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(NAR) VOL. 7 NO. 2 / APRIL-JUNE 1996
[ NTC MEMORANDUM CIRCULAR NO. 6-6-96, June 19, 1996 ]
PROCEDURE TO FOLLOW IN PROCESSING MOTIONS/APPLICATIONS FOR INCREASE OF POWER AND A CHANGE OF LOCATION OF RADIO/TV STATIONS
Pursuant to the powers vested upon the Commission, the herein procedure shall be followed when processing motions for Increase of Power and/or Change of Location of Radio/TV Stations.
1. a) Any authorized operator applying for any increase of power within ten (10) Kw only, shall file a motion under its CPCN application, copy furnished all operators operating within the grade “A” contour of the service area, with a copy of the motion together with the technical feasibility study (in the required NTC form) of the proposal showing that no interference shall be caused to existing operators up to the 3rd Adjacency protection ratio (show your computation). The Motion for Increase of Power shall be forwarded to the Broadcast Service Division for evaluation to determine if there are any technical impediments to the request before any Permit for the increase of power is issued. The original copy of all the documents submitted in this Motion and the Permits issued shall be attached to the applicant’s case folder and shall form part of the case.
b) For any increase of power of an authorized station above ten (10) Kw, a motion shall be filed under the CPCN application by the authorized operator, the same to undergo public hearing, with copy of the motion and the notice of hearing sent to all operators affected by such increase in power. If the motion is unopposed, applicant-movant shall proceed to submit exparte its evidence to prove the technical feasibility and economic viability of the proposed increase in power of the existing station.
2. For a change of location site of a radio/TV station to a contiguous site within the same Municipality a motion shall be filed under applicant’s CPCN application attaching thereto the technical feasibility of the said transfer which documents shall be submitted to the Broadcast Division to determine if there are any technical impediment to the transfer before the permit allowing said change is issued. The original copy of all the documents submitted in this motion and the permits issued thereto shall be attached to the applicant’s case folder to form part of the records of the case.
3. For a change of location site from one previously authorized Municipality/City to another municipality within a Province, a motion shall be filed under the CPCN application of the authorized operator, the same to be heard with a copy of the motion and the notice of the hearing furnished to all existing and authorized operators within the Grade A Contour of the proposed coverage. If the motion is unopposed, applicant/movant shall proceed exarte to present evidence to prove the technical and financial capability of applicant to undertake the transfer and that the change of location site is technically feasible and economically viable.
4. For a change of location site from one province to another, e.g. from Cebu to Manila, the Commission requires a separate application to be filed, which requires publication and notice to all affected parties of which a full hearing shall be conducted. This will be treated as if it were a new application.
5. This Circular may be revoked, revised or amended as the Commission deems fit in accordance with law.
This circular shall take effect fifteen (15) days after its publication in the Official Gazette or any newspaper of general circulation, provided further, that at least three (3) certified copies thereof shall be filed with the University of the Philippines Law Center.
Adopted: 19 June 1996
(SGD.) SIMEON L. KINTANAR
Commissioner
1. a) Any authorized operator applying for any increase of power within ten (10) Kw only, shall file a motion under its CPCN application, copy furnished all operators operating within the grade “A” contour of the service area, with a copy of the motion together with the technical feasibility study (in the required NTC form) of the proposal showing that no interference shall be caused to existing operators up to the 3rd Adjacency protection ratio (show your computation). The Motion for Increase of Power shall be forwarded to the Broadcast Service Division for evaluation to determine if there are any technical impediments to the request before any Permit for the increase of power is issued. The original copy of all the documents submitted in this Motion and the Permits issued shall be attached to the applicant’s case folder and shall form part of the case.
b) For any increase of power of an authorized station above ten (10) Kw, a motion shall be filed under the CPCN application by the authorized operator, the same to undergo public hearing, with copy of the motion and the notice of hearing sent to all operators affected by such increase in power. If the motion is unopposed, applicant-movant shall proceed to submit exparte its evidence to prove the technical feasibility and economic viability of the proposed increase in power of the existing station.
2. For a change of location site of a radio/TV station to a contiguous site within the same Municipality a motion shall be filed under applicant’s CPCN application attaching thereto the technical feasibility of the said transfer which documents shall be submitted to the Broadcast Division to determine if there are any technical impediment to the transfer before the permit allowing said change is issued. The original copy of all the documents submitted in this motion and the permits issued thereto shall be attached to the applicant’s case folder to form part of the records of the case.
3. For a change of location site from one previously authorized Municipality/City to another municipality within a Province, a motion shall be filed under the CPCN application of the authorized operator, the same to be heard with a copy of the motion and the notice of the hearing furnished to all existing and authorized operators within the Grade A Contour of the proposed coverage. If the motion is unopposed, applicant/movant shall proceed exarte to present evidence to prove the technical and financial capability of applicant to undertake the transfer and that the change of location site is technically feasible and economically viable.
4. For a change of location site from one province to another, e.g. from Cebu to Manila, the Commission requires a separate application to be filed, which requires publication and notice to all affected parties of which a full hearing shall be conducted. This will be treated as if it were a new application.
5. This Circular may be revoked, revised or amended as the Commission deems fit in accordance with law.
This circular shall take effect fifteen (15) days after its publication in the Official Gazette or any newspaper of general circulation, provided further, that at least three (3) certified copies thereof shall be filed with the University of the Philippines Law Center.
Adopted: 19 June 1996
Commissioner