Laoag City Tower Ordinance of 2014

Republic of the Philippines Republic of the Philippines Province of Ilocos Norte CITY OF LAOAG

OFFICE OF THE SANGGUNIANG PANLUNGSOD EXCERPT FROM THE RECORD OF PROCEEDINGS OF THE 111th REGULAR SESSION OF THE 9th SANGGUNIANG PANLUNGSOD

OF LAOAG HELD AT THE SANGGUNIANG PANLUNGSOD SESSION HALL ON nOVEMBER 9, 2015.

PRESENT:

1.   Hon. Michael V. Fariñas    City Vice-Mayor/Presiding Officer

2.   Hon. Jeff Ericson P. Fariñas              S.P. Member

3.   Hon. Donald G. Nicolas                      S.P. Member

4.   Hon. Sonia B. Siazon                        S.P. Member

5.   Hon. Franklin Dante A. Respicio        S.P. Member

6.   Hon. Derick B. Lao                            S.P. Member

7.   Hon. Shirley Ong Sin                         S.P. Member

8.   Hon. Joseph H. Tamayo                    S.P. Member

9.   Hon. Edison H. Bonoan                     S.P. Member

10. Hon. Ferdinand L. Domingo               S.P. Member

11. Hon. Edison U. Chua                         S.P. Member

12. Hon. Mikee V. Fariñas                       S.P. Member (ABC Rep.) ABSENT:

WHEREAS, rapid technological advancement has recently tran- spired most especially in the field of communication;

WHEREAS, with the advent of modern technology, wireless gad- gets and equipment have evolved which rely on the utilization of telecommunication facilities resulting in the proliferation of towers, cell sites, discs and repeaters;

WHEREAS, these telecommunication facilities are used for com-

tions and repeaters.

 

SECTION 7. Application for Mayor’s permit; false statements. A written application for a permit to operate a business or engage in an activity shall be filed with the Office of the City Mayor in Three (3) copies. The application form shall set forth the name and address of the applicant, the description or form of business, the place where the business shall be conducted and such other pertinent informa- tion or data as may be required, as follows:

(1)  Barangay clearance – New and renewal

(2) Fiscal & Police Clearance – new

(3)  Previous year Mayor’s Permit – Renewal

(4)  Fire clearance (Bureau of Fire Protection) Health, Zoning,

Electrical Inspection & Building Structures – New & Renewal

(5)  SEC registration (cooperative & corporations) – New & Re- newal

(6) DTI Registration – New

(7) Accreditation Certification from the National Telecommunica- tion Commission

(8)  SSS Clearance – New & Renewal

(9)  BIR Certification – New & Renewal

Upon submission of the application, it shall be the duty of the proper authorities to verify if the other city requirements regarding the operation of the business or activity such as sanitary require- ments, installation of power and light requirements, as well as other safety requirements are complied with. The permit to operate shall be issued only upon compliance with such safety requirements and after the payment of the corresponding inspection fees and other impositions required by the Revenue Code and other city tax ordinances.

WHEREAS, there is likewise a need to regulate the use of these facilities to protect the people from possible detrimental effects in the use of these facilities;

NOW THEREFORE, upon motion of the Committee on Transporta- tion and Public Utilities, as read by the Hon. Franklin Dante A. Respicio, duly seconded by Hon. Joseph H. Tamayo, Hon. Edison H. Bonoan and Hon. Mikee V. Fariñas, the body, resolved as it is hereby re- solved to enact the following:

CITY ORDINANCE NO. 2015-101

Series of 2015

ORDINANCE REGULATING THE CONDUCT AND OPERATION OF TELECOMMUNICATION FACILITIES AND IMPOSING AN ANNUAL TOWER PERMIT FEE FOR THE OPERATION OF ALL TELECOMMUNICATION EQUIPMENT, CELLSITES, RELAY STATIONS AND REPEATERS WITHIN THE CITY OF LAOAG

BE IT ENACTED THAT:

SECTION 1. Short Title: This ordinance shall be known as the “Tower Ordinance of 2014”;

 

SECTION 2. Objective: The objective of this ordinance is to regu- late the proliferation of communication towers, both for private and commercial purposes within the city.

 

SECTION 3. Definition of Terms – For purposes of this Ordi- nance:

3.1      Antenna – shall mean conducting wire, coil, or disk from which radio waves are set or received.

3.2      Mast – shall refer to a vertical support made of steel pylon over fifteen (15) meters in height supported by guide wire carrying radio aerials.

3.3      Tower – shall refer to the structural steel framework pro- portionate to its lateral dimensions, standing dependently or con- structed on base with foundation used for telecommunication equip- ment, cell sites/relay stations/disks.

3.4      Repeater – is an electronic device that receives a signal and retransmits it at a higher level or higher power, or onto the other side of an obstruction, so that the signal can cover longer dis- tances.

3.5 Monopole Tower - is a single tube tower. It typically stands between 100-200 ft. with antennas mounted on the exterior of the tower. Its primary use is telephony.

3.6 Guyed tower - is basically a straight rod supported by wires that attach to the ground as support. It’s cheapest to construct, especially at heights of 300 ft and beyond. Some guyed towers reach as high as 2,000 ft. Typical uses are: telephony, radio, televi- sion, and paging.

3.7      Cell Sites – is a cellular telephone site where antennae and electronic communications equipment are placed, usually on a radio mast, tower or other high place, to create a cell (or adjacent cells) in a cellular network.

3.8      Relay Station – an amplifier for restoring the strength of a transmitted signal.

3.9      Disk – a shape or surface that is round and flat in appear- ance.

 

SECTION 4. Scope and Application – This ordinance shall gov- ern all towers operated by telecommunication companies and indi- viduals for telecommunication equipment, cell sites, relay station and repeaters within the territorial jurisdiction of Laoag City.

It shall cover those which already exist and those which may be constructed or operated after the enactment of this ordinance.

 

SECTION 5. Imposition of Fees –There shall be collected an annual regulatory fee for the operation of communication towers and masts, both for private and commercial purposes, at the rates prescribed hereunder.

a.  Antenna/Mast for communication transceivers (amateur and commercial bands)     2,000.00

b.  Antenna Towers/Mast for radio

broadcasting purposes                              20,000.00/year

c.  Self supporting mast structures, monopole towers, guyed towers and other mast structures for cell sites, relay stations and for television broadcasting purposes     150,000.00/year

d. Additional repeaters                         50,000.00/year SECTION 6. Time and Manner of Payment – The fee imposed in

the preceding section shall be paid to the City Treasurer upon appli- cation for a Mayor’s permit before any business activity can be lawfully begun or pursued or within the first twenty (20) days of January of each year in case of renewal thereof.

Payment made after January 20 of each year shall be subject to a surcharge equivalent to twenty-five percent (25%) of the original amount due.

Provided, that upon the effectivity of this Ordinance, a fee equivalent to the remaining months of the year on a pro-rata basis is hereby imposed to all existing antenna, tower, cell site/relay sta-

the permit issued by the City Mayor, and the applicant or licensee may further be prosecuted in accordance with the penalties pro- vided in this Article.

A Mayor’s permit shall be refused to any person

(a) Whose business establishment or undertaking does not con- form with zoning regulations and safety, health and other require- ments of the city;

(b) Who has an unsettled tax obligation, debt or other liability to the City Government; and

(c)  Who is disqualified under any provision of law or ordinance to establish, or operate the business for which a permit is being applied.

 

SECTION 8. Issuance of permit; its contents – Upon approval of the application for a Mayor’s permit, two (2) copies of the applica- tion duly signed by the City Mayor shall be returned to the applicant. One (1) copy shall be presented to the City Treasurer as basis for the collection of the Mayor’s permit fee and the corresponding busi- ness tax.

The Mayor’s permit shall be issued by the City Mayor upon pre- sentation of the receipt for the payment of the Mayor’s permit fee and the business tax issued by the City Treasurer, and upon com- pliance with such other requirements as may be required for its issuance.

Every permit issued by the Mayor shall show the name and residence of the applicant, his nationality and marital status; nature of the organization, i.e., whether the business is sole proprietor- ship, corporation or partnership; location of the business, date of issue and expiration thereof; and such other information as may be necessary.

The City Mayor shall, upon presentation of satisfactory proof that the original of the permit has been lost, stolen or destroyed, issue a duplicate of the permit upon payment of One Hundred Pesos (P100.00).

 

SECTION 9. Revocation of permit - When a person doing busi- ness in the city violates any provision of this ordinance; uses these communication facilities as an instrument to violate the right to pri- vacy of individuals; promote economic sabotage, coup de tat or the destabilization of the government, refuses to pay an indebtedness or liability to the city; abuses his privilege to do business to the detriment of public morals or peace; or when a place where such business is established is being conducted in a disorderly or un- lawful manner; is a nuisance or is permitted to be used as a venue for disorderly conduct, the City Mayor, after investigation, may re- voke the permit. Such revocation shall forfeit all sums which may have been paid in connection with said privilege, in addition to the fine and imprisonment that may be imposed by the court for violation of any provision of this ordinance or any ordinance governing the establishment and maintenance of businesses and to prohibit the exercise thereof by the person whose privilege is revoked, until resolved by the Sangguniang Panlungsod.

 

SECTION 10: Exemption – Telecommunication facilities being used by the government are exempted from the payment of annual charge imposed herein. Private and commercial telecommunication opera- tors attached to or using those facilities owned or previously owned by the government shall be subject to the annual charge imposed herein.

 

SECTION 11. Administrative provisions –

a.  To ensure proper implementation of the provisions of this ordinance, the City Mayor shall within fifteen (15) days from the date of approval hereof, constitute a committee composed of City Engineering Office, City Planning and Development Office, City Treasurer’s Office, City Assessor’s Office and Laoag City PNP to survey the number of towers and monitor the proper implementa- tion of the provisions of this ordinance.

b. Owners and/or operators of antenna and cell site without the required permit issued by the National Telecommunications Commis- sion shall have one (1) year grace period to secure the same, however, they shall still be liable for the annual fee stated herein. After one (1) year of non-compliance of NTC permit, 30 days will be given for the owners to demolish their antenna tower.

 

SECTION 12. Penalty – Any violation of the provisions of this ordinance shall be punishable by a fine of Five Thousand Pesos (P5,000.00) or imprisonment of one (1) year, or both fine and impris- onment at the discretion of the Court;

 

SECTION 13. Miscellaneous Provisions – The president, in case of a corporation, or the owner, if sole proprietorship, or the partners in case of partnership shall be held liable in so far as the imposition of the prescribed penalties are concerned.

SECTION 14. Separability Clause – If for any reason or reasons, any part or provision of this Ordinance shall be held to be unconsti- tutional or invalid, any part or provision hereof which are not af- fected thereby shall continue to be in full force and effect.

 

SECTION 15. Repealing Clause – Any Ordinance or part thereof inconsistent with any of the provisions of this Ordinance is hereby repealed or amended accordingly.

 

SECTION 16. Effectivity Clause – This Ordinance shall take ef- fect at the end of posting as provided in Sec. 511 of R.A.7160.

 

Carried.

Approved this 9th day of November, 2015, by the mem- bers of the Sangguniang Panlungsod present with the fol- lowing votes:

Those in favor: J.E.P. Fariñas, Nicolas, Siazon, Respicio, Lao, Sin, Tamayo, Bonoan, Domingo, Chua, Mikee V. Fariñas.

Nays: N o n e Abstentions: N o n e

I HEREBY CERTIFY that the foregoing is a true, correct, and faithful excerpt from the Record of Proceedings of the 111th Regu- lar Session of the 9th Sangguniang Panlungsod held at the Sangguniang Panlungsod Session Hall, Laoag City on November 9, 2015.

(SGD) ENRICO A. AURELIO

Secretary to the Sanggunian

Attested:

(SGD) MICHAEL V. FARIÑAS

City Vice-Mayor/Presiding Officer 

Feb. 29, March 7, 14, 2016*IT