NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 701
Senate
'/ymUf of tl)c ^L'r.rftar2>
•22 JUL18 A10:18
RECEIVED BV:
Introduced by SENATOR RAMON BONG REVILUV, JR.
AN ACT
REQUIRING ALL PUBLIC TELECOMMUNICATIONS ENTITIES AND 
INTERNET SERVICE PROVIDERS IN THE COUNTRY TO INCREASE SERVICE 
COVERAGE AND DELIVER A MINIMUM STANDARD FOR INTERNET 
CONNECTION SPEED
EXPLANATORY NOTE
As a response and adaptation to the onslaught of the COVID-19 pandemic, 
the different sectors of the society Implemented measures to maintain their activities 
and operationalization. The labor sector adopted alternative working arrangements, 
businesses utilized digital means for their transactions, and the education sector 
conducted online classes and other learning modalities. All of these activities 
required Internet connection.
The government continues Its efforts to improve internet accessibility, 
affordability and quality. Recently, the Anti-Red Tape Authority (ARTA) along with 
the Department of Information and Communications Technology (DICT), Department 
of the Interior and Local Government (DILG), Department of Human Settlements 
and Urban Development (DHSUD), Department of Public Works and Highways 
(DPWH) and other key agencies signed a Joint Memorandum Circular on pole, fiber 
ducts, and cable laying.
According to Ookla's Internet Performance Report for the fourth quarter of 
2021, the Phllippines/ global ranking in mobile internet speed improved by climbing


one notch, now ranking 89th out of 138 countries. This is the net result of the 
variables which has to be attended to in order to achieve consistency. Median 
download speed for mobile internet increased from 18.68 to 19.20 megabits per 
second (Mbps) while mobile upload speed declined from 5.64 to 5.60 Mbps. Mobile 
latency or the speed of a device to get a response after its user sends out a request 
remains at 24 milliseconds. These variables show that there is a lot me re to do to 
achieve better internet quality.
The "Better Internet Act" seeks to ensure the provision of strategic, reliable, 
cost-efficient, and citizens-centric information and communication technology (ICT) 
infrastructure, systems and resources. It mandates the National 
Telecommunications Commission (NTC) to require all Internet Service Providers 
(ISPs) and Public Telecommunications Entities (PTEs) to extend and expand the 
service coverage of internet service In unserved and underserved areas in the 
country. To provide clear mandate to concerned agencies, the measure outlines the 
responsibilities of the NTC and DICT with respect to the implementation of the 
proposed law.
This measure was reported out by the Committee on Public Services In the
18th Congress.
In view of the foregoing, the swift passage of this bill is earnestly sought.
/4^
40NBONG
RAMO^BONG REVILLA, :iR.


I il
NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
Senate
of tl)i> cftai-p
*22 JUL18 A10:18
SENATE 
>**>
S. No. '
RECEIVED BY;
Introduced by Senator Ramon Bong Revilla, Jr.
AN ACT
REQUIRING ALL PUBLIC TELECOMMUNICATIONS ENTITIES AND INTERNET 
SERVICE PROVIDERS IN THE COUNTRY TO INCREASE SERVICE COVERAGE 
AND DELIVER A MINIMUM STANDARD FOR INTERNET CONNECTION SPEED
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. - This Act shall be known as the " Better Internet Act'.
2 
Sec. 2. Declaration of Policy. - The State recognizes the importance of
3 
technological advancements in nation building, economic development, and promoting
4 
people's well-being and as such, it endeavors to ensure the provision of strategic,
5 
reliable, cost-efficient, and citizen-centric information and communication technology
6 
(ICT) infrastructure systems, and resources to guarantee that the population has
7 
access to quality, reliable, and affordable ICT services.
8 
In line with this, the State shall ensure that all Public Telecommunications
9 
Entities (PTEs) and Internet Service Providers (ISPs) will continuously upgrade their
10 
facilities and improve their services to be responsive to the growing demand for quality
11 
internet access services.
12 
Sec. 3. Definition of Terms. - As used in this Act, the following terms are
13 
defined as follows:
14 
(a) Bandwidth shall refer to the maximum data transfer rate over an internet
15 
connection in a given amount of time expressed in bits per second or
16 
multiples of it;


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(b) Broadband shall refer to high-speed internet service that is always on 
and faster than traditional dial-up access transmitted through various 
wired or wireless data transmission technologies such as, but not limited 
to, digital subscriber line (DSL), cable modem, fiber optic cable, fixed 
wireless, satellite, cellular mobile, and TV white space.
(c) Cellular towers shall refer to passive telecommunication tower 
Infrastructure, including but not limited to: (i) three-legged or four­
legged structure; (li) poles; (iii) mast; or, (Iv) similar infrastructure used 
to support mobile cellular network facilities;
(d) Compliance period refer to the first three (3) years from the effective 
date of this Act within which all ISPs and PTEs are required to extend 
and expand internet service coverage in all unserved and underserved 
areas in the country;
(e) Internet Service Providers or ISPs shd\\ refer to an entity, with or without 
Congressional franchise, registered as value added service provider from 
the National Telecommunications Commission (NTC) and authorized to 
offer internet access services to the public for compensation;
(f) _/A?tershaIi refer to the variation of end-to-end delay from one packet to 
the next within the saiTie packet stream, connection, or flow;
(g) Latency shdiW refer to the time it takes for a packet of data to get from 
a source to destination;
(h) PacketshdW refer to the unit of data that Is routed between an origin or 
source and a destination on the internet or any other packet-switched 
network;
(I) Packet Loss shd\\ refer to the number of packets that does not reach the 
destination;
(j) Public Telecommunications Entity or PTEs shall refer to any person, firm, 
partnership or corporation, government or private, engaged in the 
provision of telecommunications services to the public for compensation;
(k) National ICT Household Plan refers to the plan for the improvement of 
ICT access and use, including broadband access, by households and 
individuals developed by the Department of Information and


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Communications Technology (DICT) on the bases of information
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gathered from the National ICT Household Survey;
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(1) Threshold Speed refers to the minimum upload and download speeds
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that an ISP and PTE must provide to their end user of broadband service;
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(m) Unserved Area refers to a specific population or land area of a
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city / municipality where broadband access service is not available, as
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identified by the National ICT Household Plan;
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(n) Unserved Area refers to a specific population or land area of a city /
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municipality where broadband access service is covered and available,
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but beiow the threshold speed. The underserved areas shall be
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identified by the National ICT Household Plan while the threshold speed
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shall be determined by this Act and, subsequently, by the NTC.
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Sec. 4. Increase in service coverage. - The NTC shall require all ISPs and PTEs
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to extend and expand the service co\'erage of fixed and mobile internet service in all
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unserved and underserved areas in the Philippines within three (3) years from the
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effective date of this Act, hereinafter referred to as the "Compliance Period", according
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to the schedule and strategy to be set forth by the DICT in the National ICT Household
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Plan.
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The DICT shall develop the National ICT Household Plan, identify therein
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unserved and underserved areas in the Philippines and devise a plan of action to
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ensure internet services shall be made available at the household level. The DICT
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shall make such information and plans public within sixty (60) days from the effective
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date of this Act: Provided, That subject to regulatory requirements, ISPs shall be
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allowed to own, establish, and operate wired and wireless networks, utilizing any
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available technology In order to meet their obligations under this Act. ISPs shall be
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allowed access to unlicensed radio spectrum necessary to enable them to utilize
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wireless technologies to provide internet service: Provided further, That ISPs shall not
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build international carrier, inter-exchange carrier, local exchange carrier, and mobile
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radio telephone networks reserved for PTEs, as provided for under Republic Act No.
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7925, otherwise known as the Public Telecommunications Policy Act of the Philippines.
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Sec. 5. Threshold Speeds. - PTEs and ISPs shall deliver paid broadband service
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to subscribers at a minimum download speed of:


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(a) 10 Megabits per second (Mbps) for fixed broadband and 5 Mbps for mobile
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broadband in highly urbanized cities;
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(b) 5 Mbps for fixed broadband and 3 Mbps for mobile broadband services in ail
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other cities; and,
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(c) 3 Mbps for fixed broadband and 2 Mbps for mobile broadband services in rural
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areas.
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PTEs and ISPs shall have three (3) years from the effective date of this Act to
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ensure that they provide, as a minimum, the threshold speeds to their end users.
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After the end of the compliance period, it shall be considered a violation of this
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Act, subject to the penalties provided in Section 15 of this law, to offer paid Internet
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service below threshold speed. For the avoidance of doubt, there shall be no minimum
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speed required for free internet service: Providedf however. That service provided
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under the Free Internet Access In Public Places Act or RA 10929 shall meet the
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minimum speeds prescribed therein or in the relevant rules of the DICT for free
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internet service programs.
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Sec. 6. Annual Review of Service Standards. - The NTC shall review, on an
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annual basis, the level of threshold speeds and prescribe the threshold speeds and
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other quality of service standards, such as upload and download speeds, packet loss,
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jitter, latency, and service availability, to provide subscribers average Internet
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connection speeds equal to, or above, what it prevalent among Asia Pacific countries
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and the global average: Provided, That the NTC may not decrease the threshold
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speeds set forth under this Act.
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Sec. 7. Measirement and Publication and Broadband Quality of Service (QOS).
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- In order to monitor and enforce compliance of PTEs and ISPs, the NTC shall:
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(a) Prescribe a criteria and methodology for the measurement and
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publication of broadband quality of service, including parameters such
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as download speed, upload speed, latency, packet loss, jitter, and
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service availability, with appropriate benchmarks;
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(b) Provide the public a mechanism to run broadband diagnostics in a secure
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and consumer-friendly format;
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(c) Develop a procedure for collecting and analyzing broadband QOS
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measurements from various platforms and processing test data in a


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central database, which shall update and release results every twenty
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four (24) hours, at the least;
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(d) Make publicly available on the NTC website and other media the criteria
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and methodology for the broadband QOS measurement tool and the list
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of platforms using tne NTC-prescribed broadband measurement
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mechanism;
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(e) Diligently monitor and conduct monthly network audits and/or QOS tests
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in order to ensure compliance of the PTEs 
and ISPs with threshold
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speeds, advertised speeds, and coverage obligations, and publish 
its
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network audit report on a monthly basis; and,
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(f) Publish the results of the NTCs broadband QOS tests and the results of
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the consumer broadband QOS tests on a monthly basis. Such reports
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should be in a format that can easily be analyzed by third party data
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scientisis.
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Sec. 8. Customer Protection. — PTEs and ISPs shall not advertise nor offer
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internet service speeds that they cannot consistently provide. PTEs and ISPs shall
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provide to their subscribers 80% of their advertised speed available at 80% of the
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time. Speed and reliability shall be measured based on the prescribed measurement
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methodology by the NTC.
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Sec. 9. Responsibilities of the DICT. — In addition to responsibilities imposed
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in other Sections of this Act, the DICT shall:
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(a) Maintain and make public a National ICT Assets Index (NICTAI), which shall be
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updated on an annual basis, in order to provide accurate data on broadband
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coverage and ICT adoption and utilization In the country;
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(b) Conduct the National ICT Household Survey and publish the National ICT
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Household Plan every three (3) years, and identify unserved and underserved
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areas for purposes of this Act;
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(c) Regularly review and update ICT policy guidelines, strategies and plans,
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including, but not limited to, the National Broadband Plan to ensure that the
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Philippines' Internet service policy framework Is at par with global standards
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and best practices; and.


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(d) Ensure the delivery of internet services at the household level through a
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schedule and plan of action that includes, but is not limited to. Infrastructure
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sharing and co-location arrangements.
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Sec. 10. Responsibilities of the NTC. - In addition to responsibilities imposed
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in other Sections of this Act, the NTC shall:
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(a) ensure the PTEs and ISPs mdet the minimum standards regarding connection,
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reception, just pricing, and billing practices to promote and protect the rights
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of consumers of internet services;
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(b) determine whether the ICT industry has built out the optimal number of towers
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and other Infrastructure necessary to meet the objectives of this law;
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(c) promulgate an efficient and expeditious administrative process for the
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registration of internet service providers and shall, In coordination with the
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Dicr, develop a set of crif:eria for qualifying service providers that will
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encourage the widest possifcjle participation of as many industry players as
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possible who will build the ndcessary network infrastructure and offer internet
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services to end users in different parts of the country and will take national
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security into consideration, particularly for facilities that interface directly with
IS 
another country's domestic network;
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(d) publish a spectrum management policy framework that promotes a
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transparent, efficient, and | equitable approach to distributing spectrum,
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including clear guidelines for:| (1) recalling unutilized spectrum, (il) reassigning
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spectrum for more efficient |use, and (iii) implementing an open frequency
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approach to expand internet Access in underserved and unserved areas, to be
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developed together with the DICT and the Philippine Competition Commission
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(PCC);
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(e) provide the public with annual reports on the performance of PTEs and ISPs In
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terms of increasing Internet | coverage and meeting the threshold download
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speeds; 
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(f) provide policies and standarcjs of network elements to ensure that PTEs and
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ISPs will maintain the Quality! of Service (QOS) of the Internet connection they
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provide to their respective area of coverage;


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(g) provide for an expeditious mechanism to address consumer complaints on slow
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internet speed and false advertising of internet speeds; and,
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(h) establish an efficient monitoring system or framework with regard to the PTEs
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and ISPs' management of consumer complaints and maintain records of
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subscribers' complaints.
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Sec. 11. Reports to Congress. — The DICT and NTC shall submit a quarterly
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progress report to Congress of all acts performed pursuant to this Act during the first
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week of the immediately preceding quarter.
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Sec. 12. Streamlining Permitting Requirements. — The DICT and other relevant
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regulatory agencies including, but not limited to, the Department of the Interior and
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Local Government (DILG), the Department of Public Works and Highways (DPWH),
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Department of Human Settlements and Urban Development (DHSUD), Anti-Red Tape
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Authority (ARTAj, Civil Aviation Authority of the Philippines (CAAP), Department of
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Health (DOH), and the Food and Drug Administration (FDA) shall ensure the
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streamlining of the permitting process for the construction, installation, and operation
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of telecommunications tower and other infrastructure such as, but not limited to,
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permits for base stations, cables, poles, and other work elements necessary to offer
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internet service.
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The DICT shall set up a one-stop shop that shall coordinate with other
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regulatory agencies regarding the permitting requirements and applicable regulatory
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fees for installing common towers, cables, poles, and other network elements in order
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to facilitate the attainment of the objectives of this Act.
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Sec. 13. Locai Government Units (LGUs) as Partners in Broadband
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Infrastructure Deveiopment — The LGU shall serve as a strategic partner who shall
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ensure that all LGU-related permits and requirements necessary to expand internet
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coverage and improve quality of internet service shall be acted upon Immediately. In
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order to ensure that all municipalities and barangays have access to internet facilities,
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LGU shall be allowed to build and operate its own broadband network partnership with
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PTEs and ISPs.
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Sec. 14. Infrastructure Sharing and Co-iocation. -
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(a) The DICT shall promulgate policies, rules, and regulations, in coordination
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and/or jointly with the concerned national government agencies, government


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owned and controlled corporations, and LGUs to ensure that infrastructure,
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whether existing or built in the future, necessary or capable of supporting data
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transmission networks or services are:
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i. mandatory for open access and made available for co-location and co-
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use by the owner of network facilities, equipment, and infrastructure on
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an open, fair, and non-discriminatory basis to any access seeker's
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network facilities;
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ii. as far as possible, deployed together with roadworks, pipe-laying, and
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other infrastructure development by both government and private
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entities; and
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iii. propagated in the most cost-efficient and timely manner through various
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means, including encouraging the operation of independent entities that
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build and operate towers, dark fiber, and utility 
corridors, among other
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infrastructure that help facilitate broadband network deployment.
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(b)The DICT shall. In coordination with the PCC and other relevant government
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agencies, promulgate policies, rules, and regulations to ensure that buildings,
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condominiums, villages, towns and subdivisions are all built with facilities, such
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as cable entrances, ducts, and risers, that allow non-discriminatory and non-
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exclusive access to multiple service providers, in order for PTEs and ISPs to
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provide internet service;
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(c) In case of a dispute arising from an infrastructure-sharing arrangement, the
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DICT shall:
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i. 
coordinate with the regulator of the infrastructure;
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il. 
mediate between a PTE or ISP and an infrastructure owner, which may
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include a PTE, and ISP, or a public service network provider; and/or,
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iii. serve as the primary enforcer of this provision
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(d)The DICT shall encourage the use of existing Infrastructure, such as those of
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cable TV operators, to fast track the layout of networks, to increase coverage,
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and to address the problem of unserved and underserved areas;
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(e)The regulator of the shared infrastructure shall, in consultation with concerned
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stakeholders, determine and ensure reasonable rental rates for use of shared


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Infrastructure such as, but not limited to, utility poles, utility corridors and
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ducts; and,
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(f) For shared infrastructure arrangements, the DICT shall also look into the
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following considerations:
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i. 
Technical feasibility of the request of access seeker to use infrastructure;
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ii. 
Incentives to encourage investment in less commercially viable areas;
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iii. 
Fair and reasonable rates for shared facilities, depending on the location
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and market size in a paTicular area.
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All policies, rules, and regulations under this Section shall be operationalized
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within one (1) year from the effectivity of this Act.
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Sec. 15. Penalties. - The NTC may, motu proprio or upon complaint of any
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interest party, in the appropriate administrative and/or quasi-judicial process, and in
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accordance with due process, shall:
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(a) Require any PTE or ISP, who shall not meet the requirements set forth under,
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or shall not comply with the provisions of this Act, to comply with service
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standards that have not been met, or provisions of this Act that have been
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violated;
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(b) Impose upon entitles who do not comply with internet service standards as laid
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down by Sections 4, 5 and 8 of this Act and as prescribed by the NTC:
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i. The penalty of a fine of not less than Two Hundred Thousand Pesos
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(P200,000.00) but not more than Two Million Pesos (P2,000,000.00) for
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each count of violation: Provided, That If a service provider has a gross
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annual Income not exceeding Ten Million Pesos (P10,000,000.00), the
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penalty shall be equivalent to one percent (1%) to two percent (2%) of
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its gross annual income; and,
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ii. For repeated violations, revoke the PTE's Provisional Authority or
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Certificate of Public Convenience and Necessity, or cancel the
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registration of an ISP, whichever applies, including the waiving of any
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pre-termination fees of affected subscribers and timely disbursement of
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any remaining credits from excessive downtime.
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The foregoing is without prejudice to any other remedies available to the NTC
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under existing law.


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Sec, 16. Implementing Rules and Regulations. - Within sixty (60) days after
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the effectivity of this Act, the DICT and the NTC shall issue a Joint Memorandum
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Circular setting forth the rules and regulations to effectively implement the provisions
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of this Act.
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Sec. 17. Separability Clause. - If any provision or part hereof is held invalid or
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unconstitutional, the remainder of the law or the provision or part not otherwise
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affected shall remain valid and subsisting.
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Sec. 18. Repealing Clause. - Any law, presidential decree or issuance,
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executive order, letter of instruction, administrative order, rule, or regulation contrary
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to or Inconsistent with the provisions of this Act are hereby repealed, modified, or
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amended accordingly.
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Sec. 19. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
Approved,
10