Amending Certain Provisions of Memorandum Order No. 001, S. 2018

April 13, 2018

DICT MEMORANDUM ORDER NO. 2, S. 2018

AMENDING CERTAIN PROVISIONS OF MEMORANDUM ORDER NO. 001, SERIES OF 2018 OR THE "POLICY GUIDELINES FOR THE ENTRY OF A NEW MAJOR PLAYER IN THE PUBLIC TELECOMMUNICATIONS MARKET"

In the exigency of the service and to ensure the successful entry of a new major player (NMP) in the public telecommunications market, consistent with Administrative Order (AO) No. 11 dated 06 April 2018 issued by President Rodrigo R. Duterte, there is a need to amend certain provisions of the DICT Memorandum Order No. 001, series of 2018 dated 08 January 2018.

SECTION 1. Section 1 of DICT Memorandum Order No. 001, series of 2018 is hereby amended to read as follows:

"SECTION 1. Qualifications. — Applicant shall have the following minimum qualifications:

a. Legal Qualification: Holder of a Congressional Franchise that is not a Related Party 1 to any Dominant Telecommunications Player and has no outstanding liabilities with the National Telecommunications Commission as of 31 January 2018. CAIHTE

b. Financial Capability: Applicant must have a paid in capital of at least Ten Billion Pesos (Php10 Billion) as indicated in its latest audited financial statements.

c. Technical Capability: Applicant must have experience in the provisioning, delivery, and operations of telecommunications services for the last five (5) years."

SECTION 2. Section 2 of DICT Memorandum Order No. 001, series of 2018 is hereby amended to read as follows:

"SECTION 2. Criteria for Selection. The applicant with the highest committed level of service and/or highest committed investment for the first five (5) years shall be the NMP. This is without prejudice to the formulation of a new selection criteria or modification thereof by the NTC, in consultation with DICT and the Oversight Committee created under Administrative Order No. 11 dated 06 April 2018."

SECTION 3. Section 4 of DICT Memorandum Order No. 001, series of 2018 is hereby amended to read as follows:

"SECTION 4. Issuance of a Memorandum Circular. The NTC, with the assistance of the Oversight Committee, shall promulgate the Memorandum Circular containing the Terms of Reference for the selection and the assignment of radio frequencies for the NMP in a timely manner."

SECTION 4. Repeal Clause. — All other orders, issuances, or parts thereof, which are inconsistent with any of the provisions herein, are hereby repealed or modified accordingly. DETACa

SECTION 5. Saving and Separability Clause. — If any provision of this Order is declared invalid, the other provisions not affected thereby shall remain valid and subsisting. It is also understood that all other provisions under DICT Memorandum Order No. 001, series of 2018 remain in force.

SECTION 6. Effectivity Clause. — This Order shall take effect immediately.

DONE, in Quezon City, this 13th day of April, in the year of Two Thousand and Eighteen. aDSIHc

(SGD.) ELISEO M. RIO, JR.Officer-in-Charge, DICT

Footnotes

1. As defined under SEC Memorandum Circular No. 19 series of 2016 dated 22 November 2016.