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“Board of Commissioners Resolution No. R-626 Series of 1998

Approving the Locational Guidelines for Base Stations of Cellular Mobile Telephone Service, Paging Service, Trunking Service, Wireless Local Loop Service and Other Wireless Communication Services

WHEREAS, the Board, consistent with the State policy declared in the Constitution, recognizes the vital role of communication and information in nation-building;

WHEREAS, with the growth of the telecommunication industry, the Board, in the exercise of its powers and performance of its duties under the law to ensure rational land use by regulating land development, and likewise in response to the request of sectors concerned, saw the necessity to provide guidelines for the location of communication infrastructure proliferating at present for the protection of the providers and users, as well as the public in general while ensuring efficient and responsive communication services;

WHEREAS, the proposed guidelines were evolved and drafted in consultation with the service providers, government agencies concerned, and homeowners associations nationwide;

WHEREFORE, be it RESOLVED, as it is hereby RESOLVED, that the proposed LOCATIONAL GUIDELINES FOR BASE STATIONS OF CELLULAR MOBILE TELEPHONE SERVICE, PAGING SERVICE, TRUNKING SERVICE, WIRELESS LOCAL LOOP SERVICE AND OTHER WIRELESS COMMUNICATION SERVICES, hereto attached as Annex A, and forming an integral part hereof, be approved as the same is hereby APPROVED.

APPROVED. 14 October 1998, Quezon City, Metro Manila.

(SGD.) KARINA CONSTANTINO-DAVID
Chair, HUDCC
Ex-Officio Chair

(SGD.) ISAGANI VALDELLON
Deputy Director-General, NEDA
Ex-Officio Commissioner

(SGD.) REGIS V. PUNO
Undersecretary, DOJ
Ex-Officio Commissioner

(SGD.) ROMULO Q.M. FABUL
Commissioner and Chief Executive Officer

(SGD.) TERESITA A. DESIERTO
(SGD.) FRANCISCO L. DAGNALAN
(SGD.) ROQUE ARRIETA MAGNO
Commissioners

Attested:

(SGD.) CHARITO M. BUNAGAN
Board Secretary”

For your guidance and information

Adopted: 13 November 1998

(SGD.) ROMULO Q.M. FABUL
Commissioner and Chief Executive Officer


Locational Guidelines for Base Stations of Cellular Mobile Telephone Service, Paging Service, Trunking Service, Wireless Local Loop Service and Other Wireless Communication Service

I. Rationale

Telecommunication plays an important role in the country’s quest to achieve Newly Industrialized Country status in view of its direct and indirect long term effects on investments, employment and social welfare, economic growth and rates of capital formation.

The government’s move from being a facility operator to being a catalyst for the telecommunication sector is intended to foster its growth. The government encourages the private sector to pursue the expansion and improvement of basic telecommunication infrastructure and services that are efficient and responsive to market needs such as the Cellular Mobile Telephone Service (CMTS) which is targeted to be made available in all Major Urban Centers and majority of Key Development Centers (KDC) as well as major highways and corridors connecting these centers.

The CMTS serves a wide array of clientele from residential, commercial, institutional and industrial areas. This implies that cell sites/base stations may fall within any of the foregoing uses as well.

With the growth of the telecommunication industry the HLURB in the exercise of its mandate to ensure rational land use by regulating land development, and likewise in response to the request of sectors concerned, saw the necessity to provide guidelines for the location of communication infrastructure proliferating at present for the protection of the providers and users, as well as the public in general while ensuring efficient and responsive communication services.

This guideline intends to:

a. facilitate the provision of wireless telecommunication services to the target users;

b. minimize adverse visual effects of towers through careful design and siting standards;

c. serve as guide for the HLURB and local government units in the issuance of locational clearance for base stations (paging and trunking services) and cell sites (for cellular mobile telephone service).

II. Definition of Terms

a.  Cellular Mobile Telephone Service (CMTS) — a public radio telephone service which, by means of mobile,, portable, or fixed terminal equipment, gives two-way access to the public switched telephone network and other mobile telephone stations.

b.  Trunk Repeater Service — a kind of public repeater network service wherein a large number of subscribers share a group of communication paths.

c.  Radio Paging Service — a one-way radio paging service involving either alarm messages, voice or data messages.

d.  Wireless Local Loop (WLL) Service — a fixed wireless telephone replacing copper cable in a conventional telephone to the switching center with wireless link using antenna.

e.  Base Station — a part of a cellular network that provides coverage for subscribers. It contains radio, antenna and others.

III. Scope

This locational guideline shall be applicable to all base stations for the following:

a.  Cellular Mobile Telephone Service

b.  Paging Service

c.  Trunking Service

d.  Wireless Local Loop (WLL) Service

e.  Other Wireless Communication Service

IV. Requirements and Procedures in Securing Locational Clearance

A. The following documents shall be submitted in duplicate:

a. Vicinity Map

Drawn to a scale of 1:1,000 showing the exact location of the proposed base station and major land marks within a radius of 200 meters.

b. Site Plan

Drawn to a minimum scale of 1:500 indicating the following features:

b.1  layout of proposed project showing all structures

b.2  area and boundaries of lot (property line)

c. Evidence of ownership in the form of Certified True Copy of original Transfer Certificate of Title. In the absence of the foregoing, a Contract to Sell or Lease; or written and duly notarized owner’s consent to use; or tax declaration with proof of ownership from assessor’s office will do.

d. Certified true copy of National Telecommunication Commission’s Provisional Authority (PA). In the absence of the foregoing, Certificate of Public Convenience and Necessity (CPCN) or Certificate of Registration to Provide Telecommunication Services which may operate the Wireless Communication will do.

e. Conversion Order from the Department of Agrarian Reform if the project is located within an agricultural zone.

f. Radiation Protection Evaluation Report from Radiation Health Service of the Department of Health.

g. Written Consent:

g.1    Subdivisions

g.1.1 Approval of the governing board/body of the duly constituted Homeowners Association (HOA) if base station is located within a residential zone with established HOA and including all members whose properties are adjoining the proposed site of the base station.

g.1.2 In the absence of an established HOA, consent/affidavit of non-objection from majority of actual occupants and owners of properties within a radial distance equivalent to the height of the proposed base station measured from its base, including all those whose properties is adjoining the proposed site of the base station.

g.2    Buildings

g.2.1 If the base station shall be constructed on top of an unoccupied building, consent from the owner/developer.

g.2.2 If base station shall be constructed on top of an occupied building, the following shall be obtained:

a. Consent/affidavit of non-objection from owner/developer unless he has divested himself from all interest in the building and turned over ownership of common areas to the condominium or building association; and

b. Approval of the governing board/body of the duly constituted condominium association or building association including all tenants occupying the top most floor directly below the base station and in addition, the consent of the owner and majority of tenants of the adjoining buildings.

h. Barangay Council Resolution endorsing the base station.

i. Bill of Materials and Estimated Cost.

j. Locational Clearance Fees payable to HLURB or to LGU with approved CLUP after 01 January 1989.

k. Authorization of persons allowed to follow-up the clearance.

B. Site Inspection

Inspection of the proposed site by HLURB or LGU concerned pursuant to EO 72 and other related laws to validate existing uses within a radius of 200 meters and actual structures within a radius of 100 meters and submission of a verification/ocular report using the attached format.

C. Evaluation

The evaluator must process/evaluate the project’s compliance to sections IV and V of this guideline.

The Locational Clearance approved by the HLURB or the local government unit concerned does not exempt the project from pertinent requirements of other government agencies. Conformance to these agencies’ guidelines, standards, applicable Codes and other existing laws, rules and regulations that may hereafter be promulgated is required to ensure environmental protection.

Upon submission of completed documents, the evaluator shall process the clearance within fifteen (15) days.

V. Minimum Locational Guidelines

A. Zoning Classification

A base station for (a) Cellular Mobile Telephone Service; (b) Public Mobile Telephone Service; (c) Paging Service; (d) Trunking Service; (e) Wireless Local Loop and (f) Other Wireless Communication Service may be located in the following zones/sites unless there are expressed prohibitions under existing laws and regulations:

1. On the Ground:

1.1    Air rights of transportation routes and railroads;

1.2    Within commercial, industrial, residential, institutional zones;

1.3    Within agricultural zones subject to Item IV.A.e

1.4    Along existing buffer strips;

2. On top of existing structures which are structurally sound as attested and signed by a duly licensed/registered structural engineer.

B. Setback Requirements

Base stations shall conform with the setback requirements of the National Building Code and the Department of Health.

C. Perimeter Fence

A perimeter fence as per specifications in the DOH radiation protection evaluation report shall be constructed to prevent access of the public to the antenna.

VI. Fees

The Housing and Land Use Regulatory Board in the performance of its functions shall collect the locational clearance fee based on the revised schedule of fees under the special use project as per Resolution No. 622, series of 1998 or by the concerned LGUs subject to EO 72.

VII. Fines and Penalties

Violation of any of the provisions of this guideline shall be subject to the schedule of fines and penalties as per Resolution No. 622, series of 1998, adopting a revised schedule of fines charged and collected by the Housing and Land Use Regulatory Board in the performance of its function or by the concerned LGUs subject to EO 72.

VIII. Effectivity

This guidelines shall take effect immediately after its publication for two consecutive weeks in two newspapers of general circulation.