Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session
House BillNo.__751

INTRODUCED BY REPRESENTATIVE JURDIN JESUS M. ROMUALDO.

EXPLANATORY NOTE

This bill is a refiled measure originally filed by Representative Xavier Jesus D
Romualdo during the 17th and 18th Congresses. It was previously taken up in
Technical Working Group meetings under the Joint Committees on Information
and Communications Technology and Energy, where inputs from various
stakeholders—including pole owners, attaching entities, local government units,
and regulators—were thoroughly considered to improve and refine the proposed
legislation.

Despite the increasing demand for faster and more reliable internet and
telecommunications services, the lack of a clear, uniform policy governing pole
attachments continues to be a major barrier to expansion and service
improvement. Most pole attachments in the country are governed by disparate
bilateral contracts among power utilities, telcos, cable operators, and LGUs,
often leading to inconsistent pricing, protracted negotiations, and, in many
cases, service delays or disruptions.

This measure seeks to institutionalize the regulation of pole attachment fees
and allied costs by establishing a Pole Attachment Board, a specialized
regulatory body tasked to standardize rates and protocols. The Board will
promote transparency, fairness, and competition by adopting a uniform fee
structure based on the average historical industry pricing over the three years
prior to the enactment of this Act, adjusted regularly using current inflation data
and market conditions

The bill recognizes the rights of attaching entities—including internet service
providers, cable operators, and other communications infrastructure firms—to
install equipment such as cables and wires on existing poles However, this right
must be balanced with the right of pole owners—primarily electric distribution
utilities and telecommunications companies—to ensure that attachments meet
established engineering and safety standards. Pole owners retain the authority
to refuse attachments that compromise the structural integrity of their
infrastructure or risk disruption to their own service operations.

By institutionalizing the rates and standards, this measure aims to prevent
arbitrary and excessive pole rental charges, which are often passed on to
consumers through higher subscription fees. It also seeks to resolve the often-
overlapping jurisdiction of national regulators and LGUs—some of which


currently impose their own pole-related fees through local ordinances—by
harmonizing policies and protocols nationwide.

The enactment of this bill will accelerate digital infrastructure rollout, improve
public access to vital services, and support the country’s long-term digital
transformation agenda. In light of these urgent ®pjgetives, the immediate
approval of this proposed measure is earnestly soug|

JURI US M. ROMUALDO


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session
HOUSE BILL NO. _754

INTRODUCED BY REPRESENTATIVE JURDIN JESUS M. ROMUALDO,

AN ACT
MANDATING ALL UTILITY AND TELECOMMUNICATIONS COMPANIES TO
COMPLY WITH THE REGULATIONS ON THE USE OF UTILITY POLES AND FOR
OTHER PURPOSES

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

assembled:

SECTION 1. Short Title. - This Act shall be known as the “Safety Standards of Pole

Structures Act”.

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the Sate to regulate
and ensure the proper use of utility poles, related support structures, and rights of way for the
safe and clear transmission of cable television or telecommunications signals, as well as the
determine the uniform rates, terms, and conditions for the use of these poles and its permissible

attachments.

It is the intent of the State to support the robust growth of the information and
communications industries such as cable television industry, telecommunications industry, and
other allied businesses and the electric distribution utilities and allow these business enterprises

to serve better their clients and offer their services to a wider audience.

‘The State guarantees that that these industries shall comply with existing laws and
policies of government regulators and will adhere to generally accepted and widely accepted
industry standards of safety and technical engineering principles for the utmost safety and benefit
of the general public as well as the safety of tangible assets proximate to these pole structures

and their attachments.

SEC. 3. Definition of Terms. — The following terms are defined, as follows:
(a) Attaching Entity refers to any person, natural or juridical, that makes or maintains a
pole attachment for the transmission of electricity or telecommunications signal

(b) Additional Maintenance Expense refers to the annual cost directly and exclusively


pertaining to preserving the integrity and proper functioning of the pole attachment,

(c) Board refers to the implementing body created under this Act.

(@) Pole Attachment refers to the attachment made by an attaching entity to a pole
owner's utility pole, related support structure or right of way used or useful, in whole or in part,
in the transmission of electricity or telecommunications signal.

(c) Pole Attachment Fee refers to the amount to be paid by the attaching entity to the pole
‘owner in consideration of the pole attachment privilege payable at the end of every quarter of the
year on a per utility pole basis while the attachment is still subsisting and covered by a contract
or memorandum of agreement;

(f) Pole Owner refers to any person, natural or juridical, that owns and/or controls utility
poles, related support structures, or rights way used or useful, in the transmission of electricity,
or telecommunications signals.

(g) Pole Premium refers to the amount, equivalent to Fifteen percent (15%) of the
additional maintenance expense, payable to the pole owner as premium for the pole attachment.

(h) Utility Pole refers to a column or post used to support and carry overhead utility lines

such as electrical cable, coaxial cable, telephone cable, fiber optic cable, and such other similar

cables used to transmit electricity, and telecommunications signals.

SEC. 4. Composition of the Pole Structure Board, Principal Office and Staff. The
Board shall be composed be composed of twelve (12) Members with the Secretary of the
Department of Public Works and Highways (DPWH) as ex-officio Chairperson. The ex-officio

Vice Chairperson shall be the Secretary of the Department of Interior and Local Government

(DILG) and ex officio members: Secretaries of the Department of Energy (DOE) and

Department of Information and Communications Technology (DICT), Commissioner of the
National Telecommunications Commission, Chairperson of the Energy Regulatory Commission

(ERC) and the Administrator of the National Electrification Administration (NEA).

The five members shall be from the representatives of the cable tv industry,
telecommunications industry, internet service provider industry, electric cooperative industry and
private power distribution utilities. Provided, that the industry associations shall submit a list of
three names to represent their industry from which the President of the Philippines shall choose
and appoint their representative to the Board. Provided, further. that the nominees companies
have been in operation for more than five (5) years and is a consistent member of good standing
in the industry. All the chosen industry representatives that will be serving the Board shall have a
term of three years and shall be entitled to per diem consistent with existing government laws

and guidelines.

‘The Secretaries of the DOE, DICT AND Commissioner of NTC, Chairperson of ERC
and Administrator of the NEA shall each designate a permanent representative in the Board, who
must possess relevant experience. The permanent representative shall be duly authorized to act

‘on or behalf of his or her principal in their absence.


‘The Chairperson shall have voting rights in case of a tic. The Board shall appoint a
Board Secretary that will handle among other administrative matters the preparation of

the Agenda of Meetings in consultation and approval of the Chairperson.

‘The Board shall have a coterminous staff consistent with existing organizational
standards and compensation package to assist them in their work and may hold office in the
Department of Interior and Local Government — Central Office for better coordination with the

Members of the Board and various stakeholders.

SEC. 5. Powers of the Board. — The Board shall have the following powers:

1.) To regulate pole attachment fees;

2.) To cause the periodic inspection of pole attachments and determine the integrity of the
pole and attached structures;

3.) To order the removal of dangling wires and cables and limit the allowed attachments
based on the pole weight capacity, pole lifespan, safety, and structural integrity:

4.) To direct the compliance of safety and technical standards by pole owners and pole
attaching entities;

5.) To settle disputes between the pole owner and the attaching entity relating to the
actual number of utility poles utilized, pole attachment fee per annum, and other issues that may
arise in the implementation of this Act and related existing laws and government policies:

6.) To coordinate and collaborate with various government agencies and private sector
entities to fully implement a harmonize pole fee scheme to avoid additional fees and rates from
these agencies which can further burden pole owners and pole attaching agencies;

7.) To impose penalties for non-compliance with any provisions of this Act and its
implementing rules and regulations; and

8.) To perform such act as necessary and consistent with thiy Act for better

implementation.

SEC. 6. Formula for the Pole Attachment Fee. — The pole attachment fee shall be based
on a formula adopted the Board taking into account and reference the average industry pricing
standards and current inflationary data in the past three (3) years from the approval of this Act.
This amount shall be subject to review after two (2) years from the approval of this Act and
thereafter updated taking into account industry sentiments and factoring inflationary settings.
Provided, that the pole premium is peg at 10% of the additional maintenance fee which will be
uniformly imposed to all pole owners and pole attaching entities and shall be adjusted by the

Board every three (3) years from the approval of this Act.
Provided, however, that the pole owner or the attaching entity, may dispute before the
Board the said amount and rates by presenting sufficient and competent evidence. The Board

shall issue the appropriate fees to guide all stakeholders and duly published in their website.

‘The final number of utility poles considered and computed for collection of pole


attachment fees shall be number of utility poles validly occupied and used with attachments by
the attaching agency excluding validly denied pole attachments by the pole owners. Any dispute
relating to the actual number of utility poles for which pole attachment fees are payable may be

brought before the Board.

SEC. 7. Nondiscriminatory Access. — A pole owner shall provide and maintain
nondiscriminatory access to all utility poles and related support structures under its ownership
and its corresponding rights of way in exchange for the payment « pole attachment fee based on
uniform standards applicable to all attaching entities, including its own affiliates or subsidiaries.
For this purpose, the pole owner shall submit to the Board a copy of all pole attachment contracts

it has entered into to determine compliance with the provisions of this Act.

Provided, that, a pole owner may validly deny in writing a pole attachment requestor
application to its utility pole or related support structure based on standards of safety, industry
practices or generally accepted technical engineering principles. Provided further, that in case a
pole owner validly denies a pole attachment, or removes the same due to an emergency or related
nature and thereafter, the reason for such denial or removal ceases to exist, or in the event
additional capacity becomes available for a pole attachment, the pole owner shall be bound to
offer such additional capacity to the previous attaching entity prior to offering it to other

interested applicants or to the one affected by such denial or refusal.

Provided, furthermore, that pole owners shall issue a written notice to the attaching entity
or entities of any removal of its attachments that are not due to an emergency citing valid reasons
thereto, The attaching agency shall be given a period of five (5) days to remove their pole

attachments upon receipt of the written notification.

SEC. 8. Rights and Responsibilities of the Pole Owner and the Attaching Entities ~The
pole owners and the attaching entities shall have the following additional rights and
responsibilities:

(a) Attaching entities shall, at their expense, may modify and remove pole attachments
with sufficient notification and coordination to the pole owner so as not to affect the services of
the pole owner to their clients and ensure the safety of its pole structures.

They shall make, modify and remove the pole attachments in a manner that preserves the
integrity and proper functioning of the utility poles, related support structures and rights of way.

(b) Pole owners shall be responsible for the maintenance, replacement of the rights of
way, utility poles, and related support structures and shall ensure the integrity and proper
functioning of the pole attachments.

(c) Both the attaching entities and the pole owners shall ensure the proper bundling and
installation and maintenance of the cables to prevent them from dangling. Within 5 days from
notice from the Board, the attaching entities or owners of the cable lines shall fix or remove the
dangling wires identified by the Board.

(d) Pole owners and attaching entities shall ensure to maintain and adhere to the safety


standards and proper usage of pole structures depending on its kind, description, and capacity
limit including location.

(e) Both the attaching entities and the pole owners shall maintain qualified personnel that
will be responsible for the inspection, maintenance and repair of these pole structures and
attachments to ensure that damages to the pole structures and their attachments can be properly

fixed, repaired or replaced with dispatch for the safety of the general public.

SEC. 9. Non-availability of Utility Poles, Related Support Structures and Rights of

Way — In case utility poles, related support structures and/or rights of way used or useful, in

whole or in part, in the transmission of TV or telecommunications signals are not available for
attachment, legitimate cable TV operators and telecommunications companies shall have the
option to secure and use their own utility poles provided the following requirements are
complied with:

(a) That the said utility poles, related support structures and rights of way shall be secured
and used by legitimate cable TV operators and telecommunications companies at their own cost
and responsibility including proper maintenance;

(b) That the said utility poles, related support structures and rights of way shall be
secured and inspected with due reference to the recognized standards of safety, industry practices
and generally accepted technical engineering principles

(c) That the said utility poles, related support structures and rights of way shall be

covered by the same pole attachment rules and regulations of this Act.

SEC. 10. Penalty for Violation. — A fine of not less than Two hundred thousand pesos
(P200,000.00) but not more than Five hundred thousand pesos (P 500,000.00) shall be imposed
for non-compliance of any provision of this Act by erring pole owners or pole attaching
agencies, or third party providers or juridical entities.

Unpaid fines for two (2) consecutive violations despite due notice shall be a ground for

the cancellation or revocation of the business permits and licenses to operate of pole owner and
pole attachment entities.
The Board may direct the filing of appropriate cases for noncompliance and disregard of

their order despite observance of due process and proper notification

SEC. 11. Implementing Rules and Regulations. — Within sixty (60) days from the
effectivity of this Act, the Secretaries of DPWH, DILG, DICT. DOE, the Commissioner of NTC,
the Chairperson of the ERC and Administrator of NEA or their authorized representatives

preferably their Undersecretaries or of equivalent rank in consultation with industry stakeholders

shall draft and implement the rules and regulations of this Act

SEC. 12. Appropriations — The amount necessary to carry out the provisions of this Act
shall be provided in the General Appropriations Act of the year of its enactment into law.
Thereafter, the expenses for its continued implementation shall be included in the subsequent

General Appropriations Act.


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SEC. 13. Transitory Provision. — Pertinent acts and contracts entered into prior to the
effectivity of this shall be governed by the law in force at the time of their execution or
perfection, as the case may be: Provided, that any revocation, modification, or novation made

after the effectivity of this Act shall be subject to the provisions of this Act.

SEC. 14. Separability Clause. — If any provision or part of this Act is declared invalid
or unconstitutional, all other provisions not affected thereby shail remain in full force and in

effect.

SEC. 15. Repealing Clause. — All laws, decrees, executive orders and issuances,

proclamations

rules and regulations,

and other issuances or parts thereof that are inconsistent

with the provisions of this Act are hereby repealed or modified accordingly

SEC. 16, Effectivity. — This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or a newspaper of general circulation.

Approved.