Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
‘TWENTIETH CONGRESS
First Regular Session

1654

HOUSE BILL NO.

Introduced by REPRESENTATIVE CHEENO MIGUEL D. ALMARIO

EXPLANATORY NOTE

In May 16, 2011, the United Nations Human Rights Council, during its Seventeenth
Session, released a report recognizing that access to internet is important to exercise an
individual's right to freedom of opinion and expression, among other human rights. The
report states that "Facilitating access to the Internet for all individuals, with as little
restriction to online content as possible, should be a priority for all States”.

14 years after the said report was released, internet connectivity in the Philippines
remains to be most expensive and one of the slowest in Southeast Asia. Based on the
recent report of Department of Information and Communications Technology (DICT),
only 3 out of 10 Filipinos has reliable internet connection and only 12,000 independent
common internet towers are present in the country.

This bill seeks to ensure that the all Filipinos will have internet access by making
the internet business less costly and more efficient. By encouraging more independent
internet providers, the building of infrastructures will be done at a faster pace. It will also
promote a healthier business competition, thus lowering the cost for the consumers.

Hence, the passage of this bill is earnestly sought.

CHEENO ). ALMARIO
Re ive
2m District, Davao Oriental

+ https://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27 en.pdf.

? WB urges reforms in PH's connectivity, says cost of inaction too high. Sundy Locus, June 27, 2024.
https://www.gmanetwork.com/news/money/economy/911390/world-bank-urges-reforms-in-philippines-
internet-connectivity-says-cost-of-inaction-too-high/story/.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
‘TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 1654

Introduced by REPRESENTATIVE CHEENO MIGUEL D. ALMARIO

AN ACT
PROVIDING FOR CHEAPER AND MORE ACCESSIBLE INTERNET FOR ALL

Be it enacted by the Senate and House of Representatives of the Philippines in the
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as “Sana All May Internet Act”.

SEC. 2. Declaration of Policy. - The State recognizes the vital role of
telecommunication in nation building and as such, it shall implement measures to
provide communication standards suitable to the needs and aspirations of the nation.

As a scarce public resource, the State shall manage the use of the radio frequency
spectrum in the interest of the public and in accordance with international agreements
and conventions to which the Philippines is a signatory. To this end, the government shall
allocate the radio frequency spectrum to promote the adoption of appropriate
technologies and best practices, an interference-free environment, and the highest
service standards and shall assign the radio frequency spectrum to service providers
capable of efficiently and effectively using it to meet public demand for
telecommunications and data transmission services.

SEC. 3. Objectives. - This Act aims to:

a. Establish a policy and regulation that shall reduce to zero the spectrum user
fee (SUF) paid by telecommunications entities to the national government, to
enable the proliferation of the Wi-Fi technology usage and facilitate
infrastructure development, and eventually lower the cost of delivering
telecommunications services to end users;

b. Promote the acceleration of internet use in the country and the expansion of
Wi-Fi technology and infrastructure in unserved and underserved areas so the
poor and underprivileged shall have access to reliable, accessible, and
affordable connectivity;


49

c. Encourage and empower the small players in the industry to provide
affordable internet services, especially in the unserved and underserved areas;
and

d. Adopt a license-free, zero SUF policy in accordance with international best
practices, and protect public interest by limiting the use of Wi-Fi frequency
fixed links to the government and duly enfranchised public
telecommunications entities.

SEC. 4. Definition of Terms. - As used in this Act:

a. Internet refers to the biggest worldwide global computer network providing a
wide variety of information and communication facilities, consisting of
interconnected networks using standardized communication protocols;

b. Open and unprotected frequency refers to the frequencies at 2.4-2.4835 GHz,
5.150-5.350 GHz, and 5.470-5.850 GHz. of the radio spectrum. Any frequency
outside of the aforementioned is licensed especially if it is included in the list
of frequencies in the NTC Memorandum Circulars and issuances which are part
of the National Radio Frequency Allocation Table;

c. Public telecommunications entity or PTE refers to any person, firm,
partnership or corporation, government or private, engaged in the provision
of telecommunications services to the public for a fee;

d. Radio frequency spectrum refers to the part of the electromagnetic spectrum
with frequencies from 30Hz to 300GHz, used for communications which
includes frequencies for wireless telecommunications technologies such as
radio, television, and radar;

e. Spectrum user fee (SUF) refers to the fee imposed by the government regulator
in the use ofa particular frequency; and

f. Wi-Fi or Wireless fidelity refers to a type of wireless local access network
technology that is based on the Institute of Electrical and Electronics Engineers
or IEEE’s wireless communication standard 802.11 family and uses the 2.4
GHz and 5 GHz frequency band.

SEC. 5. Coverage. - This Act shall cover Wi-Fi frequencies at 2.4-2.4835 GHz,
5.150- 5.350 GHz, and 5.470-5.850 GHz, and any other frequency band that the NTC may
deem open and unprotected after due notice and hearing. This Act shall in no way amend
or repeal Republic Act No. 10929, otherwise known as "The Free Internet Access in Public
Places Act".

Notwithstanding the foregoing, the NTC is hereby authorized to add in the list of
the frequencies enumerated under this Act, should there be in the future, pursuant to
internationally agreed standards, changes in technologies, and as public safety and
security may require any new frequency that may fall or be included into the definition
of open and unprotected spectrum.

SEC. 6. Establishing a Zero Spectrum User Fee. - The State, through the DICT
and the NTC, shall not impose a levy, charge, or collect fees from PTEs and other users for
their use of the frequencies as specified in this Act: Provided, That PTEs shall not
interfere with each other's Wi-Fi airwaves or with any licensed radio stations in the
course of their operations, thereby effectively establishing a zero SUF. The zero SUF shall
be without prejudice to the authority of the State, through the NTC, to collect fees for


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registration and authorization permits and licenses provided that such fees do not
substantially deviate from traditional fees and charges that it becomes onerous to PTEs.

SEC. 7. Devices and Equipment. - Devices and equipment used to access the
frequencies enumerated under this Act shall continue to strictly adhere to the existing
NTC technical conditions and regulatory standards.

SEC. 8. Implementing Rules and Regulations. - Within sixty (60) days from the
effectivity of this Act, the NTC shall, together with the DICT and representatives from the
telecommunications sector, promulgate the necessary rules and regulations for the
effective implementation of the provisions of this Act.

SEC. 9. Joint Congressional Oversight Committee (JCOC). - There is hereby
created a Joint Congressional Oversight Committee to monitor the effective
implementation of this Act, recommend the necessary remedial or administrative
measures, and perform such other duties and functions as may be necessary to attain the
objectives of this Act.

The oversight committee shall be composed of eight (8) members, with the
Chairpersons of the Senate Committee on Public Services and the House of
Representatives’ Committee on Information and Communications Technology as Co-
Chairpersons. The three (3) members from each House shall be designated by the Senate
President and the Speaker of the House of Representatives, respectively; Provided, That
atleast one (1) member from each House shall be nominated by their respective Minority
Leaders. The secretariat of the JCOC shall be the existing secretariat personnel of the
concerned Committees of both Houses of Congress.

SEC. 10. Suppletory Application. - The provisions of Republic Act No. 10844,
otherwise known as the "Department of Information and Communications Technology
Act of 2015" and other laws consistent with this Act shall have suppletory application.

SEC. 11. Separability Clause. - If any provision of this Act is declared
unconstitutional or invalid, other parts or provisions hereof not affected thereby shall
continue to be in full force and effect.

SEC. 12. Repealing Clause. ~ All laws, decrees, executive orders, issuances, rules,
and regulations which may be inconsistent with any of the provisions of this Act, are
hereby deemed repealed, amended, or modified accordingly.

SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,