THE National Telecommunications Commission (NTC) is set to sign a new circular which prohibits the importation, sale or use of GSM (global system for mobile communications) jamming devices.

The NTC’s public information office said the memorandum circular  (MC) on prohibition of GSM jamming devices has already been signed by NTC Commissioner Gamaliel Cordoba and Deputy Commissioner Jaime Fortes Jr. The new MC will be circulated once it is signed by Deputy Commissioner Douglas Michael Mallillin either on Thursday or Friday.

The NTC circular states that any person found importing, selling and using GSM jamming devices shall be held accountable.

The circular did not mention the sanctions and penalties violators would face. It only said a new circular had to be issued, despite existing guidelines in the sale, purchase and importation of radio equipment
issued in August 1991.

“Pursuant to Republic Act 7925, Executive Order 546, series of 1979, Act 3846, as amended [Radio Control Law] and in order to minimize, if not prevent, harmful interference to the GSM networks and maximize and promote the efficient use of radio frequency spectrum, the NTC hereby promulgates the following rules…

“First, the importation, sale or use of GSM jamming devices shall be prohibited. Second, any person, natural or judicial, selling or using these devices or both shall be dealt with in accordance with law.

“Third, the NTC may grant exemptions. Exemption may be granted to any person on a case-by-case basis and on meritorious reasons and subject to strict conditions to prevent use outside the area to be protected.”

Fortes said religious groups, hospitals, owners of movie houses and government agencies which purchased signal jamming devices are illegally using the equipment because no permits were issued to them. Worse, the NTC could not confiscate the signal jamming devices they allegedly use because the agency has not received a complaint related to signal interference or network coverage failure.

Interference leads to poor network coverage or in worst cases this could lead to no network coverage at all.

Similarly, the NTC, said Fortes, could not confiscate the reported 5,000 signal jammers that were allegedly brought into the country because the information has yet to be verified. Even if this were confirmed, Fortes said the Commission on Elections (Comelec) has yet to notify the NTC on the matter before it can even exercise its police power and collaborate with the local police.

The GSM signal-jamming devices interfere or block telecommunications signal, thus preventing cellular subscribers from making and receiving calls.

The Comelec is concerned that the transmittal of poll results on election day from far-flung areas to its central office may be disrupted owing to the proliferation of jamming devices.

The poll body has entered into a P7.2-billion poll-automation deal with Smartmatic-Total Information Management for an automated election this year.

NTC Director Edgardo Cabarios suggested direct subscriber link  connection as an alternative way to avoid disruption of data transmission. “Jamming is impossible because traffic runs through cable wires that are buried underground. Satellite communication is also another way,” said Cabarios.

The 1991 NTC circular provides the guidelines governing the sale, purchase and importation of various radio communications equipment intended for use in private and government-owned radio-communications networks.

It states that the importation of radio transceivers or transmitters must be covered by an NTC permit. The permit to import shall be valid for 90 days only.

The sale of radio communications equipment to any individual, entity or corporation whether government or private, without a valid permit to purchase issued by the NTC is strictly prohibited.