2007 O-04 - PENALIZING UNAUTHORIZED CONNECTION TO TELECOMMUNICATIONS, INTERNET AND CABLE TV

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JANUARY 24, 2007 AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - -City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo- - - - - - - - - - - - - - “ “
Hon. John Carlos G. delos Reyes- - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Carlito A. Baloy - - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe- - - - - - - - - - SK Federation President

ABSENT:

Hon. Marey Beth D. Marzan- - - - - - - - - - - City Councilor
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “ (On Leave)


WHEREAS, it has been noted that certain acts of vandalism are being committed, causing damage to cable TV and telecommunication/internet equipment resulting in dissatisfaction among subscribers;

WHEREAS, tolerance to such activities including unauthorized connections to telecommunication/internet and cable TV has adverse effect on the socio-economic situation of the city thus, there is a need to enact an ordinance penalizing such acts to address this problem and to serve as deterrent to would-be offenders;

WHEREAS, the general welfare provision clause of the Local Government Code (Sec. 458) is more than enough to clothe the City Government with authority to enact this Ordinance;

NOW,THEREFORE, upon the unanimous accord of Members of Sangguniang Panlungsod present;

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


ORDINANCE NO. 04
(Series of 2007)

AN ORDINANCE PENALIZING THE UNAUTHORIZED CONNECTION TO TELECOMMUNICATIONS, INTERNET AND CABLE TV, INCLUDING VANDALIZING ANY EQUIPMENT OF THE AFOREMENTIONED
SERVICE PROVIDERS

SECTION 1. DEFINITION OF TERMS

a) TELECOMMUNICATION LINE – shall mean to be any kind of wire or cable used in transmitting telecommunication power or audio/video signals.

b) TELECOMMUNICATION OR TELECOM SERVICE PROVIDER - shall mean in this Ordinance to be a corporation, juridical person or any business, organization, duly licensed by the National Telecommunications Commission and is recognized to be of good standing by the City Government of Olongapo to operate and to provide cable television, telecommunication and internet services.

c) SUBSCRIBER – in this Ordinance shall mean a person who availed of the services of a cable TV, information/internet or other telecommunication service provider in exchange for a service fee.

d) ACCESS DEVICE, CONNECTION, and DEVICE – means an access device, connection, or device wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried by CATV, telecom and internet service provider such as adbox and modem.

e) CATV – acronym for cable TV, derived from the older term, community antenna television. A distribution system which distributes television broadcast programs, original programs, premium programming and other services using a network of coaxial or fiber optic cables.

f) MULTI-CHANNEL SYSTEM – in this Ordinance shall be used interchangeably with CATV or cable TV.

g) COAXIAL CABLE – The standard cable consisting of a central inner conductor and a cylindrical outer conductor used for many video connections.

h) FIBER OPTIC CABLE - a cable made of optical fibers that can transmit large amounts of information at the speed of light.

SECTION 2. The following acts are considered unauthorized connection of cable television, and similar telecommunication service providers:

a) A person who, without proper documents and authorization from any CATV and information/internet service provider, deliberately made a connection, whether physically, electrically or electronically, or inductively to existing lines of CATV, internet and similar telecommunication companies.

b) A subscriber who extended his telecommunication, internet and CATV lines to other households without proper authorization from CATV, internet and similar telecommunication service providers.

c) A disconnected subscriber who re-installed his former line without proper authorization from his telecommunication service provider.

d) A telecommunication line connection made to a subscriber-applicant by an unaccredited contractor/person.

e) A person including accredited contractors who utilizes the service provider’s company-supplied installation materials that illegally negotiate for a certain amount of money for installation.

f) A person who tampers with, modifies, or uses an illegally modified device originally installed by service provider.

SECTION 3. Any service provider who has sufficient knowledge and verifiable information about an unlawful connection or tampering on their cable, wire or telecommunication system, may ask the assistance of any barangay official, to investigate and verify the alleged unlawful connection and/or tampering on their system. Such investigation/verification shall be made in the presence of the owner of the house, business establishment or, in the case of a building, its administrator.

SECTION 4. Vandalism on equipment, lines, and parts of cable TV, internet and other telecommunication service provider. For purposes of this ordinance, acts of vandalism shall mean the following intentional acts:

a) Cutting of lines such as but not limited to coaxial cable, fiber optic cable, telephone lines, power/transmission cable, etc.;

b) Physical damage;

c) Any other acts that result to the prejudice, damage or disturbance to CATV, internet and similar telecommunication equipment;

d) Illegal splitting and tapping.

SECTION 5. PENALTIES. Any person, corporation or entity found by the proper court to be violating any of the provision of this Ordinance, shall be meted with the following punishment:

a) FIRST OFFENSE – A fine of TWO THOUSAND PESOS (PhP2,000.00) or imprisonment of Thirty (30) days or both at the discretion of the court;

b) SECOND OFFENSE – A fine of THREE THOUSAND PESOS (PhP3,000.00) or imprisonment of Forty Five (45) days or both at the discretion of the court;

c) THIRD OFFENSE – A fine of FIVE THOUSAND PESOS (PhP5,000.00) or imprisonment of Sixty (60) days or both at the discretion of the court;

PROVIDED, however, that any one who shall be found in violation of any two or more of the provisions cited above shall be liable to pay equivalent to that of the third offense.

SECTION 6. EFFECT OF FINES. The payment of fines herein imposed shall not release anyone found in violation of this Ordinance from paying the cost of service and damages incurred to the Cable Television, Telecom and Internet Service Providers.

SECTION 7. SEPARABILITY CLAUSE. In the event that a section of this Ordinance is declared unconstitutional or unlawful by a court of competent jurisdiction, the remaining section/s not invalidated shall continue to be in full force and effect.

SECTION 8. This Ordinance shall take effect thirty (30) days after the completion of its publication/posting in a newspaper of citywide circulation, in official city website, and in community cable channels.


APPROVED UNANIMOUSLY, January 24, 2007.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor


JOHN CARLOS G. DELOS REYES BELLA P. ASUNCION
City Councilor City Councilor


MAREY BETH D. MARZAN ANGELINA B. ANDRADA
City Councilor City Councilor
(Absent)


BRIAN PATRICK H. GORDON ANSELMO A. AQUINO
City Councilor City Councilor
(On Leave)

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


CARLITO A. BALOY ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay SK Federation President


ATTEST:

ELFLIDA S. SALMON
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