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Pursuant to the provisions of the Republic Act No. 3846 and Republic Act No. 3396 and Chapter IV Regulation 15 of the 1974 SOLAS convention, as amended, the following rules and regulations governing shore-based maintenance requirement for Philippine registered vessels are hereby promulgated:

1.0
Purpose

1.1       To adopt standards and set rules and regulations governing shore-based maintenance requirements and the establishments of Radio Repair Service centers in the Philippines.

1.2       To enable the National Telecommunications Commission to monitor/supervise all shore-based maintenance companies.

1.3       To accredit other shore-based maintenance companies and its service centers operating within and outside the country.

2.0
Definition of Terms Used

2.1       Radio Transmitter or Transceivers — A device capable of emitting radio waves or energy intended for transmission or/and reception of signal, messages or intelligence.

2.2       Global Maritime Distress Safety System (GMDSS) — A system that takes advantage of modern technology to ensure immediate alerting, fast distribution and effective communications especially during search and rescue operations. It utilizes satellite and radio systems to ensure the availability of communication functions at all times.

2.3       Shore-based maintenance service company — An entity engaged in the repair, service, calibration or maintenance or maritime radio communication and navigational equipment on board Philippine Registered GMDSS vessels.

2.4       Accreditation of Shore-based maintenance company — An authority issued by the Commission granting the holder thereof to engaged in the repair, service, calibration or maintenance of maritime radio communication and navigational equipment on board Philippine Registered GMDSS vessels.

3.0
Application and Permit

3.1       Permit Required — Applicant should secure an accreditation as Shore-based maintenance company from the Commission entering into a contract with ship companies/operators.

3.2       Filing of Application — The application for the permit shall be filed together with the required supporting documents (Annex -A) specified in the application form, with the Commission.

3.3       Period of Validity — All Permits issued to Shore-Based Maintenance Service Providers shall have a provisionary permit of one (1) year and a regular permit after inspection with an effectivity period of not more than three (3) years from their respective dates of issuance.

3.4       Scope of Authority — All duly accredited SBMC is authorized to engage in the repair, calibration, service and maintenance of maritime radio communication and navigational equipment on board Philippine Registered GMDSS vessels.

3.5       Application for Renewal of Permits — The application for renewal shall be submitted to the Commission at least sixty (60) days before its date of expiration.

3.6       Fees — The fees to be charged for the issuance of ASBMC shall be nine hundred pesos per year (PHP 900.00/yr.) and a filing fee of one hundred fifty pesos (PHP 150.00) that may be updated from time to time by Memorandum Circular.

4.0
Operating Guidelines for An Accredited Shore-based Maintenance Companies

4.1       Permittees shall in the conduct of their respective activities in the repair, calibration, service and maintenance of maritime radio communications equipment shall strictly comply with the provisions of this Circular and other existing local and international radio laws, rules and regulations where Philippines is a party.

4.2       The service, repair and maintenance of maritime radio communication and navigational equipment on board Philippine Registered GMDSS vessels shall be in accordance with the technical standards defined by ITU.

4.3       The Permittee shall take an active role in the research and development of modern and reliable methods of maintaining the maritime radio communication and navigational equipment on board Philippine Registered GMDSS vessels.

5.0
Basic Diagnostic/Test Equipment and Measuring Instruments Required

5.1       Frequency Meter (0.1 ppm or better)
5.2       RF Power Meter (for MF, HF, VHF bands)
5.3       Volt-Ohm-Amp Meter or Digital Multimeter
5.4       Insulate Meter
5.5       Gravity Meter (for battery testing)
5.6       EPIRB Program Test Meter
5.7       Frequency Counter, HF to UHF Bands
5.8       RF carrier deviation meter/RF modulation meter
5.9       Oscilloscope
5.10    RF and AF Signal Generator capable of emitting 0.1 uV to 5 V across all frequency ranges
5.11    Reflectometer, with ranges covering HF to UHF

6.0
General Provisions

6.1       No person or entity who are not accredited by this Commission as shore-based maintenance service company, shall be allowed to enter into contract with ship owners/operators/charterers for the repair, calibration, service and maintenance of maritime radio communication and navigational equipment on board Philippine Registered GMDSS vessels.

6.2       No person or entity who are not accredited by this Commission as shore-based maintenance service company, shall advertise or cause to advertise in any form of media, such as newspaper, magazines, manuals, radio, television or signboards any information leading to a contract with ship owners/operators/charterers for such services.

6.3       An accredited shore-based maintenance service company shall have an inventory at all times at least one set of replacements and spare parts for each type, model and make of maritime radio communication and navigational equipment on board Philippine Registered GMDSS vessels.

6.4       A letter of authorization from the Commission is required before parts and components for repair, construction or manufacture of radio equipment may be imported.

6.5       An accredited shore-based maintenance service company must have quality control facilities and shall adhere strictly to the standards of good engineering practice.

6.6       The business and location of accredited shore-based maintenance service company shall be properly identified as such by posting conspicuously at the entrance of their respective premises sign boards of at least 50 x 100 cm. Dimension indicating clearly the registered business name of the establishment, kind of services offered, the name of the permittee and its business address.

6.7       The accredited shore-based maintenance service company shall strictly abide with the provisions of its contract with their customer in relation to the nature of service rendered. The National Telecommunications Commission will be the mediator in cases where disagreements occur and an amicable settlement cannot be reached.

7.0
License Required for Personnel

7.1       Technical personnel who are directly in charge of actual test, modification, repair, calibration and/or tuning must be holders of at least a valid 1st class Radiotelephone (PHN) or Radiotelegraph (RTG) certificates with Radio Electronic Certificate (REC).

7.2       Holders of valid 1st class PHN or RTG certificates with REC should have a proof of training (e.g. certificate of proficiency) from the manufacturers of the equipment.

7.3       Personnel employed by the Shore-based maintenance companies, whose duties and responsibilities are governed by Section 3 and 4 of Department Order No. 88, dated 28 December 1972, must be duly registered Electronic and Communications Engineers.

8.0
Submission of Reports

8.1       An accredited shore-based maintenance service company shall submit to the Commission a monthly list of all stations they entered into their service contract/transaction a report on maintenance, service and repairs conducted within the month, not later than seven (7) days after the end of the each month.

9.0
Grounds for Suspension or Revocation of Permits

Any permit issued under these Regulation may be revoked, cancelled, suspended or dealt with administratively in accordance with law for any of the following:

9.1       Violation of any provision of this Circular or any provision of the Radio Control Law, Act 3846, as amended or other relevant international or national laws, rules and regulations affecting the operation of the permittee;

9.2       False statement in the application for Permit or in any Report required by the Commission;

9.3       Failure to comply with any of the conditions or particulars specified in this circular.

9.4       Failure to settle amicably any differences with companies they enter into contract with.

10.0
Procedure for Suspension or Revocation of Certificate

10.1    The Commission may suspend, cancel or revoke the permit of any accredited shore-based maintenance service companies found to have violated any provision of this Circular; provided, however, that no order of suspension, revocation or cancellation of the permit shall take place without written notice from the Commission stating the cause for such action, served to the respondent. The order of suspension, revocation or cancellation of the permit shall take effect fifteen (15) days period from the receipt of the notice, respondent may file a written petition for the hearing of said Order to the Commission. In the event that the respondent fails to file the written petition for hearing within the prescribed period, the Order shall become final and executory.

11.0
Repealing Clause

11.1    The provisions of this Circular supersedes all provisions of any Memorandum Circular and to the rules and regulations inconsistent herewith.

12.0
Effectivity Clause

12.1    This Circular shall take effect thirty (30) days after its publication in accordance with law.

Adopted: 01 March 2000

(SGD.) JOSEPH A. SANTIAGO Commissioner
(SGD.) NESTOR C. DACANAY  Deputy Commissioner	(SGD.) AURELIO M. UMALI  Deputy Commissioner