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Executive Order No. 307 (2000)

Executive Order No. 307 (2000)

under NTC Memorandum Circular No. 3-3-96 —MC 3-3-96—), the allocation of radio frequencies is subject to (a) the periodic review of the NRFAT, (b) consultation with the industry and/or affected parties, (c) consistency with the International Table of Radio Frequency Allocation, and with national priorities, (d) customer demand and radio frequency planning studies, and (e) allocations reserved for customer access services, broadcast services, maritime, aeronautical and other safety services, mili

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Section 1

Institutionalizing, Radio Frequency Auctions

Section 1.

Institutionalizing, Radio Frequency Auctions. —The radio frequency spectrum, including 3G radio frequency spectrum, and other parts of the radio frequency spectrum not yet allocated at the time of this order—s effectivity, shall be allocated through auction, subject to the terms and conditions as approved by the Joint Committee formed herewith.

Section 2

Formation of a Joint Committee

Section 2.

Formation of a Joint Committee. —A three-member committee is hereby created to promulgate guidelines, as well as manage and supervise the allocation and auction of radio frequency spectra. The Committee shall be composed of the Commissioner of the National Telecommunications Commission (NTC), and shall have one member from the Department of Transportation and Communication (DOTC), and one from the Economic Coordinating Council (ECC).

Decisions of the Joint Committee shall be determined by a majority vote of its members.

Section 3

Powers and Functions of the Committee

Section 3.

Powers and Functions of the Committee. —For each set of spectrum auctions, the Joint Committee shall have the following functions and responsibilities:

a) Within sixty (60) days from the effectivity of this order, promulgate bidding guidelines that will cover, among others, the following concerns:

i) designate the actual frequencies of the license to be auctioned off

ii) prescribe the terms and conditions of each license, including the obligation to provide local exchange carrier service or its equivalent, as well as the number of years for which the license is granted

iii) set the indicative or floor price for each license

iv) instruct on the use or transfer of the auction proceeds

b) formulate the rules and regulations governing the allocation of new radio frequencies

c) manage and supervise the frequency auction process to be conducted

d) contract the services of financial and/or technical advisers of proven expertise in the allocation of radio spectrum frequencies

e) if necessary, create a working committee and/or secretariat that will facilitate the tasks of the Committee.

Section 4

Implementation

Section 4.

Implementation. —The NTC, the DOTC, the ECC and other appropriate government instrumentalities are hereby directed to take all the necessary steps to implement the purposes and objectives of this Executive Order.

Section 5

Repealing Clause

Section 5.

Repealing Clause. —All executive orders, administrative orders, and other executive issuances, including Memorandum Circulars from the National Telecommunications Commission, inconsistent with this order are hereby repealed, modified, or amended accordingly.

Section 6

Effectivity Clause

Section 6.

Effectivity Clause. —This order shall take effect immediately.

DONE in the City of Manila, this 31st day of October in the Year of our Lord, Two Thousand.

(Sgd.) JOSEPH EJERCITO ESTRADA

By the President:

(Sgd.) RONALDO B. ZAMORA Executive Secretary