ECE Laws

Excel Review Center List of ECE Laws:

RA 9292 RA 5734 RA 8792 RA 3846

RA 7925

PD 223

RA 8981

RA 8370

DO 11

DO 88

EO 109

EO 125

EO 125-A EO 205

EO 255

EO 266

EO 546

RA 6541

Electronics Engineering Law of 2004 (approved April 17, 2004) ECE Law of the Philippines (repealed) E-Commerce Act of 2000 (approved June 14, 2000) Regulation of Radio Stations and Radio Communications in the Philippines Public Telecommunications Policy Act of the Philippines (approved March 1, 1995) Creating PRC and prescribing its powers and functions (repealed) PRC Modernization Act of 2000 (approved December 5, 2000) Children’s Television Act of 1997 (Approved October 28, 1997) Establishment of radio transmitters and transceivers in the Philippines ECE required in Radio Installations (December 28, 1972) Policy to improve the Provision of Local Exchange Carrier Services (July 12, 1993) Creation of Ministry of Transportation and Communications (January 30, 1987) Creation of DOTC (April 13, 1987) Regulating the operation of CATV in the Philippines (June 30, 1987) Requiring all radio stations to broadcast OPM compositions 4 times every clockhour (July 25, 1987) Institutionalization of CPE programs under the supervision of the PRC (July 25, 1995) Creation of Ministry of Public works and a Ministry of Transportation and Communications (July 23, 1979) National Building Code of the Philippines (August 26, 1972)

RA 9292 – Electronics Engineering Law of 2004  

Repealed RA 5734 8 articles, 43 sections

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 “Electronics” – development and application systems involving flow of electrons in any media. “Computer” – can record data, execute programs. “Information and Communications Technology” – acquisition to storage of data and info. By electronic means in vocal, textual, etc. “Communications” – process of sending/receiving information bet. 2 or more points by any media. “Telecommunications” – any transmission/reception of voice, data, text, etc. by wire, radio, light, electromagnetic and technological means. “Broadcasting” – transmission of audio, video, etc. for reception of broad audience via wired or wireless. “Industrial Plant” – manufacturing establishments andq businesses where electronic machinery are installed, used, sold, operated, etc. “Commercial Establishment” – buildings used for business or profit where electronic or electronically-controlled equipment are installed, used, sold, operated, etc. “Consulting Services” – services requiring technical expertise and professional capability for advisory or review, design, etc. in the field of electronics engineering Accredited Professional Organization (APO) – integrated/accredited national organization of PECEs, ECEs, ECTs (IECEP) Scope and nature of ECE includes: ECE principles, administration, management, supervision of such principles, teaching and training activities. Scope and nature of PECE includes: scope of ECE plus consulting services, sign and seal design, plans, schematics, etc. Scope and nature of ECT includes: any non-engineering work relating to installation, operation, control, test, sales/marketing, etc. of any electronic devices on any location. Composition of Board of ECE: Supervised by PRC; Chairman with 2 members appointed by The President of Philippines from the 3 recommendees per position chosen by the Commission where the recommendees chosen were from 5 nominees per position submitted by APO (IECEP).

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Powers and functions of the Board: o Administer provisions of RA9292 o Administer oaths o Issue, suspend or revoke certificate of registration and professional ID of PECE, ECE and ECT o Roster of PECE, ECE, ECT o Issue, suspend or cancel special permits to foreign PECE, ECE, ECT o Prescribe or revise the syllabi of subjects for licensure exam o Make program for full computerization of licensure exam o Registration without exam, subject to review and approval of the Commission o Examine/Recommend schools, colleges, and universities seeking permission to open ECE-related courses in accordance to CHED, TESDA, APO and other government agencies concerned. Provided that the Board shall redefine the curricula of the schools, colleges universities to define the minimum requirements for the graduates to qualify to take the licensure exam. o Inspect educational institutions regarding the school permits, authorization, opening, upgrading, and closure of such offering ECE and ECT courses. o Administer Code of Ethics and a Code of Technical Standards of Practice for PECE, ECE, ECT. o Promulgate rules for PECE, ECE, ECT o Program for continuing professional education or development of PECE, ECE, ECT o Prescribe minimum manpower requirements for PECE, ECE, ECT in industrial and commercial plants. o Formulate rules for electronics installations in buildings covered by National Building Code of the Philippines in coordination with DPWH o Study conditions affecting PECE, ECE, ECT, adopt measures for advancement of profession; conduct ocular inspection to buildings where PECE, ECE and ECT are employed. o Hear violations on this Act, Code of Ethics and Code of Technical Standards of Practice, issue subpoena ad testificandum and/or subpoena duces tecum.

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Delegate hearing filed before it to authorized officers of the Commission except when the practice of the PECE, ECE and ECT is involved then 1 member of the Board assisted by a Legal or Hearing Officer. o Promulgate resolutions subject to appeal within 15 days from receipt of Commission which may dismiss the case, deny the appeal, etc. If no appeal is taken after 15 days, it will be final and immediately enforceable. o Submit an annual action plan and report at the beginning and close of the fiscal year on activities of the Board o Discharge such other powers of the Board may be necessary for development of PECE, ECE, ECT profession. Except in administrative cases, all policies promulgated by the Board are subject for review by the Commission. Qualification of Board Members: o Citizen and resident of Philippines at least 5 years prior to appointment o Good moral character o Holder of valid certificate of registration and professional ID as PECE o Member of good standing in APO o Active practice of ECE profession for at least 10 years (self employed or gov’t or private sector) o Must not have biases for any educational institution conferring admission to ECE/ECT or review classes offering or be a member of the faculty prior to oath o Must not be convicted Term of office of the Board – 3 years from appointment or until the successors are re-appointed (vacancies can be filled w/in the term only if the member may be reappointed more than once and has a tenure less than 6 years) The Board shall have allowances comparable to the members of existing regulatory boards under the commission. The President of the Philippines upon recommendation of the Commission may suspend/remove a member of the Board if rigging, tampering, etc. in licensure exam took place.

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All records of the Board involving PECE, ECE and ECTs shall be kept by the Commission Aspiring ECE and ECTs must take the exam Qualifications for Examinations: o Citizen of the Phil or of foreign country according to section 33 o Good moral character o For ECE – BS ECE or equivalent o For ECT – graduate of associate, technician or vocational course; minimum 3rd yr equivalent of BS ECE For ECT – written and/or practical tests The Board may reorganize the test due to modern changes To pass the exam: average of more than 70% with the minimum of 70% each subject. Conditionally passed: average of more than 70% of majority of subjects but one subject has below 70% but above 60%. Release results within 15 days Qualifications for PECE: o Valid certificate of registration and professional ID as ECE o Valid membership from APO o Active self-practice/government service/private sector for 7 years with 2 years of significant engineering work from oath as ECE o 3 certificates from 3 PECE’s stating the documents as factual  En banc oral interview for verification  Provided that registered ECE’s for at least 7 years may not submit the 3 certificates A certificate of registration is granted to those who pass the ECE/ECT exam, ECEs registered as PECEs, and ECTs who are registered w/o exams. o Signature of Chair and members o Stamped with seal o Registration number o Date of registration

Article I: General Provisions Section 1: Title Section 2: Statement of Policy Section 3: Definition of Terms Section 4: Categories of Practice Section 5: Nature and Scope of PECE, ECE and ECT Article II: Professional Regulatory Board of Electronics Engineering Section 6: Composition of the Board

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Section 7: Powers and Functions of the Board Section 8: Qualifications of the Board members Section 9: Term of Office Section 10: Compensation and Allowances of the Board Section 11: Removal of Board Members Section 12: Custodian of Board Records, Secretariat and Support Services Article III: Examination, Registration and Licensure Section 13: Licensure Examination Section 14: Qualifications for Examinations Section 15: Scope of Examination for Electronics e=Engineers and Electronic Technicians Section 16: Ratings Section 17: Release of the results Section 18: Qualifications and schedule of registration for PECE Section 19: Issuance of Certificate of Registration and Professional ID card Section 20: Registration without Examination for ECT Section 21: Non-issuance of a Certificate of Registration and/or Professional ID card for certain grounds Section 22: Professional Oath  Prerequisite to practicing as a PECE, ECE and ET Section 23: Revocation and suspension of certificate of registration, professional identification card and cancellation of special permits  Improper use of profession will cause revocation of professional ID. Section 24: Reinstatement, re-issuance or replacement of certificate of registration and professional identification card  Reinstatement after 2 years provided no illegal practice within 2 years. Section 25: Roster of professional electronics engineers, electronics engineers and electronics technicians Section 26: Exemptions from examinations and registration  Exam and registration are not required if you are employed by government or private company in the following cases:

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No other Filipino professional available Stated as temporary employment of a foreign professional As defined on the Trade in Services provided:  The foreigner is qualified  The work of foreigner is limited to what is stated in contract  Secure a permit from commission  Foreigner shall not engage in private practice  2 Filipino professionals shall be employed per foreigner hired  The special permit is good for only 6 months, and can be renewed every 6 months

Article IV: Practice of PECE, ECE, ECT

ECE LAWS 

PECE, ECE and ECT can work in service of government only if registered and licensed

Article VI: Penal provision and assistance of law enforcement agencies Section 35: Penal Provision  The following will be penalized with not less than PHP100K nor not more than PHP1M or by imprisonment of not less than 6 months nor not more than 6 years.  Fraud  Using of others ID  Present revoked ID  Pretend as certified PECE, ECE, ECT  Use seal with revoked ID  Violation of this act, code of ethics and the code of technical standards of practice

Section 27: Practice of the profession  One is not allowed to act or proclaim as PECE, ECE, ECT if you do not have valid ID/license

Section 36: Assistance of law enforcement and other government agencies

Section 28: Prohibitions and limitations on the practice of electronics engineering and electronics technician profession  No firm or group is allowed to be registered or licensed to practice PECE, ECE or ECT.

Section 37: Transitory Provision

Section 29: Seal of the PECE  All licensed PECE shall be given a seal certified by board Section 30: Code of Ethics and Code of Technical Standards of Practice  The Board shall adopt code of ethics promulgated by accredited professional organization (APO) Article V: Sundry Provisions Section 31: Continuing Professional Education (CPE) and/or Development programs  PECE, ECE, ECT shall comply with rules by the board and from APO and other government agencies. Section 32: Integrated and accredited professional organization  There shall be 1 integrated and APO of PECE, ECE and ECT in the country (IECEP) Section 33: Foreign Reciprocity  Foreigners are allowed to practice profession here only if our professionals can also practice profession in their country as stated in foreign agreements. Section 34: Position in government requiring the services of registered PECE, ECE, ECT

Article VII: Transitory Provision

Section 38: Vested rights: Electronics and Communication Engineers when this law is passed  All electronics and communication engineers will become electronics engineers. Article VIII: Final provision Section 39: Implementing Rules and Regulations Section 40: Appropriations Section 41: Separability clause Section 42: Repealing clause Section 43: Effectivity RA 8792 – E-Commerce Act of 2000  

42 sections Aims to facilitate domestic and international dealings, transactions, arrangements agreements, contracts and exchanges and storage of information through the utilization of electronic, optical and similar medium, mode, instrumentality and technology to recognize the authenticity and reliability of electronic documents related to such activities and to promote the universal use of electronic transaction in the government and general public.

Section 6: Legal Recognition of Electronic Data Messages

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Section 7: Legal Recognition of Electronic Documents Section 8: Legal Recognition of Electronic Signatures.  An electronic signature on the electronic document shall be equivalent to the signature of a person on a written document if that signature is proved by showing that a prescribed procedure, not alterable by the parties interested in the electronic document Section 11: Authentication of Electronic Data Messages and Electronic Documents Section 12: Admissibility and Evidential Weight of Electronic Data Message or Electronic Document Section 27: Government Use of Electronic Data Messages, Electronic Documents and Electronic Signatures Section 28: RPWEB To Promote the Use of Electronic Documents or Electronic Data Messages In Government and to the General Public Section 30. Extent of Liability of a Service Provider Section 31. Lawful Access Section 32. Obligation of Confidentiality Section 33. Penalties  Hacking or crackling  Piracy or the unauthorized copying, reproduction, dissemination, or distribution, importation, use, removal, alteration, substitution, modification, storage, uploading, downloading, communication, making available to the public, etc.  Other violations of the provisions of this Act, shall be penalized with a maximum penalty of one million pesos (P 1,000,000.00) or six (6) years imprisonment. RA 3846 – Regulation of Radio Stations and Radio Communications in the Philippines 

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Nobody can operate a radio transmitting station, radio receiving station or a radio broadcasting station without obtaining FRANCHISE from Congress No franchise needed: amateur, experimental, training, mobile and private remote stations “Station” – radio transmitting station, radio receiving station, radio broadcasting station Permit from Secretary of Commerce and Industry needed in constructing stations

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Application to renew license – submit 2 months before license expires License – can’t be transferred to others without authority from secretary; granted only for US and Phil. citizens Privileges granted in the license shall not be exclusive In time of war, station may be closed or used by the government upon just compensation Message should not be divulged to any unauthorized persons Provisions of this act doesn’t apply to stations owned by government (as long as they comply with International Radiotelegraph Regulations) Act 3275 (An act providing for effective radio control) is repealed in this act

RA 7925 – An Act to Promote and Govern the Development of Philippine Telecommunications and the Delivery of Public Telecommunications Services      

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Short title: Public Telecommunications Policy Act of the Philippines “Telecommunications” – process that relays and receives voice, data, messages (written or printed) “Public Telecommunications Entity” – those engaged in provision of telecom service to the public “Franchise” – authorize entity to engage in telecom service; by Congress “Local Exchange Operator” – provide transmission and switching of telecom services in the Philippines “Inter-exchange carrier” – also known as national backbone network operator; connects local exchange within the Philippines; engaged in national long distance services “International Carrier” – provide transmission and switching of telecom service bet Phil. And other countries “Value-added Service Provider” (VAS) – offers enhanced services “Public Toll Calling Station” – public can place calls or telegrams upon payment approved March 1, 1995

RA 8981 – PRC Modernization Act of 2000 

21 sections

Section 4: Composition  1 full-time Chairperson and two 2 fulltime Commissioners, all to be appointed by the President for a term of 7 years without reappointment to start from the time they assume office.  Appointments to a vacancy that occurs before the expiration of the term of a Commissioner shall cover only the unexpired term of the immediate predecessor  The Chairperson or Commissioner shall be at least 40 years of age, holding a valid certificate of

ECE LAWS 

registration/professional license and a valid professional identification card At least 5 years of executive or management experience: Provided, That, one (1) of the Commissioners must be a past Chairperson/member of a Professional Regulatory Board.

Section 7: Powers, Functions and Responsibilities of the Commission

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A minimum of 15% of the daily total air time of each broadcasting network shall be allotted for child-friendly shows

DO 11 – General Rules and Regulations Governing the Construction, Installation, Establishment or Operation of Radio Stations and the Possession or Ownership, Construction or Manufacture, Sale and Transfer of Transmitters and Transceivers in the Phil.

Section 8: Regional Offices Section 9: Powers, Functions and Responsibilities of the Various Professional Regulatory Boards Section 11: Person to Teach Subjects for Licensure Examination on all Professions Section 15: Penalties for Manipulation and Other Corrupt Practices in the Conduct of Professional Examinations  Any person who manipulates or rigs licensure examination results, secretly informs or makes known licensure examination questions prior to the conduct of the examination or tampers with the grades in professional licensure examinations shall, upon conviction, be punished by imprisonment of not less than six (6) years and one (1) day to not more than twelve (12) years or a fine of not less than Fifty thousand pesos (P50,000.00) to not more than One hundred thousand pesos (P100,000.00) or both such imprisonment and fine at the discretion of the court. RA 8370 – Children’s Television Act of 1997  

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16 sections State recognizes the importance and impact of broadcast media on the value formation and intellectual development of children and must take steps to support and protect children's interests by providing television programs that reflect their needs, concerns and interests without exploiting them. “Children” – all persons below 18 years old

Section 4: Establishment of a National Council for Children's Television  Composed of 5 members, appointed by the President for a term of three 3 years: Provided, That of the first appointees: a) the term of the first set of 2 members shall be for 3 years; b) the term of the second set of 2 members shall be for 2 years; and c) the term of the remaining member shall be for 1 year Section 7: Functions of the Council Section 9: Allotment of air time for educational children's programs

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Took effect of January 1, 1951 “Permittee” – someone who holds a certificate issued by Sec. of Public Works and Communications to own, purchase and sell transceivers “Dealer” – engaged in buying/selling business “Manufacturer” – manufacture transceiver “Permit to Possess” – certificate to authorize possession of transceiver “Permit to Own” – certifies the holder that he is the owner of transmitter or transceiver “Permit to Transfer” – authorizes transfer of transceiver to another person “Dealer’s Permit” – issued to those engaged in buy and sell of transceivers “Purchase Permit” – authorize holder to purchase a transmitter or transceiver “Construction Permit” – issued for the construction of transmitter/transceiver/radio station “Permit to sell” – authorize holder to sell transceiver to holder of Purchase Permit Permit to sell is not required to holders of Dealer’s Permit “Radio Station License” – authorize holder to operate a radio station “Radio Station” – consists of transmitter or receiver (or combination) and other equipments needed for radio communication service Information needed during registration: name, location of apparatus, model and serial number of apparatus, name and address of firm where apparatus was acquired, data acquired For operation of radio transmitting station – obtain Franchise first from Congress Exemptions from franchise: amateur, training, experimental, mobile, private stations Permit from Secretary of public works and communications needed before construction of radio station Application of construction permit – should be in duplicate and should be under oath Requirement of another construction permit is needed during: o installation of additional Transmitter o increasing power of Transmitter o changing location of station o changing antenna system

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o change emission type of station 1 construction permit for Transmitter and Receiver if they are on the same location 2 construction permits if Transmitter and Receiver have separate locations Period of construction permit: 30, 60, 90 days (depends on class of radio service) – can be extended upon payment and application Station License is not more than 3 years Apply for renewal should be 2 months before expiration In actual operation of Transmitter and Receiver apparatus, persons holding operator licenses are required Station and operator licenses must be conspicuously posted (station license posted at Transmitter station while operator license posted in the place where operator renders service) Operator must carry license in the case for aircraft and land mobile station Station license can be revoked if: o False statement in license application o Violations of radio laws, local or int’l. No license can be revoked without hearing Permits issued can also be revoked (but must also go through hearing) Removal of plate number is illegal No plate number, subject to confiscation by Radio Control Office Transmission by station of profane words or anything that may endanger the country is prohibited Transmission of superfluous signals are forbidden Prevention of interference: o Operation must ensure least possible interference o Licensed power should not be exceeded except for distress signals (emergency) o Transmit freq. measured regularly o Transmit must operate on assigned frequencies (or within prescribed freq. tolerance) o Spurious radiations and key clicks must be reduced o Good engineering practice in manufacturing of apparatus Stations must follow regulations of International Radio Regulation in terms of traffic handling Transmission of signal without identification (call signs) is forbidden to all stations Log books should be retained for at least 2 years Entries regarding distress traffic occurring in the maritime mobile and aeronautical services must be preserved and not destroyed In broadcasting service, each frequency must be assigned a separate call sign and considered a station

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Violation of person: fine of not more than PHP2000 or imprisonment of not more than 2 years for every offense Violation of firm: fine of not more than PHP5000

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DO 88 – Rules and regulation requiring the services of duly registered electronics and communications engineer in the planning, and designing installation or construction, operation and maintenance of radio stations and in the manufacture and/or modification of radio communications equipment   

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Took effect in Dec. 28, 1973. 7 sections Radio station construction permit applicant shall submit to the Radio Control Office an application which is supported by the ff: o Engineering plans and designs with specifications of the radio station to be constructed or modified. Should be signed by a duly registered ECE. o Shall not apply to amateur stations, citizen band radio stations, land mobile or portable stations operating in VHF/UHF microwave bands, aircraft stations in the noncommercial service, ship low power radio-telephone stations, communication services not used for commercial purposes, operating in non-multiplex basis, effective communications coverage area not to exceed 5 km-radius. Installation or construction of a radio station o Must have construction permit o Supervised by registered ECE o No license for the operation of the station so constructed shall be issued unless a certification by an ECE to the effect that the station was constructed or installed in accordance with the approved specifications and that the construction or installation thereof was under his direct supervision, is submitted and duly verified by Radio Control Office. o Shall not apply to.. same as Section 1. Operation and maintenance of radio comm. System comprised of 6 or more of any type of land radio stations shall be under the supervision of a duly reg. ECE. o Except: amateur, paging, maritime mobile, land mobile or portable VHF/UHF microwave bands, aircraft, citizen band radio service, radio training stations

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Operation and maintenance of any broadcasting system or network shall be under a duly reg. ECE. o Except: AM broadcast band with carrier power not in excess of 1 KW, FM broadcast station with power not in excess of 3 KW, TV translators with RF carrier power not in excess of 1 W, TV RF boosters with power not in excess of 3 KW. o Affected radio stations already licensed and operating prior to this Order shall comply after 1 year effectivity of this Order. No permit for the manufacture and/or modification of radio communication equip. shall be granted, unless applicant submits design specs. with sign and seal of duly reg. ECE. The manufacturing process shall also be supervised by the ECE. Violations shall be dealt with in accordance to Act No. 3846, as amended, and/or RA No. 5734.

EO 109 – Policy to improve the provision of Local Exchange Carrier Services   

18 sections Improve the provision of local exchange service in unserved and underserved areas as defined by the NTC promoting universal access to basic telecommunications service.

Section 5: Service- Packaging  Authorized gateway operators shall provide a minimum of three hundred (300) local exchange lines per international switch termination  At least one (1) rural exchange line shall be provided for every ten (10) urban local exchange lines installed Section 7: Cellular Mobile Telephone System  Authorized international gateway operator may also be authorized to provide Cellular Mobile Telephone System (CMTS) service and other nonbasic telecommunications service which are possible source of subsidy for local exchange carrier service. Section 13: Policy Implementation  The NTC is hereby directed to promulgate the guidelines, rules and regulations to implement this Executive Order EO 205 – Regulating the operation of CATV in the Philippines 

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Section 1: CATV is open to all citizens of the Philippines

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ECE LAWS

Section 2: A Certificate of Authority to operate Cable Antenna Television (CATV) system is granted by the Commission on a non-exclusive basis and for a period not to 15 years, renewable for another similar period Section 6: The NTC is hereby authorized to issue the necessary rules and regulations EO 255 – Requiring all radio stations to broadcast a minimum of 4 OPM compositions in every clockhour  

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4 sections Conserve, promote and popularize the nation's historical and cultural heritage and resources, as well as artistic creations, and to give patronage to arts and letters "OPM" - any musical composition created by a Filipino, whether the lyrics be in Pilipino, English or in any other language or dialect. Failure to broadcast the minimum number of original Pilipino musical compositions in every clockhour of a program with a musical format shall be fined in the amount of P100.00 per violation. The NTC may suspend or cancel the Certificate of Registration and Authority to operate of any radio station in the event of repeated violations of this Executive Order or its implementing rules and regulations.

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