7th Telecom Board Meeting

Republic of the Philippines
Olongapo City
TELECOM AND IT BOARD

7th Telecom Board Meeting
March 28, 2005, 9:00 AM
Session Hall


PRESENT:

Hon. Edwin J. Piano Chairman
Mr. Leonardo C.Perez Member (Telecommunications Expert)
Engr. German E. Ebue Member (Electronics & Communications Expert)
Mr. Danilo J. Piano Member (IT Expert)
Arch. Tony-Kar Balde III Head, City Planning Office
Atty. Angelito R. Orozco Head, City Legal Office
Engr. Eduardo M. Santos City Engineering Office
Ms. Weng Legaspi City Council Office / Office of Kgd. Gina G. Perez Mr. Jerico Ballon Secretariat

EXCERPTS FROM THE MINUTES OF MEETING

1. The meeting was called to order 9:45 Am.

2. Minutes of last Board meeting was adopted

3. With regards to letter of complaints of residents of Cava St. and Federico St., Gordon Heights regarding Cellsite Towers in their Area. Engr. Santos inform the board that Cellsite Tower in Federico St. have gone thru the process and secured necessary permits and clearances.

4. In this connection, the Chairman requested Engr. Santos to provide a written report regarding the matter so that the Board can act accordingly.

5. Mr. Danny Piano suggests that to conduct ocular inspection of the sites and inform the residents that their concerns are being addressed. The board agrees to conduct the ocular inspection on 29 March 2005.

6. With regards to the software license requested by CPDO Mr. Danny Piano inform Arch. Balde that he have lists of quotations for the said software and still conducting review for the best deal that the city can get for the said license amounting to more than P200 Thousand Pesos.

7. Engr. Santos reported to the body that as per their 2004 records only six (6) Telecom Towers pay for Building permit to wit :

 Digital Telecom Philippines located in No. 211 upper Kalaklan (BLOOM Rooftop) with Permit No. 0406101161 release last June 10, 2004 in the Amount of P5,420
 Digital Telecom Philippines located in No. 06 20th ST. East BAjac-Bajac (near RC Bldg.) Permit No. 0407101176 release July 30, 2004 in the Amount of P 6,108.80
 Digital Mobile Philippines located in Federico St. Gordon Heights released January 17, 2005 in the amount of P18,500
 Digital Mobile Philippines located in Cabalan

8. The Chairman inquires why the fees for Building permit varies. Engr.. Santos informs the body that building permit fees depends on line and grade of the Lot Plan and actual area covered.

9. Engr. Ebue inquires if Building permit issued by Engineering is for one time installation only or for multiple antennas because he observes that existing towers have multiple antennas like the one in Riza Building and Ridgecrest Hotel in Magsaysay. He also inquires if the permit is being computed per antenna or per tower?

10. Mr. Santos replied that they are computing permit fees on height of the structure and guide wire and other structures any additional is not included in the permit. He also reported that the tower in Ridgecrest Hotel did not secure Building permit. He also informs the body that they can compel the operators of said towers to secure building permit.

11. In this connection, the Chairman suggest to that the board conduct a tower inspection in Riza Bldg, Ridgecrest hotel and other roof top towers.

12. Mr. Santos also informs the body that some of the tower did not secure permit because they are having problem with their lot document, which is one of the requirements for the issuance of permit. He suggests that a special permit be issued until such time that the applicants comply with requirements in Lot Document because they will have a hard time in compelling in Lot Documents requirements.

13. The body has the same opinion with Mr. Santos because the board has observed that permit applicants are having a hard time securing clearances because of copious requirements.

14. Engr. Ebue suggests requiring contractor to post a bond for their project. The Chairman instructed the secretariat to include said bond in the proposed Ordinance for Telecom fees.

15. Engr. Ebue reported that there are 87 PABX lines installed as of March 28, 2005 with 8 trunks available for incoming and outgoing calls. He also reports that he met with Mr. Abola of Subictel and Mr. Danoog of Piltel regarding the 2nd phase of PABX project. Current business line being used by the City will be converted to full pledge trunk with pilot Number 222-GAPO, 223-GAPO or 224-GAPO (4276). The pilot No including programming of trunk hunting cost P5,000 pesos plus one time upgrade cost of around 100 pesos per line and the monthly recurring charges per trunk will be P2,218.52 for the 1st and 2nd trunk the 3rd and above trunk will cost P1,653.90/Trunk. He also reported as per Mr. Abola Subictel/Piltel could waive the Pilot No and programming charge amounting to P5, 000 Pesos upon formal request of the mayor.

16. Engr. Ebue also reported that concerning DSL connection in Gordon College Mr. Abola wish to inspect said connection for the renewal/upgrade of said connection. Said inspection is scheduled on the March 30, 2005. Further, more during the same meeting Mr. Abola said that Subictel could provide a Hotline to SBMA Chairman free of charge upon written request of the mayor. With regards to lease line to be use in Gordon College, Museum, City Mall and JLGMH, PABX line will cost P250 per circuit Kilometer.

17. Lastly, he reported that currently PABX are using temporary SNDR to capture data so he reiterated the pending request for PC, Printer and UPS.

18. The Chairman reported to the body that the mayor request for the transfer of JLGMH PABX to KBG complex. He suggests that the body conduct preliminary study on the matter to determine the scope of work and materials needed.

19. Concerning the draft City Ordinance No. 05 Series of 2005 atty. Orozco suggest to the board that said resolution must be clear and categorical in the nature. In addition, based on the suggested fees, said ordinance must be clear weather it is for revenue generation or for supervision or regulation. If it is for regulation, Atty. Orozco suggests that the Ordinance must be specific and categorical on what the Ordinance trying to regulate. He further said that under the Local Government Code especially on the General Welfare Clause, the City has all the compassing power to regulate but it must be specific. He then suggests for further study of the draft Ordinance if it is for regulation and justifies it not only the purpose but also the fees involve.

20. About Telecom Board duplicating the duty and power of NTC Atty. Orozco, suggest amending the Ordinance creating the Telecom Board. He said that though the City has all the reason to regulate under the Local Government Code Telecom Board power to regulate must be specific on what to regulate.

21. The Chairman for his part states that the Telecom Board is not a duplication of engineering or CPDO but a body compose of different department for a collective effort to oversee the Telecommunications Industries in the City to ensure the safety of the people and correct revenues are collected.

22. Atty. Orozco suggest to the board consider that one of the boards function is to fill in the gaps and ensure seamless coordination between and among Engineering, CPDO and other departments regarding the Telecommunication Industries. These gaps must be identified and to be included in the amendments of the Ordinance to justify why we are enforcing additional fees on top of the fees for locational clearance and building permit.

23. The Chairman added one of the functions of the Board is to provide technical assistance to the City Council to any proposed resolutions or Ordinance regarding Telecom and IT. Its power is recommendatory only and the Mayor has the last say on any action that the board may suggest.

24. Atty. Orozco said that the board could not use the premise that one the board functions is to help for the collection of RPTA or other tax due concerning Telecommunication because such functions are mandated to Business permit Office, Assessors Office and Treasurer’s Office. He further suggests the board recommend some certain amendments on the collection of RPTA and other permits. He also suggests giving more power to assessor’s office or treasurer’s office by way of Ordinances.

25. Engr. Ebue for his part said one of the function of the board is to help Telecom Providers in their application to operate in the City and at the same time ensure the safety of the people and due revenues are collected.

26. The board agrees to amend draft Ordinance No. 5, Series of 2005 and submit said amendments to Atty. Orozco for further study and suggestions.

27. The Chairman asks Atty. Orozco on his opinion regarding the Equal Protect law cited by Globe Telecom in their position paper. Atty. Orozco replied that it would depend in the nature and purpose of the Ordinance. In Globe’s position paper he believe that their idea is we are just referring to the structure, he suggest not to limit said Ordinance on physical structures if it is for regulation and he further suppose that there other to regulate aside from physical structure themselves and make clear in the Ordinance why such Ordinance is referring solely for Telecom and IT.

28. On the issue of imprisonment penalty, the Chairman states that the Ordinance did not intend to imprison Telecom provider just because they did not pay necessary fees but it is to ensure that public safety will not be jeopardized. Atty. Orozco agrees that the Ordinance if for regulatory it can have imprisonment penalty provided that it will contain Separability Clause.

29. Calendar of next meeting ? ? ?

30. With no other matter to discuss, the meeting adjourned at 11:15 am.

Prepared by:
Jerico Ballon
Secretariat