TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S. No.
'93
Senate
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25 ftUG-4 P1--14
Rf.CClVt02>-.
Introduced by Senator Loren Legarda
AN ACT
FOR THE REALLOCATION OF UNUSED SPECTRUM FOR DISTANCE 
LEARNING, RESEARCH AND DEVELOPMENT, AND OTHER PURPOSES, 
APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
It is the policy of the State to protect and promote the right of all citizens to 
quality education at all levels and shall take appropriate steps to make such education 
accessible to all.1 The State shall establish, maintain, and support a complete, 
adequate, and integrated system of education relevant to the needs of the people and 
society.2
The COVID-19 pandemic has revolutionized the education system in the 
Philippines. The inability of teachers to conduct face-to-face classes due to restrictive 
community quarantine protocols and the potential health and safety risks have paved 
the way for remote learning as an alternative mode of education.
With the adoption of remote learning, classes were conducted through 
synchronous and/or asynchronous learning. In both synchronous learning and 
asynchronous learning, students from anywhere can attend classes. In synchronous 
online learning, students are required to attend live-streamed classes in real-time. 
Whereas in asynchronous learning, prepared videos and instructional materials are 
available for students to access anytime, thus participants need not be online at the 
same time.
1 Article XIV, Section 1, 1987 Constitution
2 Article XIV, Section 2, 1987 Constitution


To provide wider access to education, the use of unutilized TV and radio 
frequencies in creating integrated amateur television and radio stations should be 
maximized to broadcast educational programs that can reach remote areas in the 
country or areas without or with limited internet accessibility.
In this regard, this bill seeks to utilize unused TV and radio frequencies, as 
determined by the National Telecommunication Commission (NTC), for the 
development of amateur TV and radio stations which shall serve as platforms for 
broadcasting educational programs in accordance with the curricula approved by the 
Department of Education per educational level.
In view of the foregoing, the passage of this bill is earnestly sought.
N LEGARDA


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
793
g-ra Senate
of tijf
25 AUG-4 Pl:14
RfCEIVnOBV
S. No.
Introduced by Senator Loren Legarda
AN ACT
FOR THE REALLOCATION OF UNUSED SPECTRUM FOR DISTANCE 
LEARNING, RESEARCH AND DEVELOPMENT, AND OTHER PURPOSES, 
APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Short Title. - This Act shall be known as the "Spectrum Use for
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Distance Learning and Research and Development Act."
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Sec. 2. Scope and Application. - This Act shall provide for the utilization of
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unused Television (TV) and radio frequencies, as determined by the National
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Telecommunication Commission (NTC), for the development of amateur TV and radio
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stations for educational and research and developmental purposes to be deployed in
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remote areas with limited or no internet accessibility.
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Sec. 3. Definition of Terms. - As used in this Act:
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a) Amateur Radio Station refers to a radio station that broadcasts an
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educational program in accordance with the curricula implemented by
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the Department of Education (DepEd) per educational level;
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b) Amateur TV Station refers to a TV station that broadcasts an educational
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program in accordance with the curricula implemented by the DepEd per
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educational level;
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c) Asynchronous classes refer to the modality of learning wherein teachers
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and students are not online at the same time. Here, teachers give
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instructions and reading materials to students who can work at their own
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pace without real-time interaction with their teachers;
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d) Community LTE Network is a network that creates a mobile hotspot 
across several kilometers that connects to the internet by satellite;
e) Data Broadcasting is an undertaking the object of which is to transmit 
over-the-air commercial radio or television messages for the reception 
of a broad audience in a geographic area;
f) Distance Learning refers to a learning delivery mode where learning 
takes place between the teacher and the learners who are 
geographically remote from each other during instruction;
g) Franchise is a privilege conferred upon a telecommunications entity by 
Congress, authorizing that entity to engage in a certain type of 
communication service;
h) Information Communications Technoiogy is the technology used to 
handle communication processes including telecommunications;
i) Long Term Evoiution (L TE) Network\s a standard for wireless broadband 
communication for mobile devices and data terminals;
j) Reallocation refers to re-entry into the national TV and radio frequency 
allocation of a given frequency band for the repurpose of its use by one 
or more telecommunication services;
k) Research and Development (R&D) is a systematic and creative work 
undertaken in the physical, natural, mathematical, agricultural, and 
applied sciences by using methods to increase the stock of knowledge 
and the use of this knowledge in these fields to devise new applications;
l) Spectrum refers to TV and radio frequencies that enable 
telecommunication entities to provide services to the public, such as 
mobile telephony and access to the internet, among others;
m) Synchronous classes refer to the modality of learning that happens in 
real-time using video conferencing tools;
n) Telecommunication refers to 
any process that enables a
telecommunication entity to relay and receive voice, data, electronic 
messages, written or printed matter, mixed or moving pictures, words, 
music, visible or audible signals, or any control signals of any design and


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for any purpose by wire, radio, or other electromagnetic, spectral,
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optical, or technological means;
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o) Telecommunication Entity refers to any person, firm, partnership, or
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corporation, whether government or private, engaged in the provision
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of telecommunication services to the public for compensation;
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p) UHF Spectrum is an abbreviation of ultrahigh frequency. This is used
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extensively in television broadcasting;
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q) Unassigned and Unallocated Spectrum are spectrums not being utilized
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by telecommunication entities for their services; and
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r) White Space refers to the vacant frequencies located between broadcast
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TV channels on the UHF.
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Sec. 4. Development Objectives and Strategies - To ensure efficient spectrum
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use, the State shall:
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(a) Develop amateur TV and radio stations for educational and research and
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development purposes;
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(b) Develop an educational program to be demonstrated in amateur TV and
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radio stations that will be deployed in remote regions with limited to no
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internet accessibility;
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(c) Determine remote regions in the Philippines that have limited and no
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internet accessibility;
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(d) Improve internet accessibility in remote areas in the Philippines;
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(e) Promote distance learning in response to the COVID-19 pandemic and
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other emergencies;
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(f) Set up a Community Long Term Evolution (LTE) Network in Department
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of Education (DepEd) priority areas;
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(g) Ensure promotion, adequate protection, and more efficient use and
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assignment of TV and Radio frequencies;
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(h) Ensure digital inclusivity by taking into consideration the needs of formal
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and informal sectors such as, but not limited to, indigenous peoples,
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individuals located in geographically isolated and disadvantaged areas,
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and other sectors in designing programs, activities, and projects that
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further bridge the digital divide pursuant to this Act; and


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(i) Consult and collaborate with stakeholders in government and private
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sectors, particularly those in the telecommunication industry for the
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formulation and implementation of policies, programs, activities, and
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projects relative to unused frequencies.
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Sec. 5. Creation of Amateur TV and Radio Stations. - The Department of
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Science and Technology (DOST) shall spearhead the development of amateur TV and
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radio stations from the result of research and development programs and projects
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related to spectrum use.
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The TV and radio stations will be used for broadcasting an educational program
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to remote areas as determined by the National Telecommunications Commission
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(NTC) to have limited or no internet accessibility based on the result of the ICT survey
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conducted by the Department of Information Communications Technology (DICT).
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Sec. 6. Legislative Franchise Exemption. - The development of TV and radio
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stations shall not require a legislative franchise, in line with the exception provided in
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Section 1 of Act No. 3846, otherwise known as "An Act Providing for the Regulation
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of Public and Radio Communications in the Philippines and for Other Purposes." A
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Certificate of Public Convenience (CPC) shall suffice for the operation of the TV and
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radio stations, which shall be issued by the National Telecommunications Commission
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(NTC) upon compliance of the applicant with the requirements imposed by the
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Commission.
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Sec. 7. National Information Communications Technology Household Survey -
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The survey shall be conducted nationwide once a year by the Department of
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Information and Communications Technology (DICT) to assess the current
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Information Communications Technology (ICT) status of the country in terms of the
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number of households that have access to the internet, radio, and television, among
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others. The DICT shall cooperate with Local Government Units (LGUs), Higher
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Education Institutions (HEIs), communities, and other relevant sectors for easier
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dissemination of surveys and a more accurate evaluation of the country's ICT status.
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Sec. 8. Review of Spectrum Management Policies - The Department of
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Information and Communications Technology (DICT) shall evaluate the adoption and
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implementation of existing spectrum management policies to determine the progress


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of the ICT status of the country. The DICT shall submit a recommendation for the
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amendment or repeal of the said policies to better promote the public interest.
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Sec. 9. Determination of Remote Areas - The results of the National
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Information Communications Technology Household Survey and the assessment of
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existing spectrum management policies by the DICT shall be forwarded to the
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National Telecommunications Commission (NTC) to serve as a reference in
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ascertaining which areas or regions need reallocation of spectrums from
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telecommunication companies. It shall also serve as a basis for determining the need
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for continued or expanded utilization of unassigned and unused spectrums.
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Sec. 10. Report on Use of Spectrum by Telecommunication Entities- The NTC
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shall release a list of relevant public telecommunication entities yearly. All
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telecommunication entities listed shall submit to the NTC a report showing their
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allocation and utilization of TV and radio frequencies. This is to determine if there are
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unutilized TV and radio frequencies that may be used for the deployment of amateur
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TV and radio stations in lieu of promoting distance learning and for the attainment of
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the other objectives of this Act, subject to the procedures to be prescribed by the
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NTC.
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Sec. 11. Spectrum Reallocation Rian - Based on the NTC's assessment of the
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report submitted by the telecommunication companies, it shall allow the reallocation
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of unused and idle spectrum for the deployment of amateur TV and radio stations.
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The Commissioner of the NTC, the Secretary of the DICT, the Secretary of the DOST,
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and representatives from the telecommunications sector shall meet annually to
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develop and/or update the spectrum reallocation plan concerning the following
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matters, among others:
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(a) Duly registered telecommunication companies with their unassigned or
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unused spectrums;
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(b) ICT status of the Philippines in determining the need for continued or
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expanded utilization of unassigned or unused spectrums in the identified
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remote areas or regions; and
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(c) Assessment of the amateur TV and radio stations and their impact in
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remote areas in terms of the quality of education in distant learning.


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Sec. 12. Setting Up of Community LIE Networks - In such areas where
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spectrum availability is scarce due to a lack of ICT infrastructures, the DOST shall
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coordinate with the DICT, LGUs, and other responsible government agencies in
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establishing Community LTE Networks. The Community LTE Networks shall enable
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communities in remote areas outside the reach of cable, fiber, and cellular networks
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to gain access to the Internet by satellite. Subject to the rules and regulations of the
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NTC, the DOST may adopt its LokalLTE program out of the result of its research and
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development projects related to spectrum use.
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Sec. 13. Educationai Program - The DOST shall coordinate with the
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Department of Education (DepEd) and the Commission on Higher Education (CHED)
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in obtaining the school curricula per educational level as these will be the basis for
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the educational program to be broadcasted in the TV and radio stations deployed in
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remote areas with limited or no internet accessibility.
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Sec. 14. Inter-Agency Task Force for the Reaiiocation of Unused Spectrum -
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There is hereby organized an Inter-Agency Task Force mandated to ensure the
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realization of the aforementioned objectives of this Act. The Inter-agency Task Force
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shall be Chaired by the Department of Information and Communication Technology
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(DICT) and shall be composed of the following government agencies as members:
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a. Department of Science and Technology (DOST);
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b. Department of Education (DepEd);
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c. Commission on Higher Education (CHED);
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d. National Telecommunications Commission (NTC); and
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e. Department of Interior and Local Government (DILG).
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Sec. 15. Inteiiectuai Property Rights - The educational program to be aired on
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amateur TV and radio stations shall be protected by the Intellectual Property Code,
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its implementing rules and regulations, and other applicable Philippine laws.
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Sec. 16. Data Privacy-iKW personal information gathered and collected through
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the use of any of the instruments provided for by this Act shall be treated with
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confidentiality and shall be protected by the Data Privacy Act of 2012.
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Sec. 17. Penaity Clause - Non-compliance to the Spectrum Reallocation Plan or
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any of the provisions of this Act by any telecommunication entity shall result in
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revocation of the latter's license.


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Sec. 18. Implementing Rules and Regulations. - Within sixty (60) days from
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the effectivity of this Act, the National Telecommunications Commission as the lead
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agency, together with the Department of Information and Communications
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Technology, Department of Science and Technology, and representatives from the
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telecommunications and other concerned sectors shall promulgate the necessary rules
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and regulations for the effective implementation of the provisions of this Act.
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Sec. 19. Funding - The amount necessary for the implementation of the
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provision of this Act shall be included in the General Appropriation Act for the year
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following the approval of this Act. The DOST through its Grant-In-Aid (GIA) program,
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together with other government agencies and instrumentalities with available
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resources may allocate initial funding to support the development of Community LTE
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Networks, TV and radio stations, and the educational program to be deployed in said
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stations.
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Sec. 20. Separability Clause. - If any provision of this Act is declared
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unconstitutional or invalid by a court of competent jurisdiction, the remaining
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provisions not affected thereby shall continue to be in full force and effect.
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Sec. 21. Repealing Clause. - Any law, presidential decree, issuance, executive
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order, letter of instruction, administrative order, rule, or regulation contrary to or
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inconsistent with the provisions of this Act is hereby repealed, modified, or amended
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accordingly.
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Sec. 22. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in any two (2) newspapers of general circulation
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in the Philippines.
Approved,