Revised Telecommunications
Revised Telecommunications
: 01
Series of 2021
SECTION 1. BACKGROUND
1.1. On 23 July 2020, Joint Memorandum Circular No. 1, series of 2020 was executed for
the purpose of prescribing the streamlined processes and requirements as to
application for permits, licenses and clearances for the construction of Shared Passive
Telecommunications Tower Infrastructure (PTTIs) that will be constructed by Mobile
Network Operators (MNOs) duly authorized by the National Telecommunications
Commission (NTC) and Independent Tower Companies (ITCs) duly registered with the
DICT, in order to facilitate the accelerated rollout of telecommunication infrastructure
and service projects.
1.2. On 11 September 2020, Republic Act No. 11494 or the “Bayanihan to Recover As One
Act” was enacted to provide for COVID-19 response and recovery interventions and
provide mechanisms to accelerate the recovery and bolster the resiliency of the
Philippine Economy, provide funds therefore, and for other purpose.
1.2.1. Section 4 (ii) provides for COVID-19 Response and Recovery Interventions for
the acceleration of the deployment of critical Information and Communications
Technology Infrastructure (ICT) particularly additional cell towers, equipment,
software, and wireless technologies throughout the country to address the need
for digital connectivity, internet speed and stability, and Cybersecurity in E-
Commerce, E-Government, online learning, and telecommuting in order to
sufficiently meet the significant additional shift of the general public to online
services and platforms and to home and mobile communication units for doing
work from home, for completing commercial and other transactions, for
convening meetings and conducting conferences and seminars/webinars, and
for obtaining educational instruction during the COVID-19 pandemic through
the Department of Information and Communications Technology (DICT).
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1.2.2. One of the measures to be undertaken under the R.A. No. 11494 is the
temporary suspension of requirements to secure permits and clearances for
the construction of telecommunications and internet infrastructure.
1.3. The subsequent passage of R.A. No. 11494 brought about various interpretations as
to the applicability of JMC No. 1 s. 2020, particularly on the provisions that are in
conflict with R.A. No. 11494. Hence, this JMC is executed in order to harmonize the
provisions of R.A. No. 11494 and JMC No. 1 s. 2020 and provide further guidelines on
the implementation of JMC No. 1 s. 2020.
“SECTION 2. PURPOSE
The overall objectives of this Joint Memorandum Circular (JMC) are the
following:
2.1. To revise and expand Joint Memorandum Circular No. 01, series of
2020 in order to harmonize its provisions with the provisions of
Republic Act No. 11494 or the “Bayanihan to Recover As One Act”.
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3.3. The DPWH National Building Code Development Office Memorandum
Circular No. 1, s. 2005 provides that:
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3.7. DILG Memorandum Circular No. 2019-177, titled “Guidelines in the
Integration of the Issuance of Barangay Clearance in the Permitting
Processes of Cities and Municipalities”.
Except for the building permit issued by the Office of the Building
Official pursuant to Presidential Decree No. 1096 or the “National
Building Code of the Philippines”, as amended, and the height
clearance permit from the Civil Aviation Authority of the Philippines
(CAAP), no national or local permit or clearance shall be required in
the construction, installation, repair, operation and maintenance of
telecommunications and internet infrastructure by independent tower
companies registered with the DICT, or holders of authority granted by
the National Telecommunications Commission (NTC) to public
telecommunication entities, for a period of three (3) years from the
effectivity of this Act; Provided, That for homeowners and other
community clearances, the requirements provided under Section 15 of
Republic Act No. 11032 or the “Ease of Doing Business and Efficient
Government Service Delivery Act”, in relation to Section 10(k) of
Republic Act No. 9904 or the “Magna Carta for Homeowners and
Homeowner’s Associations”, shall apply.
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approved or disapproved within a non-extendible period of seven (7)
working days from the date the application was received. An
application which is not acted upon within such period shall be deemed
approved.
“SECTION 4. SCOPE/COVERAGE
4.2. It shall likewise cover the Local Chief Executives of all Cities,
Municipalities, and Barangays, their respective Office of Building
Officials, Business Permit and Licensing Officers, the members of the
Sangguniang Panglungsod, Sangguniang Bayan, and Sangguniang
Barangay, and all the Fire Officers and Marshals of the Bureau of Fire
Protection (BFP).”
“SECTION 5. APPLICABILITY
5.1. This JMC No. 1 s. 2020 shall apply to all pending and new applications
for the construction, installation, repair, operation and maintenance of
passive telecommunications and internet infrastructure both shared and
those by Independent Tower Companies (ITCs) duly registered with the
DICT and public telecommunication entities (PTEs) who are holders of
certificates of public convenience and necessity or provisional authority
granted by the National Telecommunications Commission (NTC).
5.2. It shall apply to all applications for the construction of cell towers,
installation of poles, ground terminals and other transmission or similar
telecommunications and internet infrastructure and facilities, including
but not limited to, the construction of other non-electronic or passive
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infrastructures, otherwise known as Passive Telecommunications
Tower Infrastructure (PTTI) in this JMC.
5.3. Section 6 of JMC No. 1 s. 2020 as originally stated prior to this JMC,
shall apply to applications filed before the effectivity of R.A. No. 11494.”
SECTION 6. Section 5 of JMC No. 1 s. 2020 is hereby revised and renumbered as Section 6
to read as follows:
6.4. Building Official (BO) – refers to the Executive Officer of the Office of
the Building Official (OBO) designated by the Secretary of Public Works
and Highways;
6.6. Business One Stop Shop (BOSS) – refers to the single common site
or location, or a single online website or portal designated for the
Business Permit and Licensing System (BPLS) of an LGU to receive
and process applications, receive payments, and issue approved
licenses, clearances, permits, or authorizations;
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6.9. Construction – refers to all on-site work done in the site preparation,
excavation, foundation, assembly of all components and installation of
utilities;
The term shall include: (a) the ducts , ladders, arresters, mounts, cable
entrances, and the cable trays of the PTTI; (b) the shared fiber-optic
and/or radio frequency cables or other similar equipment assemblies
that make up the fronthaul; (c) its appurtenant shelters, sheds, cabins,
cabinets or other similar house for the base-band units, radio units, and
related electronic equipment, as well as the cable entrances thereof; (d)
its power supply and back-up power management systems; and (e) all
other ancillary facilities as thereto may be necessary and pertinent for
its proper, resilient, and continuous operation as a PTTI. These auxiliary
and ancillary facilities need not necessarily have to be owned or
managed by each mobile network operator;
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Section 5.9, DILG-DPWH-DICT-DTI JMC No. 2018-01.
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Section 5.10, DILG-DPWH-DICT-DTI JMC No. 2018-01.
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Section 5.13, DILG-DPWH-DICT-DTI JMC No. 2018-01.
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6.16. Shared PTTI – refers to PTTI which are non-exclusive and are
accessible for common use in accordance with Title III of DICT
Department Circular No. 8, s. 2020.”
SECTION 7. Section 6 of JMC No. 1 s. 2020 is hereby revised and renumbered as Section 7
to read as follows:
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See Annex “A” of DPWH NBCDO Memorandum Circular No. 1, s. 2020 (30 July 2020) for the
template of the Unified Application Form for Building Permit.
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applicant-owner, include deed of absolute sale or other
contracts conveying similar rights, as part of submission.
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signed, and sealed by its corresponding duly
registered and licensed professionals as per Annex 1
of this JMC;
1. Ancillary Permits:
a. Architectural Permit;
b. Civil/Structural Permit;
c. Electrical Permit;
d. Mechanical Permit;
e. Sanitary Permit;
f. Plumbing Permit; and
g. Electronics Permit.
2. Accessory Permits:
a. Ground Preparation and Excavation;
b. Encroachment of Foundation to Public Area;
c. Fencing, for fence not exceeding 1.8 meters high;
d. Sidewalk Construction;
e. Temporary Sidewalk Enclosure and Occupancy;
f. Erection of Scaffolding; and
g. Erection, Repair, Removal of Sign and Demolition.
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See Annex “2” of this JMC for the Joint Certification template.
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c. Environmental Compliance Certificate (ECC) or
Certificate of Non-Coverage (CNC), if the proposed site
of construction is outside an environmentally critical area
(ECA);
d. Certificate of Safety Evaluation from the Department of
Health (DOH) - Food and Drug Administration (FDA); and
e. Certified True Copy of Provisional Authority (PA) or
Certificate of Public Convenience and Necessity (CPCN)
from NTC.
7.2.9. Fire Safety Evaluation Certificates (FSEC). The BFP shall detail
staff, who shall be tasked to evaluate FSEC, issue Order of
Payment and receive payments at the OSCP. FSEC shall not be
required if the application is for the construction of towers only.
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The amount of local fees and charges of the LGU in connection
with the construction of PTTI shall be reasonably commensurate
to the cost of regulation or provision of the service. The LGU
must also ensure a One-time payment of fees and charges
related to the applications shall be jointly implemented by LGU
concerned officials.
The LGU shall comply with the provisions of DILG-DOF JMC No.
2019-01, entitled “Guidelines for the Review, Adjustment,
Setting and/or Adoption of Reasonable Regulatory Fees and
Charges of Local Government Units”, in determining reasonable
rates of fees and charges to be imposed.”
7.3.2. As part of the backroom operations of the OSCP, the BO, with
the BFP, shall evaluate the document forwarded by the receiving
officer at the OSCP. The Local City/Municipal Fire Marshall shall
be provided three sets for the review of the fire safety
requirements as required for the issuance of the Fire Safety
Inspection Certificate (FSIC).
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See Annex “B” of DPWH NBCDO Memorandum Circular No. 1, s. 2020 (30 July 2020) for the
template of the Unified Application Form for Certificate of Occupancy/Use.
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7.3.3. Fire Safety Clearance (FSC). FSC shall be secured in the
following cases:
7.3.5. Business or Mayor’s Permit. Once payment has been made, the
OSCP, as part of its backroom operations, shall immediately
endorse the application for Business or Mayor’s Permit to the
Business One-Stop Shop (BOSS) of the LGU concerned by
forwarding the Application Form for Business or Mayor’s Permit
and documentary requirements submitted by the applicant,
including the certificates issued by the OSCP, that are required
in the issuance of a Business or Mayor’s Permit. Applications for
Business or Mayor’s Permit shall be acted upon within three (3)
working days from receipt of the complete documents from the
OSCP.
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SECTION 8. New sections to be numbered as Section 8, 9, and 10 are hereby inserted after
Section 7 of JMC No. 1 s. 2020, to read as follows:
8.1. A Height Clearance Permit (HCP) from the CAAP is required for all
proposed PTTIs that are fifty (50) meters or higher above the elevation
of the ground, and within the specified CAAP Critical Areas as
determined by CAAP through its survey mapping considering the
guidelines provided for or may be inferred under R.A. 9497 and/or
subsequent implementing rules and regulations.
8.2. The survey mapping for the CAAP Critical Areas shall be updated and
published through the CAAP website from the issuance of this JMC.
8.4. When the proposed PTTI structure is outside the CAAP Critical Areas
and below fifty (50) meters in height above the elevation of the ground,
the applicant shall not be required to submit a HCP but only to submit
to the LGU an Affidavit of Undertaking (AOU)7 certified by a Geodetic
Engineer, attesting that the proposed structure will be built outside the
CAAP Critical Areas as received and evaluated by the CAAP. The
CAAP shall post to their website or any other electronic means a copy
of the stamped received AOU.
8.5. Applicants shall submit the AOU certified by a Geodetic Engineer to the
CAAP office with attached Location Plan with Vicinity Map (signed and
sealed by a Geodetic Engineer). The same shall be processed upon
payment of fees and charges as provided in the CAAP Citizen’s Charter.
CAAP shall evaluate the application and stamped evaluated or issue
recommendation within two (2) working days.”
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See Annex “3” of this JMC for the Affidavit of Undertaking template.
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“SECTION 9. STANDARDS FOR PROCESSING HOMEOWNER’S
ASSOCIATION CONSENT
SECTION 9. Section 7 of JMC No. 1 s. 2020 is hereby revised and renumbered as Section 11
to read as follows:
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a. Oversee the implementation of this JMC;
b. Promote the JMC to the national government agencies and local
government units concerned;
c. Monitor the implementation of the JMC and ensure the imposition
of sanctions to non-compliant NGAs and LGUs;
d. Undertake other measures necessary to enforce the standards set
in this JMC;
e. Assist in the prosecution for violations of Sections 21 and 22 of RA
9485, otherwise known as the “Anti-Red Tape Act of 2007”, as
amended, in connection to this JMC; and
f. Prior to the end of the effectivity of Section 4 (ii) of R.A. No. 11494
(Bayanihan 2), the Oversight Committee shall review the provisions
of this JMC and issue policies, processes, and systems that will be
applicable in securing permits and clearances for the construction
of telecommunications and internet infrastructure after the
effectivity of Bayanihan 2.
11.2. The DPWH, in coordination with the DILG, shall conduct a series of
training programs for OBO and other concerned departments and
offices and local governments as well as ARTA and BFP in the
implementation of this JMC, which may cover, among others, the
standards for the issuance of Building Permit and Certificate of Use and
preparation of change management plan and action plan for each local
government, OBO, and BFP Office.”
SECTION 10. Section 8 of JMC No. 1 s. 2020 is hereby revised and renumbered as Section
12 to read as follows:
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12.4. Anti-Red Tape Authority (ARTA)
a. Coordinate technical assistance for the implementation of this JMC
from the development partners as part of its Ease of Doing
Business Activities;
b. Provide technical support for the implementation of the standards
provided for in this JMC;
c. Coordinate with business groups at the local and national levels to
support the new guidelines in streamlining the processes for
issuance of Building Permits and Certificate of Use; and
d. Oversee the implementation of this JMC in close collaboration with
DPWH, DILG, DICT, CAAP, DHSUD, DOH-FDA, NTC, and BFP.
12.6. DOH – Food and Drug Administration (FDA) – The DOH, through the
FDA, shall coordinate with concerned agencies that the safety
standards and guidelines are being followed to ensure the safety of the
public from established health effects of exposure to radiofrequency
radiation in relation to antenna installations.
12.7. Civil Aviation Authority of the Philippines (CAAP) – Ensure that the
issuance on the processing of height clearances and other compliances
in connection to the construction and operation of PTTIs are
streamlined.
SECTION 11. New section to be numbered as Section 13 is hereby inserted after Section 12
of JMC No. 1 s. 2020, to read as follows:
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2020, this JMC, and any other issuances that the Oversight Committee
will promulgate in the future. Adopting a whole-of-government
approach, the Oversight Committee shall issue separate guidelines
regarding the details of the development, maintenance and operations
of the Planning Database.
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d. Department of Information and Communications Technology
(DICT) – Issues arising from or relative to the registration of ITCs.
SECTION 12. Section 9 of JMC No. 1 s. 2020 is hereby renumbered as Section 14 to read as
follows:
The provisions of Sections 21, 22, and 23 of R.A. No. 9485, as amended by
R.A. No. 11032, are applicable in case of violations concerning applications or
requests for permits, licenses, clearances, authorizations or certifications
covered by this JMC.”
SECTION 13. Section 10 of JMC No. 1 s. 2020 is hereby revised and renumbered as Section
15 to read as follows:
All concerned NGAs shall submit to the Oversight Committee monthly progress
reports on their implementation of this JMC. For all inquiries and concerns
regarding this JMC, all questions should be directed/addressed to the following:
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DILG – Bureau of Local Government Development
Telephone No.: (02) 8925-0356
E-mail: lfrdd.official@gmail.com / odblgd@gmail.com
SECTION 14. Sections 11, 12, 13, and 14 of JMC No. 1 s. 2020 are hereby renumbered as
Sections 16, 17, 18, and 19 respectively, to read as follows:
The funding requirement for the implementation of this JMC and other relevant
activities shall be charged from the allotted appropriations of each respective
agency.”
If any section or part of this JMC is held unconstitutional or invalid, the other
sections or provisions not otherwise affected shall remain in full force and
effect.”
SECTION 15. Section 15 of JMC No. 1 s. 2020 is hereby revised and renumbered as Section
20 to read as follows:
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SECTION 18. APPROVING AUTHORITY
Digitally signed
by Belgica
Jeremiah Banta
Date: 2021.07.01
11:17:14 +08'00'
ATTY. JEREMIAH B. BELGICA, REB, EnP GREGORIO B. HONASAN II
Director General Secretary
Anti-Red Tape Authority Department of Information and
Communications Technology
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ANNEX “1”
1. Vicinity Map/ Location Plan within 500m radius with a convenient scale showing
prominent landmarks or major thoroughfares for easy reference.
4. Elevations, at least four (4), same scale as floor plans showing: gridlines; natural
ground to finish grade elevations; heights. (Indicate Tower Height and Total Structure
Height)
5. Sections, at least two (2) showing: gridlines; natural ground and finish levels; outline
of cut and visible structural parts; openings.
6. Accessory structures other than the tower, Plans, Elevations and Sections, and
Details, as may be applicable, of the following:
a. Accessible entrances, corridors, and walkways;
b. Accessible switches, controls;
c. Accessible audio visual and automatic alarm system;
d. Stairs, interior and exterior; and
e. Nearest Fire escapes/exits.
1. Structural Plans
a. Foundation Plans and Details at scale of not less than 1:100m. For PTTIs
installed on existing buildings, walls, rooftops, or other edifices, this includes
plans for the incorporation of the same into existing structural elements;
b. Structural Framing Plans and Details at scale of not less than 1:100m;
c. Details and Schedules of other structural and civil works elements.
2. Seismic Analysis
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Stability Certification with a minimum validity of ten (10) years from the date of
issuance.
a. Boring and Load Tests. Boring tests and, if necessary, load tests shall be
required in accordance with the applicable latest approved provisions of the
National Structural Code of the Philippines (NSCP). However, adequate soil
exploration (including boring and load tests) shall also be required for
structures at areas with potential geological/geotechnical hazards. The written
report of the civil/geotechnical engineer including, but not limited to, the design
bearing capacity as well as the result of tests shall be submitted together with
the other requirements in the application for building permit. Boring test or load
test shall also be done according to the applicable provisions of the NSCP
which set forth requirements governing excavation, grading and earthwork
construction, including fills and embankments for any building/structure and for
foundation and retaining structures.
C. GEODETIC DOCUMENTS
1. For PTTI structure built directly on the ground, Lot Survey Plans, including but not
limited to:
e. Detailed Topographic Plan and Section of the site and immediate vicinity
2. For PTTI structure installed on top of an existing building, the above-listed Geodetic
Documents shall not be required unless the base structure has encroachment issues.
D. MECHANICAL DOCUMENTS
2. General Layout Plan for each floor, drawn to a scale of not less than 1:100m, indicating
the equipment in heavier lines than the building outline with names of machinery and
corresponding brake horsepower shall be indicated.
3. Longitudinal and Transverse Sections of building and equipment base on the section
lines drawn to scale of at least 1:100 showing inter-floor relations and defining the
manner of support of machines/equipment. Sections shall run longitudinally and
transversely through the building length and width other than particularly detailed
section for each machinery/equipment.
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5. Plans drawn to scale of 1:100m indicating location of store rooms, fuel tanks, fire
extinguishing systems, fire doors, fire escape ladders and other protective facilities.
6. Detailed drawings of all duct work installations, indicating dampers, controls, filters,
fireproofing, acoustical and thermal insulation.
7. Detailed plans of machinery foundations and supports drawn to scale of at least 1:50m.
8. For all installations, additions or alterations involving machinery of at most 14.9 kW,
the signature of a duly licensed Mechanical Engineer shall be sufficient except fired
and unfired pressure vessels, elevators, escalators, dumbwaiters,
central/split/packaged type air conditioners and piping systems of steam, gas or fuels
9. Details plans of fire suppression systems, location of automatic and smoke detectors
and alarm and initiating devices used to monitor the conditions that are essential for
the proper operation including switches for the position of gate valves as well as alert
and evacuation signals; the detailed layout of the entire safe area to be protected and
the heat/smoke ventilation system.
2. Legend or Symbols;
5. Schedule of Loads, Transformers, Generating/UPS Units (Total kVA for each of the
preceding items shall be indicated in the schedule);
1. General Layout Pan with legends & Location Map to include exact location (Region,
Province, City/Municipality, Barangay, Bldg) of tower/ site/ facility with geographical
coordinates (Longitude and Latitude in Degrees/ Minutes/ Seconds);
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If installation of radio communications equipment (RCE) is included, in addition to
requirements 1,2,3,4—
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ANNEX “2”
JOINT CERTIFICATION
I, _______________________________________, the owner of the building located at
_______________________________ which has been existing for a period of _____years,
-and-
After the said extensive evaluation and testing conducted on __________________, I have
found the subject structure above state, to be structurally stable and complaint with the other
requirements mandated by P.D. 1096, otherwise known as the National Building Code of the
Philippines.
Further, the structural framing of the above stated structure consisting of beams, columns, and
footings are adequate enough to hold the whole structure, structurally safe and sound.
We hereby certify to the truthfulness and veracity of the above stated paragraphs, and that we
jointly assume any civil and/or criminal liability in case of structural failure, collapse, and damage within
the next ten (10) years.
IN WITNESS WHEREOF, we hereunto set our hands this ___day of _____, at _________city.
___________________ _____________________
Affiant (Owner) Affiant (Engineer)
SUBSCRIBED AND SWORN to before me this ___ day of ___, 20___ at __________, Affiant
exhibiting to me his valid government-issued identification no.___________________ Issued at
___________ and valid until _________________________.
Notary Public
until 31 December 20___
PTR No. _____________
Issued at: _____________
Issued on: __________
TIN No. ____________
Doc. No. __________
Page No. __________
Book No. _________
Series of __________
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ANNEX “3”
AFFIDAVIT OF UNDERTAKING
I, (Name of Geodetic Engineer), of legal age, single/married, duly licensed Engineer with PRC
ID No. _____________, Filipino and residing and with postal / business address at
___________________________________________________, after having duly sworn to in
accordance with the law, depose and say:
1. That I am duly engage to gather the survey data for the proposed (“Height of Tower” or
“Height of Tower plus Existing Structure” above local ground level)-meter-high PTTI of
the applicant / proponent, (Name of Tower Company), a duly organized corporation or
company with business / postal address at (Complete Mailing Address of the Proponent);
2. That after the conduct of the actual survey, the following information was gathered:
a. Address of the site for the proposed PTTI construction is at (Lot Number with Survey
Number, Street Name, Barangay, District, City or Municipality, Province);
b. The coordinates, in World Geodetic System of 1984 (WGS-84), of the site for the
proposed Shared PTTI construction are (Latitude and Longitude in degrees-minutes-
seconds);
c. The ground elevation, in Earth Gravitational Model 2008 (EGM2008), of the site for the
proposed Shared PTTI construction is (Site Elevation at Ground Level in meters);
d. The site of the proposed Shared PTTI construction is outside the CAAP Critical Areas
(attached the map or approved location);
3. I am executing this undertaking to attest to the truth of all the foregoing in compliance to the
inter-agency Joint Memorandum Circular No. 018 series of 2020.
IN WITNESS WHEREOF, I have hereunto signed this Undertaking, this ______ day of
________________, in the City of _____________, Philippines.
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Streamlined Guidelines for the Issuance of Permits, Licenses, and Certificates for the Construction of
Shared Passive Telecommunications Tower Infrastructure (PTTIs).
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