Ord. No. 24, S. 2004.doc

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
OCTOBER 27, 2004, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - City Councilor
Hon. Teodoro D. del Rosario - - - - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President

ABSENT:

Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - City Councilor


WHEREAS, access to advanced information technology will be essential to personal and business success in the future. The challenge therefore to the 21st century telecommunications industry is to create an equitable framework of telecommunications products and services that fuels growth and promotes commerce;

WHEREAS, there is a need to enhance effective competition in Telecommunications and Information Technology industries in order to promote and encourage investment in Telecom and IT infrastructure by service providers duly recognized and authorized by the Republic of the Philippines;

WHEREAS, the availability of world class and state-of-the-art Telecom and IT facilities in Olongapo City and its neighboring area on regular and un-interrupted basis is essential and contributes directly to the development of industries, businesses, trade and commerce and investor confidence;

WHEREAS, inspired by the vision that Olongapo City, Subic Bay Freeport, and its neighboring areas would become Global Gateway of enhanced Telecommunication with advanced Information Communication Technologies (ICT) at hand and the Cyber City of the future, so as to be globally competitive;

WHEREAS, most people rely on the government to protect them from technical hazards brought about by rapidly advancing technology by establishing rules and standards, the government therefore should establish regulations perfectly balanced to meet the demands of technology while ensuring safety of the people;

NOW, THEREFORE, on motion of Councilor Edwin J. Piano, with the unanimous accord of the Members of the Sangguniang Panlungsod present;

Con’t. Of Ordinance No 24, Series Of 2004.

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RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in sessions assembled to enact the following Ordinance:

ORDINANCE NO. 24
(Series of 2004)

AN ORDINANCE CREATING THE LOCAL TELECOMMUNICATIONS
AND INFORMATION TECHNOLOGY BOARD


BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 1. Creation. The Local Telecommunications and Information Technology Board is hereby created to perform the following functions:

1.1 Develop over-all plans and policies for Telecommunication and Information Technology matters including cable television, in aid of legislation;

1.2. Formulate and review technical standards specification, rules and regulations and guidelines for compliance by Telecommunication and IT providers operating in the City of Olongapo;

1.3 Formulate operating system procedures and criteria for issuance of License/Permits Monitoring and Inspections of Telecommunications and IT Provider’s Facilities/Equipment to determine compliance;

1.4 Determine locations of Telecommunications Structures, Distribution Cabinets, Antenna Farm, Co-Location and Siting Agreements;

1.5 Submit a proposed regulatory fee schedule for approval by the City Council after appropriate public hearings;

1.6 To implement the Universal Service Doctrine whereby Telecom and IT companies supply their services free of charge to a least one beneficiary school or library to be prioritized by the Department of Education and the City Government;

1.7 Review the penalties for non-compliance with rules, regulations, standards, specifications and guidelines set by the City Council Ordinances and by NTC on regular basis;

1.8 Develop Telecommunications plans, programs and strategies to meet the future Telecommunications and IT requirement of the city. Ensure compliance to existing Telecom Rules and Regulations.


Con’t. Of Ordinance No 24, Series of 2004.

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1.9 Provide relevant information as to standards, specifications and accepted practices for in-building preplan wiring, building service entrance cable lay-out, and installation of customer provided equipments;

1.10 Regulate the placing, stringing, attaching, installing, repair and construction of electric wire, telephone wires and CATV cables and provide for the correction, condemnation or removal of the same when found to be dangerous, defective or otherwise hazardous to the welfare of the inhabitant (Power, Duties and Functions of Sangguniang Panlungsod, Local Government Code);

1.11 Provide technical and operations information as required by Telecommunication and IT investor, or City Council in aid of legislation;

1.12 Gather market, financial and technological information and monitor the development of Telecommunications and IT both domestic and international in scope.

1.13 Receive and review complaints of subscribers against Telecommunication and IT provider’s poor quality of service. Notify Telecommunication and IT provider concerned for immediate resolution;

1.14 Monitor and conduct regular inspection on Telecommunications and IT facilities within the city to ensure compliance with the rules, regulations, standards, specifications and guidelines stipulated by NTC and City Ordinances. Recommend approval of applications and/or imposition of relevant penalties for non-compliance;

1.15 Locate and cite illegally built/installed Cell Sites, Repeater Stations, Microwave Dish and other Telecommunications Tower and ensure that corrective actions and full compliance with NTC and Olongapo City rules and regulations are met;

1.16 Monitor compliance of Mobile Phone Dealers and Service Centers to NTC Memorandum Circular 07-08-2004and 08-08-2004, circulars that regulate repair, unblocking, lease and sale of mobile phones;

1.17 Make proper coordination with NTC and SBMA Telecommunications Department to ensure effective implementation of existing national and local telecommunication regulations. Strive to resolve conflicts in area jurisdiction issues;

1.18 Liaise and consult, as necessary for the effective execution of above functions, with such agencies, entities, whether government or private as authorized by the City Council and/or the City Mayor.
Con’t. Of Ordinance No 24, Series of 2004.

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SECTION 2. Composition. The Board shall be composed of the following:


Chairman - Chairman, Committee on Telecommunications and Information Communication Technology

Vice-Chair - Vice-Chair, Committee on Telecommunications
Vice-Chair, Committee on Information Communications Technology

Members - A person with a degree in Electronics and Communications Engineering (BSECE), with at least ten years experience in International Telecommunications and expertise in microwave radio, fiber optics, and data transmission

A person with at least ten years telecommunications experience in a management capacity with expertise in inside plant and outside plant facilities/infrastructure or has undergone appropriate On-the-Job training on the field

An Information Communications Technology (ICT) expert with International exposure and established support system.

A person knowledgeable in legal matters specially pertaining to NTC Rules and Regulations who will also serve as the board secretary.

SECTION 3. Effectivity.

This Ordinance shall take effect upon its approval.

APPROVED UNANIMOUSLY, October 27, 2004.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor
(Absent)


TEODORO D. DEL ROSARIO BELLA P. ASUNCION
City Councilor City Councilor
Con’t. Of Ordinance No 24, Series of 2004.

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MAREY BETH D. MARZAN ANGELINA B. ANDRADA
City Councilor City Councilor


BRIAN PATRICK H. GORDON ANSELMO A. AQUINO
City Councilor City Councilor


EDWIN J. PIANO GINA G. PEREZ
City Councilor City Councilor


NAPOLEON F. CAPISTRANO ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay SK Federation President


ATTEST:

ELFLIDA S. SALMON
City Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor



ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor