(NAR) VOL.8 NO. 1 / JANUARY-MARCH 1997

[ NTC JOINT MEMORANDUM CIRCULAR NO. 97-301, February 26, 1997 ]

IMPLEMENTING GUIDELINES OF THE MEMORANDUM OF AGREEMENT SIGNED ON APRIL 10, 1995 BY NTC, MTRCB, AND VRB



Pursuant to the Memorandum of Agreement signed on April 10, 1995, the National Telecommunications Commission (NTC), the Movie Television Review and Classification Board (MTRCB) and the Videogram Regulatory Board (VRB), operating under their respective charters, hereby promulgate the hereunder guidelines:

Chapter I

Registration and Permit

SECTION 1 All persons, natural or juridical intending to operate a television or cable television station, shall file a verified petition with the NTC, furnishing (he VRB and MTRCB copies of the petition and its attachments, and shall comply with all the requirements and impositions provided for under the pertinent rules and regulations of the NTC.

SECTION 2 Immediately upon receipt of the Provisional Authority from NTC, a television broadcast or CATV operator shall apply for registration and license from the VRB and MTRCB by presenting before such Hoards their NTC Provisional Authority accomplishing the prescribed forms, and complying with all the lequireinents and impositions of the VRB and MTRCB

SECTION 2bis. Within thirty (30) days from the issuance of the authority from NTC, a television biondcast or CATV operator shall present before the N TO a license issued by or proof of registration with the VRB and MTRCB

SECTION 2ter. The failure of the television broadcast or CATV operator to comply with the presentation of a license issued by or proof of registration with the VRB and MTRCB under the preceding section crm be a ground for the NTC (o suspend and/or to cancel the PA. CA or other authority issued after due notice and hearing.

SECTION 2quarter. A television broadcast or CATV operator alleging non-utility of videograms in its operations shall substantiate its claim before the VRB. The issuance of an exemption from registration by the VRB, however, shall not exempt the operator from inspections by agents of the VRB lo verify its claims.

Chapter II

Programs of television or CATV stations and cinematographic works through direct signal, satellite feed or use of videograms

SECTION 3. All programs, cinematographic works, etc. for exhibition or broadcast by a television or CA7V operator shall be subject to review arid classification by the MTRCB and the VRB, except that in cases of direct signals or satellite feeds, fhe operators shall take full responsibility of any violation of existing laws, guidelines, programming, or technical standards In case of a reshowing of any taped program from direct signal or satellite feed, the same shall be subject to post review and classification bv the MI RGB and the VRB.

SECTION 4. Only videograms issued Special Commercial Permits by the VRB and Permit Jo Exhibit by the MTRCB shall be used for television or CATV stations in their programs.

SECTION 5. A registered distributor, to include a television broadcast or a CATV operator, shall register its rights, original or acquired, lo films or programs in videogram format with the VRB, submitting to the VRB authenticated documents showing proof of ownership or licensed rights to said films or programs. The VRB shall issue a Special Commercial Permit (SCP) for the videogram whenever so justified under Presidential Decree No 1987 and Ms implementing rules and regulations. Such SCP shall be a prerequisite to the review and classification by the MTRCB of said film or program in videogram form

SECTION 6. In the review and classification by the MTRCB, the standards of review under Presidential Decree

No. 1986 shall be implemented. The MTRCB may then issue a Permit to Exhibit (PTE) with the appropriate classification whenever so justified.

Chapter III

Videotaping of Television or CATV programs, or cinematographic works

SECTION 7 The videotaping or taping of television or CATV programs, broadcast or cinematographic works by any person, whether licensed to reproduce videograms by the VRB or not, prior written authority from its owners, producers, licensees, assignees and the likes is strictly prohibited

SECTION 8 Any person intending to copy, reproduce or videotape programs, broadcast or cinematographic works into videogram format shall first register and be licensed by the VRB as Videogram Reproducer showing before the Board its contract or authority to copy, reproduce or videotape from a VRB licensed distributor apart from complying with other requirements of the Board as a Videogram Reproducer.

SECTION 9. The reproduced videograms shall be submitted in accordance with the procedural requirements to the VRB and MTRCB as provided for under Sections 4, 5, and 6 of these guidelines prior to exhibition.

Chapter IV

Clearing House

SECTION 10. Program and movie producers and distributors, for both local and foreign materials, registered and licensed with the VRB and MTRCB, shall establish a clearing house wherein the list of all authorized and approved materials by the VRB and the MTRCB in videogram formats are filed and deposited, and the authorized copies thereof made available for exhibition on lease or sale to television, CATV operators, video exhibitors and inquiries.

SECTION 11. The conditions for the use of programs, movies and materials bearing SCP from the VRB and PTE from the MTRCB in the clearing house shall be subject to rules and regulations in the clearing house and/or agreements, between the owners, their representatives or licensees and the television, CATV operator and video exhibitor contracting for their use.

SECTION 12. Producers and distributors shall provide the organizational set-up of the clearing house inclusive of the appointment and compensation of the personnel complement therein Likewise, the operations of the clearing house shall be the sole function, responsibility and liability of the producers and distributors.

SECTION 13. Only programs, movies, materials in videograms formats issued SCP from the VRB and PTE from the MTRCB are allowed in the clearing house. Unauthorized materials found in the possession of the clearing house shall be seized and the owners or licensees thereof made liable under Presidential Decree No. 1986 and/or Presidential Decree No. 1987 and their implementing rules and regulations.

Chapter V

 Enforcement

SECTION 14. The VRB. MTRCB, or their duly authorized representatives shall in accordance with law be allowed free and unhindered entry in the business premises

of television and cable television stations, to determine compliance with Presidential Decree No. 1986, Presidential Decree No. 1987 and the implementing rules, regulations, orders, and circulars.

SECTION 14bis. Videograms found in the premises and in the possession of a registered television and cable television stations by the MTRCB and/or VRB, used to violate any of the provisions of Presidential Decree No. 1986, Presidential Decree No. 1987 and the implementing rules, regulations, orders and circulars shall be seized and taken into preventive custody by the agency concerned, by leaving a receipt to the operator or his representative subject to the appropriate legal process before the agency whose law(s), rules and regulations, orders and/or circulars are violated. The conduct of administrative sanctions for violations under the implementing rules and regulations of MTRCB or VRB shall be without prejudice to the filing of the criminal action(s) as may be allowed under the law.

SECTION 15. All seized articles under the preceding section shall be turned-over by the apprehending agent to the custody of the concerned agency within reasonable time after the apprehension for the agency to implement the appropriate legal process.

SECTION 16. The administrative enforcement operations provided herewith shall not preclude any of the agencies, MTRCB and/or VRB from resorting to search warrant operations as may be directed by the courts.

Chapter VI

Violations and Penalties


SECTION 17. Violations, whether administrative or criminal, shall be prosecuted by the respective agencies concerned.

SECTION 18. Penalties to be imposed, in administrative proceedings, shall be those provided under the charter, implementing rules and regulations of the agency taking jurisdiction of the matter.

SECTION 19. The MTRCB and/or VRB may recommend to the NTC the closure or suspension of any authority issued by NTC to any television broadcast and/or CATV operator upon a final decision for violation of their governing laws, rules and regulations.

SECTION 20. The NTC shall proceed to determine whether to cancel or suspend the NTC Certificate of Authority, provisional or permanent, the permits and/or licenses it issues, and may suspend the operation of any erring station as may be warranted under the circumstances but in no case shall such suspension be for more than twenty (20) days prior to final resolution of the case except for justifiable reasons in the interest of public service.

Chapter VII

 Other Provisions

SECTION 21. These guidelines shall have prospective application but persons engaged in television or cable television broadcast and apprehended by any of the agencies prior to the date of effectivity of these guidelines shall remain liable for the violations for which they are apprehended and charged.

SECTION 22. These guidelines shall take effect fifteen (15) days after its publication in a newspaper of general circulation in the Philippines.

Adopted: 26 Feb. 1997

(SGD.) SIMEON L. KINTANAR
Commissioner
National telecommunications Commission

(SGD.) BGEN. JAVIER D. CARBONELL, AFP (RET.)
Chairman
Videogram Regulatory Board

(SGD.) JESUS C. SISON
Chairman
Movie Review And Classification Board


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