Ordinance on cell site construction passed

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Sunday, June 13, 2010

THE Davao City Council passed in third and final reading the ordinance regulating the construction and maintenance of cellular towers for mobile phones services in the city.

The resolution of proponent Councilor Pilar Braga, when approved by the city mayor, would be another landmark ordinance for the city.

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The ordinance applies to all telecommunication towers to be installed by telecommunication companies, their general contractors and subcontractors applying to construct towers for base stations, cellular, and other similar wireless communication facilities in the city.

The installation of antennas and other similar facilities are not covered by this ordinance.

"This would be beneficial for both the telecommunication companies who wants to apply to construct towers in the city as well as for the city. This ordinance details ano ang mga gagawin nila before going to the City Council for endorsement. It would also be good for the city as additional source of income in terms of taxes and revenue because we would impose regulation fees," Braga said last week.

The resolution however face amendments as regulation fees to the construction of towers would undergo consultation with the City Treasurer's Office, City Planning and Development Office (CPDO) and other concerned departments.

"This is good as approved, the essence of the ordinance is still there but on the regulation fees na lang ang ihabol. Anyway what was important in the resolution is the approval of the correct order of steps in the application to construct telecommunication towers," Braga said.

On the application, the resolution states the following steps or requirements of permits and licenses have to be acquired:

* Clearance from the barangay where the cellular tower is located and/or shall be constructed.

* At the CPDO, the applicant has to submit:
(a) Vicinity map,
(b) Site plan,
(c) Evidence of ownership,
(d) Certificate of Public Convenience and Necessity from the National Telecommunication Commission,
(e) Radiation Evaluation Report from the Bureau of Health Devises and Technology of the Department of Health,
(f) Written consent, approval of the governing body of the duly constituted Homeowner's Association, and in the absence of an established HOA a consent or affidavit of non-objection from the majority of actual occupants,
(g) Barangay Council Resolution endorsing the celluar tower,
(h) Bill of Materials and Estimated Cost,
(i) Location Clearance Fees Payable to Housing and Land Use Regulatory Board (HLURB),
(j) Authorization of persons allowed to follow-up the clearance, and
(k) Height Clearance from the Civil Aviation Authority of the Philippines.

* At the City Engineer's Office (CEO):
(a) The Office of the Building Official will assess and evaluate the building plan, mechanical plan, and electrical in accordance with the National Building Code; and the
(b) Fire Clearance to construct in accordance with RA 9514.

* A Notice to Commence shall be issued by the Office of the Building Official to the applicant.

* A Certificate of Occupany will be acquired from the CPDO and the CEO.

All these will have to be accomplished before the telecommunications company applies for an authority to construct its tower with the City Council, which shall review and thereafter act upon by passing a resolution if it finds the installation favorable and in order.

Ordinance cell site construction passed

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