Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No._____ 
________________________________________________________________ 
Introduced by: REPRESENTATIVE EDWIN L. OLIVAREZ 
EXPLANATORY NOTE 
Given the need for the improvement of the telecommunication services in the 
country, this Bill is intended to expand and strengthen the powers of the National 
Telecommunication Commission. 
The key provisions in this Act include defining significant market power as the 
ability of a public telecommunications entity to affect price, supply, or innovation in 
the telecommunications industry or any part thereof, as a result of either its control 
over essential facilities or the use of its position in any market in the 
telecommunications industry or any market related thereto; the mandate of the 
adoption of standardized definitions of the International Telecommunications Union, 
the Internet Engineering Task Force, the World Wide Web Consortium, and other 
international and transnational agencies governing the development, use, and 
standardization of the internet and information and communications technology. 
As a measure for the continuous need for the development and improvement 
of our telecommunication services, this passage of this Bill is earnestly sought. 
EDWIN L. OLIVAREZ 
January 26, 2023
9:38 am
6915


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No._____ 
________________________________________________________________ 
Introduced by: REPRESENTATIVE EDWIN L. OLIVAREZ 
AN ACT EXPANDING THE COVERAGE AND STRENGTHENING THE POWERS OF 
THE NATIONAL TELECOMMUNICATIONS COMMISSION (NTC) AMENDING FOR 
THE PURPOSE REPUBLIC ACT NO. 7925 OTHERWISE KNOWN AS THE PUBLIC 
TELECOMMUNICATIONS POLICY ACT OF THE PHILIPPINES 
Be it enacted in the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled: 
SECTION 1. Section 3 of Republic Act 7925, otherwise known as the ‘Public 
Communications Policy Act of the Philippines”. is hereby amended to read as follows: 
“Sec. 3. Definitions and Interpretations. — For purposes of this Act, the 
following terms shall be used: 
XXX 
(L) SIGNIFICANT MARKET POWER – THE ABILITY OF A PUBLIC
TELECOMMUNICATIONS ENTITY TO AFFECT PRICE, SUPPLY OR 
INNOVATION IN THE TELECOMMUNICATIONS INDUSTRY OR ANY PART 
THEREOF, AS A RESULT OF EITHER ITS CONTROL OVER ESSENTIAL 
FACILITIES OR THE USE OF ITS POSITION IN MARKET IN THE 
TELECOMMUNICATIONS 
INDUSTRY 
OR 
ANY 
MARKET 
RELATED 
THERETO. 
FURTHER, 
THE 
COMMISSION 
IS 
MANDATED 
TO 
ADOPT 
STANDARDIZED 
DEFINITIONS 
OF 
THE 
INTERNATIONAL 
TELECOMMUNICATIONS UNION (ITY), THE INTERNET ENGINEERING 
TASK FORCE (IETF), THE WORLD WIDE WEB CONSORTIUM (WWWC), 
AND THE INTERNET CORPORATION FOR ASSIGNED NUMBERS AND 
NAMES (ICANN), AND OTHER INTERNATIONAL AND TRANSNATIONAL 
AGENCIES 
GOVERNING 
THE 
DEVELOPMENT, 
USE, 
AND 
STANDARDIZATION OF THE INTERNET AND INFORMATION AND 
COMMUNICATIONS TECHNOLOGY, SUBJECT TO REFINEMENTS OF 
THESE INTERNATIONAL STANDARDS AS MAY BE PRESCRIBED BY 
REGIONAL 
TELECOMMUNICATION 
BODIES 
TAKING 
INTO 
CONSIDERATION THE SPECIAL CIRCUMSTANCES APPLICABLE ONLY TO 
THE REGION.” 
6915


SECTION 2. Section 5 of the same Act is hereby amended to read as follows: 
“Sec.5. 
Responsibilities 
of 
the 
National 
Telecommunications 
Commission. — The National Telecommunications Commission (Commission) 
shall be the principal administrator of this Act and as such shall take the 
necessary measures to implement the policies and objectives set forth in this 
Act. Accordingly, in addition to its existing functions, the Commission shall 
be responsible for the following: 
XXX 
(c) Mandate a fair and reasonable interconnection of facilities of
authorized 
public 
network 
operators 
and 
other 
providers 
of 
telecommunications 
services 
through 
appropriate 
modalities 
of 
interconnection and at a reasonable and fair level of charges, [which make 
provision for the cross subsidy to unprofitable local exchange service areas so 
as to promote telephone density and provide the most extensive access to 
basic telecommunications services available at affordable rates to the public]; 
XXX 
(f) Protect consumers against misuse of a telecommunications entity's
monopoly or quasi-monopolistic powers by, but not limited to, the 
investigation of complaints and exacting compliance with service standards 
from such entity; [and] 
(g) In the exercise of its regulatory powers, continue to impose such fees
and charges as may be necessary to cover reasonable costs and expenses for 
the regulation and supervision of the operations of telecommunications 
entities.; 
AND 
(H) IN THE EXERCISE OF ITS REGULATORY POWERS, IMPOSE
FINES AGAINST PUBLIC TELECOMMUNICATION ENTITIES WITHIN THE 
SCOPE OF ITS REGULATION, WHICH ARE FOUND TO HAVE VIOLATED, 
VIOLATING OR THOSE WHICH HAVE FAILED OR ARE FAILING TO 
COMPLY WITH THE TERMS AND CONDITIONS OF THIS ACT, ANY 
CERTIFICATE, OR ANY ORDER, DECSION OR REGULATION OF THE 
COMMISSION. 
THE ERRING PUBLIC TELECOMMUNICATION ENTITY SHALL BE 
SUBJECT TO A FINE AMOUNTING TO THE TOTAL ACTUAL LOSS OR 
OVERCHARGING AS DETERMINED BY THE COMMISSION FOR EVERY 
DAY DURING WHICH SUCH DEFAULT OR VIOLATION CONTINUES, OR IF 
IT IS NOT FEASIBLE TO QUANTIFY THE OFFENSE, TO A FINE 
AMOUNTING TO ONE MILLION PESOS (PHP 1,000,000,00) FOR EVERY 
DAY DURING WHICH SUCH DEFAULT OR VIOLATION CONTINUES UNTIL 
THE 
AMOUNT 
IS 
FULLY 
PAID: 
PROVIDED, 
THAT, 
IF 
THE 
TELECOMMUNICATION ENTITY HAS A GROSS ANNUAL INCOME NOT 
EXCEEDING TEN MILLION PESOS (PHP 10,000,00.00), THE PENALTY 
THAT MAY BE IMPOSED SHALL BE EQUIVALENT TO ONE PERCENT (1%) 
TO TWO PERCENT (2%) OF ITS GROSS ANNUAL INCOME. THE 


COMMISSION IS HEREBY AUTHORIZED AND EMPOWERED TO IMPOSE 
SUCH FINE, AFTER DUE NOTICE AND HEARING. THE ERRING 
TELECOMMUNICATION ENTITY IS ALSO MANDATED TO REFUND TO 
CONSUMERS THE CHARGES IT ERRONEOUSLY IMPOSED TO ITS 
SUBSCRIBERS. 
 
THE COMMISSION IS FURTHER AUTHORIZED TO IMPOSE A FINE 
OF ONE MILLION PESOS (PHP 1,000,000.00) FOR EVERY DAY THAT 
VIOLATION OF SECTIONS 18 AND 19 HEREOF IS COMMITTED, AND 
UNTIL SUCH TIME THAT THE ERRING TELECOMMUNICATION ENTITY 
FULLY COMPLIES WITH THE TERMS AND CONDITIONS OF THE ACT, 
ANY CERTIFICATE, OR ANY ORDER, DECISION, OR REGULATION OF 
THE COMMISSION: PROVIDED, THAT IF THE TELECOMMUNICATION 
ENTITY HAS A GROSS ANNUAL INCOME NOT EXCEEDING TEN MILLION 
PESOS (PHP 10,000,000.00), THE PENALTY THAT MAY BE IMPOSED 
SHALL BE EQUIVALENT TO ONE PERCENT (1%) TO TWO PERCENT (2%) 
OF ITS GROSS ANNUAL INCOME. 
 
(F) 
THE 
COMMISSION 
SHALL 
REQUIRE 
PUBLIC 
TELECOMMUNICATION ENTITIES WITH SIGNIFICANT MARKET POWER 
AS DETERMINED BY THE PHILIPPINE COMPETITION COMMISSION (PCC) 
TO PROVIDE TIMELY ACCESS TO ITS NETWORK, FACILITIES OR 
EQUIPMENT TO ACCESS SEEKERS ON A FAIR, REASONABLE AND NON-
DISCRIMINATORY TEMS AND CONDITIONS.” 
 
 
SECTION 3. Section 10 of the same Act is hereby amended to read as follows: 
 
“Sec. 10. International Carrier. — Only entities which [will provide local 
exchange services and] can demonstrably show technical and financial 
capability to install and operate an international gateway facility shall be 
allowed to operate as an international carrier. 
 
[The entity so allowed shall XXX grant of authority.]  
[The international carrier shall XXX complies therewith.] 
[Failure to comply with XXX international carrier.]” 
 
SECTION 4. Section 12 of the same Act is hereby amended to read as follows: 
 
“Sec. 12. Mobile Radio Services. - [in a local telephone exchange area,] 
More than one duly enfranchised provider of mobile radio services, distinct 
and separate from the local exchange carrier, may be allowed to operate. 
However, such entities shall secure prior authority from the Commission and, 
in addition, comply with the [conditions imposed on VAS and with the] norms 
on radio frequency spectrum utilization. 
 
[The operator of XXX a mobile radio telephone system.]” 
 
SECTION 5. Section 15 of Republic Act 7925 is hereby amended to read as 
follows: 
 
“Sec. 14. [Radio frequency Spectrum.] USE OF AVAILABLE OR 
UNASSIGNED SPECTRUM. - The radio frequency spectrum allocation and 
assignment shall be subject to AN ANNUAL REVIEW, THE USE THEREOF 


SHALL BE SUBJECT TO reasonable spectrum user fees. Where demand for 
specific frequencies exceed availability, the Commission shall hold open 
tenders for the same and ensure wider access to this limited resource. 
 
WITHIN ONE (1) YEAR FROM THE EFFECTIVITY OF THIS ACT, THE 
DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY 
(DICT), IN CONSULTATION WITH THE COMMISSION AND THE PCC SHALL 
ISSUE THE GUIDING PRINCIPLES AND POLICY DIRECTION FOR THE USE 
OF SPECTRUM.” 
 
SECTION 6. Section 18 of the same Act is hereby amended to read as follows: 
 
“Sec. 
18. 
Access 
Charge/Revenue 
Sharing. 
— 
The 
access 
charge/revenue sharing arrangements between all interconnecting carriers 
shall be negotiated between the parties and the agreement between the parties 
shall be submitted to the Commission FOR REVIEW OR APPROVAL. In the 
event the parties fail to agree thereon within a reasonable period of time, the 
dispute shall be submitted to the Commission for resolution. 
 
In adopting or approving an access charge formula or revenue sharing 
agreement between two or more carriers, particularly, but not limited to a local 
exchange, interconnecting with a mobile radio, interexchange long distance 
carrier, or international carrier, the commission shall ensure equity, 
reciprocity and fairness among the parties concerned. [In so approving the 
rate XXX interconnecting with them.]” 
 
SECTION 7. A new Section shall be inserted after Section 18 of the same Act 
to read as follows: 
 
“SEC. 18-A TRANSPARENCY. – ALL INTERCONNECTING CARRIES 
SHALL PROVIDE TO THE COMMISSION ALL TERMS AND CONDITIONS, 
INCLUDING 
RATES, 
OF 
ACCESS 
CHARGE/REVENUE 
SHARING 
ARRANGEMENTS SUCH CARRIERS HAVE ENTERED INTO. 
 
ALL TELECOMMUNICATIONS SERVICE PROVIDERS SHALL OPEN 
THEIR BOOKS OF ACCOUNT TO THE COMMISSION, WHO IS 
EMPOWERED TO DEMAND COPIES THEREOF.” 
 
SECTION 8. Separability Clause. - Should any provision herein be declared 
unconstitutional, the other provisions not affected shall remain in full force and 
effect. 
 
SECTION 9. Repealing Clause. - Section 23 of Republic Act 7925 Equality 
of treatment in the Telecommunications Industry is hereby repealed. All laws, orders, 
issuances, rules and regulations or part thereof inconsistent with the provisions of 
this Act are hereby repealed, amended or modified accordingly. 
 
SECTION 10. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) national newspapers of general circulation. 
 
Approved,