Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _________ 
Introduced by Representative 
HARRIS CHRISTOPHER M. ONGCHUAN 
EXPLANATORY NOTE 
In an increasingly globalized world, there is an increasing demand for 
interconnectivity; one that does not require physical presence, but through online and 
digital means. The role of Information and Communications Technology was even 
made more important during the COVID-19 pandemic where digital means were one 
of the main platforms to ensure communication with one another. 
With this, the State recognizes the right of each citizen to Information and 
Communications Technology (ICT). The enactment of the Department of Information 
and Communications Technology is a step for the government to ensure connectivity 
and the country being able to keep up with global standards in terms of ICT 
infrastructure and modernization. 
The bill proposes to create a framework which will improve Data Transmission 
throughout the country. The bill proposes that existing agencies such as the National 
Telecommunications Commission will spearhead efforts to improve data 
transmission and uphold an open-access approach in the regulation of the industry. 
This bill was filed in the 18th Congress by Representatives Yap, Abaya, and 
Pimentel. It was approved by the House and was transmitted to the Senate. 
In view of the foregoing, the passage of the bill is earnestly sought. 
 HARRIS CHRISTOPHER M. ONGCHUAN 
August 30, 2022
8:02 am
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 Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _________ 
Introduced by Representative 
HARRIS CHRISTOPHER M. ONGCHUAN 
AN ACT 
PROMOTING OPEN ACCESS IN DATA TRANSMISSION AND 
PROVIDING ADDITIONAL POWERS TO THE NATIONAL 
TELECOMMUNICATIONS COMMUNICATION 
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;
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(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 permissionless 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 
signals 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 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 
nondiscriminatory 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 refers 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 providers, 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 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 
Communication Technology (DICT) for policy and standard-setting in the 
Information and Communications Technology (ICT) sector, and Philippine 
Competition Commission (PC) 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. 
 
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 
the DICT and the 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 TC 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 PC 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 person, 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 
or 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 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 on 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 accuratè 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 PC 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 PC and the NTC shall enter into 
an agreement to foster and develop interagency cooperation mechanism, 
including information-sharing tools, that will provide 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 Act 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 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 emission 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 ice, 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 N'TC 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 a fine, after due notice and hearing.  
 
(b) An entity who fails to substantially comply with the NTC'e 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 peace (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 perce 
(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 are 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), multimedia 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 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 effective 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 Join. 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 Cochairpersons of the JCOCOADT. The 
ranking minority members nominated by both the Senate and the House of 
Representatives shall act as CoVice 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. – If any portion or provision of this Act is declared 
invalid or unconstitutional, other provisions hereof shall remain in full force and 
effect. 
 
SEC. 21. Repealing Clause. – All laws, decrees, executive orders, rules and 
regulations, issuances or part thereof inconsistent with the provision of this Act are 
hereby repealed, amended, or modified accordingly. 
  
SEC. 22. Effectivity. - This Act shall take effect fifteen (15) days after the 
completion of its publication in the Official Gazette or at least two (2) newspapers of 
general circulation.  
Approved.