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(NAR) VOL.8 NO. 4 / OCTOBER - DECEMBER 1997
[ DOTC DEPARTMENT CIRCULAR NO. 97-01, October 17, 1997 ]
GUIDELINES ON THE PROCUREMENT OF ORBITAL SLOTS AND FREQUENCY REGISTRATION OF PHILIPPINE SATELLITE(S)
The application for an orbital slot and frequency is one of the privileges accorded to the Philippine Government as an ITU member administration which also includes frequency allotment in the Radio Regulation.
This Department Circular shall provide guidelines for the DOTC, the NTC, and prospective satellite operators in the acquisition of orbital slot(s) and registration of frequency assignments of Philippine satellite(s), abiding with the rules and procedures of the ITU Radio Regulations to ensure international recognition and protection from harmful interference caused by other satellite systems.
In light of the foregoing, the following policy guidelines are hereby promulgated:
SECTION 1. The following terms as defined in this Circular shall apply:
a. Administration — Any governmental department or service responsible for discharging the obligations undertaken in the relevant conventions and conferences of the International Telecommunication Union.
b. AP4 — Advanced publication information form, which contains minimum satellite information identified in Article 11 of the Radio Regulation. This includes the orbital slot being applied for and identifying which Administration shall be responsible for the said application.
c. APS4 — Request for Coordination/Notification form, which contains detailed satellite parameters and characteristics, including space segment and cooperating earth stations, required for coordination.
d. DOTC — shall refer to the Department of Transportation and Communications which will be the Administration concerned regarding space segment coordination.
e. Earth Station — a station in a satellite network located either on earth’s surface or within a major portion of the earth’s atmosphere and intended for communications.
f. NTC — shall refer to the National Telecommunications Commission which will be the Administration concerned for earth station coordination.
g. Paper satellite — Satellites that have general characteristics which only exist on paper with very little or no likelihood or ever being implemented. It also refers to “reservation of capacity without actual use” preventing others from having access to the frequency resource.
h. Radiocommunication Bureau (BR) — carries out the international regulatory processes for registration of frequency assignments and satellite orbits, and assists to resolve cases of harmful interference.
i. Satellite Network — A satellite system or a part of a satellite system, consisting of only one Satellite and the cooperating earth stations.
j. Satellite Operator — a duly enfranchised telecommunications entity proposing to operate and establish satellite system(s) in the Philippines.
k. Satellite System — A space system using one or more artificial earth satellites.
l. Space System — Any group of cooperating earth stations and/or space stations employing radiocommunications for specific purposes.
m. Space Segment — composed of orbiting satellite and the associated equipments used to track, monitor and control the operation of the satellite. The term does not include ground equipment such as earth station.
n. World Radiocommunication Conference (WRC) — a governmental conference convened every two years which is mandated to review and, where appropriate, revise Radio Regulations in accordance with items in its agenda as adopted by the ITU Council, and recommend an agenda for the next two conferences.
The DOTC, the NTC, and the Satellite Operator shall be responsible for undertaking the steps identified in the provisions of the Radio Regulations of the International Telecommunications Union (ITU) for Philippine satellite(s), in relation to the:
The DOTC shall have the following responsibilities:
a. Review and approve all space segment submissions of the Satellite Operator, including coordination agreements;
b. Send all necessary documentation to ITU and affected administrations;
c. Head the Philippine delegation to all official and formal coordination meetings;
d. Encourage the Satellite Operators to engage in informal coordination discussions with counterparts from other operator(s) to facilitate/accelerate the finalization of coordination agreements;
e. Make available relevant documents to requesting parties, in accordance with DOTC internal regulations;
f. Sign official segment coordination documents;
g. Provide Satellite Operators information on new developments/updated on Radio Regulations, if so requested.
h. Forward to the NTC all submissions of earth stations by the Satellite Operator.
i. Request the NTC to make analysis and recommendations on earth station-related submissions of the Satellite Operator.
j. Forward to the NTC all requests for coordination of all earth stations and terrestrial networks from other administrations;
k. Request the NTC to make analysis and recommendations on earth station-related coordination requests from other administrations for consideration by the DOTC; and
l. Set up and maintain the necessary database for all the above purposes.
m. Upon notification of the concerned Satellite Operator, the DOTC shall take actions necessary to prevent, reduce or eliminate any interference between the satellite network of the concerned Satellite Operator with the satellite network of another Satellite Operator or Administration.
SECTION 3. Responsibilities of the NTC — The NTC, in protecting the planned and existing Philippine terrestrial networks and earth stations from possible unacceptable interference from other satellite networks, shall have the following responsibilities:
a. Review submissions for earth applications and for frequency assignments of Satellite Operators from the viewpoint of protecting Philippine terrestrial networks;
b. Examine the effect of all the submissions of earth stations of other administrations with the Philippine earth stations and other terrestrial networks for consideration by the DOTC;
c. Request satellite operators to make analysis, comments and recommendations on the request for earth station coordination of other Administrations or local satellite companies;
d. Send all necessary documentation relative to earth station coordination to the DOTC for onward endorsement to the ITU and affected administrations; and
e. Set-up and maintain the necessary database for all the above purposes.
SECTION 4. Responsibilities of the Satellite Operators — The Satellite Operators shall have the following responsibilities :
A. For Space Segment related coordination —
SECTION 5. Satellite Operators intending to use any of the government assigned or applied-for-orbital slots and frequency allotments shall pay the DOTC an amount of P500,000.00 upon application.
SECTION 6. The DOTC shall conduct a bidding process in case there are competing applications for any one of the assigned or applied-for orbital slots.
SECTION 7. Upon effectivity of this Circular, the DOTC shall publish in three newspapers of general circulation a notice of offer for the government assigned, initiated and applied for orbital slots.
SECTION 8. The DOTC shall take appropriate measures to prevent the application of paper satellites. All regulatory/procedural matters related to Resolutions 18 (Kyoto 1994) adopted by WRC shall be enforced.
SECTION 9. Prior to any decision by the WRC on any regulatory/procedural matters related to Resolution 18 (Kyoto , 1994), the DOTC shall require the Satellite Operator to put their satellite into service not more than five years from application.
SECTION 10. The DOTC shall award the use of the slot to the Satellite Operator once coordination is completed. The Satellite Operator’s satellite shall be allowed to use the slot for fifteen years, or the life of the satellite, whichever term is shorter. Renewal or extension of the award to use the orbital slot shall be subject to the DOTC’s evaluation of the performance of the satellite operator and shall require a new agreement.
SECTION 12. The DOTC and the NTC shall take appropriate measures to ensure that the satellite design and characteristics of the Satellite Operator conform with the coordinated orbital slot. Any unauthorized deviation from the Satellite Operator’s original application, particularly, if it will cause harmful interference to other satellite systems, shall be prohibited.
SECTION 13. All existing Department Orders, Circulars, Memoranda, issuances, and/or rules and regulations inconsistent with this Circular are hereby repealed or modified accordingly.
SECTION 14. This Circular takes 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 Philippine Law Center.
Adopted: 17 Oct. 1997
This Department Circular shall provide guidelines for the DOTC, the NTC, and prospective satellite operators in the acquisition of orbital slot(s) and registration of frequency assignments of Philippine satellite(s), abiding with the rules and procedures of the ITU Radio Regulations to ensure international recognition and protection from harmful interference caused by other satellite systems.
In light of the foregoing, the following policy guidelines are hereby promulgated:
ARTICLE I
Definition of Terms
Definition of Terms
SECTION 1. The following terms as defined in this Circular shall apply:
a. Administration — Any governmental department or service responsible for discharging the obligations undertaken in the relevant conventions and conferences of the International Telecommunication Union.
b. AP4 — Advanced publication information form, which contains minimum satellite information identified in Article 11 of the Radio Regulation. This includes the orbital slot being applied for and identifying which Administration shall be responsible for the said application.
c. APS4 — Request for Coordination/Notification form, which contains detailed satellite parameters and characteristics, including space segment and cooperating earth stations, required for coordination.
d. DOTC — shall refer to the Department of Transportation and Communications which will be the Administration concerned regarding space segment coordination.
e. Earth Station — a station in a satellite network located either on earth’s surface or within a major portion of the earth’s atmosphere and intended for communications.
f. NTC — shall refer to the National Telecommunications Commission which will be the Administration concerned for earth station coordination.
g. Paper satellite — Satellites that have general characteristics which only exist on paper with very little or no likelihood or ever being implemented. It also refers to “reservation of capacity without actual use” preventing others from having access to the frequency resource.
h. Radiocommunication Bureau (BR) — carries out the international regulatory processes for registration of frequency assignments and satellite orbits, and assists to resolve cases of harmful interference.
i. Satellite Network — A satellite system or a part of a satellite system, consisting of only one Satellite and the cooperating earth stations.
j. Satellite Operator — a duly enfranchised telecommunications entity proposing to operate and establish satellite system(s) in the Philippines.
k. Satellite System — A space system using one or more artificial earth satellites.
l. Space System — Any group of cooperating earth stations and/or space stations employing radiocommunications for specific purposes.
m. Space Segment — composed of orbiting satellite and the associated equipments used to track, monitor and control the operation of the satellite. The term does not include ground equipment such as earth station.
n. World Radiocommunication Conference (WRC) — a governmental conference convened every two years which is mandated to review and, where appropriate, revise Radio Regulations in accordance with items in its agenda as adopted by the ITU Council, and recommend an agenda for the next two conferences.
ARTICLE II
Responsibilities of Parties
Responsibilities of Parties
The DOTC, the NTC, and the Satellite Operator shall be responsible for undertaking the steps identified in the provisions of the Radio Regulations of the International Telecommunications Union (ITU) for Philippine satellite(s), in relation to the:
i) use of assigned, registered and/or coordinated Philippine slots;SECTION 2. Responsibilities of the DOTC
ii) coordination of orbital slot(s); and
iii) registration of frequency assignments.
The DOTC shall have the following responsibilities:
a. Review and approve all space segment submissions of the Satellite Operator, including coordination agreements;
b. Send all necessary documentation to ITU and affected administrations;
c. Head the Philippine delegation to all official and formal coordination meetings;
d. Encourage the Satellite Operators to engage in informal coordination discussions with counterparts from other operator(s) to facilitate/accelerate the finalization of coordination agreements;
e. Make available relevant documents to requesting parties, in accordance with DOTC internal regulations;
f. Sign official segment coordination documents;
g. Provide Satellite Operators information on new developments/updated on Radio Regulations, if so requested.
h. Forward to the NTC all submissions of earth stations by the Satellite Operator.
i. Request the NTC to make analysis and recommendations on earth station-related submissions of the Satellite Operator.
j. Forward to the NTC all requests for coordination of all earth stations and terrestrial networks from other administrations;
k. Request the NTC to make analysis and recommendations on earth station-related coordination requests from other administrations for consideration by the DOTC; and
l. Set up and maintain the necessary database for all the above purposes.
m. Upon notification of the concerned Satellite Operator, the DOTC shall take actions necessary to prevent, reduce or eliminate any interference between the satellite network of the concerned Satellite Operator with the satellite network of another Satellite Operator or Administration.
SECTION 3. Responsibilities of the NTC — The NTC, in protecting the planned and existing Philippine terrestrial networks and earth stations from possible unacceptable interference from other satellite networks, shall have the following responsibilities:
a. Review submissions for earth applications and for frequency assignments of Satellite Operators from the viewpoint of protecting Philippine terrestrial networks;
b. Examine the effect of all the submissions of earth stations of other administrations with the Philippine earth stations and other terrestrial networks for consideration by the DOTC;
c. Request satellite operators to make analysis, comments and recommendations on the request for earth station coordination of other Administrations or local satellite companies;
d. Send all necessary documentation relative to earth station coordination to the DOTC for onward endorsement to the ITU and affected administrations; and
e. Set-up and maintain the necessary database for all the above purposes.
SECTION 4. Responsibilities of the Satellite Operators — The Satellite Operators shall have the following responsibilities :
A. For Space Segment related coordination —
a. Notify DOTC of their intention to apply for an orbital slot —B. For Earth Station related coordination —
The Satellite Operator shall notify the DOTC of their intention to request the DOTC to apply for orbital slot(s) by accomplishing the necessary forms (Appendix A).
b. Prepare AP4, APS4 (addendum/modification if any) & Notification Forms
The Satellite Operator shall prepare the AP4, APS4, Addendum/Modification and Notification Forms, required by the ITU for every application of an orbital slot and shall submit the same to the DOTC. The Satellite Operator shall make such changes to the forms as DOTC may reasonably request.
c. Examine and analyze all weekly circulars and related documents on possible interference of other administration’s satellite networks and other satellite networks in the Philippines to their respective satellite networks and vice versa, and to advise the DOTC accordingly;
a. Notify NTC of their intention to request for earth station coordination within and outside Philippine Jurisdiction.C. Other Space Segment and Earth Station Coordination related activities —
b. Prepare the required APS4/III and related Appendices, and Notification Forms.
c. Coordinate with the NTC regarding earth stations and frequency related matters.
d. Examine request for earth station coordination and related documents of other satellite operators from other administrations or locally for possible interference into its own satellite networks and vice versa, and to advise the NTC accordingly.
a. Provide necessary technical support in connection with the application.
The Satellite Operator shall provide necessary technical and administrative support to the DOTC and the NTC in relation to their application for orbital slot(s) and request for earth stations coordination.
The Satellite Operator involving the DOTC and the NTC shall do all calculations and analysis relative to the coordination of the Satellite Operator’s satellite network.
b. Participate in informal and formal coordination meetings as requested by the DOTC and the NTC.
c. The operator shall shoulder all expenses relative to their application and coordination activities.
d. Pay an annual maintenance fee of P50,000.00 upon acceptance of application by the DOTC.
ARTICLE III
Government Assigned, Initiated and Applied for Orbital Slots
Government Assigned, Initiated and Applied for Orbital Slots
SECTION 5. Satellite Operators intending to use any of the government assigned or applied-for-orbital slots and frequency allotments shall pay the DOTC an amount of P500,000.00 upon application.
SECTION 6. The DOTC shall conduct a bidding process in case there are competing applications for any one of the assigned or applied-for orbital slots.
SECTION 7. Upon effectivity of this Circular, the DOTC shall publish in three newspapers of general circulation a notice of offer for the government assigned, initiated and applied for orbital slots.
ARTICLE IV
Government Concerns
Government Concerns
SECTION 8. The DOTC shall take appropriate measures to prevent the application of paper satellites. All regulatory/procedural matters related to Resolutions 18 (Kyoto 1994) adopted by WRC shall be enforced.
SECTION 9. Prior to any decision by the WRC on any regulatory/procedural matters related to Resolution 18 (Kyoto , 1994), the DOTC shall require the Satellite Operator to put their satellite into service not more than five years from application.
SECTION 10. The DOTC shall award the use of the slot to the Satellite Operator once coordination is completed. The Satellite Operator’s satellite shall be allowed to use the slot for fifteen years, or the life of the satellite, whichever term is shorter. Renewal or extension of the award to use the orbital slot shall be subject to the DOTC’s evaluation of the performance of the satellite operator and shall require a new agreement.
SECTION 12. The DOTC and the NTC shall take appropriate measures to ensure that the satellite design and characteristics of the Satellite Operator conform with the coordinated orbital slot. Any unauthorized deviation from the Satellite Operator’s original application, particularly, if it will cause harmful interference to other satellite systems, shall be prohibited.
ARTICLE V
Final Provisions
Final Provisions
SECTION 13. All existing Department Orders, Circulars, Memoranda, issuances, and/or rules and regulations inconsistent with this Circular are hereby repealed or modified accordingly.
SECTION 14. This Circular takes 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 Philippine Law Center.
Adopted: 17 Oct. 1997
(SGD.) ARTURO T. ENRILE
Secretary
Secretary