WHEREAS, Technical Variation refers to technologies that were unforeseeable at the time of the creation of R.A. 9239.

WHEREAS, while vinyl records are storage media devices the same cannot be classified as a technical variation as such technology was already available at the time of the creation of the Republic Act.

WHEREAS, it is the aim of the Optical Media Board not to stifle legitimate business enterprises but to promote a level playing field without imposing any unnecessary burden to the purchasing public.

Pursuant to Board Resolution No. 18-03-03 and the powers and functions of the OMB under Section 10, subsections (a) and (c) of R.A. 9239 relative to the formulation of policies and granting and/or renewal of licenses, the following are hereby promulgated:


Section 1. COMMERCIAL TRANSACTIONS INVOLVING VINYL RECORDS - the importation, exportation, manufacture, distribution, sale, rental, and other commercial transactions involving vinyl records shall no longer be subject to the registration and licensing requirements of the Optical Media Board (OMB).

Section 2. Registration and licensing of Other Government Agencies - the provisions  of  this  Memorandum  Circular  shall  be  without  prejudice  to  the licensing and other legal requirements that may be imposed by law and other government agencies.

Section 3. Transitory Provisions - This Memorandum Circular shall apply prospectively without prejudice to pending applications in the RLD from date of effectivity of this Memorandum Circular.

Section 4. Repeal - All orders, issuances, or part thereof, which are inconsistent with the provisions of this Circular, are hereby repealed or modified accordingly.

Section 5. Severability - If any of the provisions of this Circular are declared invalid or unconstitutional, the other provisions of this circular are not affected thereby shall remain valid and subsisting.

Section 6. Effectivity - This circular shall take effect within fifteen (15) days from publication hereof.