Author Topic: NTC, private sector working on transition to digital TV  (Read 23366 times)

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Offline bachwitz

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NTC, private sector working on transition to digital TV
« on: Jun 29, 2006 at 05:49 PM »
NTC, private sector working on transition to digital TV

By Erwin Oliva
INQ7.net
Last updated 05:07pm (Mla time) 06/29/2006


Broadcasting firms and the National Telecommunications Commission (NTC) are now working on guidelines to the planned transition to digital television in 2015 in the Philippines, an NTC official told INQ7.net.

NTC Deputy Commissioner Jorge Sarmiento said the agency and representatives of the local industry have formed a technical working group to work on the government guidelines to the transition to digital TV.

The NTC official said the rules and procedures for the transition is expected to be ready next month.

The agency and the local broadcasting industry expect to go all-digital by in 2015.

By next year, Sarmiento said the NTC expects to accept applications among firms moving to digital TV.

In 2010, he said NTC will no longer accept applications for companies wanting to offer analog TV.


http://newsinfo.inq7.net/breakingnews/infotech/view_article.php?article_id=7274
-----

wohooo... sa Wakas.

Offline chiemonyo

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Re: NTC, private sector working on transition to digital TV
« Reply #1 on: Jun 30, 2006 at 07:57 AM »
This is a very good news for those who are in to HD viewing.... but whoah!!!! 2015??? Di kaya mga "surplus HD broadcasting"  stuff na ang bumagsak sa Pinas that time??? >:( ;D Pero siguro okay din yun dahil bagsak na rin presyo ng mga HDTV nun..  ;D :D ;D

Offline av_phile1

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Re: NTC, private sector working on transition to digital TV
« Reply #2 on: Jun 30, 2006 at 11:59 AM »
It's about time.  As usual, we're late adopting the new tech.  But better late than never, as they say.  And yes, by that time, HDTV sets should be cheaper.  2015 is 9 years away.  Medyo matagal pa.  My son would be graduating from a 2-yr masters degree.   ;D

Offline brian_d

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Re: NTC, private sector working on transition to digital TV
« Reply #3 on: Jun 30, 2006 at 04:47 PM »
5 years delay lang po! Hehehe, Japan and UK will cease broadcasting in Analog by 2010 pa.

Offline viper

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Re: NTC, private sector working on transition to digital TV
« Reply #4 on: Jul 13, 2006 at 10:26 PM »
2015 is the target shutdown of analog. That does not mean that thats the only time when over-the-air digital television would be available. It really depends on the networks if they are willing to invest in this new technology and how much the set-top box would be sold to consumers. Who knows, in less than 24 months we will be having this service available in the country.

Offline chiemonyo

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Re: NTC, private sector working on transition to digital TV
« Reply #5 on: Jul 14, 2006 at 05:27 AM »
Napakalaking gastos ng mga networks nyan!! Malamang pag HDTV na.... aabutin na ng kalahating araw ang laban ni Paquiao dahil mas madaing Commercials na ang kailangan nila para makabawi agad..  ;D ;D

Offline Munskie

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Re: NTC, private sector working on transition to digital TV
« Reply #6 on: Jul 14, 2006 at 08:31 AM »
Kikita rin si Vicky Belo...kasi sa linaw ng HD Broadcast makikita kahit katiting na imperpeksyon sa mukha at katawan...hehehe  ;D ;D

Offline kimpOy

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Re: NTC, private sector working on transition to digital TV
« Reply #7 on: Jul 14, 2006 at 08:44 AM »
what? kaka fully paid ko lang yung RPTV ko...teka HDTV ready na pala yun.woohoo!

Offline krazy

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Re: NTC, private sector working on transition to digital TV
« Reply #8 on: Jul 17, 2006 at 07:11 PM »
It's about time.  As usual, we're late adopting the new tech.  But better late than never, as they say.  And yes, by that time, HDTV sets should be cheaper.  2015 is 9 years away.  Medyo matagal pa.  My son would be graduating from a 2-yr masters degree.   ;D

But with the fast pace of technology these days, it pays to be late.  Take the US for example, since they were the first with digital HD broadcasts, they're stuck using the older and less efficient MPEG2 codec for broadcasts, while broadcasters in the Philippines can use the more efficient and higher quality VC-1 and MPEG4 codecs when they start digital/HD broadcasts soon. 

Offline av_phile1

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Re: NTC, private sector working on transition to digital TV
« Reply #9 on: Jul 20, 2006 at 12:18 PM »
True,  sometimes it pays not to be at the leading edge of tech.  Even the forced launch of Blu-ray had discs that use MPEG 2 codec.  It's HD-DVD discs that use VC-1 and Mpeg4  ;D
« Last Edit: Aug 24, 2006 at 01:44 PM by av_phile1 »

Offline av_phile1

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Re: NTC, private sector working on transition to digital TV
« Reply #10 on: Jul 20, 2006 at 12:41 PM »
what? kaka fully paid ko lang yung RPTV ko...teka HDTV ready na pala yun.woohoo!

I think an HD-ready or HDTV ready set does NOT have a DIGITAL tuner.  That's the difference between an HDTV and an HDTV-ready set. 

So come 2015, the mandate is for the TV stations to transmit in the Digital format.  The digital format broadcast does not mean it's going to be HDTV, it can still be SDTV just  like what DREAM satellite cable delivers.    But either way, your HD-ready set will still need the proper set-top box to decode the digital broadcast.   ;D  Once decoded, it can be SDTV or HDTV, depending on the source signal.  If in HDTV, then your HDTV-ready set can display the full HD resolution. 

But no matter, if your RPTV is fully paid just now,  you can always have a new HDTV set (not just ready) come 2015.  After 9 years, it's always a good time to upgrade.   ;D

Offline Munskie

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Re: NTC, private sector working on transition to digital TV
« Reply #11 on: Aug 14, 2006 at 10:03 AM »
i have just watched a local talk show program in our cable channel which featured Dennis Uy, the owner of ACCTN (Angeles City Cable Television Network) and Comclark (cable internet).  Among the topics discussed in the talk show was his project of creating a WIFI network in the whole Clark area and his vision for his cable company.  I was surprised and glad that he said that his company will work on the infrastructure of sending Digital TV signal as early as next year.  He didnt divulge anymore details.  whther me HD content...that he didnt discuss.

Uy is an innovator in the local cable TV industry who introduced the use of cable boxes, pay per view, and cable load (pre paid cards).  Admitting that cable TV viewing is a luxury to most Filipinos (thats why he introduced Keybol prepaid cards---tingi na cable TV viewing), digital TV  broadcast is definitely something his company would have in the future.
« Last Edit: Aug 14, 2006 at 10:12 AM by Munskie »

Offline DViant

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Re: NTC, private sector working on transition to digital TV
« Reply #12 on: Aug 24, 2006 at 10:59 AM »
the article's too generic to be sure whether it is a transition deadline to hdtv or just plain digital TV.

Read more http://en.wikipedia.org/wiki/Digital_television

See this too http://en.wikipedia.org/wiki/List_of_digital_television_deployments_by_country#Philippines
« Last Edit: Aug 24, 2006 at 11:12 AM by DViant »

Offline av_phile1

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Re: NTC, private sector working on transition to digital TV
« Reply #13 on: Aug 24, 2006 at 01:48 PM »
I think they're just talking about digital broadcast.  Much like what the US is mandating by next year.  Whether the conent would be HD or SD would be left to the stations.

Offline bachwitz

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Re: NTC, private sector working on transition to digital TV
« Reply #14 on: Sep 07, 2006 at 11:04 AM »
NTC invites public to comment on digital TV policy

....... Earlier, the NTC told INQ7.net that the agency is working on guidelines to a proposed transition to digital television in 2015 in the Philippines.

NTC Deputy Commissioner Jorge Sarmiento said the agency aims to accept applications for digital TV licenses in 2007.

In 2010, the NTC plans to accept no applications for analog TV.


http://technology.inq7.net/infotech/infotech/view_article.php?article_id=19384

Offline krazy

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Re: NTC, private sector working on transition to digital TV
« Reply #15 on: Sep 07, 2006 at 08:27 PM »
I sure hope they choose the European DVB or the Japanese ISDB system for (H)DTV as those two are much easier to receive with a simple indoor antenna compared to the US ATSC system

Offline DViant

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Re: NTC, private sector working on transition to digital TV
« Reply #16 on: Sep 08, 2006 at 01:23 AM »
Link to the document. http://www.ntc.gov.ph/whatsnew/consultative%20doc%20DTT.pdf

Text of the document below

 
 
 
Consultative Document on
Digital Terrestrial Television (DT-T)
(01 September 2006)
 
 
I. Background
 
 The transition from analog television to digital TV broadcasting is expected
to generate as much interest and excitement as when black and white TV
transmission was converted to full color transmission more than fifty (50) years
ago. In addition to a much improved picture quality and higher resolution, digital
television technology has the capability to transmit more than one (1) program
(multiple-programming) over the same channel bandwidth that its analog
counterpart presently carries. And with digitalization, enhanced or value-added
services such as EPG (electronic program guide), weather and traffic data,
among others, can now be provided together with the normal TV broadcast
signal and/or program.
 
 In various parts of the world, a number of Administrations have
commenced the delivery of digital television broadcasting in their respective
jurisdictions. In the United States of America (USA), South Korea, and other
countries, the ATSC (Advanced Television Systems Committee) has been
adopted as the platform for the delivery of digital TV service. In Europe and in a
number of Asian countries, the Digital Video Broadcast (DVB) system is now
deployed and is currently providing multiple-program digital TV broadcast service
to their televiewers. Japan has likewise developed and implemented its own
ISDB (Integrated Services Digital Broadcast) system for its digital TV. The
Chinese have also designed their own standard, the DMB, for its digital TV
system.
 
 
Republic of the Philippines
Department of Transportation and Communications
NATIONAL TELECOMMUNICATIONS COMMISSION
BIR Road, East Triangle, Diliman, Quezon City
In countries where analog television is still in operation, a number of these
countries have already identified, at the very least, the platform upon which their
respective digital TV service shall be launched.
 
With these developments in the global arena, it is now timely and
appropriate for the Philippines to prepare for the entry of digital TV broadcast
service in the country. With several standards and systems now developed, an
assessment of these platforms is in order, with the end in view of identifying a
standard or a system most suitable for the country. And with the anticipated
regulatory and policy implications on the introduction of the digital TV service, the
need to comprehensively address the issues and challenges associated with this
new broadcast service becomes all the more necessary.
 
In order to keep abreast with these developments, the National
Telecommunications Commission (NTC) issued Office Order 05-01-2006
creating a Technical Working Group (TWG). This TWG was tasked to
recommend the standards and operational guidelines for our eventual migration
to digital terrestrial TV. Its composition include members from the network
operators and industry associations, such as the Kapisanan ng mga Brodkaster
sa Pilipinas (KBP). The TWG has completed its work and has submitted a report
for the consideration of the Commission. However, the Commission, at this time,
feels that it should reach out to a much broader-based consultation in its
contemplated move to establish guidelines and standards for digital terrestrial TV
(DT-T). Hence, this Consultative Document.
 
II. Questions and Issues for Comment
 
 This Section identifies the policy, legal, technical and other questions and
issues for which the Commission must seek input and comments from all
interested parties and stakeholders, and thus provide the Commission with the
technical and regulatory guidance for the inevitable entry of digital TV
broadcasting in the country.
 
A. Legal and Policy Issues
 
1. Should the NTC issue rules and/or guidelines for digital terrestrial
TV (DT-T)? Why or why not? What substantive or technical
considerations should such rules and/or guidelines cover?
 
2. Should existing analog TV operators be allowed to operate digital
TV system without having to secure each a separate authorization
from the Commission?
 
3. If and when digital terrestrial TV (DT-T) is introduced in this country,
would there be a need to require the termination of all analog TV
transmissions? If so, in what year should the NTC terminate or stop
all analog TV transmissions in the country? What considerations
should the Commission take into account in determining this cut-off
date?
 
4. With the introduction of DT-T, will the Commission continue to
accept applications for analog television? If not, when should the
NTC cease granting approvals of analog TV applications?
 
B. Technical Issues
 
1. What digital terrestrial TV standard should the Philippines adopt?
2.  What technical and substantive considerations should the NTC
take into account in determining the standard to be adopted for
digital TV?
3. What are the ideal or preferred frequency bands for digital
terrestrial TV?
 
C. Other Issues
 
1. Should the network operators be left to determine whether to
transmit in high-definition TV (HDTV) or standard definition TV
(SDTV) format?
 
2. Do you agree with the following statements? Please comment
 
?? The capability for mobile reception is an important factor which
digital terrestrial TV must address.
 
?? In the delivery of digital TV service, High Definition television
(HDTV) is best suited for the Philippine market as compared to
standard definition TV (SDTV).
 
III. Inputs and Comments
 
 The Commission wishes to emphasize that comments on this Consultative
Document need not be limited to the questions posed above, and all interested
parties are invited and encouraged to submit other views or comments which
they believe are relevant to this effort.
 
 The Commission requests that submissions be made in both hard and soft
copies, and addressed to :
 
 Ronald Olivar Solis
 Commissioner
 National Telecommunication Commission
BIR Rd., East Triangle
Diliman, Quezon City
E-mail : [email protected]
 
 
Jorge V. Sarmiento
Deputy Commissioner
National Telecommunications Commission
BIR Rd., East Triangle
Diliman, Quezon City
E-mail : [email protected]
 
 
Jaime M. Fortes, Jr.
 Deputy Commissioner
 National Telecommunications Commission
BIR Rd., East Triangle
Diliman, Quezon City
E-mail : [email protected]
 
 
 Responses to this Consultative Document should be submitted to the
above Offices on or before 5:00 p.m. of 29 September 2006.
 
 The Commission reserves the right to issue another consultative
document or come out with additional questions or issues in the interim, as part
of its administrative rule-making process. 
 
Finally, the Commission intends to publish all comments that it receives in
response to this consultative document, unless otherwise advised by the
concerned respondent. Therefore, submissions, or any part thereof, which are
considered by the respondent as confidential in nature should be marked
accordingly.
 
 Thank you and we look forward to the continued participation and support
of all concerned in this very critical and important effort in charting and shaping
the future of Philippine television.
 
 
RONALD OLIVAR SOLIS
Commissioner
 
 
 
 JORGE V. SARMIENTO    JAIME M. FORTES, JR
   Deputy Commissioner      Deputy commissioner
« Last Edit: Sep 08, 2006 at 01:30 AM by DViant »

Offline av_phile1

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Re: NTC, private sector working on transition to digital TV
« Reply #17 on: Sep 10, 2006 at 06:19 PM »
Attention legal eagles out there.  Can the NTC mandate going digital by 2015?  Wouldn't this require congressional action to have the force of law, like what the US did? 

« Last Edit: Sep 10, 2006 at 06:28 PM by av_phile1 »

Offline viper

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Re: NTC, private sector working on transition to digital TV
« Reply #18 on: Sep 14, 2006 at 07:11 PM »
We can look at it this way. When Philippine TV transitioned from black & white to color in the late 60's, it did not require the intervention of Congress. Using that as an argument, our solons should not meddle around with this transition from analog to digital. If thats how US did it for their transition, (involving their lawmakers) bahala sila. In my personal opinion, kaya na iyan ng NTC to issue guidelines in the transition. It is just a matter of time (or maiiwan tayo ng advances in digital TV) when digital terrestial TV is a reality here. Yung cable TV nga, digital transmission na in certain areas (Sky-Platinum), and this did not require any intervention from our 'hardworking' lawmakers, so ganun din dapat sa terrestial TV.

Offline av_phile1

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Re: NTC, private sector working on transition to digital TV
« Reply #19 on: Sep 15, 2006 at 01:18 AM »
We can look at it this way. When Philippine TV transitioned from black & white to color in the late 60's, it did not require the intervention of Congress. Using that as an argument, our solons should not meddle around with this transition from analog to digital. If thats how US did it for their transition, (involving their lawmakers) bahala sila. In my personal opinion, kaya na iyan ng NTC to issue guidelines in the transition. It is just a matter of time (or maiiwan tayo ng advances in digital TV) when digital terrestial TV is a reality here. Yung cable TV nga, digital transmission na in certain areas (Sky-Platinum), and this did not require any intervention from our 'hardworking' lawmakers, so ganun din dapat sa terrestial TV.

My understanding is that government bureaus, agencies and commissions are there to IMPLEMENT the law.  The NTC, like any commission, issues guidelines. Correct.  But  these guidelines stem from implementing existing mandates from legislated acts of congress or laws.  Tell me,  what existing Republic Act is there that will empower the NTC to issue guidelines for a shift from analog to digital Off The Air broadcast?   I don't think there are any.

All that the NTC are doing now is making a consultative effort to study and gather data and opinions on a shift that most other nations are already doing, preparatory to making a recommendation to congress.  Same with the National Telecommunications and Information Administration (NTIA) of the U.S. Department of Commerce which also prepared a report to congress recommending the current law to shift to digital and upon its enactment, has issued the implementing guidelines to carry out the law.

I reckon it will be the same here.  Ofcourse I could be wrong.   I just want the opinions of legal experts.

The US Law mandating the shift from analog to digital was extended from December 31, 2006 to February 17,  2009 requiring ALL Off The Air broadcast stations to switch off their analog transmission and go purely digital on that date.  No ifs no buts.  End of analog transmission.  Period.  That means ALL of the network TV stations thrash their exisitng analog transmiting equipment and install new digital equipment.  Right now, most US OTA stations are already transmitting in both modes, until Feb 17 2009, when they switch off analog broadcast entirely.  Such a draconian shift in broadcast mode on that day will render ALL analog TV sets in the hands of US consumers garbage instantly. If the consumer wants to watch TV, he has no choice but to go digital, either by getting a new digital TV set or use a set-top ADC box. 

Something similar will happen here.  But without the pertinent law for this, the NTC has no footing to issue guidelines.  The extent of such a mandatory move cannot be covered by mere guidelines that I think have no basis in law right now.

Your comparison with the shft from B/W to color is not even close.  Because while studios started transmitting in color on their own volition, the consumer was FREE to choose if he wanted to watch color TV or not.   Whichever way he choice, he could still watch his favourite program.  And there are still B/W sets these days.  That won't happen with a shift to digital broadcast.  You either go digital or you can't watch anything on your analog TV.   Same with the emergence of digital satellite cables.  The consumer is FREE to choose which cable provider to get.  There is no interference to the people's freedom of choice.   In contrast, this mandate to shift from analog to digital TV broadcast effectively curtails the public's choice between the two modes and summarily mandates corporations and consumers to thrash their analog equipment.  And since it will have dramatic economic impact on large segments of the public, for this alone, I think legislation is needed.
« Last Edit: Sep 16, 2006 at 07:33 AM by av_phile1 »

Offline viper

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Re: NTC, private sector working on transition to digital TV
« Reply #20 on: Sep 16, 2006 at 11:18 PM »
I agree that congress may enact a law that would mandate the transition from analog to digital TV for all broadcasters. What I am averse to is for NTC to sit  on all applications for Digital Television and wait for congress to enact a law that would provide for the guidelines in the transition. NTC can issue such guidelines for the operation of digital television stations after the required consultation and public hearings. That is their main function even without an enabling law specifically for digital TV

As far as when we turn off all analog TV stations (2015?), thats where congress may come in considering that not all broadcasters may have the ability to finance the move to digital. Although 2015 have been floated around as a turn off date, if NTC can implement its self imposed guideline of not issuing new analog TV permits by 2010 then by attrition existing players shall be compelled to move to digital even.

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Re: NTC, private sector working on transition to digital TV
« Reply #21 on: Sep 17, 2006 at 10:18 AM »
Attrition can work, but I doubt if soon enough.  It took the US about 20  years to have this thing going.  It began in the late 80s when the FCC, just like what the NTC is doing now, started soliciting proposals from TV broadcasters and the publics concerned about a new TV broadcast standard.  Then they drafted guidelines for this shift requiring  stations to shift to digital by 2007 with an escape clause that said 85% of the households in a franchise area should be digital ready by then.   Nothing really much happened with that initiative.  I really doubt if commisions have the teeth to get this kind of thing done.  Ofcourse the influx of digital TV sets in the US markets in the late 90s did encourage some US broadcasters to invest in digital broadcast gears that resulted in the broadcast of some major sports events digitally, but more as an experiment than anything.   But it appeared it required congressional fiat to make the mandate something that will be followed with finality.  So in Feb this year, the law was signed and they now have just 3 more years to make that shift to digital a reality.   ;D

Here, we all know how some groups mushroom just to question resolutions and mandates from such bureaus and commissions, even congressional acts.  And they just might even drag the Supreme Court into it.   ;D

 
« Last Edit: Sep 17, 2006 at 04:45 PM by av_phile1 »

Offline barrister

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Re: NTC, private sector working on transition to digital TV
« Reply #22 on: Sep 17, 2006 at 10:58 PM »
Attention legal eagles out there.  Can the NTC mandate going digital by 2015?  Wouldn't this require congressional action to have the force of law, like what the US did? 

Good question.

We can look at it this way. When Philippine TV transitioned from black & white to color in the late 60's, it did not require the intervention of Congress. ...

Yung cable TV nga, digital transmission na in certain areas (Sky-Platinum), and this did not require any intervention from our 'hardworking' lawmakers, so ganun din dapat sa terrestial TV.

Korek ka jan: walang problema ang upgrade to color TV.  Hindi naman kasi pinagbawal ang black & white TV.

Ganun din sa digital transmission:  nadagdagan ng digital TV, pero hindi naman pinagbawal ang analog TV.

Pero ang tanong ni av_phile1 - Does the NTC have the legal authority to prohibit analog broadcasts even without a law passed by the legislature?


My understanding is that government bureaus, agencies and commissions are there to IMPLEMENT the law.  The NTC, like any commission, issues guidelines. Correct.  But  these guidelines stem from implementing existing mandates from legislated acts of congress or laws.  Tell me,  what existing Republic Act is there that will empower the NTC to issue guidelines for a shift from analog to digital Off The Air broadcast?   I don't think there are any.

Alam na natin ang 3 branches of government:  Legislative, Executive and Judiciary.  The NTC is an administrative body that falls under the Executive branch.

Generally speaking, sir av_phile1's legal priciples are correct.  An administrative agency has the power to promulgate  rules and regulations to implement laws enacted by congress.  However, the said rules cannot exceed the provisions of the law it seeks to implement.

The power to issue legislative franchises (also called congressional franchise) to operate public utilities is a Legislative power that properly belongs to congress. 

However, this legislative power may also be delegated by law to the Executive branch.

Thus, the question now is whether or not the NTC has the delegated power to grant TV franchises. May the NTC prohibit analog broadcasts by refusing to issue permits for applicants who will operate analog TV stations? 

My opinion is YES.   

Bakit?  The delegated power was given to the Executive branch by President Marcos, who was at the time in possession of legislative power through his PDs and EOs.

Here's the history of franchise and permit requirements for TV broadcast services in the Philippines, according to the case of ACW vs. Dumlao (2002):

In 1974, Presidential Decree No. 576-A[5] (“PD 576-A” for brevity) took effect providing for the regulation of radio and television broadcast services in the country.  Effective December 31, 1981, PD 576-A[6] terminated all franchises, grants, licenses, permits, certificates or other forms of authority to operate radio or television broadcasting systems.  PD 576-A conferred on the Board of Communications and the Secretary of Public Works and Communications the power to grant permits to operate radio or TV broadcast stations.  The exercise of this power was made appealable to the Office of the President.

xxx

In 1979, Executive Order No. 546[7] (“EO 546” for brevity) created the Ministry of Public Works and the Ministry of Transportation and Communications.  EO 546 merged the Board of Communications and the Telecommunications Control Bureau into a single entity called the National Telecommunications Commission under the Ministry of Transportation and Communications.[8]  EO 546 vested in the NTC the power to grant permits for the operation of radio and television stations.  Specifically, subparagraphs (a) and (c) of EO 546 provide as follows:

“Section 15.  Functions of the Commission. – The Commission shall exercise the following functions:

a. Issue Certificate of Public Convenience for the operation of communications utilities and services, radio communications systems, wire or wireless telephone or telegraph systems, radio and television broadcasting systems and other similar public utilities;

x x x

b. Grant permits for the use of radio frequencies for wireless telephone and telegraph systems and radio communications systems including amateur radio stations and radio and television broadcasting systems...




Since Congress has never repealed P.D. No. 576-A and E.O. No. 546, the NTC has been issuing and/or renewing  permits pursuant to the said P.D. No. 576-A and E.O. No. 546.  As a result of doubts concerning the NTC’s power to issue permits and/or authorizations in the absence of a legislative franchise, the NTC requested a legal opinion from the Department of Justice. 

In a DOJ opinion dated 20 June 1991, then Justice Secretary Drilon replied:


Republika ng Pilipinas
KAGAWARAN NG KATARUNGAN
Department of Justice
Manila
June 20, 1991

Ms. Josefina T. Lichauco
Acting Commissioner
National Telecommunications Commission
865 Vibal Bldg. EDSA Cor. Times St.
Quezon City

Madam:

This refers to your request for opinion on the power of the National Telecommunications Commission (NTC) to issue permits to radio and TV broadcast stations with no legislative franchise. ...


xxx


As we see it, the pivotal issue to be resolved is whether or not under P.D. No. 576-A and E.O. No. 546, NTC may issue permits or authorizations to operate radio and television broadcasting systems without need of a prior franchise as required under Section 1 of Act No. 3846, as amended.

xxx

We believe that under P.D. No. 576-A dated November 11, 1974 and prior to the issuance of E.O. No. 546 dated July 23, 1979, the NTC then Board of communications, had no authority to issue permits or authorizations to operate radio and televisions broadcasting systems without a franchise first being obtained pursuant to Section 1 of Act no. 3846, as amended. ...

xxx

... The franchise is the privilege granted by the State through its legislative body and is subject to regulation by the State itself by virtue of its police power through its administrative agencies (RCPI vs. NTC; 150 SCRA 450). The permit and license are the administrative authorization issued by the administrative agency in the exercise of regulation. It is clear that what was transferred to the Board of Communications and the Secretary of Commerce and Industry under Section 6 of P.D. No. 576-A was merely the regulatory powers vested solely in the Secretary of Commerce and Industry under /Section 2 of Act No. 3846, as amended. The franchising authority was retained by the then incumbent President as repository of legislative power under Martial Law, as is clearly indicated in the first WHEREAS clause of P.D. No. 576-A, to wit: “WHEREAS, the President of the Philippines is empowered under the Constitution to review and approve franchises for public utilities.” Of course, under the Constitution, said power (the power to review and approve franchises), belongs to the lawmaking body (Sec. 5, Art. XIV, 1973 Constitution; Sec. 11, Art XII, 1987 Constitution). ...

xxx

The corollary question to be resolved is: Has E.O. No. 546 (which is a law issued pursuant to P.D. No. 1416, as amended by P.D. No. 1771 granting the then President continuing authority to reorganize the administrative structure of the national government) modified the franchising and licensing arrangement for radio and television broadcasting systems under P.D. No. 576-A?

We believe so.

E.O. No. 546 integrated the Board of Communications and the Telecommunications Bureau into a single entity known as the NTC (see Sec. 14), and vested the new body with broad powers, among them, the power to issue Certificates of Public Convenience for the operation of communications utilities, including radio and television broadcasting systems and the power to grant permits for the use of radio frequencies (Sec. 15[a] and [c], supra). Additionally, NTC was vested with broad rule-making authority “to encourage a larger and more effective use of communications, radio and television broadcasting facilities, and to maintain effective competition among private entities in these activities whenever the Commission finds it reasonably feasible” (Sec. 15[f]).

In the recent case of Albany vs. Reyes (175 SCRA 264), the Supreme Court held that “franchises issued by Congress are not required before each and every public utility may operate”. Administrative agencies may be empowered by law “to grant licenses for or to authorize the operation of certain public utilities”. The Supreme Court stated that the provision in the Constitution (Article XII, Section II) “that the issuance of a franchise, certificate or other form of authorization for the operation of a public utility shall be subject to amendment, alteration or repeal by Congress, does not necessarily imply . . . that only congress has the power to grant such authorization. Our statute books are replete wit laws granting specified agencies in the Executive Branch the power to issue such authorization for certain classes of public utilities”.

We believe the E.O. No. 546 is one law which authorizes an administrative agency, the NTC, to issue authorizations for the operation of radio and television broadcasting systems without need of a prior franchise issued by Congress.

Based on all the foregoing, we hold the view that NTC is empowered under E.O. No. 546 to issue authorizations and permits to operate radio and television broadcasting systems.

Very truly yours,
(SIGNED) FRANKLIN M. DRILON
Secretary




« Last Edit: Sep 18, 2006 at 09:53 AM by barrister »

Offline av_phile1

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Re: NTC, private sector working on transition to digital TV
« Reply #23 on: Sep 18, 2006 at 07:50 AM »
Thus, the question now is whether or not the NTC has the delegated power to grant TV franchises. May the NTC prohibit analog broadcasts by refusing to issue permits for applicants who will operate analog TV stations? 

My opinion is YES.   


Based on all the foregoing, we hold the view that NTC is empowered under E.O. No. 546 to issue authorizations and permits to operate radio and television broadcasting systems.



Thanks Barrister for that concise but clarifying post.  The NTC's authority to issue permits/licenses is now clear.

But I have to ask if that same authority can disenfranchise large segments of the public by changing the broadcast standard. 

I see no problem not issuing permits for NEW industry players.  But it seems to me that with the mandate for a new broadcast standard, the NTC will not RENEW licences to existing TV stations if they don't go digital.  This essentially requires these broadcasters to thrash their analog broadcast gears and invest in new gears.  At the same time it will be mandating consumers to thrash their analog TVs.  It doesn't declare the use of analog TVs illegal, but the effect is the same.  Go digital or you can't watch your favourtie programs anymore. 

Perhaps it will be different if the NTC can allow both analog and digital broadcast to co-exist.  The old players can still transmit in analog while only new players with digital gears will be permitted.  Then the public would have this choice to go digital or not. Either way, their choice is not imparied and can watch their favourite program either way.  Same way the shift from B&W to color TV happened. 

But if the NTC is following the trends in the US, Britain and Japan, where the mandate is just for ONE and only one broadcast standard that will deprive millions owning analog TV sets to watch their favourites shows, exercising the same authority delegated by the executive branch to the NTC I think now EXCEEDS the letter and SPIRIT of the law.  I don't think the relevant laws and PDs were enacted at that a time when digital broadcast was even a possibility or that a shift to one standard having severe economic impact was even contemplated in drafting that law, is it?

The supreme court ruling and the PDs seem to have assumed that the broadcast standard will be the same forever.  And the authority to issue permits to operate within that standard simply becomes ministerial.  But when the authority starts to impinge on that standard with dire economic effects to large segments of the population, is that still covered in those same laws?
« Last Edit: Sep 18, 2006 at 08:13 AM by av_phile1 »

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Re: NTC, private sector working on transition to digital TV
« Reply #24 on: Sep 18, 2006 at 09:01 AM »
I predict magkakaroon ng demand for a digital to analog box!  One that would receive the digital broadcast and convert the signal to analog for your analog TV.

I'm sure meron na nito somewhere.  I wonder how much it cost? :D

Offline av_phile1

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Re: NTC, private sector working on transition to digital TV
« Reply #25 on: Sep 18, 2006 at 09:24 AM »
There are already such set-top ADC boxes in the US.  Don't have the price but it's within mass reach (there not here. ;D)   But I've read those boxes don't support the added interactivity features of digital TV sets.  IOW, it won't be the same as getting a digital TV. 

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Re: NTC, private sector working on transition to digital TV
« Reply #26 on: Sep 18, 2006 at 10:25 AM »
There are already such set-top ADC boxes in the US.  Don't have the price but it's within mass reach (there not here. ;D)   But I've read those boxes don't support the added interactivity features of digital TV sets.  IOW, it won't be the same as getting a digital TV. 

true... but it won't render your analog tv obsolete overnight.  There is a window of opportunity here.  Not everybody is itching to jump to the digital bandwagon right away.  In this part of the world, ATTRITION is still the name of the game.  ;D

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Re: NTC, private sector working on transition to digital TV
« Reply #27 on: Sep 18, 2006 at 10:50 AM »
Going digital broadcast will not make your analog sets TOTALLY obsolete, precisely because there are ADC boxes that sprouted when the market need to address the obsolesence became an opportunity for entrepreneurs to do business in.    But the shift to digital will require you to spend for such boxes if you want to watch anything on your analog TV.

And yes, attrition can do the job.  That was what the US was hoping for when their FCC issued the guidelines.  But that didn't do much.   I suppose a congressional act is needed to hasten things up.    And in this part of the world, congressional acts can be questioned before the supreme court.  What more about mere guidelines from a commission.  Like I opined in my earlier post, Pinoys can drag the SC into the issue.   ;D  O well, 2015 is still a long way off.  Anything can happen in between. 
« Last Edit: Sep 18, 2006 at 11:09 AM by av_phile1 »

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Re: NTC, private sector working on transition to digital TV
« Reply #28 on: Sep 18, 2006 at 10:56 AM »
I predict magkakaroon ng demand for a digital to analog box!  One that would receive the digital broadcast and convert the signal to analog for your analog TV.

I'm sure meron na nito somewhere.  I wonder how much it cost? :D

There's lots of D to A set top boxes available in Europe, one highly-rated box sold in the UK is the Digihome DVB915 Freeview receiver which costs the equivalent of about P2,500

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Re: NTC, private sector working on transition to digital TV
« Reply #29 on: Sep 18, 2006 at 10:58 AM »
Thanks Barrister for that concise but clarifying post.  The NTC's authority to issue permits/licenses is now clear.

Bosing, sa totoo lang, hindi pa rin malinaw.   ;D ;D ;D

My original post was actually twice as long.  I had to edit it kasi maximum of 1,500 words lang pala dito per post, pero hindi na ako gumawa ng part II ng post ko since I didn't want to bore our other members with excessive legalese.  The only problem is that legal precision is sacrificed, to the detriment of members who expect nothing less.

Para malinaw, let's start with basic legal principles:

1. The only opinions binding on our legal system are Supreme Court decisions.
2. Decisions from lower Courts and administrative bodies such as the NTC and the DOJ are not controlling.
3. Thus, the DOJ opinion cited in my post above does not have any binding effect.

There is no definite answer to the question of whether or not the NTC can validly prohibit analog broadcasts by the exepedient of refusing to issue or renew permits to analog TV stations.  My opinion is that the NTC can, but that's only an opinion, which is of course only as good as any other opinion.

Link na lang para hindi sobrang haba:

The case of ACW vs. Dumlao cited in my previous post:  http://www.supremecourt.gov.ph/jurisprudence/2002/nov2002/136762.htm

On a technicality, ACW's certiorari was dismissed for failure to exhaust administrative remedies (the doctrine of "primary jurisdiction", which mandates that administrative remedies must first be resorted to their conclusion before a judicial remedy can be entertained).

The subsequent case of ACW vs. NTC: http://www.supremecourt.gov.ph/jurisprudence/2003/feb2003/144109.htm


Sa introductory statement pa lang, the Court acknowledged the prevailing confusion:

For many years now, there has been a “pervading confusion in the state of affairs of the broadcast industry brought about by conflicting laws, decrees, executive orders and other pronouncements promulgated during the Martial Law regime.” The question that has taken a long life is whether the operation of a radio or television station requires a congressional franchise.  The Court shall now lay to rest the issue.

The Supreme Court clarified that a congressional franchise is required for the operation of a TV station:

Petitioner, however, cannot rely on DOJ Opinion No. 98 as this opinion is merely persuasive and not necessarily controlling.  As shown above, the opinion is erroneous insofar as it holds that E.O. No. 546 dispenses with the requirement of a congressional franchise to operate radio and television stations.  ...

xxx

The call to dispense with the requisite legislative franchise must, however, be addressed to Congress as the lawmaker of the land for the Court’s function is to interpret and not to rewrite the law.  As long as the law remains unchanged, the requirement of a franchise to operate a television station must be upheld.



But I have to ask if that same authority can disenfranchise large segments of the public by changing the broadcast standard. 

I see no problem not issuing permits for NEW industry players.  But it seems to me that with the mandate for a new broadcast standard, the NTC will not RENEW licences to existing TV stations if they don't go digital.  This essentially requires these broadcasters to thrash their analog broadcast gears and invest in new gears.  At the same time it will be mandating consumers to thrash their analog TVs. 


You hit the nail right on the head.

Let me restate my views for the sake of clarity: My opinion is that the NTC has the power to prohibit analog broadcasts by the expedient of refusing to issue or renew permits to analog TV stations.  Based on E.O. No. 546 (a Martial Law Executive Order that has the force and effect of law), the NTC is empowered to issue authorizations and permits to operate TV broadcasting systems.

Eto ngayon ang magandang arguments against my view:

In the above-cited case of ACW vs. NTC (2003), the Supreme Court rejected DOJ Opinion No. 98, and held that a congressional franchise is still required.  The Court further held that a CPC (Certificate of Public Convenience) may be issued by the NTC only after issuance of the congressional franchise.

After a franchise to operate a TV station is issued by congress without mentioning therein any restriction as to digital broadcasts, the NTC cannot refuse to issue or renew an authorization/permit to operate an analog TV system especially where the applicant has already invested millions in analog equipment.  

The NTC's power to issue authorizations and permits is merely regulatory in nature and cannot be so broad as to amend the franchise already issued by congress.  To require a shift to digital broadcasting without congressional authority is beyond the scope of the NTC's regulatory powers and is confiscatory in nature because it is tantamount to being an unconstitutional deprivation of property without due process of law.

As I said, opinion lang ang sa akin, and I'll be the first to admit that my legal bases are pretty shaky at the moment.   ;D ;D ;D

Bos av_phile1, kung lawyer ka, kikita ka siguro sa kasong ito.  ;D ;D ;D    
« Last Edit: Sep 18, 2006 at 11:35 AM by barrister »