Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 8757

Introduced by REP. AURELIO “DONG” D. GONZALES, JR.

EXPLANATORY NOTE

The sovereign Filipino People, the ultimate source of all government powers,
have reposed to Congress the unique and awesome power to enact laws intended to
protect, preserve, and promote their rights and interest as enshrined under the 1987
Constitution, such as the right to information.

The Congress in 1995 enacted Republic Act Number 7925 or the Public Telecom-
munications Policy Act of the Philippines for the promotion and governance of the devel-
‘opment of telecommunications, and the delivery of public telecommunications services
in the country. However, there is now a need to review the said law to fill in any gap in
the law, such as where the previously-granted legislative franchise of an authorized
public network operator or other provider of telecommunications services expires while
Congress is deliberating on the application for renewal of such franchise.

Although there is a need to conduct public hearings for the said application, it
can not be denied that the expiration of the said franchise during the interim is more
detrimental to the interest of the country, as the delivery of telecommunications services
is now vital to government services, business operations, and for the people to be in-
formed of current developments. To drive the point home, the onset of the deadly coro-
navirus (COVID-19) pandemic forced the government and businesses to halt its opera-
tions, with the people required to stay at home to prevent being infected of and perish
due to COVID-19.

‘As everyone is constrained to resort to remote working, the continued and con-
sistent delivery of crucial telecommunications services is indispensable for the country
to survive the pandemic and other future contingencies. This bill proposes to address
such situation to serve the welfare of the country and the Filipino People.

In view of the foregoing, immediate passage of this bill is earnestlv sought.
REP. AURELIO “DONG” D. GONZALES, JR
3rd District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 8757

Introduced by REP. AURELIO “DONG” D. GONZALES, JR.

AN ACT AUTHORIZING THE NATIONAL TELECOMMUNICATIONS
COMMISSION TO ISSUE PROVISIONAL AUTHORITY TO OWNERS AND
OPERATORS OF PUBLIC TELECOMMUNICATIONS ENTITIES FOR
THEIR CONTINUED OPERATIONS PENDING RENEWAL OF THEIR
CONGRESSIONAL FRANCHISE, AMENDING FOR THE PURPOSE RE-
PUBLIC ACT NUMBER 7925, OTHERWISE KNOWN AS THE PUBLIC
TELECOMMUNICATIONS POLICY ACT OF THE PHILIPPINES, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

Section 1. Section 16, Article VI of Republic Act Number 7925, otherwise known as the
Public Telecommunications Policy Act of the Philippines, is hereby amended to read as
follows:

“ARTICLE VI"
“FRANCHISE, RATES AND REVENUE DETERMINATION”

“Section 16. Franchise. - No person shall commence or conduct the busi-
ness of being a public telecommunications entity without first obtaining a
franchise.”

“The Commission, in granting a Certificate of Public Convenience and
Necessity (CPCN), may impose such conditions as to duration and termi-
nation of the privilege, concession, or standard or technical aspects of the
equipment, rates, or service, not contrary to the terms of the franchise. In
no case, however, shalll the CPCN be shorter than five (5) years, nor longer
than the life of the franchise. A CPCN expiring at the same time as the
franchise shall be deemed to have been renewed for the same term if the
franchise itself is also renewed or extended.”

“IN THE EVENT THAT THE FRANCHISE EXPIRE PENDING ITS AP-
PLICATION BY THE FRANCHISE HOLDER FOR RENEWAL FROM
CONGRESS, THE COMMISSION SHALL ISSUE A PROVISIONAL
AUTHORITY FOR THE CONTINUED OPERATIONS OF AND DE-
LIVERY OF SERVICE BY THE SAID FRANCHISE HOLDER UNTIL


AND UNLESS SUCH APPLICATION FOR RENEWAL BE APPROVED
OR DISAPPROVED BY CONGRESS.”

Xxx.

xxx.”
Section 2. Implementing Rules and Regulations. - Within ninety (90) days from effectiv-
ity of this Act, the Department of Information and Communications Technology shall, in

coordination with the National Telecommunications Communications, promulgate the
rules and regulations to effectively implement the provisions of this Act.

Section 3. Separability Clause. ~ If, for any reason, any part or provision of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not affected
thereby shall remain in full force and effect.

Section 4. Repealing Clause. ~ All laws, decrees, executive orders, rules and regulations
or other issuances or parts thereof contrary to or inconsistent with the provisions of this
‘Act are hereby repealed, amended, or modified accordingly.

Section 5. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in any newspaper of general circulation.

Approved,