NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
S. No.
SENATE
2064
23 ABR12 P3--32
RKCEIVEOBV.
Introduced by Senator Loren B. 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 aU citizens to 
quality education at aU 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 Hve-streamed classes in real-time. 
Whereas in asynchronous learning, prepared videos and instructional materials are
1 Article XIV, Section 1,1987 Constitution
2 Article XIV, Section 2,1987 Constitution


available for students to access anytime, thus participants need not be online at the 
same time.
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
OREN LEGARDA


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
Senate
of l\)S
23 ABR 12 P3 :32
SENATE
s.No. 2064
RECEIVED BY:
Introduced by Senator Loren B. 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. Title. - This Act shall be known as the "Spectrum Use for Distance
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Learning and Research and Development Act."
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Sec. 2. Scope and Application. - This Act shall provide for the utilization of unused
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Television (TV) and radio frequencies, as determined by the National Telecommunication
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Commission (NTC), for the development of amateur TV and radio stations for
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educational and research and developmental purposes to be deployed in remote areas
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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 educational
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program in accordance with the curricula implemented by the Department of
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Education (DepEd) per educational level.
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(b) Amateur TV Station refers to a TV station that broadcasts an educational program
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in accordance with the curricula implemented by the DepEd per educational level.
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(c) Asynchronous classes refer to the modality of learning wherein teachers and
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students are not online at the same time. Here, teachers give instructions and


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reading materials to students who can work at their own pace without real-time
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interaction with their teachers.
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(d) Community LTE Network is a network that creates a mobile hotspot across several
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kilometers that connects to the internet by satellite.
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(e) Data Broadcasting is an undertaking the object of which is to transmit over-the-air
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commercial radio or television messages for the reception of a broad audience in
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a geographic area.
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(f) Distance Leammg refers to a learning deHvery mode where learning takes place
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between the teacher and the learners who are geographically remote from each
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other during instruction.
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(g) Franchise is a privilege conferred upon a telecommunications entity by Congress,
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authorizing that entity to engage in a certain type of communication service.
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(h) Information Communications Technology is the technology used to handle
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communication processes including telecommunications.
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(i) Long Term Evolution (LTE) Netivork is a standard for wireless broadband
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communication for mobile devices and data terminals.
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(j) Reallocation refers to re-entry into the national TV and radio frequency allocation
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of a given frequency band for the repurpose of its use by one or more
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telecommimication services.
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(k) Research and Development (R&D) is a systematic and creative work undertaken in
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the physical, natural, mathematical, agricultural, and applied sciences by using
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methods to increase the stock of knowledge and the use of this knowledge in these
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fields to devise new applications.
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(1) Spectrum refers to TV and radio frequencies that enable telecommunication entities
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to provide services to the public, such as mobile telephony and access to the
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internet, among others.
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(m) Synchronous classes refer to the modality of learning that happens in real-time using
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video conferencing tools.
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(n) Telecommunication refers to any process that enables a telecommunication entity to
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relay and receive voice, data, electronic messages, written or printed matter, mixed


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or moving pictures, words, music, visible or audible signals, or any control signals 
of any design and for any purpose by wire, radio, or other electromagnetic, 
spectral, optical, or technological means.
(o) Telecommunication Entity refers to any person, firm, partnership, or corporation, 
whether government or private, engaged in the provision of telecommunication 
services to the public for compensation.
(p) UHF Spectrum is an abbreviation of ultrahigh frequency. This is used extensively 
in television broadcasting.
(q) Unassigned and Unallocated Spectrum are spectrums not being utilized by 
telecommunication entities for their services.
(r) White Space refers to the vacant frequencies located between broadcast TV channels 
on the UHF.
Sec. 4. Development Objectives and Strategies - To ensure efficient spectrum use, the 
State shall:
(a) Develop amateur TV and radio stations for educational and research and 
development purposes.
(b) Develop an educational program to be demonstrated in amateur TV and radio 
stations that will be deployed in remote regions with limited to no internet 
accessibility.
(c) Determine remote regions in the Philippines that have limited and no internet 
accessibility.
(d) Improve internet accessibility in remote areas in the Philippines.
(e) Promote distance learning in response to the COVID-19 pandemic and other 
emergencies.
(f) Set up a Community Long Term Evolution (LTE) Network in Department of 
Education (DepEd) priority areas.
(g) Ensure promotion, adequate protection, and more efficient use and assignment of 
TV and Radio frequencies.


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(h) Ensure digital inclusivity by taking into consideration the needs of formal and 
informal sectors such as, but not Umited to, indigenous peoples, individuals 
located in geographically isolated and disadvantaged areas, and other sectors in 
designing programs, activities, and projects that further bridge the digital divide 
pursuant to this Act.
(i) Consult and collaborate with stakeholders in government and private sectors, 
particularly those in the telecommunication industry for the formulation and 
implementation of policies, programs, activities, and projects relative to unused 
frequencies.
Sec. 5. Creation of Amateur TV and Radio Stations. - The Department of Science and 
Technology (DOST) shall spearhead the development of amateur TV and radio stations 
from the result of research and development programs and projects related to spectrum 
use.
The TV and radio stations wiQ be used for broadcasting an educational program 
to remote areas as determined by the National Telecommunications Commission (NTC) 
to have limited or no internet accessibitity based on the result of the ICT survey 
conducted by the Department of Information Communications Technology (DICT).
Sec. 6. Legislative Franchise Exemption. - The development of TV and radio stations 
shall not require a legislative franchise, in tine with the exception provided in Section 1 
of Act No. 3846, otherwise known as "An Act Providing for the Regulation of Public and 
Radio Communications in the Phihppines and for Other Purposes." A Certificate of 
Public Convenience (CPC) shall suffice for the operation of the TV and radio stations, 
which shall be issued by the National Telecommunications Commission (NTC) upon 
compliance of the applicant with the requirements imposed by the Commission.
Sec. 7. National Information Communications Technology Household Survey - The 
survey shall be conducted nationwide once a year by the Department of Information and 
Communications Technology (DICE) to assess the current Information Communications 
Technology (ICT) status of the country in terms of the number of households that have 
access to the internet, radio, and television, among others. The DICT shall cooperate with 
Local Government Units (LGUs), Higher Education Institutions (HEIs), communities.


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and other relevant sectors for easier dissemination of surveys and a more accurate 
evaluation of the country's Id status.
Sec. 8. Review of Spectrum Management Policies - TTie Department of Information 
and Communications Technology (DICI) shall evaluate the adoption and 
implementation of existing spectrum management poHcies to determine the progress of 
the ICT status of the country. The DICT shall submit a recommendation for the 
amendment or repeal of the said policies to better promote the public interest.
Sec. 9. Determination of Remote Areas - The results of the National Information 
Communications Technology Household Survey and the assessment of existing 
spectrum management pohdes by the DICT shaU be forwarded to the National 
Telecommunications Commission (NTC) to serve as a reference in ascertaining which 
areas or regions need reallocation of spectmms from telecommunication companies. It 
shall also serve as a basis for determining the need for continued or expanded utilization 
of unassigned and unused spectrums.
Sec. 10. Report on Use of Spectrum by Telecommunication Entities - The NTC shall 
release a list of relevant public telecommunication entities yearly. All telecommunication 
entities listed shall submit to the NTC a report showing their allocation and utilization 
of TV and radio frequencies. This is to determine if there are unutiUzed TV and radio 
frequencies that may be used for the deployment of amateur TV and radio stations in 
lieu of promoting distance learning and for the attainment of the other objectives of this 
Act, subject to the procedures to be prescribed by the NTC.
Sec. 11. Spectrum Reallocation Plan - Based on the NTC's assessment of the report 
submitted by the telecommunication companies, it shall allow the reallocation of unused 
and idle spectrum for the deployment of amateur TV and radio stations. The 
Commissioner of the NTC, the Secretary of the DICT, the Secretary of the DOST, and 
representatives from the telecommimications sector shall meet annually to develop 
and/or update the spectrum reallocation plan concerning the following matters, among 
others:
(a) Duly registered telecommunication companies with their unassigned or unused
spectrums;


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(b) ICT status of the Philippines in determining the need for continued or expanded
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utilization of unassigned or unused spectrums in the identified remote areas or
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regions; and
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(c) Assessment of the amateur TV and radio stations and their impact in remote areas
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in terms of the quality of education in distant learning.
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Sec. 12. Setting Up of Community LTE Networks - In such areas where spectnun
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availability is scarce due to a lack of ICT infrastructures, the DOST shall coordinate with
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the DICT, LGUs, and other responsible government agencies in establishing Community
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LTE Networks. The Community LTE Networks shall enable communities in remote
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areas outside the reach of cable, fiber, and cellular networks to gain access to the Internet
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by satellite. Subject to the rules and regulations of the NTC, the DOST may adopt its
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LokalLTE program out of the result of its research and development projects related to
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spectrum use.
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Sec. 13. Educational Program - The DOST shall coordinate with the Department of
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Education (DepEd) and the Commission on Higher Education (CHED) in obtaining the
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school curricula per educational level as these will be the basis for the educational
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program to be broadcasted in the TV and radio stations deployed in remote areas with
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limited or no internet accessibility.
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Sec. 14. Inter-Agency Task Force for the Reallocation of Unused Spectrum - There is
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hereby organized an Inter-Agency Task Force mandated to ensure the realization of the
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aforementioned objectives of this Act. The Inter-agency Task Force shall be Chaired by
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the Department of Information and Communication Technology (DICT) and shall be
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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 Telecommimications Commission (NTC); and
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e. Department of Interior and Local Government (DILG).


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Sec. 15. Intellectual Property Rights - The educational program to be aired on 
amateur TV and radio stations shall be protected by the Intellectual Property Code, its 
implementing rules and regulations, and other applicable Philippine laws.
Sec. 16. Data Privacy - All personal information gathered and collected through 
the use of any of the instruments provided for by this Act shall be treated with 
confidentiality and shall be protected by the Data Privacy Act of 2012.
Sec. 17. Penalty Clause - Non-compliance to the Spectrum Reallocation Plan or any 
of the provisions of this Act by any telecommunication entity shall result in revocation 
of the latter's license.
Sec. 18. Implementing Rules and Regulations. - Within sixty (60) days from the 
effectivity of this Act, the National Telecommunications Commission as the lead agency, 
together with the Department of Information and Communications Technology, 
Department of Science and Technology, and representatives from the 
telecommimications and other concerned sectors shall promulgate the necessary rules 
and regulations for the effective implementation of the provisions of this Act.
Sec. 19. Funding - The amount necessary for the implementation of the provision 
of this Act shall be included in the General Appropriation Act for the year following the 
approval of this Act. The DOST through its Grant-In-Aid (GIA) program, together with 
other government agencies and instrumentalities with available resources may allocate 
initial funding to support the development of Community LTE Networks, TV and radio 
stations, and the educational program to be deployed in said stations.
Sec. 20. Separability Clause. - If any provision of this Act is declared 
unconstitutional or invalid by a court of competent jxuisdiction, the remaining 
provisions not affected thereby shall continue to be in full force and effect.
Sec. 21. Repealing Clause. - Any law, presidential decree, issuance, executive order, 
letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
with the provisions of this Act is hereby repealed, modified, or amended accordingly.


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Sec. 22. Ejfectivity. - This Act shall take effect fifteen (15) days after its publication
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m the Ojfidal Gazette or in any two (2) newspapers of general circulation in the
Philippines.
Approved,