Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No.___
Introduced by Rep. BERNADETTE "BH" HERRERA-DY
AN ACT CREATING THE TELECOMMUNICATIONS RELAY SYSTEM FOR PERSONS
WITH HEARING DISABILITIES AND PERSONS WITH SPEECH DISABILITIES AND
FOR OTHER PURPOSES
EXPLANATORY NOTE
A significant portion of the Filipino population has hearing or speech disabilities, including
dual sensory disabilities. In the most recent nationwide survey on hearing disability and ear
disorders conducted by Better Hearing Philippines, Inc., the prevalence of hearing disability was
established at 8.8%, and hearing loss or impairment at 28%. Meanwhile, a general survey on
disability by the Department of Health and the University of the Philippines pegs the prevalence
of speaking disability at about a third (1/3) of the percentage of hearing disability. These
numbers are expected to increase as the growth rate of the elderly population continue to
increase.
These disabilities render normal telecommunications services useless without additional
specialized devices, many of which are cost prohibitive for end-users. The telecommunications
system is intended to provide access to a basic communications network between all persons,
yet, many persons with hearing disabilities or speech disabilities currently have no access to the
basic telecommunications system. Furthermore, persons who not have a hearing disability or
speech disability are generally excluded from access to the basic telecommunication system to
communicate with persons who have hearing disability or speech disability without the use of
specialized telecommunications devices.
Republic Act 7277, Section 23, began to recognize this need by encouraging telephone
providers to install devises to assist the hearing disabled, however with the advancements in
telecommunications relay service technology and the multitude of disabilities that affect a user's
ability to access the telecommunications system, more robust guidance is needed to adequately
serve the hearing and speech disabled population. Moreover, creating a firm requirement to
provide these services will ensure to the greatest extent possible that the needs of the hearing
and speech disabled are met.
July 5, 2022
3:43 pm
1235


There additionally exists a need for a telecommunications relay system whereby the cost
for access to basic telecommunications services for persons who have a hearing disability or
speech disability is no greater than the amount paid by other telecommunications customers.
Telecommunications services provide a rapid and essential communications link among the
general public and with essential offices and organizations such as police, fire and medical
facilities. Therefore, all persons should have basic telecommunications services available to them
at reasonable and affordable costs.
It is the declared purpose of this Act to establish a system whereby Filipinos who
are hearing disabled, speech disabled, or dual sensory disabled have access to basic
telecommunications
services
at
a
cost
no
greater
than
that
paid
by
other
telecommunications
services
customers,
and
whereby
the
cost
of
specialized
telecommunications equipment necessary to ensure that citizens who are hearing
disabled,
speech
disabled
or
dual
sensory
disabled
have
access
to
basic
telecommunications relay services is borne by all the telecommunications customers of
the State.
Communications is an essential human need and, therefore, a basic human right. Without
it, no individual or community can exist or prosper. Communication strengthens human dignity
and validates human equality. As policy makers, it is our responsibility to give way that Filipinos
enjoy the benefit of this right by promoting the ability of all Filipinos to access the basic
communications networks. Hence, the urgent approval of this bill is eanestly sought.
BERNADETTE HERRERA-DY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No.____
Introduced by Rep. BERNADETTE "BH" HERRERA-DY
AN ACT CREATING THE TELECOMMUNICATIONS RELAY SYSTEM FOR PERSONS WITH
HEARING DISABILITIES AND PERSONS WITH SPEECH DISABILITIES AND FOR OTHER
PURPOSES
CHAPTER 1- GENERAL PROVISIONS
SECTION 1. Short Title. — This Act shall be known as the "Telecommunications
Relay System Act of 2019."
SEC. 2. Declaration of National Policy. — It is hereby declared the policy of the State
to
recognize, protect, realize and enhance the right of Filipinos with hearing
disabilities,
speech
disabilities
and
dual
sensory
disabilities
to
basic
telecommunications services as essential to the full enjoyment of life and all
human rights.
In the pursuit of this Policy, this Act shall have the following objectives:
a) To establish a telecommunications relay system to provide equitable
basic access to telecommunications network for persons with hearing
disabilities speech disabilities or dual sensory disabilities.
b) To establish a telecommunications relay system that ensure that users of
telecommunications relay services pay rates no greater than the rates paid
by nondisabled customers for functionally equivalent telecommunications
services.
c) To establish a telecommunications relay system that uses-of-the-art
technology
for
specialized
telecommunications
devices
and
telecommunications relay services and encourages the incorporation of
new developments in technology, to the extent that it has demonstrated
1235


benefits consistent with the intent of this Act and is in the best interest of
individuals residing in this State.
d) To establish a telecommunications relay system that is as cost efficient
as possible without diminishing the effectiveness or the quality of the
system.
e) To ensure that the total cost of providing telecommunications relay
services and distributing specialized telecommunications devices be spread
equitably among and collected from customers of all common carrier
telecommunications companies.
SEC. 3. Definition of Terms. —As used under this Act, the following words or terms shall
have the following meaning:
a) "Common carrier" or "carrier" shall refer to any common carrier engaged in
communication by wire, radio, or Internet.
b)
"Telecommunications
relay
services"
shall
refer
to
any
telecommunications
transmission services that allow a person who has a hearing or speech disability, or dual
sensory disability, to communicate by wire, radio or Intemet in a manner that is functionally
equivalent to 1 the ability of a person who does not have such disability. Such term shall include
any service 2 that enables two-way communication between a person who uses a
telecommunications device 3 or other non-voice terminal device and a person who does not
use such a device.
SEC. 4. Availability of telecommunications relay services. — In order to carry out the purposes
established under Republic Act 7277 and to make available to all individuals in the Philippines a
rapid, efficient nationwide communication service, and to increase the utility of
telecommunications services in the Philippines, the national Telecommunications Commission
(NTC) shall ensure that telecommunications relay services are available, to the extent possible
and in the most efficient manner, to persons with hearing disabilities, persons with hearing
disabilities, persons with speech disabilities, and persons with dual sensory disabilities in the
Philippines.
SEC. 5. Provision of services. — Each common carrier shall, not later than 3 years after
the enactment of this Act, provide in compliance with the regulations prescribed in Section 6,
throughout the area in which it offers service, telecommunications relay services, individually,
through designees, through a competitively selected vendor, or in concert with other carriers.
CHAPTER 2 - REGULATIONS
SEC. 6. Regulations. — The NTC shall, not later than 1 year after the enactment of this
Act, prescribe regulations to implement this Section, including regulations that:


a) Establish functional requirements, guidelines and operations procedures
telecommunications relay services;
b) Establish minimum standards that shall be met in carrying out Section 5 of
this Act; 22
c) Require that telecommunications relay services operate seven (7) days a
week for twenty-four (24) hours per day;
d) Require that telecommunications relay services provide for the automatic
and immediate handling of emergency calls;
e) Require that telecommunications relay service conversations must be
relayed in real time;
f) Require that common carriers must answer all incoming telecommunications
relay service requests within a reasonable time period;
g) Require that common carriers must make best efforts to accommodate the
requested gender of the relay operator;
h) Require that users of telecommunications relay services pay rates no greater
than the rates paid for functionally equivalent communications services with
respect to such factors as the duration of the communication, the time of the
day, and the distance from point of origination to point of termination;
i) Prohibit relay operators from failing to fulfill the obligations of common
carriers by refusing communications or limiting the length of communications
that use telecommunications relay services;
j) Prohibit relay operators from disclosing the content of any relayed
conversation and from keeping records of the content of any such conversation
beyond the duration of the communication; and
k) Prohibit relay operators from intentionally altering a relayed conversation.
SEC. 7. Technology. — The NTC shall ensure that regulations prescribed to implement this
section encourage the use of existing technology and do not discourage impair the
development of improved technology.
SEC. 8. Recovery of costs. — The NTC shall establish a rate for each subscriber line of a
carrier to allow the carrier to recover costs incurred under this Act and may waive the costs
assessed under this Act to persons with hearing disabilities, persons with speech disabilities and
persons with dual sensory disabilities. The rate established by the NTC under this Section may
be assessed as a line item on an end-user's bill. A portion of this rate may be remitted to the
NTC and allocated to a telecommunications relay system, fund (TRS fund) to offset
administrative costs in the management of the telecommunications relay system, including the
certification and revocation procedures outlined in Sections 10 and 11. In establishing the rates
under this Act, including the formula for the amounts to be remitted to the NTC and the TRS
fund, the NTC shall be guided by best practices and the deployment of empirical methods with


the aim of sustaining 11 the long-term viability of the telecommunications sector and the
welfare of its end users at large.
SEC. 9. Review of rate. — The N TC annually shall review the rate established in Section 8,
including the remittance portion, and may make adjustments to the rate and remittance portion
to ensure full recovery of costs for the carrier and adequate resources for the TRS fund, with
the fund balance not to exceed six months of projected expenses.
SEC. 10. Certification. — Each common carrier shall submit to the NTC a description of
the program for implementing telecommunications relay services. After review of such
documentation, the NTC shall certify the program if the NTC determines that the program
makes available to hearing disabled, speech disabled, and dual sensory disabled individuals,
either individually, through designees, through a competitively selected vendor, or in concert
with other carriers telecommunications relay services in a manner that meets or exceeds the
requirements of regulations prescribed by the NTC under Section 6 of this Act.
SEC. 11. Revocation of certification. — The NTC may suspend or revoke such
certification, if after notice and opportunity for hearing, the NTC determines that such
certification is no longer warranted. When a program has been suspended or revoked, the NTC
shall take such steps as may be necessary, consistent with this Section, to ensure continuity of
telecommunications relay services.
CHAPTER 3 - MISCELLANEOUS PROVISIONS
SEC. 12. Enforcement. — The NTC shall enforce this Act. Any complaints alleging violations
of this Act shall be filed with the NTC and shall be subject to its implementing rules and
regulations as well as the Rules of Court in case of appeal.
SEC. 13. Severability Clause. — In the event that any provision of this Act is declared
unconstitutional, invalid or illegal, the constitutionality, validity or legality of the remainder of
the provisions of this Act shall not be affected thereby.
SEC. 14. Repealing Clause. — All laws, presidential decrees, letters of instructions, executive
orders, administrative orders, rules, regulations and other issuances or parts thereof which are
contrary to or inconsistent with the provisions of this Act are hereby revoked, repealed or
modified accordingly.
SEC. 15. Effectivity. — This Act shall take effect within fifteen (15) days following the
completion of its publication in any two (2) national newspapers of general circulation.
Approved,