Professional Documents
Culture Documents
24 September 2004
MEMORANDUM CIRCULAR
No. ______________________
SUBJECT:
Band B :
Band C :
Band D :
Band E :
2010 2025MHz
The allocation will allow the entry of three (3) WCDMA players, one (1)
CDMA2000 player and one (1) TDD player, maximize the allocation of the 3G
bandwidths to all 3 existing technologies, ensure compliance with the
requirement of technology neutrality and foster more effective competition
through the reduction of the probability of formation of cartels.
SECTION 2.
SECTION 3.
g.
Must submit a written undertaking that is shall allow the sharing of its
network and facilities with other 3G players in areas where demand does not
allow more than one (1) 3G network.
SECTION 4.
i.
Must submit a written undertaking that it shall abide by the terms and
conditions set by the Commission in cases where its negotiations for
interconnection, sharing of networks and facilities and/or roaming fail to
reach agreements within ninety (90) days from date of the start of
negotiations for the same.
j.
Must submit a 5-year roll-out plan to cover at least 80% of the provincial
capital towns/cities and 80% of the chartered cities.
SECTION 5.
PERFORMANCE BONDS
All applicants for the 3G service shall post performance bond equivalent to
PHP300M. The performance bond shall be submitted to the Commission not later
than sixty (60) days from the effectivity of this Circular.
SECTION 6.
UPFRONT PAYMENT
If the number of qualified applicants does not exceed the allocated 3G radio
frequency bands, each qualified applicant shall make an upfront payment of
PhP450 million.
Where the number of qualified applicants exceeds the allocated 3G frequency
bands, the Commission shall conduct bidding to determine who among the
qualified applicants shall be assigned the 3G frequency bands. The bid floor price
shall be PhP450 million.
The upfront payment shall be paid not later than thirty (30) days from the date
the 3G radio frequencies are assigned.
Where an assignee of the herein allocated 3G radio frequency bands fails to pay
the aforesaid amount within the prescribed period, he shall be declared in default
and the 3G radio frequency assignment voided and reverted back to the
Commission. The bid security bond and/or the performance bond shall be
forfeited in favor of the Commission.
SECTION 7.
cover at least 80% of the provincial capital cities and towns and 80% of the
chartered cities within five (5) years from date of award;
share its 3G network and facilities with other 3G players in areas where
demand does not allow more than one 3G network at mutually agreed prices
or at prices set by the Commission;
All assignees of 3G radio frequencies shall within one hundred twenty (120) days
from date of assignment of the 3G radio frequencies shall jointly submit to the
Commission list of areas where sharing of networks and facilities shall be
implemented including the pricing for the use of the networks and facilities.
j.
Where parties fail to enter into a mutual agreement within ninety (90) days from
the start of commercial operations of the 3G operators, the Commission shall
prescribe the terms and conditions for roaming. The terms and conditions for
roaming prescribed by the Commission shall only be effective for a period not
exceeding three (3) years.
SANCTIONS
3G network operators shall at all times be updated in the payment of the annual
SUF. Failure to settle outstanding SUF within the specifie d period shall be
ground for the recall of the assigned 3G radio frequency bands.
The failure of 3G network operators to fail to comply with any of the obligations
specified in Section 8 hereof shall be a cause for the cancellation of their
authority to provide 3G services.
KATHLEEN G. HECETA
Deputy Commissioner
JORGE V. SARMIENTO
Deputy Commissioner