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(NAR) VOL. II NO. 3 / JULY - SEPTEMBER 1991

[ NTC MEMORANDUM CIRCULAR NO. 6-11-90, June 11, 1990 ]

PROCEDURE TO GOVERN THE MONITORING, REPORTING, AND INVESTIGATION OF BROADCAST VIOLATIONS AND FOR OTHER PURPOSES



Pursuant to the powers vested upon the National Telecommunications Commission to promulgate rules and regulations and among others, to encourage a larger and effective use of radio and television facilities, the following procedure is hereby adopted, in the monitoring, reporting, and investigation of broadcast violations:

1. NTC Regional Offices, including NCR and the Broadcast Department are hereby directed to monitor all broadcast stations’ performance and compliance with the Technical and Program Standards set by the Commission.

Companies which have consistently violated their self-imposed KBP Code of Ethics and/or the Program Standards of the Commission shall be closely monitored.

2. The Frequency Spectrum Analyst and/or the Telecom Engineer assigned to monitor broadcast stations shall evaluate the performance of broadcast stations, as far as their compliance with technical and program standards, maintain logs, tapes, and recordings of programs, and submit written reports of violations, to his immediate Chief, who in turn shall determine the extent of the possible violations, cause the transcription of the tapes, evaluate and prepare his corresponding recommendations to his Regional Director.

3. The Regional Director concerned makes his further evaluation and when he has reasons to believe that a broadcast station has violated a law, the technical and program standards, or any rules and regulations of this Commission, he shall without delay submit the report of his staff and his recommendation/comments to the Central Office, through the Broadcast Department, which shall immediately do any of the following acts:

  3.1
In cases where immediate action has to be taken, the Chief of the Broadcast Department shall immediately call the attention of Deputy Commissioner Florentino L. Ampil who shall alert the rest of the Commissioners, to enable them to take immediate and appropriate action.
   
  3.2
In normal conditions and in recognition of self-regulation by the broadcast sector, the Chief of the Broadcast Department shall furnish a copy of the violation report to the KBP Standards Authority for them to take the appropriate administrative actions against any erring station.

The Broadcast Department shall maintain a complete file of all reports/complaints forwarded to the KBP; the corresponding actions taken by the latter; and shall, from time to time, evaluate the violation as a basis for gauging a station’s performance, as one of the criteria to consider for the renewal or grant of any other authorizations by this Commission.

  3.3
In cases where a violation by any station requires the Commission’s direct action, the full report together with all evidence to substantiate the violations and the recommendations by all concerned, shall be referred to the Legal Department, for appropriate legal action.

All tapes shall be preserved and kept by the respective Regional Offices concerned but a transcription of the tapes must accompany the violation reports duly signed by the person who transcribed the tapes, verified by the Monitoring Official and duly noted by the Regional Director.

4. In times of emergency or when the Commission deems it necessary, all Regional Offices, including NCR and the Broadcast Department shall be on 24-hour full alert and immediately bring to the attention of the Commissioners, (attn. Deputy Commissioner F.L. Ampil).  Any untoward acts by any broadcast station that will further destabilize the situation.

Any circular, Memorandum, Order, which may be in contravention with any provision of this Circular is hereby superseded.

Strict Compliance is hereby enjoined.

Adopted: 11 June 1990

(SGD.) JOSEFINA T. LICHAUCO
Acting Commissioner
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