IRR of R.A. No. 10639 (July 21, 2015)

(NAR) VOL. 26 NO. 3/ JULY - SEPTEMBER 2015 [ OCD NDRRMC Joint Memorandum Circular No. 001, s.2015, July 21, 2015 ] IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10639, ALSO KNOWN AS "AN ACT MANDATING THE TELECOMMUNICATIONS SERVICE PROVIDERS TO SEND FREE MOBILE ALERTS IN THE EVENT OF NATURAL AND MAN-MADE DISASTERS AND CALAMITIES" Adopted: 21 July 2015 Date Filed: 24 July 2015 Pursuant to Republic Act 10639 entitled “An Act Mandating the Telecommunications Service Providers to Send Free Mobile Alerts in the Event of Natural and Man-Made Disasters and Calamities”, Republic Act 7925, E.O. 546, series of 1979, and in order to establish and operate a Nationwide Early Warning System that is capable of near real-time delivery of critical and informational messages like emergency announcements, storm warnings, tsunami alerts, evacuation directives, and others related to disaster management to active mobile devices in targeted and specific locations, the following rules and regulations are hereby promulgated: SECTION 1: COVERAGE 1.1 All Mobile Phone Service Providers operating within the Republic of the Philippines shall adhere to the requirement prescribed in this Circular. 1.2 Mobile Alerts of emergency and distress related advisories shall conform to this Circular. SECTION 2: DEFINITION OF TERMS Whenever used in these Rule, the following shall refer to: 2.1 Auxiliary mobile phones services – refers to balance inquiry, customer support, prepaid reloading services and emergency alerts 2.2 Basic mobile phone services – refers to short messaging services (SMS) or text messaging and voice call services 2.3 Commission – refers to the National Telecommunications Commission 2.4 Emergency Alert and Warning Messages – refers to the messages from the Warning Agencies that is hazard specific, area focused and time bound that is intended to the subscribers 2.5 Mobile alert – a machine-to-person communication that is important or time sensitive. The alert maybe in the form of SMS, MMS, email or push notification 2.6 Mobile Emergency Alert System (MEAS) – is an alerting network designed to disseminate emergency alerts to mobile devices. It has the capability to send alerts toparticipating telecommunications companies (TELCOS) who will distribute the alerts to their customers with compatible devices that simultaneously delivers messages to all phones using a cell tower on the mobile phone service provider’s network 2.7 Mobile cellular phone, mobile phone or cellphones – refers to a mobile telecommunication device that uses a combination of radio transmission and conventional telephone switching to permit telephone communication to and from mobile users within a specified area or cell 2.8 Mobile phone service provider, service provider or telecommunication company (TELCO) – refers to any person, firm or partnership or corporation, government or private, granted a legislative franchise by Congress to provide cellular mobile telephone services to the general public, and issued a certificate of public convenience and necessity (CPCN) by the National Telecommunications Commission (NTC) 2.9 Multimedia messaging service (MMS) refers to standard for telephony messaging systems that allows sending messages, including multimedia objects (images, audio, video, rich text), and not just text messages through the short messaging service (SMS) 2.10NDRRMC – refers to the National Disaster Risk Reduction Management Council 2.11Push notification – a message or alert delivered by a centralized server to an end point device 2.12Short Messaging Service (SMS) – a service for sending messages to mobile phones that use Global System for Mobile Communications in text format SECTION 3: GENERAL MEASURES AND GUIDELINES ON MOBILE DISASTER ALERTS 3.1 Mobile Disaster Alerts. – In the event of an impending tropical cyclone, tsunami, earthquake or other calamities, Mobile Phone Service Providers are mandated to send out Emergency Alert and Warning Messages at regular intervals as required by the National Disaster Risk Reduction and Management Council (NDRRMC), and other relevant agencies. 3.2 Sources of Alert and Warning Messages – All Warning Agencies shall be the source of Emergency Alert and Warning Messages, which shall be submitted to NDRRMC for validation and confirmation for transmission by the Mobile Phone Service Providers. 3.3 All processed Emergency Alert and Warning Messages shall emanate from the NDRRMC through the NDRRM Operations Center (NDRRMOC). 3.4 The Emergency Alert and Warning Messages shall cover emergency announcements and up-to-date information from the NDRRMC. The alerts shall include up-to-date information, the contact information of local government units and other agencies required to respond to the situation and other relevant information such as, but not limited to, evacuation areas, relief sites and pick-up points, storm warnings, tsunami alerts, evacuation directives, and others related to disaster management services. 3.5 The alerts shall be at no cost, whether direct or indirect to the consumers; and shall be included as part of the service provider’s auxiliary services. The alerts may be in the form of SMS, MMS, email, and/or Push notification. 3.6 The Emergency Alert and Warning Messages shall be sent to all cell phone subscribers in the affected areas at any time whenever necessary SECTION 4: PROCEDURES FOR THE TRANSMISSION OF EMERGENCY ALERT AND WARNING MESSAGE(S) 4.1 The alert message will be sent to the NDRRM Operations Center (NDRRMOC) as soon as possible using available communications means. Such information must clearly specify the, explicit nature of emergency, the specific locations and/or exact area to be affected by the impending hazards and the urgency of dissemination for mobile alert transmission.4.2 Mobile Phone Service Providers shall provide the NDRRMC a web portal through which they can directly send the alert to avoid delays. 4.3 Upon receiving the Emergency Alert and Warning Messages, NDRRMOC will then immediately forward the same to the Executive Director of the NDRRMC. 4.4 Once the information is approved by the Executive Director for mobile alert transmission, the NDRRMC shall immediately relay the message to the Mobile Phone Service Providers. 4.5 Mobile Phone Service Providers shall disseminate the Emergency Alert and Warning Messages, to their respective mobile subscribers within the target area. The content of the message should indicate the target area or location of the impending hazards or alert. 4.6 Any act of God or any situation of Force Majeure, which effectively prevents an affected Mobile Phone Service Provider/s from complying with the provisions of this Section or other relevant provisions of this Memorandum Circular shall exempt said Provider/s from said compliance and any penal liabilities under this Circular. As soon as the facilities and operations of the Mobile Phone Service Provider/s in the affected area/s are restored, however, said Provider shall comply within a reasonable period with the provisions of the aforesaid Section 4 and/or other relevant requirements of this Circular. A Mobile Phone Service Provider which had the capability of transmitting the Emergency Alert and Warning Messages required by this Circular before its facilities were disabled, but which failed to do so without any justifiable cause shall not be exempt from the requirements or liabilities set forth in this Circular. SECTION 5: SYSTEMS IMPLEMENTATION The following are two (2) ways of sending Emergency Alert and Warning Messages: 5.1 Through direct coordination/communication between NDRRMC and the TELCOs as shown in ANNEX 1A and/or a simple interface between NDRRMC and the TELCOs as shown in ANNEX 1B. A Mobile Phone Service Provider shall immediately comply with this provision to the extent that its existing coverage and present technologies shall allow. Within thirty (30) days from the effectivity of this Circular and every calendar quarter thereafter, the Mobile Phone Service Provider shall submit a status report to the NTC on the progress of its compliance, targeting 100% compliance on or before 31 December 2016. 5.2 Through an automated Mobile Emergency Alert System (MEAS) that shall serve as an interface between the NDRRMOC and the TELCOs. This MEAS shall be established, owned and maintained by the NDRRMC. However, prior to establishment of this MEAS, the NDRRMC shall coordinate with the TELCOs to ensure that the said system shall be fully compatible with the TELCO’s networks. The final process for this MEAS including the timeline for its implementation shall then be discussed and agreed among the stakeholders and shall form ANNEX 2 of this IRR. SECTION 6: IMPLEMENTING GOVERNMENT OFFICES AND PARTNERS 6.1 Regulating Agencies – The agencies that will be responsible for the control, regulation and management of the alerts are the following:6.1.1 National Disaster Risk Reduction and Management Council – a government agency with principal, office at Camp General Emilio Aguinaldo, Quezon City, hereinafter referred to as “NDRRMC”. 6.2.2 National Telecommunications Commission – a government agency with principal office at NTC Bldg., BIR Road, East Triangle, Diliman, Quezon City hereinafter referred to as “NTC”. 6.2 Warning Agencies – The following agencies will be responsible for the provisions of alerts and warning messages: 6.2.1 Philippine Institute of Volcanology and Seismology – a government agency with principal office at C.P. Garcia, University of the Philippines, Diliman, Quezon City hereinafter referred to as “PHIVOLCS”. 6.2.2 Philippine Atmospheric, Geophysical, Astronomical Services Administration – a government agency with principal office at BIR, Road, East Triangle, Diliman, Quezon City hereinafter referred to as “ PAGASA”. 6.2.3 Philippine Nuclear Research Institute – a government agency with principal office at Commonwealth Avenue, Diliman, Quezon City hereinafter referred to as “PNRI”. 6.2.4 Mines and GeoSciences Bureau – a government agency with principal office at MGB Compound, North Avenue, Diliman, Quezon City hereinafter referred to as “MGB”. 6.2.5 Bureau of Fire Protection – a government agency with principal office at Agham Road Quezon City hereinafter referred to as “BFP”. 6.2.6 Philippine National Police – a government agency with principal office at Camp Crame, EDSA, Quezon City hereinafter referred to as “PNP”. 6.2.7 Armed Forces of the Philippines – a government agency with principal office at Camp General Emilio Aguinaldo, Quezon City hereinafter referred to as “AFP”. 6.2.8 Department of Health – a government agency with principal office at San Lazaro Compound, Sta. Cruz, Manila hereinafter referred to as “DOH”. 6.2.9 Philippine Information Agency – a government agency with principal office at Visayas Avenue, Ouezon City hereinafter referred to as “PIA”. 6.2.10Presidential Communications Operations Office – a government agency with principal office at 3 rd Floor, New Executive Building, Malacanang, Manila hereinafter referred to as “PCOO”. SECTION 7: ROLES AND RESPONSIBILITIES The following agencies shall have the following specific roles and responsibilities: 7.1 The NDRRM OpCen shall: 7.1.1Assign at least three (3) focal persons to whom the Mobile Phone Service Providers will verify the request for mobile alert transmission. 7.1.2Receive and validate Emergency Alert and Warning Messages for mobile alert transmission based from the advisories of the Warning Agencies. 7.1.3Authenticate the transmission of the Emergency Alert and Warning Messages. 7.1.4Send the Emergency Alert and Warning Messages to the Mobile Phone Service Providers for immediate transmission to residents of affected communities. 7.1.5Record the date and time of the first and last transmissions and the appropriate number of subscribers who received the Emergency Alert and Warning Messages including the targeted areas of transmission in coordination with the TELCOS. 7.1.6Inform the Warning Agency that the advisory has been properly disseminated to the concerned parties.7. 2 The PHIVOLCS shall: 7.2.1In cases where tsunamis generated near Philippine shores where the lead time is short, shall craft the Emergency Alert and Warning Messages and send tsunami information/alert directly to the Executive Director of the NDRRMC for immediate transmission to the Mobile Phone Service Providers. 7.2.2In cases where tsunamis generated far from the Philippine shores and if there is a sufficient lead time, shall craft and send tsunami information/alert for mobile alert transmission using the normal channel to NDRRMOC. 7.3 The PAGASA, DOH, BFP, PNP, AFP, PNRI, PIA and MGB, shall: 7.3.1Assess the need for the use of mobile alert transmission to send alert message(s). 7.3.2Send the alert message/s and request for mobile alert transmission to NDRRMOC. 7.4 The NTC shall: 7.4.1Ensure that the request for mobile alert transmission of alerts message(s) from NDRRMC and Warning Agencies are sent by Mobile Phone Service Providers. 7.4.2Monitor compliance by the Mobile Phone Service Providers. 7.5 Mobile Phone Service Providers shall: 7.5.1Verify the authenticity of the request for mobile alert transmission of Emergency Alert and Warning Messages from the NDRRMC. 7.5.2Upon verification, immediately send the Emergency Alert and Warning Messages to subscribers within the threatened/affected communities/areas. 7.5.3Record the date and time of the first and last transmissions of the Emergency Alert and Warning Messages and the targeted areas of transmission. 7.5.4After completing the mobile alert transmission, inform NDRRMC, NTC and PIA that the Emergency Alert and Warning Messages has been disseminated to the target subscribers. The information must include the date and time of the first and last transmission and the coverage areas of transmission. SECTION 8: REPORT OF VIOLATIONS 8.1 Any natural or juridical person may report before the NTC any violation of this Circular. SECTION 9: PENALTIES 9.1 Any person who gives false or misleading data or information or willfully or through gross negligence, conceals or falsifies a material fact, in any investigation, inquiry, study, or other proceedings held pursuant to this Act, shall be punished with imprisonment of not less than two (2) months but not more than six (6) months, and with a fine of not less than One Thousand Pesos (P1,000.00) but not more than Ten Thousand Pesos (P10,000.00): Provided, however, that if the false or misleading data or information shall have been under oath, the maximum penalty for giving false testimony or perjury shall be imposed. 9.2 If the offender is a corporation, the penalties may range from the imposition of a fine of not less than One Million Pesos (P1,000,000.00) but not more than Ten Million Pesos (P10,000,000.00) and/or a suspension or revocation of its legislative franchise and other permits and licenses by the NTC. The maximum penalties prescribed in paragraph (a) shall also be imposed on the members of its board and/or management, as applicable.9.3 An alien violating this Act shall, in addition to the penalty herein provided, be deported after service of sentence and shall not be permitted reentry into the Philippines. 9.4 All monetary penalties shall directly accrue to the National Treasury. SECTION 10: SEPARABILITY CLAUSE 10.1If any provision of this Circular is declared unlawful or void, the other provisions not affected shall remain valid and effective. SECTION 11: REPEALING CLAUSE 11.1This Circular supersedes any and all existing Orders, Circulars, Memoranda or any part thereof inconsistent herewith. SECTION 12: EFFECTlVITY 12.1This Circular takes effect fifteen (15) days after publication in a newspaper of general circulation and upon filing with three (3) certified copies furnished the UP Law Center. Quezon City, Philippines. (SGD) GAMALIEL A. CORDOBA (SGD) VOLTAIRE T. GAZMIN Commissioner Secretary of National Defense and National Telecommunications Commission Chairperson, National Disaster Risk Reduction and Management Council (SGD) JOSEPH EMILIO A. ABAYA (SGD) VICENTE B. MALANO Secretary of Transportation and Administrator, Philippine Atmospheric, Communications Geophysical and Astronomical Services Administration Source: Supreme Court E-Library This page was dynamically generated by the E-Library Content Management System (E-LibCMS)