Professional Documents
Culture Documents
Joy C Belencio
It includes every person who may own, operate, manage or control in the Philippines for hire or compensation, with general or limited clientele, whether permanent, occasional or accidental and done for general business purposes, any common carrier, railroad, street railway, subway motor vehicle, steamboat, or steamship line, ferries and water craft shipyard, ice-plant, electric light, heat power or any other public utility
Replacement of PSC
Land Transportation Office and Land Transportation, Franchising and Regulatory Board
Land transportation
telecommunication
Replacement of PSC
Board of Energy (the power utilities Regulatory Board, now the and services regulatory Commission operation of National Electrification electric Administration companies National Water Resources Waterworks Council water Marine Industry Authority transportation
Regular courts, and not Board of Energy, have a proper jurisdiction over a case filed by a consumer seeking from MERALCO the showing how it arrived at the purchased power adjustment, to which information consumer of electricity are entitled under Revised Order 1 issued by the then PSC.
PUBLIC UTILITY
Is a business or service engage in regularly supplying the public with some commodity or service of public consequence such as electricity, gas, water, transportation, telephone or telegraph service.
Public Utility
Citizens of the Philippines Corporations or associations organized under Philippine laws where 60% of the capital is owned by Filipino
Non-Exclusivity of Franchises
Shall not be exclusive in character or for a period longer than 50 years shall be subject to amendment, alteration or repeal by the Congress when the common good so requires.
Non-Exclusivity of Franchises
Pilipino Telephone Corporation v NTC 410 SCRA 82 (2003)
Every franchise, certificate or authority to operate a public utility is by constitutional mandate, non exclusive.
Rate is defined as
A charge, payment or price fixed according to a ratio, scale or standard an amount paid or charged for a good or service
Rate of return
This court has consistently adopted a 12% rate of rate of return for public utilities
Income Taxes Cannot be included in computation of Operating expenses for Public Utility
Republic v Meralco 391 SCRA 700 (2002) Issue: Is Meralco correct in including income tax payments a part of the expense for determining the base of the returns? Held: No, Income tax should not be included in the computation of operating expenses of a public utility, Since income tax paid by the public utility is not consistent with the nature of operating expenses
Mass Media
Is a medium of communication that is designed to reach the mass of the people and that tends to set the standards, ideals and aims of the masses
Coverage of Telecommunications
Telecommunication is
any process Which enables a telecommunications entity to relay and receive Voice, data, electronic messages, Written or printed manner Fixed or moving pictures, words, music or visible or audible signal or any control signal of any design and for any purpose By wire, radio or other electromagnetic, spectral, optical or technological means (Sec 3 [a] R.A. 7925)
Coverage of Telecommunications
Prohibition on CrossOwnership
No single franchise shall authorize an entity to engage in both telecommunications and broadcasting entities
shall make bona fide public offering through the stock exchanges of at least 30% of aggregate common stock with the period of 5 years from its affectivity or the entitys first start of commercial operation, whichever date is later
Internet
Is a giant network which interconnects innumerable smaller groups of linked computer networks, which offers three broad types of service
Electronic mail (email) Bulletin Board System (bbs) World wide web (www)
Internet business does not fall within the coverage of the constitutional mandate limiting ownership and management of mass media to citizens of the Philippines or whollyowned and managed Philippine Corporations
An entity which relying on the transmission switching and local distribution facilities of the local exchange and inter-exchanged operators, and overseas carrier, offers enhanced services beyond those ordinarily provided for by such carriers VAS providers need not secure a franchise, provided that they do not put up their own network
Broadcasting Industry
Broadcast
transmit over-the-air commercial radio or television messages for the reception of a broad audience in a geographical area
Broadcasting
Covers the transmission of and television programs that are intended for general public reception;
Is a facility which receives television and radio signals by means of high antenna or by microwave transmission, amplifies them and distributes them by coaxial cables to the premise of its subscriber who pays a fee for the service
Cable TV
owned and managed by Filipino Citizens or corporations, cooperatives and associations, wholly-owned and managed by Filipino Citizens pursuant to the mandate of the Constitutions Regulated by NTC separately from Telecommunications and Broadcasting Carry Advertisements
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