive Order.
6. Leasing or Sub-leasing of Excess Capacity (Section 6)
- A CATV operator may, with prior approval from the NTC, lease or sub-lease any excess capacity of its CATV system to a third party.
7. Distribution of Encoded Satellite Program Signals (Section 7)
- Receipt and distribution of encoded satellite program signals shall be limited to the written authority granted by the satellite programmer.
8. Implementation and Enforcement (Section 8)
- The NTC is directed to ensure the proper implementation of this Executive Order, adopt rules and regulations, and impose appropriate penalties, including administrative fines, penalties, and sanctions, in case of violation.
9. Repeal of Inconsistent Issuances (Section 9)
- All executive orders, administrative orders, and other issuances inconsistent with this Executive Order are hereby repealed, modified, or amended accordingly.
10. Effectivity (Section 10)
- This Executive Order shall take effect immediately upon approval.