I'
EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
S E N A T E
911
S. No.
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’19 
AUG 15 
P 5  3 5
RECEIVLD BY:
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
PROMOTING 
OPEN 
ACCESS 
IN 
DATA TRANSMISSION, 
PROVIDING 
ADDITIONAL 
POWERS 
TO 
THE 
NATIONAL 
TELECOMMUNICATIONS 
COMMISSION, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Philippines has improved exponentially in terms of telecommunication 
infrastructure brought about by the rapid technological evolution for the past few 
years. This technological evolution has been felt in almost all facets of life. The mobile 
phone has taken over the world, becoming an all in one device that we almost cannot 
live without in todays world. The internet has been a bridge for nations to connect 
and communicate across the globe, almost no corner is considered far nowadays 
through the wonders of technology.
A major factor in telecommunications is the transmission of data. As the 
Philippines struggles with the limitations of its infrastructure and resources, it is 
necessary to permit open access, which allows every option that will aid the 
improvement of data transmission in our country. This measure seeks to establish a 
regulatory framework that would encourage competition, mandate interconnection of 
networks, and promote infrastructure sharing.
This measure likewise aims to increase the powers of the National 
Telecommunications Commission, granting it authority to promote a conducive 
environment for data networks and associated industries to thrive and innovate which 
would redound to the benefit of Filipinos through increased information access.
In view of the foregoing, the swift passage of this bill is earnestly sought.
RAM O y BONG REVILLA, JR.


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
S E N A T E
911
S. No.
^  
^cn a iL '
Officf of ll)r ifcrartar^
•If AUG 15 P5-.35
RECEIVLO B'.'
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
PROMOTING 
OPEN 
ACCESS 
IN 
DATA TRANSMISSION, 
PROVIDING 
ADDITIONAL 
POWERS 
TO 
THE 
NATIONAL 
TELECOMMUNICATIONS 
COMMISSION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
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Section 1. Title. - This Act shall be known as the "Open Access in Data
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Transmission Act o f 2019".
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Sec. 2. Declaration o f Policy. - It is hereby declared the policy of the State:
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(a) To ensure and accelerate the narrowing of the digital divide in the country;
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(b To ensure that reliable, affordable, open, and accessible data networks
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transmit information at speeds, and with quality comparable to the best in the
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world and alignment with modern global practices;
8 
(c) To create an entrepreneurial ecosystem where persons who wish to engage
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in the data transmission industry compete openly and freely In the spirit of fair
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competition and permission-less innovation;
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(d) To encourage investment in the digital infrastreucture of the country;
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(e) To protect the public interest as it is affected by its ability to access data networks;
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(f) To adopt the core values of the Open Access approach to building the country's
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data infrastructure, namely:
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(i) Adoption of a technology-neutral framework that encourages innovative,
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low-cost delivery users;
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(ii) Fair and open competition at all multiple layers of the data transmission
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network, allowing a wide variety of physical networks and application to
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interact in an open architecture;


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(iii) Transparency to ensure fair trading within and between layers that allows 
clear, comparative information on market prices and services;
(iv) The creation of circumstances where everyone can connect to everyone 
else at the various layers 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;
(v) Devolved and distributed local solutions rather than centralized ones
encouraging services that are closer to the user.
(g) To establish a strong and independent regulatory body and system to ensure fair 
competition and enhance the competitive operation of the data transmission sector; 
and
(h) To 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 threreby encouraging the development of advanced 
telecommunications capabilities and the removal of barriers to infrastructure 
investment.
Sec. 3. Definition of Terms. - As used in this Act, the following terms shall mean: 
a) Core/Backbone network- the main line (or connection) that tries networks; delivers 
routes to exchange information among various sub-networks, connects regional 
distribution and, in some instsances, provides connectivity to other peer networks.
(b) Data transmission - the process of sending digital or analog data over a 
communication medium to one or more computing network/s, communication or 
electronic device/s. It enables the transfer and communication of devices in a point- 
to-point, point-to-multipoint, and multipoint-to-multi-point environment.
(c) International gateway/ianding -segment of data transmission that consists of any 
facility that provided an interface to send and receive data traffic between one 
country's domestic network facilities and thosse in another country.
(d) Last mile - segment of data transmission from the network to the end-users
(e) Middle mile - segment of data transmission that carries data from the back-haul 
network to the nearest aggregation point, then from gthe aggregatgion point to the 
nearest point of presence (PoP).
(f) National Telecommunications Commission (NTC) - the entity defined and created 
by the Public Telecommunications Policy Act (Republic Act No. 7925, as amended).


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(g) Open Access- the system of allowing data transmission participant the use of data
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transmission and/or distribution system, and associated facilities subject to fair,
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reasonable and non-discriminatory terms in a transparent market.
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(h) Paid prioritization - the management of a data transmission participant to directly
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or indirectly favor some traffic over other traffic, including through use of techniques
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such 
as traffic shaping, prioritization, resource reservation, zero-rating, or other
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forms of preferential traffic management, either: (1) in exchange for consideration
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(monetary or otherwise) from a third party, or (2) to benefit an affiliated entity.
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CHAPTER I I
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DEFINITION, ORGANIZATION AND OPERATION OF THE DATA
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TRANSMISSION INDUSTRY
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Sec. 4. Scope. - This applies to all persons wishing to participate in the data
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transmission industry. For this purpose, any person or entity whose business is
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substantially with the transmission of data shall be governed by the provisions of this
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Act.
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Sec. 5. Segments. - The data transmission industry shall be divided into four
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segments: (a) International Gateway/Landing, (b) Core/Backbone Network, (c) Middle
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Mile, and (d) Last Mile.
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All four segments, involving businesses affected with public interest, shall be
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competitive and open. Any law to the contrary notwithstanding, participants in any of
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the four segments shall not be required to secure any other license, approval,
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franchise, or certificate other than those expressly provided for in this Act.
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A participant in any of the four segments shall, before it operates, secure from
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the NTC a Certificate of Compliance certifying that it has completed all that is required
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of it under this Act, and that it has obtained all the necessaery business permits and
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health safety, and environmental clearances from the appropriate government
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agencies under existing laws.
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CHAPTER I I I
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REGULATION OF THE DATA TRANSMISSION INDUSTRY
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Sec. 6. Additional Powers and Functions o f the NTC. -  The NTC shall have the
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additional powers and functions:


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(a) Resource Allocations. - The NTC shall, upon due consultation on how to
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maximize ther return for the allocation of finigte resources used in the transmission of
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data, promulgate such rules and regulations by which it may obtain maximum value
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for every technological wave under its management.
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(b) Setting Performance Standards. - The NTC shall set and measure reporting
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and performance standards shall take into account speed, packet loss, jitter, and
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latency. The NTC shall regularly polish the results of these measurements in an open
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data format accessible to the general public.
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(c) Recovery of Resources. - If the NTC finds, on its own initiative or upon
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complaint, that any right, license, or franchise granted to any data transmission
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industry participant is not being used in accordance with the covenants it requires of
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the person developing that resource, and upon due hearingm it may revoke the license
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without the need of compensation, franchise, or right, and set the same for acquisition
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by any qualified party, at auction.
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Sec. 7. Prohibited Acts. -
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(a) Plug and Play. - Any person engaged in gthe data transmission industry,
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insofar such person is so engaged, shall not refuse access to infrastructure to any
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perosn also engaged in the data transmission industry, except for failure to pay open
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market fees for the access to the service.
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Sec. 8. Arrns-iength Transactions and Transparency. 
- The NTC shall
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promulgate rules requiring all data transmission industry participants to include in their
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annual report a fair and accurate statement regarding their market prices and their
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services.
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Sec. 9. Fair competition. - (a) The Philippine Competition Commission (PCC)
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and the NTC shall ensure that for those providing services at any given layer, there
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are at least two significant providers; and (b) when there are less than four (4)
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significant providers of any particular service, the PCC and the OFC should scrutinize
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any act made by the remaining providers for anti-competitive behaviour under the
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Philippine Competition Act.
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CHAPTER VI
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PENALTIES


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Sec. 10. Administrative Penaities. -  A data transmission industry participant
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violating any provision of this Act shall forfeit all certificates, licenses, rights, and
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awards issued to it that enables its participation in the data transmission industry.
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Sec. 11. Adjustment for Inflation. 
-  The fines mentioned herein shall be
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adjusted, year-on-year, according to the prevailing Consumer Price Index.
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CHAPTER V II
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FINAL PROVISIONS
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Sec. 12. Technological Neutrality. - The NTC shall promulgate the necessary
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rules and regulations to ensure that the provisions of this law apply, mutatis mutandis,
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to ensure that the provisions herein apply to future technologies in data transmission.
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Sec. 13. Expedited Processing. - In all instances where a participant in the data
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transmission industry shall require a form, certificate, or request, there should be no
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more than two (2) public officers involved in processing the form, certificate, or
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request.
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Sec. 14. Implementing Rules and Regulations. - Within sixty (60) days from the
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effectivity of this Act, gthe NTC shall promulgate the necessary rules and regulations
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for the effective implementation of this Act.
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Sec. 15. Separability Clause. - Should any provision herein be declared
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unconstitutional, the same shall not affect the validity of the other provision of this
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Act.
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Sec. 16. Repealing Clause. -  All laws, decrees, orders, rules, and regulations or
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other issuances or parts inconsistent with the provisions of this Act are hereby
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repealed or modified accordingly.
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Sec. 17. Effectivity. 
-  This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in any two (2) newspapers of general circulation
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in the Philippines
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Approved,