ECELAW (EO 205, 255, 436)

49
ECELAW REPORT Katherine Rose Pablo

Transcript of ECELAW (EO 205, 255, 436)

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ECELAW REPORTKatherine Rose Pablo

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EXECUTIVE ORDER NO. 205

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Regulating the Operation of Cable Antenna television

(CATV)Systems in the

Philippines, and for Other Purposes

EXECUTIVE ORDER NO. 205

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EXECUTIVE ORDER NO. 205

•Protection of the public and promotion of general welfare•Monopolies in commercial mass media shall be regulated

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EXECUTIVE ORDER NO. 205

•Corazon Aquino•June 30, 1987•City of Manila

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EXECUTIVE ORDER NO. 205

SECTION 1•The operation of CATV system in the Philippines shall be open to all citizens of the Philippines, or to corporations, cooperatives or associations under a Certificate of Authority granted by the NTC, hereinafter referred to as the Commission.

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EXECUTIVE ORDER NO. 205

SECTION 2•A Certificate of Authority to operate CATV system shall be granted by the Commission on a non-exclusive basis and for a period not to exceed fifteen (15) years, renewable for another similar period: Provided, That such certificate shall be subject to the limitation that the authority to operate shall not infringe on the television and broadcast markets.

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EXECUTIVE ORDER NO. 205

SECTION 3•Subject to the limitations and procedures prescribed by law, the grantee is hereby authorized to exercise the right of eminent domain for the efficient maintenance and operation of Cable Antenna Television (CATV) system.

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EMINENT DOMAIN•is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent

EXECUTIVE ORDER NO. 205

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SECTION 4•A special right is hereby reserved to the President of the Philippines, in times of war, rebellion, public peril or other national emergency and/or when public safety requires, to cause the closure of any grantee's CATV system or to authorize the use or possession thereof by the government without compensation.

EXECUTIVE ORDER NO. 205

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EXECUTIVE ORDER NO. 205

SECTION 5•The grantee shall pay the income tax levied under Title II of the National Internal Revenue Code, as amended, and a franchise tax equivalent to three per centum (3%) of all gross receipts from business transacted under the Certificate of Authority.

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EXECUTIVE ORDER NO. 205

SECTION 6•The National Telecommunications Commission is hereby authorized to issue the necessary rules and regulations to implement this Executive Order.

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EXECUTIVE ORDER NO. 205

SECTION 7•Presidential Decree No. 1512 dated June 11, 1978 and all laws, orders, issuances and rules and regulations or parts thereof inconsistent with this Executive Order are hereby repealed or modified accordingly.

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EXECUTIVE ORDER NO. 205

SECTION 8

•This Executive Order shall take effect immediately.

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EXECUTIVE ORDER NO. 436

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EXECUTIVE ORDER NO. 436

Prescribing Policy guidelines to govern

the operations of Cable television in

the Philippines

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EXECUTIVE ORDER NO. 436

•the State recognizes the vital role of communication and information in nation-building•Filipino people must be given wider access to more sources of television programs

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EXECUTIVE ORDER NO. 436

•CATV systems could supplement the services provided by television broadcast facilities as the national information highway to the countryside•there is an urgent need to maximize the development of the cable television industry and to provide incentives and afford protection to investments

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EXECUTIVE ORDER NO. 436

•professionalism and self-regulation among existing operators have enhanced the growth of the cable television industry and must therefore be maintained along with minimal reasonable government regulations

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EXECUTIVE ORDER NO. 436

•Fidel V. Ramos•September 9, 1997•City of Manila

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EXECUTIVE ORDER NO. 436

SECTION 1•The operation of cable television systems, as a subscriber service undertaking with a unique technology, shall be maintained separate and distinct from telecommunications or broadcast television.

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EXECUTIVE ORDER NO. 436

SECTION 2•The regulation and supervision of the cable television industry in the Philippines shall remain vested solely with the National Telecommunications Commission (NTC).

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EXECUTIVE ORDER NO. 436

SECTION 3•Only persons, associations, partnerships, corporations or cooperatives granted a Provisional Authority or Certificate of Authority by the Commission may install, operate and maintain a cable television system or render cable television service within a service area.

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EXECUTIVE ORDER NO. 436

SECTION 4•Local exchange operators and/or broadcasters shall not operate CATV systems without specific permits, licenses and/or authority to operate a cable television system as provided hereunder and under applicable laws and rules and regulations.

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EXECUTIVE ORDER NO. 436

SECTION 5•The Commission may grant an applicant an authority to operate a cable television system within the same franchise area covered by any Provisional Authority or Certificate of Authority issued by the Commission two (2) years earlier only upon the determination by the Commission that:

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EXECUTIVE ORDER NO. 436

a)the prior cable television operator has not, without sufficient justification, substantially complied with the terms and condition of his authorization;

b)the cable television service currently provided by the operator to its subscriber is grossly inadequate; and

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c)the grant of the 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.

EXECUTIVE ORDER NO. 436

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EXECUTIVE ORDER NO. 436

SECTION 6•A cable television operator may, with prior approval from the Commission, lease or sub-lease any excess capacity of its cable television system to a third party.

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EXECUTIVE ORDER NO. 436

SECTION 7•Receipt and distribution encoded satellite program signals shall be limited to the written authority granted by the satellite programmer.

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EXECUTIVE ORDER NO. 436

SECTION 8• The Commission is hereby directed to ensure the proper implementation of this Executive Order, adopt rules and regulations for the purpose and, after due notice and hearing, impose the appropriate penalties in case of violation of any of the provisions hereof and the applicable rules and regulations, including administrative fines, penalties and sanctions as may be allowed or prescribed by existing laws.

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EXECUTIVE ORDER NO. 436

SECTION 9•All executive orders, administrative orders and other issuances inconsistent herewith are hereby repealed, modified or amended accordingly.

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EXECUTIVE ORDER NO. 436

SECTION 10•This Executive Order shall take effect immediately upon approval hereof.

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EXECUTIVE ORDER NO. 255

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EXECUTIVE ORDER NO. 255

Requiring all Radio Stations with Musical format programs to

broadcast a minimum of four original Pilipino Musical Compositions in every clock hour and for

other purposes

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EXECUTIVE ORDER NO. 255

•programs with musical formats allot very limited playing time to original Pilipino music•to ensure the growth of the local music industry, the airplay of original Pilipino music in our radio stations must be increased

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EXECUTIVE ORDER NO. 255

•the State is constitutionally mandated to conserve, promote and popularize the nation's historical and cultural heritage and resources, as well as artistic creations, and to give patronage to arts and letters

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EXECUTIVE ORDER NO. 255

Corazon AquinoJuly 25, 1987City of Manila

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EXECUTIVE ORDER NO. 255

SECTION 1•All radio stations shall broadcast a minimum of four (4) original Pilipino musical compositions in every clock hour of a program with a musical format.

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EXECUTIVE ORDER NO. 255

ORIGINAL PILIPINO MUSIC COMPOSITION•any musical composition created by a Filipino, whether the lyrics be in Pilipino, English or in any other language or dialect

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EXECUTIVE ORDER NO. 255

SECTION 2•Any franchise holder or operator of a radio station which fails to broadcast the minimum number of original Pilipino musical compositions in every clock hour of a program with a musical format shall be fined in the amount of P100.00 per violation.

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EXECUTIVE ORDER NO. 255

SECTION 2•The National Telecommunications Commission may, after due hearing, suspend or cancel the Certificate of Registration and Authority to operate of any radio station in the event of repeated violations of this Executive Order or its implementing rules and regulations.

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EXECUTIVE ORDER NO. 255

SECTION 3•The National Telecommunications Commission shall promulgate the necessary rules and regulations to implement this Executive Order.

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EXECUTIVE ORDER NO. 255

SECTION 4•This Executive Order shall take effect immediately.

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QUIZ

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EXECUTIVE ORDER NO. 205

1. The use of CATV system is open to all provided that they have ________

granted by the NTC.

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EXECUTIVE ORDER NO. 205

2. _______ refers to an action of the state to

seize a citizen's rights in property with due

monetary compensation, but without the owner's

consent

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EXECUTIVE ORDER NO. 255

3. ______ is any musical composition created by a Filipino, whether the

lyrics be in Pilipino, English or in any other

language or dialect.

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EXECUTIVE ORDER NO. 436

4. Receipt and distribution encoded satellite program signals shall be limited to the written authority granted by the _________.

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EXECUTIVE ORDER NO. 436

5. Executive Order No. 436 was

signed by Fidel Ramos on _________.