1 
NINETEENTH CONGRESS 
 
 
) 
OF THE REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session  
 
 
 
) 
HOUSE OF REPRESENTATIVES 
House Bill No. ___ 
Introduced by Representative Christian Tell  A. Yap 
EXPLANATORY NOTE  
Spectrum management is the assignment, allocation, and general administration of the 
radio frequency spectrum used for telecommunication. The National Telecommunications 
Commissions (NTC) is mandated to regulate the spectrum with the public interest in mind. As a 
scarce resource, the NTC is mandated to regulate the spectrum by granting permits and licenses 
for service providers such as telecommunications companies (telcos) to meet public consumer 
demand. 
However, the assignment, review and allocation of spectrum frequencies are not without 
controversies due to the lack of transparency and due process in its assignment and allocation. 
Furthermore, seeming competition issues arise when larger telcos are granted licenses more 
frequently with less consideration for smaller and new telcos as service providers. 
The maximization of the frequency spectrum is more significant than ever due to the 
growing demand for IT services exacerbated by the COVID-19 pandemic and the boom in the 
digital industry. The government then through Congress, NTC, and the DICT must craft the most 
appropriate policies in balancing the interests of consumers and service providers in spectrum 
management in order to provide the best IT services and promote the digital economy. 
This bill seeks to ensure the proper, efficient and equitable distribution of frequency 
spectrum by mandating the NTC to make the spectrum allocation, assignment, reclassification, 
recall and re-assignment transparent in order to protect the rights and general interest of 
consumers.  
In view of the foregoing reasons, the approval of the bill is earnestly sought. 
  CHRISTIAN TELL A. YAP 
        Representative, 2nd District of Tarlac 
July 1, 2022
11:56 am
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NINETEENTH CONGRESS 
) 
OF THE REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
HOUSE OF REPRESENTATIVES 
House Bill No. ___ 
Introduced by Representative Christian Tell  A. Yap 
AN ACT 
PROVIDING FOR POLICIES TO ENHANCE EFFICIENCY AND TRANSPARENCY IN 
THE ALLOCATION, ASSIGNMENT, AND MANAGEMENT OF THE RADIO 
FREQUENCY SPECTRUM  
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
     SECTION 1. Short Title. - This Act shall be known as the “Philippine Spectrum 
1 
Management Act.” 
2 
3 
     SEC. 2. Declaration of Policy. - The radio frequency spectrum is a scarce public resource that 
4 
shall be administered in the public interest and in accordance with international agreements and 
5 
conventions to which the Philippines is a party. To this end 
6 
a) The government shall allocate the radio frequency spectrum to promote the adoption of
7 
appropriate technologies, an interference-free environment, best practices, and the highest
8 
service standards.
9 
b)
The government shall assign spectrum to service providers capable of efficiently and
10 
effectively using it to meet public demand for telecommunications and data transmission
11 
services.
12 
c)
The allocation and assignment of spectrum shall be done in a manner that promotes
13 
transparency, competition, and universal service.
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d)
The State recognizes that spectrum allocation and assignment bear significant economic
15 
impact on multiple sectors, and therefore the State shall institute in this Act a spectrum
16 
allocation and assignment process that is transparent and considers the inputs and needs
17 
of various stakeholders, and properly allocates amongst stakeholders the responsibility
18 
for spectrum management.
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e) The use of any portion of the radio frequency spectrum is a privilege conferred by the 
1 
State which may, after due process, be withdrawn any time when the greater good of the 
2 
public demands it. 
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4 
     SEC. 3. Objectives. - The objectives of this Act are as follows: 
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a) Encourage the development and rapid deployment of new technology and improvement 
6 
of service standards to make wireless services in the Philippines competitive and at par 
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with global standards; 
8 
b) Ensure better wireless telecommunications, broadcast, and data transmission services and 
9 
extend service coverage by preventing excessive concentration and consolidation of 
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spectrum licenses; 
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c) 
Recover a greater portion of the economic value of the radio frequency spectrum for 
12 
the public; 
13 
d) 
Promote more efficient and effective use of radio spectrum; and 
14 
e) 
Promote the entry and development of new players for telecommunications and data 
15 
services. 
16 
 
17 
     SEC. 4. Definition of Terms. - As used in this Act: 
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a)  Allocation refers to an entry in the National Radio Frequency Allocation Table (NRFAT) 
19 
of a given frequency band for the purpose of its use by one or more telecommunications 
20 
or data transmission services. 
21 
 
b)  Assignment  refers to an authorization given to a licensee to use specific frequencies or 
22 
channels. 
23 
c)  Block refers to a portion of the radio frequency spectrum allocated to a licensee pursuant 
24 
to this Act. 
25 
d) License refers to a license to be granted pursuant to this Act to establish or use a radio 
26 
base station or install or use radio base station apparatus in the Philippines at frequencies 
27 
comprising a portion or several portions of the radio frequency spectrum. 
28 
e)  Licensee refers to a natural or juridical person issued a license pursuant to this Act; and 
29 
f)  Material Interest refers to any interest, whether direct or indirect, in any share which 
30 
carries, or any shares which together carry, more than twenty-five percent (25%) of the 
31 
votes entitled to be cast at a general meeting of a licensee; or any share or shares in the 
32 
case where the consent of the holder of that share or those shares is required for the 
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conduct of any business of a licensee; or the right to appoint or remove a majority of a 
1 
licensee’s Board of Directors or Trustees. 
2 
 
3 
     SEC. 5. Mandate for Spectrum Management. - The function of radio spectrum management 
4 
shall be a joint undertaking of the Department of Information and Communications Technology 
5 
(DICT) for policy and planning aspects, and the National Telecommunications Commission 
6 
(NTC), for regulatory matters, in consultation with other key relevant government agencies and 
7 
concerned stakeholders. 
8 
a) 
Spectrum allocation and assignment shall be performed by the NTC strictly in 
9 
accordance with the recommendations of the Radio Frequency Consultative Committee 
10 
(RFCC) to be organized by the DICT. The RFCC shall be composed of: 
11 
  
1) The Secretary of the DICT. who shall also act as Chairman; 
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2) The Commissioner of the NTC; 
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3) The Commissioner of the Philippine Competition Commission (PCC); 
14 
 
4) The Secretary of the Department of Science and Technology (DOST) 
15 
 
5)  The National Security Adviser 
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6)  One representative each from the following private sector groups: 
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a1) Telecommunications entities’ associations; 
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a2) Broadcasters' associations; 
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a3) Cable TV operators' associations; and 
20 
                          a4) 
Telecommunications and data services consumer and advocacy groups. 
21 
The private sector groups shall nominate their representatives to the RFCC within forty-five 
22 
(45) days from the effectivity of this Act, and every two (2) years thereafter. The private sector 
23 
representatives shall be appointed by the President of the Philippines (Secretary of the DICT?) 
24 
for a term of two years. 
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b) Within sixty (60) days from the creation of the RFCC. the RFCC and the NTC shall 
26 
jointly promulgate a Memorandum Circular to cover the following: 
27 
1) The definition of, and criteria for determining, efficient and effective spectrum   
28 
use; 
29 
2) The procedure for: 
30 
a. review, allocation, assignment, recall, and re-assignment of the radio 
31 
spectrum, and the reclassification of spectrum from one classification to 
32 
another (i.e., broadcast to telecom, and vice versa) which shall incorporate 
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the Transparency Rule set forth in Section 6 of this Act; 
1 
b. determining license-exempt spectrum, spectrum-sharing techniques, and 
2 
dynamic spectrum access (DSA) bands; and 
3 
c. for determining the spectrum for review. 
4 
3) Appropriate measures to minimize the impact of recall and re-assignment on 
5 
active users of services utilizing the recalled or re-assigned spectrum 
6 
4) The procedure on how to calculate the reasonable spectrum users' fees and the  
7 
amount to be paid for the use of the spectrum 
8 
5) The determination of situations where the demand for a particular radio 
9 
frequency band exceeds availability and the manner by which spectrum shall 
10 
be subject to open tender in case the demand for a specific band of radio 
11 
frequencies exceeds availability. 
12 
c) The RFCC shall promote policies for the proper management of radio spectrum in order 
13 
to assure its availability for all existing and potential competitors in the market, for all 
14 
present and future telecommunications, data transmission, and broadcast services. 
15 
d) The DOST shall support the DICT and NTC in carrying out their spectrum management 
16 
functions by conducting spectrum monitoring, research, and analysis; 
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e) The NTC shall be responsible for other aspects of spectrum management, including: 
18 
1) Verification of the correct use of frequency assignment and of station 
19 
characteristics; 
20 
2) Spectrum monitoring, inspection, investigation and elimination of interference; 
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3) Gathering and reporting of data for quantitative estimation of spectrum 
22 
utilization factors such as ambient radio noise, emission parameters, and for 
23 
local and international reporting; 
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4) Promulgation of regulations for consumer protection against misuse of a 
25 
telecommunications entity's monopoly, quasi-monopolistic or oligopolistic 
26 
powers by investigation of complaints and exacting compliance with service 
27 
standards from such entity; 
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5) Recommendation to the RFCC of the allocation of spectrum for a particular 
29 
purpose or use, in accordance with the international conventions to which the 
30 
Philippines is a party; 
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6) In the exercise of its regulatory powers, impose fines against Pubic 
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Telecommunications Entities (PTEs), data transmission providers, and 
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broadcasting companies within the scope of its regulation, which are found to 
1 
have violated, violating or [those which] have failed or are failing to comply 
2 
with the terms and conditions of this Act. any certificate, or any order, decision, 
3 
regulation or required performance standards of the NTC. 
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5 
     SEC. 6. Transparency Policy. - The NTC shall make the spectrum allocation, assignment, 
6 
reclassification, recall, and re-assignment transparent in order to ensure that the rights of all 
7 
stakeholders are fully protected. 
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a) The NTC shall publish and make available in print and online formats the National Radio 
9 
Frequency Allocation Table (NRFAT), indicating therein the purpose or use to which 
10 
each frequency band is allocated. For frequency bands allocated for public use, the NTC 
11 
shall likewise make available in print and online formats the frequency band, frequency 
12 
range in each band, the services and/or technology the frequency band is used for, the 
13 
total assignable channels/bandwidth in a particular frequency band, the name of the 
14 
person and/or entity to whom each particular frequency is assigned, the bandwidth 
15 
assigned to a person and/or entity from a particular frequency band, as well as the date 
16 
each bandwidth assignment was made. The NRFAT and updated radio spectrum use 
17 
information shall be made available on the NTC's website and to any person who 
18 
requests the same, upon written request. The NRFAT shall be updated at least once every 
19 
quarter to reflect changes in allocation and assignments. 
20 
b) The NTC shall publish the results of the review of spectrum assignment and use on its 
21 
website. 
22 
c) The NTC shall be responsible for responding to Requests for Information (RFOIs) 
23 
relative to spectrum. The NTC shall be responsive and transparent in replying to RFOIs 
24 
on spectrum, including requests for information on spectrum assignments, which is 
25 
hereby declared as public information available to all. 
26 
d) All proposed allocation of spectrum, requests for new spectrum assignments, changes in 
27 
spectrum assignment, and requests for approval of spectrum co-use between entities, 
28 
whether initiated by an interested private party or by the NTC, shall be submitted to the 
29 
RFCC for its review and recommendation. All applications for such actions, including 
30 
those initiated by the NTC motu propio shall - 
31 
1) Be published in a newspaper of general circulation at least once a week for 
32 
three consecutive weeks 
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2) Posted in a publicly accessible place within the premises of the NTC. 
1 
3) Subjected to at least one (1) public hearing to be held within seven (7) days 
2 
from the completion of publication. 
3 
     Thereafter, the RFCC shall, within seven (7) days from the last public hearing, submit 
4 
its recommendation on the proposed action to the NTC, for the implementation of the 
5 
NTC. The NTC shall publish all decisions on spectrum permits, allocations, re-
6 
allocations, assignments, re-assignments, and co-use in a newspaper of general 
7 
circulation and in a prominent place within the premises of the NTC. The decision shall 
8 
become effective within 15 days from publication if no appeal is received therefrom. Any 
9 
appeal shall be addressed to the NTC Commission en banc, which shall dispose of the 
10 
same in a quasi-judicial proceeding. 
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The recall of frequency for purposes of free public use shall be given priority. 
12 
The immediately preceding paragraphs shall not apply to applications for frequency 
13 
assignments for fixed point-to-point radio links, Wi-Fi, and satellite networks, and 
14 
another spectrum declared to be license-exempt. 
15 
e) Any proposal of the NTC to reclassify, recall, and/or re-assign spectrum shall likewise be 
16 
published and subjected to public hearing by the NTC in the manner stated in Section 6 
17 
(c) above, and shall likewise require the recommendation of the RFCC, without prejudice 
18 
to the conduct of quasi-judicial recall proceedings where spectrum is being recalled from 
19 
a current assignee. 
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f) The NTC shall not issue a test or demonstration permit or allow joint use or co-use on a 
21 
spectrum assigned to an entity other than the applicant of the test, demonstration or co-
22 
use permit. The NTC shall require the applicant for a test, demonstration or co-use permit 
23 
on a spectrum assigned to another entity to submit the written consent of the spectrum’s 
24 
assignee on record. 
25 
g) The NTC shall promptly act on applications for permits to import equipment. Any 
26 
application for permit to import equipment that is not acted on by the NTC within seven 
27 
(7) days shall be deemed approved. 
28 
h) If the NTC finds, on its own initiative or upon complaint, that any right, license or radio 
29 
spectrum assignment to any entity has not been used despite the lapse of an initial 
30 
authorization, or is no longer in use. or is not being maximized by the user thereof, or that 
31 
the grantee has violated the provisions of this Act, it may, main propio or upon petition 
32 
by any person, and subject at all time to due process and securing the recommendation of 
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the RFCC, initiate the recall of the radio spectrum assignment of a Licensee. The NTC 
1 
shall, where required and appropriate, make provisions for substitute frequency to 
2 
address the needs of active users of the spectrum recalled from the data transmission 
3 
industry participant or PTE. 
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5 
     SEC. 7. Spectrum Management Plan. - The RFCC shall meet annually to develop a spectrum 
6 
management plan for the Philippines considering, among others: 
7 
a) Recommendations of the ITU and other bodies as required by international conventions 
8 
to which the Philippines is a part; 
9 
b) Public revenue generated from the radio frequency spectrum; 
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c) Future spectrum requirements for public and private use; 
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d) Spectrum allocation measures necessary to accommodate those uses; and 
12 
e) Measures necessary to promote the efficient use of spectrum and that the allocation, re-
13 
allocation, assignment, re-assignment, re-classification, joint use or co-use, and recall of 
14 
spectrum does not result in the concentration of spectrum resources which promote, 
15 
establish, or perpetuate the significant market power of PTEs or of only a limited number 
16 
of participants. 
17 
     The Secretary of the DICT and the Commissioner of the National NTC shall lead these 
18 
planning sessions and ensure that the spectrum management plan receives public exposure and 
19 
incorporates stakeholder input gathered through public hearings and consultations. 
20 
 
21 
     SEC. 8. National Security Review. - The National Security Adviser and/or the Department of 
22 
National Defense may, motu propio or upon petition by any person, initiate a review of any 
23 
allocation, re-allocation, assignment, re-assignment, re-classification, joint use or co-use, and 
24 
recall of spectrum for reasons of national security. The DND shall have a period of thirty (30) 
25 
working-days upon formal issuance of a notice of review to submit a petition for a review to the 
26 
RFCC, citing the reasons therefor. A review conducted for reasons of national security shall not 
27 
require publication and notice; however, any decision on the allocation, re-allocation, 
28 
assignment, re-assignment, re-classification, joint use or co-use, and recall shall be required to 
29 
undergo the same publication requirement in Section 6 above. 
30 
 
31 
     SEC. 9. Auctions. - The NTC and DICT shall establish a competitive bidding methodology 
32 
for the assignment of Blocks pursuant to this Act. This methodology shall include safeguards to 
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protect the public interest as well as measures to promote the stated objectives of this Act. Thus, 
1 
the NTC and DICT, with the recommendations of the RFCC. shall: 
2 
a)  Consider alternative payment schedules and methods of calculation, including lump sums or 
3 
guaranteed installment payments, with or without royalty payments, or other schedules or 
4 
methods that promote the objectives of this Act, and combinations of such schedules and 
5 
methods; 
6 
b)  Include performance requirements, such as appropriate deadlines and penalties for 
7 
performance failures, to ensure prompt delivery of services to the public, prevent stockpiling 
8 
or warehousing of spectrum, and promote investment in and rapid deployment of new 
9 
technologies and services; 
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c)  Prescribe methods for allocation and assignment that promote an equitable distribution of 
11 
licenses and services among geographical areas, economic opportunity for a wide variety of 
12 
applicants, including small businesses, and businesses owned by members of minority 
13 
groups and women, and investment in and rapid deployment of new technologies and 
14 
services; and 
15 
d)  Require such transfer disclosures and anti-trafficking restrictions and payment schedules as 
16 
may be necessary to prevent unjust enrichment as a result of the methods employed to issue 
17 
licenses. 
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     SEC. 10. Validity of Licenses for the Use of the Radio Frequency Spectrum. - 
20 
 
a) The allocation and assignment of spectrum, as embodied in the NRFAT, shall be subject 
21 
to annual review. The NRFAT shall be updated quarterly and published in a newspaper of 
22 
general circulation annually. 
23 
 
b) The NTC may allocate and assign spectrum either on a national or regional basis. 
24 
 
c) The NTC shall assign spectrum to qualified entities for an initial period of not more than 
25 
three (3) years from the date of assignment. On the last year of the initial three-year 
26 
period, the NTC shall review the assignment to determine if the assigned spectrum is 
27 
being optimally used, and renew or increase, upon the request of the grantee, decrease or 
28 
recall the same, as necessary. In the event the NTC finds that the assigned spectrum needs 
29 
to be decreased or recalled, it shall initiate recall proceedings. Subsequent renewals of 
30 
spectrum assignment shall be for periods of up to five (5) years. The NTC shall, on the 
31 
last year of every 5-year term, review the use of spectrum and take the necessary action to 
32 
ensure its optimal use. 
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 d) The NTC shall conduct an annual inspection of the facilities of all licensed holders of 
1 
spectrum to determine compliance with their provisional authorities. The inspection shall 
2 
include a n audit of the number of subscribers using the spectrum in order to determine if, 
3 
vis-a-vis the total amount of bandwidth held by the licensee for the use of spectrum for a 
4 
particular service, the spectrum is being used adequately, effectively, and efficiently. 
5 
Where the NTC finds that frequency is unused or under-utilized, it shall initiate the 
6 
appropriate show-cause and/or recall proceedings against the licensee. 
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     SEC..11. Prohibition on Sale, Lease, Transfer, Usufruct and Assignment. - A licensee shall 
9 
not lease, transfer, grant the usufruct of, sell, nor assign a License issued pursuant to this Act, or 
10 
the rights and privileges acquired there under, to any person, firm, company, corporation, or 
11 
other commercial or legal entity. 
12 
 
13 
     SEC.12. Mergers and Acquisitions. - A licensee shall not merge with any person, firm, 
14 
company, corporation or entity, nor shall a material interest in a licensee be transferred, whether 
15 
as a whole or in parts, and whether simultaneously or contemporaneously, to any such person, 
16 
firm, company, corporation or entity, without the prior approval of the RFCC, the NTC, and PCC 
17 
in separate proceedings in accordance with law. 
18 
 
19 
     SEC. 13. Efficient and Equitable Distribution of Spectrum. - 
20 
 
a) No entity or group of entities sharing a Material Interest in each other, may hold more 
21 
than 25% of the licensed radio frequency spectrum in any given band. 
22 
 
     b) Where the demand for a particular frequency exceeds supply, or the NTC deems it 
23 
necessary to introduce competition, the NTC shall conduct an open tender. It shall 
24 
define and determine the process for an open tender, taking into account the need to 
25 
grant new Provisional Authorities or CPCNs to new entrants, if any. 
26 
          c) The NTC shall not assign or re-assign any frequency that has been recalled or 
27 
voluntarily returned, either as a result of the NTC's annual inspection or review or the 
28 
transfer of assets of an entity to another entity due to sales or acquisition, or whose use 
29 
has been reclassified by the NTC from broadcast to telecommunications or vice-versa, 
30 
without either (i) going through the procedure stated in Sec. 6 of this Act, or (ii) being 
31 
made subject to open tender under Sec. 9. No co-use shall be authorized or permitted in 
32 
violation of this section. 
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          d) The NTC, in accordance with the recommendations of the RFCC, shall in accordance 
1 
with global best practice, issue rules and regulations governing shared spectrum use. 
2 
The NTC and the DICT shall likewise continuously explore and consider the adoption 
3 
and application of emerging spectrum management practices, such as dynamic spectrum 
4 
allocation, in order to make spectrum management more effective and efficient for the 
5 
benefit of consumers. 
6 
 
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     SEC. 14. Spectrum User Fees. - The use of spectrum shall be subject to reasonable spectrum 
8 
user fees, based on the use of the spectrum, the amount of spectrum used, the type of service 
9 
being offered, and the economic classification and geographic coverage or scope of the areas 
10 
covered by the stations licensed to use the spectrum. The NTC shall balance its revenue-raising 
11 
objectives for spectrum against the need to make spectrum accessible to as wide  a number of 
12 
industry participants as possible. It shall regularly publish the schedule of rates for spectrum. 
13 
 
14 
     SEC. 15. Obligations of a Licensee. - Every licensee shall be bound by the following 
15 
obligations: 
16 
 
a) Observe the spectrum caps stated in this Act; 
17 
 
b) Utilize assigned spectrum optimally to provide telecommunications, broadcast, and 
18 
data transmission services to the public; 
19 
 
c) Comply with this Act, its implementing rules and regulations, and all other applicable 
20 
administrative issuances; 
21 
                               d) Pay the lawful fees, charges, and taxes due the national government in connection  
22 
with licenses issued pursuant to this Act: and 
23 
                e) Obtain prior approval from the RFCC, NTC, and PCC prior to any merger, 
24 
acquisition, or transfer of material interest in a licensee. 
25 
 
26 
     SEC. 16. Implementing Rules and Regulations. - The Secretary of DICT, upon the 
27 
recommendation of the RFCC, NTC, PCC, DOST, and National Security Adviser, shall issue the 
28 
Implementing Rules and Regulations for the effective implementation of this Act, within sixty 
29 
(60) days from the approval thereof. 
30 
 
31 
 
SEC. 17. Separability Clause. - If any provision of this Act is declared unconstitutional or 
32 
invalid by a court of competent jurisdiction, the remaining provisions not affected thereby shall 
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continue to be in full force and effect. 
1 
 
2 
 
SEC. 18. Repealing Clause. - Republic Act 3846, as well as all other laws, decrees, 
3 
executive orders, department or memorandum orders and other administrative issuances or parts 
4 
thereof of which are inconsistent with the provisions of this Act, are hereby modified, 
5 
superseded, or repealed accordingly. 
6 
 
7 
 
SEC. 19. Effectivity. This Act shall take effect fifteen (15) days after its publication in the 
8 
Official Gazette or in a newspaper of general circulation. 
9 
 
 
Approved,