RADIO FREQUENCY ALLOCATION FOR CELLULAR MOBILE TELEPHONE SERVICE

– The international accounting rates are rapidly declining
threatening the subsidy to the local exchange service as mandated in EO
109 and RA 7925;

– The public telecommunications entities which were obligated to
install, operate and maintain local exchange network have performed
their obligations in varying degrees;

– after more than three (3) years from the performance of the
obligations only 52% of the total number of cities and municipalities
are provided with local telephone service;

– there are mergers and consolidations among the existing cellular
mobile telephone service (CMTS) providers threatening the efficacy of
competition;

– there is a need to hasten the installation of local exchange lines in unserved areas;

– there are existing CMTS operators which are experiencing congestion in the network resulting to low grade of service;

– the consumers/customers shall be given the freedom to choose the CMTS operators from which they could get the service;

-the Commission hereby reallocates the following radio frequency bands, namely:

For assignment to existing CMTs operators and to PTEs which shall be
authorized to install, operate and maintain CMTS networks.  Only PTEs
that have satisfactorily complied with their obligation to install local
exchange lines pursuant to EO 109 and RA 7925 and with no existing
valid authorizations for CMTS, to ensure the delivery of the needed
local exchange lines in the unserved areas, shall be considered in the
grant of the authorization to install, operate and maintain CMTS
networks.  Existing CMTS operators which could show sufficient proof
that they are experiencing congestion in their networks, provided that
such congestion is solely attributable to insuffient frequencies shall
be eligible for the assignment of additional frequencies.

The transfer of previously authorized persons or entities operating
radio stations within the above listed radio frequency bands shall be
governed by Rule 603 of MC 3-3-96

This new allocation shall take effect fifteen (15) days after
publication in a newspaper of general circulation and three (3)
certified copies furnished the IP Law Center.

Adopted: 9 March 2000