FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B, Rodriguez and
Representative Maximo B. Rodriguez, Jr.

709

ill No.

House
EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 3007 by the
undersigned Rufus B. Rodriguez during the Fourteenth Congress. It was
approved by the Committee on Information Communications Technology as
substitute House Bill No. 1409 under Committee Report No. 398, dated
February 6, 2008. It was approved on 2™ reading on April 3, 2008 and 3°
reading on May 6, 2008. It was transmitted to the Senate on May 12, 2008
and was approved by it on January 1, 2010.

In this electronic age, the most popular media of communication that
are affordable but highly informative that reach the great many regardless of
status in life are cable television and internet.

Unfortunately, providers of CATV and Intemets are threatened by high
incidence of theft through unauthorized interception of CATV programming or
Internet services.

This has become a very serious issue that cable television and Internet
providers face today.

Not only has theft or unauthorized interception caused financial
damage to providers, it had also made the signal poor, thus, depriving the
consuming public quality service. Thus, the need to declare such acts as
unlawful and providing penalties therefore.

Cable television and Internet must survive and remain competitive to
provide affordable and fast media and communication services to their
subscribers.

It is the purpose and intent of this measure to protect the industry and
Promote its growth in order to assure high-quality service to the viewing
public.

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS. )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
Hous@6ill No__709

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

AN ACT
PROHIBITING AND PENALIZING THE PILFERAGE AND THEFT,
UNAUTHORIZED USE, INTER-CONNECTION OR RECEPTION OF ANY
SIGNAL OR SERVICE OFFERED OVER A CABLE TELEVISION (CATV)
OR CABLE INTERNET SYSTEM AND/OR NETWORK OR THROUGH ANY
UNAUTHORIZED INSTALLATION, ACCESS OR CONNECTION THERETO.
THROUGH THE USE OF CABLE OR OTHER EQUIPMENT AND
PRESCRIBING PENALTIES THEREFORE

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

SECTION 1. Short Title - This Act shall be referred to as “The Anti-
Cable Television and Cable Internet Pilferage Act of 2008”

SEC. 2. Declaration of Policy. - It shall be the policy of the State to
protect the general public and legitimate operators of (a) cable television
(CATV) systems and/or networks that secure programming through the
reception of local and foreign satellite, as well as other electromagnetic
signals, and (b) cable internet services that provide access to the worldwide
web through the CATV system/network, from unauthorized connection or
tapping to existing facilities through wired, wireless or electromagnetic means.
Only subscribers duly authorized and/or registered with the CATV and/or
cable Internet service operator shall be allowed to receive any service or

benefit offered and/or operated over a CATV or Internet system/network.


SEC. 3. Definition of Terms. — As used in this Act:

(a) “Cable television (CATV) system/network’ refers to processes and
facilities associated with the delivery of signals and programs provided for by
broadcast television stations, local and foreign satellite program providers or
CATV service operators, through origination, relay and reception of electronic
or control signals of any design wired, wireless, optical or other technological
means for the purpose of providing multiple-channel CATV service to multiple
subscribers within defined service areas.

The term shall also include electronic equipment such as digital or
analog receiver-decoder boxes, set-top and converter boxes as well as, but
not limited to, master antennae television, satellite master antennae
television, direct broadcast satellite, multi-point distribution service, a
television receive-only satellite program distributor and other providers of
video and audio programming, whatever the technology.

(b) Cable internet system/network” refers to processes, including
electronic equipment such as modems, associated for the access of the
worldwide web through the facilities of the CATV system/network.

(©) "Cable television (CATV) service operator’ refers to any person,
natural or juridical, public or private, granted a Certificate of
Authority/Provisional Authority as provided under existing laws, rules and
regulations, to install, operate and maintain a CATV system/network and
service and is actually providing such service to its subscribers.

(a) “Cable internet service operator” refers to any person, natural or
juridical, public or private, which was issued a registration certificate as
provider under existing laws, rules and regulations, to provide and facilitate
access to the worldwide web through a CATV system/network and is actually
providing such service to its subscribers.

SEC. 4. Prohibited Acts - It is hereby declared unlawful for any
person, whether natural or juridical, public or private, to:


{a) Intercept or receive, or assist in intercepting or receiving, any signal
or service offered over CATV and cable internet system/network by tapping,
making or causing to be made any unauthorized connection to existing wired
or wireless facilities with drop, feeder and/or trunk lines, or through the use of
electronic equipment such as digital or analog receiver-decoder boxes, set-
top or converter boxes, modems or any equivalent circumvention devices or
methods that allow for unauthorized access or decoding of unencrypted or
encrypted satellite program signals or other electromagnetic signals, or
unauthorized access into the system/network of the cable internet service
operator, or by the recording, manufacture, distribution, importation or sale of
intercepted or received CATV signals and cable internet service;

(b) Engage in the unauthorized importation, sale, lease, distribution or
possession of electronic equipment such as digital or analog receiver-decoder
boxes, set-top and converter boxes, modem or any equivalent circumvention
devices or methods that allow for unauthorized access or decoding of
unencrypted or encrypted satellite program signals or other electromagnetic
signals, whether local or foreign, or unauthorized access into the
system/network of the cable internet service operator;

(©) Knowingly use or receive any direct or indirect benefit from CATV
and cable Internet service through the commission of any of the preceding
prohibited acts; and

(d) Wantonly, maliciously or willfully damage, destroy or remove CATV
and/or cable Internet facilities and accessories of authorized CATV and cable
Internet service operators resulting into system disruption or network
degradation

SEC. 5. Prima Facie Evidence. ~ The presence of any of the
following circumstances shall constitute prima facie evidence of illegal
tapping, interconnection or reception into the CATV or cable internet
system/network, by the person benefited thereby, and shall be the basis for


(a) the immediate disconnection by the CATV or cable internet service

operator to such person after due notice, (b) the holding of preliminary

investigation by the public prosecutor and the subsequent filling in court of the

pertinent information, and (c) the lifting of any temporary restraining order or
injunction which may have been issued against a CATV or cable internet

operator:

(4).

(2).

(3).

The presence of drop cable, feeder and/ or trunk lines from the
CATV or cable internet system/ network to the structures and
facilities of the unauthorized person which has been confirmed
by the CATV or cable intemet service operator as not being a
duly registered subscriber;

The unauthorized tapping of drop cable, feeder and/ or trunk
lines into the CATV or cable system/network, and/or the
unauthorized installation of electronic equipment such a digital or
analog receiver-decoder boxes, set-top and converter boxes, or
modems, by person not duly authorized by the CATV or cable
internet service operator;

The unauthorized possession and use of electronic equipment
such as digital or analog receiver-decoder boxes, set-top and
converter boxes, or modem used to intercept CATV signals or
access the cable internet system/network and which equipment
have not been duly registered with the CATV or cable internet
service operator or have not been covered by the appropriate
licenses and permits from the proper government regulatory
agency or agencies in accordance with existing laws, rules and
regulations.

SEC. 6. Penalties. - Anyone who willfully violates any provision of this
Act or commits any of the prohibited acts in Section 4 hereof shall be
Punished by imprisonment of not less than two (2) years but not more than
five (5) years, or a fine ranging from Fifty Thousand Pesos (P50, 000.00) to


One Hundred Thousand Pesos (P100, 000.00). or both, at the discretion of
the court

SEC. 7. Information Dissemination. - The National
Telecommunications Commission and the various cable television
Associations of the Philippines shall, in a collective effort, undertake a
vigorous campaign to inform the consuming public of the existence of this Act
within sixty (60) days from its effectivity and at least once a year thereafter.

SEC. 8. Rules and Regulations. - The National Telecommunications
Commission, in consultation with various cable television associations of the
Philippines and other affected parties, shall, within sixty (60) days from the
effectivity of this Act, issue the implementing rules and regulations.

SEC. 9. Recovery of Pilferage Loses. -- Any duly authorized CATV or
cable internet service operator may recover pilferage losses equivalent to at
least one (1) year basic subscription fees presently charged to registered
subscribers of such unauthorized persons found to have committed any of the
herein prohibited acts.

SEC. 10. Repealing Clause. - All other laws, decrees, ordinances,
rules, regulations and other issuances or parts thereof, which are inconsistent
with this Act are hereby repealed.

SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days after

the completion of its publication in the Official Gazette or in any two (2)
national newspapers of general circulation.

Approved,