Section 10Sec./Art. 10

Spectrum Management Policy Framework. - An SMPF shall be formulated to ensure that the spectrum is managed in a manner that ensures fair competition, supports adaptability to technological advancements, and maximizes the efficient use of this resource among all registered DTIPs, in accordance with international conventions, standards, and developments, and other pertinent laws. The SMPF shall contain the national policies and guiding principles to govern the management of spectrum, including, among others, spectrum valuation and pricing, spectrum allocation, and spectrum assignment for public, private, and government use.

Within three (3) months from the effectivity of the IRR of this Act, the NTC shall initiate and complete a review of the existing spectrum allocations and assignments, in coordination with the DICT. Upon completion of the review, the NTC shall provide the DICT with recommendations to enhance the efficiency and optimization of spectrum management, which shall serve as a basis for the development of the SMPF. The SMPF shall be promulgated by the DICT, in coordination with the NTC and the PCC, within one (1) year from the effectivity of the IRR of this Act, and shall be reviewed annually and updated every four (4) years or as necessary.

The SMPF shall include, as a minimum, policies on the following:

(a) Methodologies for spectrum valuation and pricing;

(b) Procedures for spectrum assignment, ensuring the efficient and optimal use of this finite resources, including defined validity periods and corresponding obligations for spectrum grantees;

(c) Processes for joint use or co-use application designed to promote collaborative and equitable access to spectrum resources, requiring detailed submissions to be made transparent, including the nature of joint use or co-use, parties involved, and the rationale for application;

(d) Rules and procedures for spectrum recall, ensuring systematic reevaluation and reassignment where necessary, after consultations with affected licenses and stakeholders. The SMPF shall be designed to facilitate the transition, reallocation, and reassignment of spectrum bands and licenses, aligning with evolving sector needs and efficient spectrum use;

(e) The determination of unutilized or underutilized spectrum and the procedures of spectrum recall: Provided, That all spectrum determined to be unutilized or underutilized shall be subject to such spectrum recall procedures by the NTC within one (1) year from the effectivity of the SMPF;

(f) A mandate for the NTC to publish on its website, decisions related to spectrum assignments, joint use and co-use applications, and spectrum recalls, to allow public access and to maintain an archive for future reference;

(g) A mandate for the NTC to act promptly on applications of DTIPs for permits to import equipment. Any application for a permit to import equipment not acted on by the NTC within seven (7) days shall be deemed approved;

(h) Reserved frequencies for government use such as those for emergency and national security purposes;

(i) The authority for the NTC to motu proprio or upon complaint.petition by any interested party, recall the spectrum assignment of a DTIP if it finds, after due process, that such DTIP has unutilized or underutilized spectrum pursuant to the provisions of this Act and other pertinent issuances, or that the DTIP has not complied with its obligations in relation to the spectrum assignment. The NTC shall, where required and appropriate, work with the DTIP concerned to minimize impact of such recall on active users of services utilizing the recalled spectrum. The foregoing notwithstanding, no frequency shall be recalled within eighteen (18) months from the award of a provisional authority (PA), license, or registration; and

(j) A requirement that entities requesting for assignment or joint use of spectrum notify the PCC, and that the NTC submit, within a period of five (5) calendar days any and all documents required by the PCC to undertake a competitive analysis. The PCC may intervene in the assignment process. It shall publish the results of its analysis and furnish a copy thereof to the NTC.

Paragraphs (b), (c), (d), (e), and (j) herein shall not apply to applications for frequency assignments for fixed point-to-point radio links and Wi-Fi subject to guidelines to be issued by the DICT.

The NTC shall promulgate rules and regulations within three (3) months from the effectivity of the SMPF in order to effectively implement the same.