Section 10Sec./Art. 10

Administrative Fines and Penalties. - The National Telecommunications Commission (NTC) is hereby authorized to impose the following fines for violations of this Act:

(a) A fine of Ten thousand pesos (₱10,000.00) where portability is not performed within the periods allowed under this Act, but delivered by the mobile service provider on or before the complaint under Section 11 hereof is filed, or delivered after and in accordance with agreements arrived at in mediation under Section 11 hereof.

(b) A fine of not less than Forty thousand pesos (₱40,000.00) where MNP is unjustly refused even after mediation.1wphi1

(c) A fine of not less than One hundred thousand pesos (₱100,000.00) up to Three hundred thousand pesos (₱300,000.00) for the second to the fourth instance where MNP is unjustly refused even after mediation.

(d) A fine of not less than Four hundred thousand pesos (₱400,000.00) up to One million pesos (₱1,000,000.00) and revocation of the PTEs franchise to operate for the fifth and subsequent instances if MNP is unjustly refused even after mediation.

In case the mobile service provider is a VNO, and it is proven that it failed to comply with any of its obligations, including delay in the transmission of a porting application to its host PTE or unjust refusal to process an MNP application from its subscribers, the same penalties shall apply. In case it is proven that the host PTE delayed or unjustly refused to process a porting application transmitted by a VNO, the host PTE shall be solidarily liable for such offense and the same penalties shall apply.

The NTC is also hereby authorized to award the subscriber damages not to exceed Forty thousand pesos (₱40,000.00).1wphi1 The NTC shall impose and collect the appropriate fines from the mobile service providers who are in violation of this Act. The amount to be collected from the fines shall be remitted to the National Treasury.