Getting the Deal Through – Telecoms and Media 2013 Philippines
June, 2013 - Rose Marie M. King-Dominguez; Ruben P. Acebedo II
Summarise the regulatory framework for the telecoms and media sector. What is the policymaking procedure?
The laws and regulations put into place in the early to mid-1990s, and which still represent the core of local telecommunications law, are pro-competition and pro-access in tenor. However, the current framework has yet to address the regulatory challenges of convergence and the newest technology, and other competition issues relevant to the industry. Policymakers need to address these challenges, in both the telecommunications and broadcasting sectors.
Both telecommunications and media are subject to nationality restrictions. While telecommunications enterprises may be partially foreign-owned, media enterprises are wholly reserved to Philippine nationals. These are limitations mandated by the Philippine Constitution, which is not easy to amend. This is a significant consideration for regulators as they ponder the blurring lines of telecoms and broadcasting, and the globalisation of entertainment and media content.
The National Telecommunications Commission (NTC) has supervision and control over telecommunications and broadcasting entities. In this connection, it has the power to promulgate guidelines, rules and regulations. The NTC is part of the Philippine government’s executive branch.
2 Convergence
Has the telecoms-specific regulation been amended to take account of the convergence of telecoms, media and IT? Are there different legal definitions of ‘telecoms’ and ‘media’?
There have been moves to amend telecommunications laws and regulations to recognise and account for convergence, but these are not in place yet.
Telecommunications and media are defined, and generally regulated, differently. For instance, only Philippine nationals or corporations wholly owned by Philippine nationals may...
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Rose Marie M King-Dominguez and Ruben P Acebedo II
SyCip Salazar Hernandez & Gatmaitan
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