HOUSE OF REPRESENTATIVES:

SEVENTEENTH CONGRESS OF THE) RECEIVED
REPUBLIC OF THE PHILIPPINES ) ne 6 JUL 2016
First Regular Session )
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By.

HOUSE OF REPRESENTATIVES

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Introduced by Representative VILMA SANTOS-RECTO
6th District of Batangas

AN ACT
PROVIDING FREE WI-FI INTERNET ACCESS IN PUBLIC BUILDINGS, TRANSPORT
TERMINALS AND PARKS, AND FOR OTHER PURPOSES

Explanatory Note

‘The National Capital Region (NCR) has been ranked the 2nd best outsourcing destination in the
world after Bangalore, India.’ The Information Technology-Business Process Outsourcing (IT-BPO)
sector remains vibrant and progressive, signaling the importance of the Internet in the Philippine capital
and the economy.

However, wireless internet connection is difficult to locate and acquire. In the May 2015 Ookla
Household Speed Index test, the Philippines’ Intemet Speed of3.64 Mbps ranks 176" out of the 202
countries included, way below the global average of 23.3 Mbps, and2™ to the lowest in Asia, next to
Afghanistan? This is a clear reflection of the low priority given to broadband internet infrastructure in
the country.

Despite having a Philippine Digital Strategy (PDS) 2011-2016, the establishment of a broadband
internet infrastructure policy for the Philippines, which could mean internet for all, seems to have been
pushed back with regard to importance.

In line with the goal of the PDS to establish a Universal Access and Service Fund (UASF), a
financing instrument that can be sourced from the Spectrum User Fees (SUF) of the National
Telecommunications Commission (NTC), this bill proposes that the sums necessary to implement the
broadband infrastructure shall be automatically appropriated out of the SUF of NTC. The SUF
accounts for a significant amount of the agency's revenue and reverts to the National Treasury

This bill recognizes the vital role of communication and information in national development and
thus, provides for free public wireless internet access in public buildings, parks, and national roads.

Similar to the relevance of roads and bridges in stimulating economic activity and in fueling the
Philippine economy, so too is the effect of a broadband infrastructure. Connectivity to the intemet will
enhance business growth opportunities and will assure citizens ease of sourcing timely information at
the click of a button,

For the Philippines to further establish itself as an emerging economy, a public broadband
intemet infrastructure must be in place. Providing free internet access to public buildings and facilities
will also ensure that our growing labor force will be updated with employment opportunities. Free

‘Source: Tholons Top 100 Outsourcing Destination 2016
®May 2018 Ookla Houschold Speed Index


wireless internet connection will ensure that the populace-beginning in the capital-will be equi
with and honed to using key faculties needed to build an innovative, progressive, and rapidly digit
economy.

ing

Allowing free wireless internet access in key public places means providing access to the
underserved in our society, including getting low-income people online. Connectivity must be provided
to residents and visitors of the capital, providing them access to critical information anytime-from
educational information for students in our public schools, traffic situations and alternative routes for
motorists plying the Epifanio de los Santos Avenue (EDSA) and other national highways, latest
weather advisories disseminated through social media, prime commodity price fluctuations such as that
of food and fuel, updates on government services such as issuances of documents, to transparency

initiatives of the government.

In light ofthe foregoing, the approval of ths bill is eamestly sought. <————

VILMA SANTOS-RECTO

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Corvranunewone

SEVENTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —_)
First Regular Se )

HOUSE OF REPRESENTATIVES

H.No. 954

Introduced by Representative VILMA SANTOS-RECTO.
6th District of Batangas

AN ACT
PROVIDING FREE WI-FI INTERNET ACCESS IN PUBLIC BUILDINGS, TRANSPORT
TERMINALS AND PARKS, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Short Title. — This Act shall be known as the “Free Public Wi-Fi Act of 2016”.

SEC. 2. Declaration of Policy. - The State shall give priority to science and technology to
accelerate social progress and promote human development. The State shall encourage the participation
of local governments, private groups, and community-based organizations in the development and
utilization of science and technology for national development.

In recognition of the vital role of information and communication in nation-building, the State
shall promote a policy environment for the development of information and communication structures
that would ensure the availability and accessibility to quality, affordable, reliable and secure Internet.
access suitable to the needs and aspirations of the nation. The State shall also encouragethe exchange of
information into, out of, and across the country, to promote knowledge-building among citizens and
enable them to participate and compete in an evolving information and communications technology

age.

SEC. 3. Free Wi-Fi Internet Access. - Within two (2) years from the effectivity of this Act, free

‘Wi

i Internet access shall be made available in public areas enumerated under Section 4 of this Act:
Provided, That priority shall be given to areas with existing Internet infrastructure.

SEC. 4. Coverage. — Public areas to be provided with free Wi-Fi Internet access shall include
the following:

a)

National and local government offices;
b) State universities and colleges;

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Public hospitals and health centers;

Public parks, plazas, and libraries;

Airports and seaports; and
£) Public transport terminals.

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At the minimum, free Wi-Fi Internet access should be available at the main lobbies and main
hallways of the public building or terminal, or at the main assembly point in a public park or area.

SEC. 5. Free and Fair Usage Policy. No fees shall be collected for use of the free Wi-Fi
Internet service. A Fair Usage Policy shall be implemented to ensure that individuals will have
equitable access. No restrictions or requirements that hinder access shall be imposed, except to
implement the Fair Usage Policy or when there is a clear and present security or technical risk that
cannot be remedied through normal technical solutions.

The free Wi-Fi Internet access shall not be used for the regular operations and/or activities of
the offices or facilities covered: Provided, That the shared use of infrastructure shallnot be prohibited.

SEC. 6. Role of Government Agencies.~The Department of Information and Communications
Technology (DICT) shall be the lead agency for the implementation of this Act, in cooperation with all
National Government Agencies (NGAs) and Local Government Units (LGUs).

For the purpose of this Act, theNGAs and LGUs shall:

a) Allow reasonable access for the installationof equipment and signage to areas
of the building or park where thefree Wi-Fi Intemet service is reasonably
required;

b) Allow reasonable use of electricity; and

¢) Ensure the security of the equipment installed.

To provide a nationwide, uniform, and easier access, NGAs and LGUs that are already offering
free Wi-

Internet access to the public, may enroll or align their existing service with that provided in
this Act.

SEC. 7. License-Free Use of Available and Unassigned Spectrum.— The DICT, in coordination
with the National Telecommunications Commission (NTC), shall be allowed the license-free use of
available and unassigned spectrum for the provision of the free Wi-Fi Internet service, as well as for
other public service purposes: Provided, Thatthisshall not cause interference to, or hinder the
development of, the broadcast and other services authorized by the NTC.

The license-freeuse of available and unassigned spectrum may be granted to other agencies and
private entities subject to the guidelines issued by the DICT and the NTC.

SEC. 8, Public-Private Participation. To promote an efficient and cost-effective delivery of
the free Wi-Fi Internet service, the DICT shall partner with private service providersin
theimplementation of this Act.

In order to lower costs, increase speed, and improve the free Wi-Fi Internet service, private
service providers are encouraged to exchange data traffic at a domestic Internet Protocol (IP) Exchange
designated by the DICT.

SEC. 9. Appropriations. — The amount necessary for the immediate implementation of the
provisions of this Act shall be charged against any available funds of the DICT and the NTC.

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Thereafter, such sums as may be necessary to implement this Act shall be automatically appropriated
out of the Spectrum User Fees (SUF) collection of the NTC.

Any deficiency in the budgetary requirements for the implementation of this Act shall be
included in the General Appropriations Act.

SEC. 10.Annual Report The DICT shall prepare an annual report on the status of the
implementation of the free Wi-Fi Internet service program, which shall be submitted to the President of
the Philippines and to the Chairpersons of the Committee on Science and Technology of both Houses
of Congress, not later than June 30 of the succeeding year.

SEC. 11.Jmplementing Rules and Regulations. ~ The DICT, in coordination with the NTC and
the Department of Interior and Local Government (DILG) shall promulgate not later than thirty (30)
days upon the effectivity of this Act the necessary rules and regulations for its effective
implementation.

SEC.12.Separability Clause. — In the event that any provision of this Act is declared
unconstitutional, the validity of the other provisions shall not be affected by such declaration.

SEC. 13. Repealing Clause. — All laws, decrees, orders, rules and regulations, or portions
thereof, inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 14, Effectivity. ~ This Act shall take effect fifteen (15) days following its publication in at
least two (2) newspapers of general circulation or in the Official Gazette.

Approved,