Pursuant to RA 7925, Executive Order No. 546 series of 1979 and Act No. 3846, as amended and in order to efficiently and effectively manage the radio spectrum, the Commission hereby promulgates the following rules and regulations to implement the efficient radio frequency availability program (ERAP);

RADIO FREQUENCY POOL

Duly licensed radio users shall form private radio users associations (PRUA) or join existing PRUAs and share their assigned radio frequencies.

The radio units shall be converted to shared channel trunking. The conversion shall be at the expense of the duly licensed radio users. The owner of the radio units can have his radio units converted by and duly licensed radio dealer/supplier or manufacturer.

Illegal radio users opting to voluntarily join existing PRUAs shall pay to the Commission a one-time amnesty fee of Ph1,000.00 per radio unit. The illegal user shall submit to the Commission a certification coming from the President of the PRUAs that he/she is a member.

Apprehended illegal radio users who acknowledge the violation and opt to join PRUAs shall pay to the Commission a penalty of Ph3,000.00 per radio unit in addition to the Ph1,000.00 amnesty fee.

A person applying for a license to operate radio station/s shall submit, in addition to the documents required to be submitted under existing rules and regulations, a certification from the President of a PRUA that he is a member. The radio equipment shall be acquired only from an NTC authorized radio dealer/supplier or manufacturer.

OPERATION OF THE SHARED CHANNEL TRUNKING

The shared channel trunking network (SCTN) shall be owned by the PRUAs. The operation and maintenance of the SCTN shall be managed by a duly enfranchised and authorized trunk radio network (TRN) operator. The management fees shall be negotiated between the duly authorized TRN and the PRUAs.

RADIO STATION LICENSES

The radio stations shall be licensed in the name of the radio user with the name of the duly authorized TRN operator enclosed in parenthesis. Each radio station shall pay to the Commission an annual license fee of Ph250.00

SPECTRUM USER FEES

The duly authorized TRN shall pay to the Commission spectrum user fees pursuant to MC 10-10-97.

TRANSITORY PROVISION

Duly licensed private radio users operating radio equipment that are not convertible to shared channel trunking shall, within three (3) years from the effectivity of this Circular, comply with the provisions of this Circular.

EFFECTIVITY

This circular shall take effect fifteen (15) days after publication in a newspaper of general circulation and three (3) certified true copies furnished the UP Law Center and shall modify, amend or supersede any circular, order or memorandum or portions thereof that are inconsistent herewith.

Adopted: 10 Feb. 2000

(SGD.) JOSEPH A. SANTIAGO Commissioner
(SGD.) NESTOR C. DACANAY Deputy Commissioner	(SGD.) AURELIO M. UMALI Deputy Commissioner