Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. 2688 
Introduced by: 
HONORABLE JAIME EDUARDO MARC D. COJUANGCO 
Representative, 1st District, Tarlac 
AN ACT  
PROMOTING OPEN ACCESS IN DATA TRANSMISSION AND PROVIDING 
ADDITIONAL POWERS TO THE NATIONAL TELECOMMUNICATIONS 
COMMISSION  
EXPLANATORY NOTE 
In today's day and age, the world grows more and more dependent on information and 
communications technology (ICT) related services like the internet. Unfortunately, it is no secret 
that our country suffers from slow internet speeds. Compounded by the fact that aside from its 
snail-paced speeds, the Philippines is among the costliest in the world.  
Underdeveloped ICT infrastructure coupled with the growing demand for more data and 
higher bandwidth result in inefficient services that cost people's time and money. In the latest 
ranking made by the World Economic Forum the Philippines shows the significant drop of 
position and among the factors linked to this is the supposedly poor competitiveness of the 
country's ICT infrastructures.  
This bill seeks to lay the foundation of a framework that will promulgate rules and 
standards to promote the construction and development of reliable, affordable, open and 
accessible data networks that transmit information at speed and quality comparable to the best in 
the world.  
Likewise, the bill proposes to establish a strong and independent regulatory system and 
body to create an environment within the data transmission industry that is conducive to open, 
fair and innovation-propelled competition and shall encourage investments in the development of 
digital infrastructure of the country. Moreover, the proposed bill mandates interconnection 
among data transmission participants to avoid dominance by a single player or by a group of data 
providers.  
Further, the bill clarifies the role of the National Telecommunications Commission to 
maximize the utilization of radio spectrum resources in the allocation and assignment of such 
finite resources in the transmission of data, by ensuring that spectrum is made available for the 
use of all registered data transmission industry participants and gives NTC additional power to 
promote a more conducive environment for data networks.  
In view of the foregoing, immediate approval of this bill is earnestly sought. 
JAIME EDUARDO MARC D. COJUANGCO 
July 30, 2025
4:19 pm


Representative, 1st  District, Tarlac 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. 2688 
Introduced by: 
HONORABLE JAIME EDUARDO MARC D. COJUANGCO 
Representative, 1st District, Tarlac 
AN ACT  
PROMOTING OPEN ACCESS IN DATA TRANSMISSION AND PROVIDING 
ADDITIONAL POWERS TO THE NATIONAL TELECOMMUNICATIONS 
COMMISSION  
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
CHAPTER I  
INTRODUCTORY PROVISIONS 
SECTION 1. Short Title. – This Act shall be known as the “Open Access in Data 
Transmission Act”.  
SEC. 2. Declaration of Policy. – It is the policy of the State to narrow the digital divide 
in the country by encouraging the development of data transmission infrastructure and removing 
any barrier to competition in data transmission services. Moreover, the State shall implement 
measures to require data transmission service providers to adhere to telecommunications 
standards suitable to the needs and aspirations of the nation and ensure that internet users enjoy 
the best quality of data transmission service. The State shall:  
(a)
Promote the construction and development of reliable, affordable, open and
accessible data networks that transmit information at speed and quality
comparable to the best in the world;
(b)
Create an entrepreneurial ecosystem where persons who wish to engage in the
data transmission industry can compete openly and freely in the spirit of fair
competition and permission-less innovation;
(c)
Encourage investments in the digital infrastructure development in the country;
(d)
Adopt and ensure open access in the regulation of the data transmission industry;
(e)
Protect the public interest as it is affected by its ability to access data networks;
(f)
Establish a strong and independent regulatory body and system to ensure and
enhance fair competition in the data transmission industry;
(g)
Protect and promote the internet as an open platform enabling consumer choice,
freedom of expression, end user control, competition and the freedom to innovate
without permission, and thereby encouraging the development of advanced


telecommunications capabilities and the removal of barriers to infrastructure 
investment;   
 
(h) ​
Encourage infrastructure sharing and co-location in order to promote network 
investment, eliminate the uneconomic duplication of infrastructure facilities, and 
strengthen competition; and   
 
(i) ​
Ensure efficient and transparent management of the radio frequency spectrum, 
especially those utilized in the delivery of data transmission services.  
 
SEC. 3. Definition of Terms. – As used in this Act:  
 
(a) ​
Basic telephone service refers to the local exchange telephone service for 
residence and business establishments provided via the circuit switched telephone 
network;   
 
(b) ​
Cellular Mobile Telephone Service (CMTS) refers to the wide area mobile radio 
telephone system with its own switch, base stations and transmission facilities 
capable of providing high capacity mobile telecommunications by utilizing radio 
frequencies;  
 
(c) ​
Content refers to, among others, texts, images, audios, videos, and animations that 
are carried over the broadband/internet network;  
 
(d) ​
Core or Backbone Network refers to the main line, including international 
connection, that ties networks, delivers routes to exchange information among 
various subnetworks, connects regional distribution networks and, in some 
instances, provides connectivity to other peer networks;  
 
(e) ​
Data transmission refers to the process of sending digital or digitized analog 
signal over a communication medium to one or more computing networks, 
communication or electronic devices. It enables the transfer and communication 
of devices in a point-to-point, point-to multipoint and multipoint-to-multipoint 
environments. The term data transmission includes the provision of Voice over 
Internet Protocol (VoIP) services but does not include the provision of basic 
telephone services;  
 
(f) ​
Data transmission industry participant refers to any person, firm, partnership or 
corporation, government or private, engaged in the provision of data transmission 
services to the public. This includes public telecommunications entities (PTEs) 
that offer data transmission services as defined under Republic Act (RA) 
No.7925, otherwise known as the “Public Telecommunications Policy Act of the 
Philippines”;  
 
(g) ​
International gateway or landing refers to a segment of data transmission that 
consists of any facility that provides an interface to send and receive data traffic 
between one country’s domestic network facilities and those in another country; 
 
(h) ​
Last mile refers to the segment of data transmission network that connects end 
users; 
 
(i) ​
Middle mile refers to the segment of data transmission network that links the last 
mile network to the core or backbone network;  
 
(j) ​
Open access refers to the system of allowing the use of data transmission or 
distribution systems and associated facilities subject to fair, reasonable, and 
non-discriminatory terms in a transparent market;  


 
(k) ​
Paid prioritization refers to the management of a data transmission network to 
directly or indirectly favor some traffic over other traffic, through the use of 
techniques such as traffic shaping, prioritization, resource reservation, zero-rating, 
or other forms of preferential traffic  management, either in exchange for 
consideration (monetary or otherwise) from a third party, or to benefit an affiliated 
entity;  
 
(l) ​
Voice over Internet Protocol (VoIP) service refers to the provision of voice 
communication using Internet Protocol (IP) technology; and  
 
(m) ​
Passive infrastructure collectively refer to telecommunication towers, poles, cable 
entrances, ducts, utility corridors, and any other non-electronic infrastructure and 
facilities,  either existing or to be deployed in the future, that may be used to 
support data transmission.  
 
CHAPTER II  
ORGANIZATION AND OPERATION OF THE DATA TRANSMISSION INDUSTRY  
 
SEC. 4. Scope. – This Act applies to all persons who participate in the data transmission 
industry. Any person or entity whose business deals substantially with the transmission of data, 
including VoIP service provider, internet service providers (ISPs), and data center service 
providers, shall be governed by the provisions of this Act. PTEs that are principally engaged in 
the provision of basic telephone services, such as an international carrier, interexchange carrier, 
local exchange operator, and mobile radio services provider, as defined in Republic Act No. 
7925, and which also provide data transmission services, shall likewise be subject to the 
provisions of this Act with respect to the data transmission services they provide and the 
interconnection to their networks that they extend to data transmission industry participants.  
 
SEC. 5. Registration and Certification. – All segments of the data transmission network 
shall be competitive and open. Notwithstanding the provisions of this Act or any other law, the 
following registration and certification shall apply to data transmission:   
 
(a) ​
All data transmission industry participants shall be required to register with the 
National Telecommunications Commission (NTC). The NTC shall promulgate a 
speedy and expeditious administrative process for registration and shall, in 
coordination with the Department of Information and Communications 
Technology (DICT), for policy and standard setting in the Information and 
Communications Technology (ICT) sector, and Philippine Competition 
Commission (PCC) for the promotion of market competition, develop a set of 
criteria for qualifying data transmission industry participants that will encourage 
the widest possible participation of as many industry players as possible who will 
offer data transmission services in all segments of the network and to end users in 
different parts of the country. The qualification requirements for data transmission 
industry participants shall also take national security concerns into consideration, 
particularly for facilities that interface directly with another country’s domestic 
network;  
 
(b) ​
Those who will operate an international cable landing station shall secure a 
legislative franchise. Those who will operate a nationwide backbone network 
shall secure a permit from the NTC and submit its proposed route or rollout plan, 
as well as the manner of construction of the backbone network, subject to the 
approval of the NTC. All other industry participants shall not be required to 
secure a legislative franchise or a certificate of public convenience and necessity 
(CPCN) but must meet the criteria set by the NTC and the DICT in registering as 
industry participants in order to construct, operate, lease or own networks or 
facilities except if it owns and operates an international cable landing station: 


Provided, That an owner or operator of a cable landing station, not considered a 
public utility, shall no longer be required to secure a CPCN. All industry 
participants intending to be spectrum holders shall need to secure a permit from 
the NTC and shall be allocated such spectrum in accordance with the provisions 
under Section 7 of this Act;  
 
(c) ​
Data transmission industry participants shall likewise be required to comply with 
national and global best practices and standards on cybersecurity and shall be 
subject to a network audit by the Cybersecurity Bureau of the DICT. Data 
transmission industry  participants shall, after three (3) years of operation, be 
required to secure a cybersecurity certification from a third-party organization 
based on the prevailing International Organization for Standardization (ISO) 
standards on information security management; and  
 
(d) ​
Provisional authorities (PA), certificate of public convenience and necessity 
(CPCN), or certificates of registration issued by the NTC prior to the effectivity of 
this Act shall be deemed valid without necessity of revalidation or reissuance until 
the date of expiration as stated in such certificates or other documents, and until 
the expiration of such certificates shall be deemed compliant with the 
qualification requirements for data transmission industry participants under this 
Section and other regulations issued pursuant hereto.  
 
CHAPTER III  
REGULATION OF THE DATA TRANSMISSION INDUSTRY 
  
SEC. 6. Open Access Approach to Regulation of the Data Transmission Industry. – The NTC 
shall ensure that the data transmission sector remains open and accessible to all qualified 
participants. Specifically, it shall;  
 
(a) ​
Implement an efficient and speedy administrative process in the authorization and 
registration of data transmission sector participants; 
 
(b) ​
Adopt a technology-neutral framework that allows data transmission industry 
participants to use any available technology to provide service;  
 
(c) ​
Promote fair and open competition in accordance with the principles and policies 
under the Philippine Competition Act and its implementing rules in all segments 
of the data transmission network, allowing a wide variety of physical networks 
and applications to interact in an open architecture;  
 
(d) ​
Mandate transparency in pricing and the publication of pricing information to 
ensure fair trading within and between each data transmission segment so as to 
allow clear, comparative information on market prices and services;  
 
(e) ​
Mandate interconnection so that data transmission industry participants can 
connect to each other at the various segments and interfaces, such that entities of 
any size may freely enter and exit the market, and dominance by any single player 
or group of players is avoided;  
 
(f) ​
Promulgate policies that will encourage distributed local solutions rather than 
centralized ones, encouraging services that are closer to the user;  
 
(g) ​
Publish the list of registered data transmission industry participants at least once a 
year;  
 
(h) ​
Promulgate, together with the PCC, rules defining and regulating entities with 
substantial market power;  


 
(i) ​
Publish a Spectrum Management Framework to be developed together with DICT 
and PCC; and  
 
(j) ​
Collect the necessary Supervision and Regulation Fee (SRF) and Spectrum User 
Fee (SUF), and other relevant fees as provided by law.  
 
SEC. 7. Spectrum Allocation, Recall, and Reallocation. – The NTC shall maximize the 
allocation and assignment of finite radio spectrum resources used in the transmission of data by 
ensuring that the spectrum is made available for the use of all registered data transmission 
industry participants. To this end:  
 
(a) ​
The procedure for radio spectrum assignment, joint use and recall shall be made 
transparent to the public. All applications, including letter requests, spectrum 
assignment, joint use, recall, and reallocation shall be posted in the NTC website 
and in a conspicuous place in the offices of the NTC for at least three (3) 
consecutive months. The notice shall specifically indicate the names of the 
applicants for spectrum assignment, joint use and recall, including where the NTC 
itself is the proponent of any such action, the affected spectrum, and the 
applicant’s or NTC’s reasons for the proposed spectrum assignment, joint use and 
recall. The NTC shall not assign, recall or allow co-use or joint use of any radio 
frequency band or bands without conducting at least one (1) public hearing and 
allowing public comment for a period of fifteen (15) days from the date of the 
public hearing, prior to approval and/or disapproval of the same. This shall apply 
to all spectrum, whether used for data transmission or not; 
  
(b) ​
All radio spectrums, radio frequency assignments, recalls, and joint use decisions 
of the NTC shall be published in the NTC website and in a conspicuous place in 
the offices of the NTC for at least three (3) consecutive months. The recall of 
frequency for purposes of free public use shall be given priority.  
 
The immediately preceding paragraphs (a) and (b) herein shall not apply to 
applications for frequency assignments for fixed point-to-point radio links, wifi, 
and satellite networks;  
 
(c) ​
The NTC shall avoid the concentration of spectrum resources in the hands of a 
few players and shall not assign, or allow joint use of radio spectrum in a manner 
that establishes, promotes or perpetuates the dominance of PTEs. Any entity who 
believes that any one or more of the NTC’s decisions for the assignment of radio 
spectrum, whether past or present, which will promote the dominance of any 
entity and hinder competition, may file a complaint before the PCC to determine 
the dominance of a data transmission industry participant and deal with 
anti-competitive conduct in accordance with its mandate under Republic Act 
No.10667, otherwise known as the “Philippine Competition Act”;  
 
(d) ​
The NTC shall promptly act on applications of data transmission industry 
participants for permits to import equipment. Any application for a permit to 
import equipment that is not acted on by the NTC within seven (7) days shall be 
deemed approved;  
 
(e) ​
If the NTC finds, on its own initiative or upon complaint, that any right, license or 
radio spectrum assignment to any data transmission industry participant or PTE is 
not being used, or is not being maximized by the user thereof, or that the grantee 
has violated the provisions of this Act, it may, motu proprio or upon petition by 
any, subject to due process, recall the radio spectrum assignment of the data 
transmission industry participant or PTE. The NTC shall, where required and 
appropriate, work with the data transmission industry participant or PTE 


concerned to take appropriate measures to minimize the impact of such recall on 
active users of services utilizing the recalled spectrum. The foregoing 
notwithstanding, no frequency shall be recalled within eighteen (18) months of 
the awarding of a provisional authority, license or registration; and  
 
(f) ​
The NTC shall ensure that the allocation, reallocation, assignment, reassignment, 
reclassification, joint use or co-use, and recall of spectrum does not result in the 
concentration of spectrum resources which promote, establish, or perpetuate the 
significant market power of PTEs or of only a limited number of participants. In 
instances where the resulting assignment of spectrum for mobile and 
point-to-multipoint networks will give an assignee or entities it controls, jointly or 
singly, or under common control, either by virtue of that request or in 
combination with other previous requests by that party or its affiliates, fifteen 
percent (15%) or above of assignable spectrum in the same band, the party 
requesting for an assignment of spectrum or a joint use of spectrum shall be 
required to serve notice to the PCC and secure a no-objection notice from the 
PCC. The PCC shall issue a no-objection notice within thirty (30) working-days 
upon its receipt of pertinent information necessary for the review and issuance of 
the notice: Provided, That the PCC may once extend such period for an additional 
fifteen (15) working-days upon their notification of the NTC and the concerned 
party or parties to a spectrum allocation, reallocation, assignment, reassignment, 
reclassification, joint use or co-use, and recall.  
 
SEC. 8. Setting Performance Standards. – The NTC shall:  
 
(a) ​
Mandate that, within one (1) year from the effectivity of this Act, all last mile 
providers shall provide a minimum download speed of two (2) megabits per 
second or as mandated by the National Broadband, whichever is higher, for 
mobile broadband and for fixed wireless/broadband access;  
 
(b)​
Prescribe performance standards after public consultation and hearings within six 
(6) months from the effectivity of this Act;  
 
(c) ​
Regularly upgrade performance standards imposed on the data transmission 
industry to ensure that performance standards shall, at a minimum, be at par with 
service levels established in regional data network performance indices and 
aligned with international best practices. Such standards shall take into account 
speed, packet loss, jitter, and latency;  
 
(d) ​
Regularly review performance standards at least once a year and publish new 
performance standards at least thirty (30) days before they take effect. The 
publication of the results of the performance measurements shall be done in an 
open data format and made accessible to the general public;  
 
(e) ​
Any person, or the NTC itself, may, motu proprio, file a petition to penalize any 
data transmission industry participant for failure to deliver service according to 
the NTC’s published performance standard and to require rectification of such 
noncompliance; and  
 
(f) ​
Measure the performance of the data industry participants quarterly and publish 
the results of its assessment in its website.  
 
SEC. 9. Arms-length Transactions and Transparency. – The NTC shall:  
 
(a) ​
Publish and make available in print and online formats all aspects of spectrum use 
information, including the National Radio Frequency Allocation Table (NRFAT), 
indicating therein the purpose or use to which each frequency band is allocated, 


and, for frequency bands allocated for public use, the persons and/or entities to 
whom each particular frequency is assigned. The NRFAT and updated radio 
spectrum use information shall be made available on the NTC’s website and to 
any person who requests the same, upon written request; and 
 
(b) ​
Promulgate rules requiring all data transmission industry participants to file an 
annual report and include therein a fair and accurate statement regarding their 
market prices and their services. The annual report shall include all costs and 
charges relevant to the data transmission network segment where the participants 
operate. The rates shall be made available online, in print, and in any other viable 
venue to the public. Any person can file a complaint pertaining to these rates 
within thirty (30) days of posting. Each player at each segment shall submit a 
copy of their rates to the NTC and the PCC. The rates shall be published, 
including a historical record, in a consolidated manner. The data transmission 
industry participants shall keep a publicly accessible archive of their rates.  
 
SEC. 10. Fair Competition. – The PCC and the NTC shall ensure that the principles and 
policies enshrined under the Philippine Competition Act are strictly adhered to in the data 
transmission industry. The PCC and the NTC shall ensure that all industry players observe fair, 
reasonable, and nondiscriminatory treatment in all their dealings, and that barriers to entry are 
eliminated to make the industry highly competitive. To this end, within thirty (30) days from the 
effectivity of this Act, the PCC and the NTC shall enter into an agreement to foster and develop 
interagency cooperation mechanisms, including information-sharing tools that will guide them in 
the performance of their respective mandates, and in the promotion of fair competition in the 
data transmission industry.  
 
SEC. 11. Technological Neutrality. – The NTC shall ensure that the provisions of this 
law apply, mutatis mutandis, to future technologies in data transmission.   
 
SEC. 12. Infrastructure Sharing and Co-location. – The DICT and the NTC shall 
promulgate policies, rules, and regulations to ensure that passive infrastructure, whether existing 
or built in the future, necessary or capable of supporting data transmission networks or services 
are:   
 
(a) ​
made mandatory for open access and made available for co-location and co-use 
by the owner of network facilities, equipment, and infrastructure on an open, fair, 
and nondiscriminatory basis to any access seeker’s network facilities, in any 
segment, subject to the technical feasibility of the access seeker’s request and the 
network facility and infrastructure owner’s standard published offer terms, 
conditions, 
and 
rates: 
Provided, 
That 
the 
provision 
of 
access 
to 
government-owned and -operated facilities and support infrastructure to access 
seekers for the purpose of offering data transmission services shall be mandatory, 
unless special circumstances, such as but not limited to national security concerns, 
exist;   
 
(b) ​
built not only in the city centers, but most especially in the remote, unserved, and  
underserved areas in order to extend data transmission services by both the 
existing and new players throughout the country;   
 
(c) ​
as far as possible, deployed together with roadworks, pipe-laying, and other 
infrastructure development by both government and private entities; and   
 
(d) ​
proliferated in the most cost-efficient and timely manner through various means, 
including, encouraging the operation of independent entities that build and 
operate towers, dark fiber, and utility corridors, among other passive 
infrastructure that help facilitate data transmission network deployment.  
 


The DICT shall coordinate and issue a policy with other relevant government agencies 
upon consultation with stakeholders to implement this provision. For purposes of data 
transmission, the NTC shall, in case of a dispute arising from an infrastructure sharing 
agreement: (1) mediate between a data transmission industry participant and an infrastructure 
owner, and (2) serve as the primary enforcer of this provision.  
 
The DICT and the NTC shall promulgate policies, rules, and regulations to ensure that 
buildings, condominiums, villages, towns, and subdivisions are all built with facilities, such as 
cable entrances, ducts, and risers that allow nondiscriminatory access to multiple data 
transmission industry players in order for them to provide service. They shall also promulgate 
policies, rules, and guidelines that will ensure a level-playing field and price nondiscrimination 
among data transmission industry participants and network facility and infrastructure owners. 
The DICT and the NTC, in coordination with relevant government agencies, shall also ensure the 
disaster resiliency and ease of recovery and restoration of passive infrastructure, such as towers, 
poles, and utility corridors, from the effects of disasters by strictly enforcing compliance with 
internationally-accepted engineering standards and best practices, and relevant engineering codes 
and codes of practice.  
 
The DICT and the NTC shall maintain an updated database of data transmission 
infrastructure, including passive infrastructure used to support data transmission. The database, 
to be updated annually, shall include the exact location, ownership, technical specifications, and 
other relevant information about the facility.   
 
CHAPTER IV  
PROHIBITED ACTS  
 
SEC. 13. Prohibited Acts. – The following acts are prohibited:  
 
(a) ​
Refusal to Plug and Play. – Any data transmission industry participant, insofar as 
such person is so engaged, shall not refuse access to infrastructure to any other 
data transmission industry participant, except for failure to pay open market fees 
for the access to the service.  
 
Data transmission industry participants shall not impede the end user’s right to 
access and distribute information and content, use and provide applications and 
services and use terminal equipment of their choice, regardless of the end user’s 
or provider’s location or the location, origin or destination of the information, 
content, application or service via their data transmission service.  
 
Agreements between data transmission providers of data services and end users 
on commercial and technical conditions and the characteristics of data access 
services such as price, data volume or speed, and any commercial practices 
conducted by providers of internet access services shall not limit the exercise of 
the rights of end users laid down in the preceding paragraph;  
 
(b) ​
Paid Prioritization. – A data transmission industry participant shall not engage in 
paid prioritization for monetary or other consideration except when allowed by 
the NTC after such participant demonstrates that the practice will provide 
significant public interest benefit and will not disadvantage content and 
applications that are not prioritized or harm the open nature of the internet;  
 
(c) ​
Throttling. – A data transmission industry participant shall treat all traffic equally 
when providing data access services without discrimination, restriction or 
interference, regardless of the sender and receiver, the content accessed or 
distributed, the applications or services used or provided, or the terminal 
equipment used.  
 


It shall be prohibited for a data transmission industry participant to hinder or slow 
down services or applications or access to specific sites in the internet except 
where (1) access to such sites, services or applications are prohibited by law; (2) it 
is necessary to preserve the integrity and security of the network and service of 
the provider or the equipment of the end user: Provided, That if the breach of 
integrity or security is caused by the equipment of the end user, the provider has 
to notify the end user first and give the former sufficient time to rectify the 
situation; and (3) it is necessary to block the transmission of unwanted 
communications such as spam and child pornographic materials upon the 
complaint of the end user or the data transmission industry participant;  
 
(d) ​
Refusal to Give Information. – It shall be prohibited for any data transmission 
industry participant, including PTEs with regard to its network and facilities, to 
refuse or fail to make available to suppliers of data transmission services, on a 
timely basis, the technical information about its essential facilities or network 
facilities and commercially relevant information that are necessary for the 
efficient provision of their services; and  
 
(e) ​
Anti-competitive Cross-subsidization. – The NTC shall require separate books of 
accounts between different data transmission segments in order to allow 
identification of costs and revenues for each segment. Any violation of this 
provision shall give rise to a presumption of anti-competitive cross-subsidization, 
which shall then be referred to the Philippine Competition Commission for proper 
determination and action, in accordance with the provisions of Republic Act No. 
10667. Nothing herein shall prevent interconnecting networks from charging the 
appropriate cost-based compensation for the use of interconnection facilities.  
 
SEC. 14. Administrative Penalties. – The NTC shall require data transmission industry 
participants and PTEs providing data transmission services to comply with prescribed 
performance standards and shall impose penalties for failure to comply with such performance 
standards.  
 
(a) ​
Any data transmission industry participant who fails to comply with the minimum 
service standards set by the NTC shall be imposed a minimum penalty of a fine of 
not less than One hundred thousand pesos (P100,000.00) but not more than Five 
million pesos (P5,000,000.00) per day for every day during which such default or 
violation continues, until the participant fully complies: Provided, That if the data 
transmission industry participant has a gross annual income not exceeding Ten 
million pesos (P10,000,000.00), the penalty that may be imposed shall be 
equivalent to one percent (1%) to two percent (2%) of its gross annual income. 
The NTC is hereby authorized and empowered to impose such fine, after due 
notice and hearing.  
 
(b) ​
An entity who fails to substantially comply with the NTC’s performance 
standards for three (3) consecutive years shall, subject to due process, be removed 
from the registry of registered data transmission industry participants and shall be 
prohibited from rendering data transmission services.  
 
(c) ​
Any data transmission industry participant who engages in the prohibited acts 
under  Section 12 of this Act or fails to comply with the performance standards 
set by the NTC shall  suffer a minimum penalty of a fine of not less than Three 
hundred thousand pesos (P300,000.00) but not more than Five million pesos 
(P5,000,000.00) for every day that the violation continues until the participant 
fully complies: Provided, That if the data transmission industry participant has a 
gross annual income not exceeding Ten million pesos (P10,000,000.00), the 
penalty that may be imposed shall be equivalent to one percent (1%) to two 
percent (2%) of its gross annual income. In cases of anti-competitive 


cross-subsidization, the imposable penalties are those provided under Republic 
Act No. 10667.  
 
(d) ​
A data transmission industry participant violating any provision of this Act shall 
forfeit all certificates, licenses, authorizations, rights, and awards issued to it in 
relation to its participation in the data transmission industry.  
 
(e) ​
Any other violations not specifically penalized under the relevant provisions of 
this Act shall be penalized by a fine of not less than Fifty thousand pesos 
(P50,000.00) and not more than Two million pesos (P2,000,000.00).  
 
SEC. 15. Adjustment for Inflation. – The fines imposed under this Act shall be adjusted 
by the NTC, year-on-year, considering the prevailing cost of money based on the current 
consumer price index, and subject to publication of such adjustments.  
 
CHAPTER V  
RIGHTS OF DATA TRANSMISSION SERVICE USERS AND RESPONSIBILITIES OF 
DATA TRANSMISSION SERVICE PROVIDERS   
 
SEC. 16. Rights of End Users. – The user of data transmission services shall have the 
following basic rights:  
 
(a) ​
To be entitled to data transmission services which is nondiscriminatory, reliable, 
and conforming with minimum standards set by the NTC;  
 
(b) ​
To be rendered data transmission services within two (2) months from application 
for service;  
 
(c) ​
Regular, timely and accurate billing, courteous and efficient service at business 
offices and by company personnel; 
 
(d) ​
Timely correction of errors in billing and the immediate provision of rebates or 
refunds by the data transmission service provider without the need for demand by 
the user; and (e) Thorough and prompt investigation of, and action upon 
complaints. The data transmission service provider shall endeavor to allow 
complaints to be received by any means convenient to the end user, including 
voice calls, post, short messaging service (SMS), multi-media messages (MMS) 
and online communication, and shall keep a record of all complaints received and 
the action taken to address the complaints.  
 
Subject to the filing of a formal request to the data service provider, a user may request 
the immediate termination of service without the imposition of fees or penalties, and with the 
refund of any fee or charge already paid by the user, should a data service provider not 
consistently comply with paragraphs (a), (d), and (e) of this Section or any other minimum 
performance standards set by the NTC.  
 
CHAPTER VI  
FINAL PROVISIONS  
 
SEC. 17. Expedited Processing. – In all instances where a participant in the data 
transmission industry shall require a form, certificate, or request from any government agency or 
local government unit (LGU), there should be no more than two (2) public officers involved in 
processing the form, certificate, or request.  
 
Processing fees and certifications required for the deployment of any segment of data 
transmission networks shall be limited to those identified by the DICT. The DICT shall 
coordinate with the concerned national government agencies and LGUs, and conduct the 


necessary consultations with civil society organizations and other stakeholder groups, for the 
development of the implementing rules and policies to minimize the administrative burden of 
permitting and certification processes.  
 
SEC. 18. Implementing Rules and Regulations. – Within sixty (60) days from the 
effectivity of this Act, the NTC shall promulgate the necessary rules and regulations for its 
effective implementation.  
 
SEC. 19. Joint Congressional Oversight Committee on Open Access in Data 
Transmission. – There shall be created a Joint Congressional Oversight Committee on Open 
Access in Data Transmission (JCOCOADT) which shall monitor and ensure the effective 
implementation of this Act. It shall determine weaknesses and loopholes in the law, recommend 
the necessary remedial legislation or administrative measures and perform such other duties and 
functions as may be necessary to attain the objectives of this Act.  
 
The JCOCOADT shall be composed of five (5) members from the Senate and five (5) 
members from the House of Representatives, in addition to the Chairperson of the Senate 
Committee on Science and Technology and the Chairperson of the House of Representatives 
Committee on Information and Communications Technology: Provided, That two (2) members 
of each chamber’s nominees shall come from the ranks of the minority party/bloc. The 
Chairperson of the Senate Committee on Science and Technology and the Chairperson of the 
House of Representatives Committee on Information and Communications Technology shall act 
as co-Chairpersons of the JCOCOADT. The ranking minority members nominated by both the 
Senate and the House of Representatives shall act as co-Vice Chairpersons. The Secretariat of the 
JCOCOADT shall come from the existing Secretariat personnel of the Committee on Science 
and Technology of the Senate and the Committee on Information and Communications 
Technology of the House of Representatives. The JCOCOADT shall have its own independent 
counsel.  
 
The JCOCOADT shall exist for a period not exceeding five (5) years from the effectivity 
of this Act. Thereafter, its oversight functions shall be exercised by the Senate Committee on 
Science and Technology and the House of Representatives Committee on Information and 
Communications Technology, acting separately.  
 
SEC. 20. Separability Clause. – Should any provision herein be declared 
unconstitutional, the other provisions not affected shall remain in full force and effect.  
 
SEC. 21. Repealing Clause. – All laws, decrees, orders, rules and regulations or other 
issuances or parts inconsistent with the provisions of this Act are hereby repealed, amended or 
modified accordingly.  
 
SEC. 22. Effectivity. – This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in a newspaper of general circulation.  
 
Approved,