FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPP INS 
) 
Second Regular Session 
) 
'12 
J~N 21\' 6 :13 
SENATE 
S.B. No. 3108 
Introduced by Senator JUAN PONCE ENRILE 
EXPLANATORY NOTE 
This bill seeks to regulate the use of utility poles, related support structures 
and rights of way for the transmission of TV or telecommunications signals, as 
well as the rates, terms and conditions for pole attachments under a just and 
reasonable framework, and hereby authorizing the National Telecommunications 
Commission as the implementing body. 
The 1987 Constitution enshrines the state policy that recognizes the vital 
role of communication and information in nation-building. This policy can only be 
realized by providing the consuming public with wider and more affordable access 
to an improved variety of communication and information services. However, 
despite an impressive array of technologies and innovations, the cable television 
and telecommunications industries have been and continue to be handicapped by 
the unavailability of utility poles and the lack of pole attachment regulations. 
The cable television and telecommunications industries have been for 
several decades employing cables and related transmission equipment to. reach the 
consuming public, thus necessitating utility poles, related support structures and 
rights of way to facilitate signal distribution. Unfortunately, these require 
significant financial investments which only a few can afford, such as pole-owning 
power utilities which in turn pass on the costs to the consuming public. As such, 
the cable TV operators and telecommunications companies have often been 
constrained to pay arbitrary and exorbitant pole attachment fees to pole owners. 
This has ultimately led to unjust financial benefits on the part of the pole owner, 
curtailed service for the attaching entity, and required doubled payments by the 
consuming public. 
There is a need, therefore, to regulate the use of utility poles, related support 
structures and rights of way for the transmission of TV or telecommunications 
signals, as well as the rates, terms and conditions for pole attachments in order to 
promote and protect the growth of the cable television and telecommunications 
industries, and for the ultimate purpose of providing the consuming public with 
wider and more affordable access to an improved variety of services. 


The State shall guarantee the right of cable TV operators and 
telecommunications companies to secure and use their own or to have and 
maintain access to utility poles, related support structures and rights of way used or 
useful, in whole or in part, in the transmission of TV or telecommunications 
signals under a just and reasonable framework. 
Hence, the immediate passage of this bill is earnestly sought. 
E 


I,: 
p:~~pn'~l;t' 
fIFTEENTH CONGRESS OF THE REPUBLIC 
) 
119H,;r l1f HF .;.~, \ ~bl U. 
OF THE PHILIPPINS 
) 
Second Regular Session 
) 
'12 
JAN 2~ ::'6 :13 
SENATE 
S.B. No. 3103 
Introduced by Senator JUAN PONCE ENRILE 
AN ACT 
REGULATING THE USE OF UTILITY POLES, RELATED SUPPORT 
STRUCTURES, AND RIGHTS-OF-WAY FOR THE TRANSMISSION OF 
TELEVISION OR TELECOMMUNICATIONS SIGNALS, INCLUDING 
RATES AND TERMS FOR POLE ATTACHMENTS, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Cong"'.' ~"mbl,d; 
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Section 1. Short Title - This Act shall be known as the "Pole Attachments 
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Act of2012". 
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Section 2. Declaration of Policy - It is the declared policy of the State to 
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regulate the use of utility poles, related support structures and rights of way for the 
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transmission oftelevision or telecommunications signals, as well as the rates, terms 
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and conditions for pole attachments in order to promote and protect the growth of 
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the cable television and telecommunications industries, and for the ultimate 
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purpose of providing the consuming public with wider and more affordable access 
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to an improved variety of services. The State shall guarantee the right of cable TV 
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operators and telecommunications companies to secure and use their own or to 
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have and maintain access to utility poles, related support structures and rights of 
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way used or useful, in whole or in part, in the transmission of television or 
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telecommunications signals under a just and reasonable framework. 
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Section 3. Construction and Interpretation - The provisions of this Act 
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shall be liberally construed in order to carry out the declared policy of the State. 
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Accordingly, reference may be made to the recognized standards of safety, 
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industry practices and generally accepted engineering principles. 
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Section 4. Definition of Terms 
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a. "Pole Owner" refers to an entity, that may be a power or other public 
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utility, a telecommunications company, a cable TV operator, a local 
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cooperative, a municipal corporation or a property developer, that owns 
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utility poles, related support structures and/or controls rights of way used 
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or useful, in whole or in part, in the transmission of TV or 
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telecommunications signals to subscribers. 
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b. "Attaching Entity" refers to an entity, that may be a cable TV operator 
or a telecommunications company, that makes or maintains a pv 
attachment. 
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c. "Pole Attachment" refers to the attachment made by an attaching entity 
to a pole owner's utility pole, related support structure or right of way used 
or useful, in whole or in part, in the transmission of TV or 
telecommunications signals to subscribers. 
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d. "Pole Attachment Fee" refers to the amount to be paid by the attaching 
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entity to the pole owner in exchange for the pole attachment, payable at the 
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end of every quarter of a year on a per pole basis. 
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e. "Additional Maintenance Expense" refers to the necessary quarterly 
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cost directly and exclusively pertaining to preserving the integrity and 
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proper functioning of the pole attachment. It forms part of the pole 
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attachment fee. 
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f. "Pole Premium" refers to the amount, equivalent to Twelve percent 
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(12%) of the additional maintenance expense, payable to the pole owner as 
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premium for the pole attachment. It fOlms the other part of the pole 
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attachment fee. 
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g. "Commission" refers to the National Telecommunications Commission 
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as the implementing body of this Act. 
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Section 5 . Formula for the Pole Attachment Fee - The pole attachment fee 
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shall be equal to the sum of the additional maintenance expense and the pole 
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premium, wherein: 
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a. For the purposes of this Act, the additional maintenance expense shall be 
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disputably presumed to be equal to Twenty-Five Pesos (Php 25.00). 
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Provided, that the foregoing disputable presumption may be adjusted by the 
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Commission Five (5) years after the passage of this Act and every Five (5) 
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years thereafter, as warranted by the arguments and proofs submitted by the 
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patties. In no case shall the adjustment be more than Twenty percent 
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ofthe previous amount of the disputable presumption. 
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Provided further, that the foregoing disputable presumption may be disputed 
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on a case to case basis by the pole owner or the attaching entity, by way of 
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submission to the Commission of proof of the necessary quarterly cost 
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directly and exclusively pertaining to preserving the integrity and proper 
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functioning of the pole attachment. During the said dispute, any payments 
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made would utilize the foregoing disputable presumption subject to refund 
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or additional payment, as and after determined by the Commission. 
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b. For the purposes of this Act, the pole premium shall be equal to Twelve 
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percent (12%) of the additional maintenance expense. 
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c. For the purposes of this Act, the number of utility poles for which pole 
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attachment fees are payable shall be equal to the number of utility poles 
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applied for pole attachment by the attaching entity minus the number of pole 
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attachments validly denied by the pole owner. 
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Provided, that the foregoing number of utility poles for which pole 
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attachment fees are payable may be disputed on a case to case basis by the 
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pole owner or the attaching entity, by way of submission to the Commission 
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of proof pertaining to the actual number of utility poles subject to pole 
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attachments. During the said dispute, any payments made would utilize the 
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previous number of utility poles for which pole attachment fees were paid 
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subject to refund or additional payment, as and after determined by the 
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Commission. 
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Section 6. Nondiscriminatory Access - A pole owner shall provide and 
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maintain nondiscriminatory access to all utility poles and related support structures 
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it owns and rights of way it controls in exchange for the payment of the pole 
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attachment fee, on terms and conditions uniform to all attaching entities, including 
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its own affiliates or subsidiaries. For this purpose, the pole owner shall submit to 
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the Commission a copy of all pole attachment contracts it has entered into. 
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Provided, that a pole owner may validly deny in writing a pole attachment to 
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a utility pole or related support structure it owns or a right of way it controls 
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by reason of recognized standards of safety, industry practices or generally 
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accepted engineering principles. 
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Provided further, that in case a pole owner validly denies a pole attachment, 
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or removes the same due to an emergency, and thereafter the reason for such 
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denial or removal ceases or additional capacity becomes available for a pole 
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attachment, the pole owner shall be bound to offer the capacity for a pole 
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attachment to the denied or previous attaching entity first, before occupying 
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the same or offering it to other potential attaching entities, including its own 


affiliates or subsidiaries. Any removal not due to an emergency shall require 
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prior written notice to the attaching entity. 
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Section 7. Rights and Responsibilities of the Parties - In addition to those 
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provided for by the other provisions of this Act and by other relevant laws, the pole 
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owner and the attaching entity shall have the following rights and responsibilities: 
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a. The actual pole attaclunents shall be made, modified and removed at the 
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cost and responsibility of the attaching entity whereas the maintenance and 
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replacement of the utility poles, related support structures and rights of way 
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shall be at the cost and responsibility of the pole owner. 
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b. As far as practicable, the attaching entity shall make, modifY and remove 
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the pole attachments in a manner that preserves the integrity and proper 
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functioning of the pole owner's utility poles, related support structures and 
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rights of way, and likewise the pole owner shall conduct the maintenance 
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and replacement of the utility poles, related support structures and rights of 
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way in a manner that also preserves the integrity and proper functioning of 
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the pole attachments. 
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c. In case of disputes between the parties to a proposed, pre-existing or 
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previous pole attacllinent, the same shall be submitted to the Commission's 
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determination subject to the relevant procedural and evidentiary rules. 
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Section 8. Non-availability of Utility Poles, Related Support Structures 
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and Rights of Way - In case utility poles, related support structures andlor rights 
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of way used or useful, in whole or in part, in the transmission of TV or 
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telecommunications signals are not available for pole attachment, legitimate cable 
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TV operators and telecommunications companies shall have the option to secure 
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and use their own provided the following requirements are complied with: 
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a. That the said utility poles, related support structures and rights of way 
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shall be secured and used by legitimate cable TV operators and 
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telecommunications companies at their own cost and responsibility. 
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b. That the said utility poles, related support structures and rights of way 
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shall be secured and used with due reference to the recognized standards of 
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safety, industry practices and generally accepted engineering principles. 
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c. That the said utility poles, related support structures and rights of way 
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shall be subject to the same pole attachment rules and regulations imposed 
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by this Act. 
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Section 9. Penalty for Violation - Whenever a party is found to have 
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violated any provision of this Act or of any obligation or contract covered by it, 
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upon the complaint ofthe violated party and as determined by the Commission, the 
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violating party shall be compelled to rectify the violation at its own cost without 
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prejudice to the applicable civil or criminal liabilities provided for by othe 
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relevant laws. 
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Section 10. Implementing Rules and Regulations - The Commission, as the 
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implementing body of this Act, shall perform the functions and duties necessary to 
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carry out its purposes, including the resolution of disputes and complaints and the 
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promulgation of the necessary implementing rules and regulations to effectively 
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implement the provisions of this Act. 
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Provided, that the implementing rules and regulations shall, as far as 
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practicable, be similar to the current procedural and evidentiary rules that the 
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Commission follows and that the same should be promulgated within two 
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(2) months after the effectivity of this Act. 
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Section 11. Appropriations -The amount necessary to carry out the 
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purposes of this Act shall be included in the General Appropriations Act of the 
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year following its enactment into law and every year thereafter. 
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Section 12. Transitory Provision - Acts and contracts of parties executed 
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before the effectivity of this Act shall be governed by the laws in force at the time 
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of their execution, except that any revocation, modification or novation made after 
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the effectivity ofthis Act shall be subject to the provisions of this law. 
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Section 13. Separability Clause - If for any reason, any provision of this 
II 
Act is declared invalid or unconstitutional, the remaining provisions not affected 
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thereby shall continue to be in full force and effect. 
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Section 14. Repealing Clause - All laws, presidential decrees, executive 
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orders, rules and regulations or any other issuances or parts thereof inconsistent 
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with this Act are hereby repealed or amended accordingly. 
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Section 15. Effectivity - This Act shall take effect Fifteen (15) days after its 
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complete publication in at least two (2) national newspapers of general circulation. 
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APPROVED, 
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