NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
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SENATE
S.B. No. 183
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•22 JUL-7 P4 35
RliCEiVED BY:
Introduced by SENATOR IMEE R. MARCOS
AN ACT
PROMOTING OPEN ACCESS IN INTERNET SERVICES AND FOR OTHER
PURPOSES
EXPLANATORY NOTE
Article II Section 24 states that ""the State recognizes the vital role of 
communication and information in nation-building."
Despite continued improvements, Internet in the Philippines continues to be 
slower, more expensive, and less accessible compared to peers In the region and 
around the world. The Philippines has the second-most expensive internet service in 
the ASEAN, with the price of internet service In neighboring countries going down. This 
is reflected in the continuous slide down of the ranking of the country in the Alliance 
for Affordable Internet's (A4AI) Affordability Drivers Index. As a result of the poor and 
low-quality access to Internet among many, especially in the countryside, Filipinos are 
the slowest adopter of e-commerce in Southeast Asia.
The poor state of Internet connectivity has also significantly affected the growth 
and global competitiveness of the Philippines'digital firms. World Bank's 2022 Philippine 
Economic Update reports that the number of digital firms in the country that use ICT 
for back-end systems for better productivity trail that of Vietnam, Malaysia, and 
Cambodia.
The country's problem is rooted in the poor state of Internet infrastructure - a 
product of a market where barriers to entry remain high and inefficiencies In network 
rollout continue to stunt the development of the digital infrastructure.
With the COVID-19 pandemic thrusting socio-economic life in the digital age, it 
is high time to adopt a framework that will pull the country out of the analog era and 
away from outdated policy and regulations. Under these outdated rules, Filipinos have 
little to no access to the variety of Internet technologies and services available today. 
A change in the legal framework is necessary to empower different types of Internet
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service providers, and address what the World Bank has described as "'market failures 
in the provision of digital infrastructure."
The legal framework proposed in this bill will improve competition and 
encourage a diversity of technologies and business models for Internet access and 
services. Open access will simplify the entry of industry players and empower even 
small service providers to build and operate their own networks, complementing 
existing infrastructure of network providers to reach almost half of the population living 
in the rural areas.
This measure seeks to provide an expedited administrative process for the 
qualification and registration of Internet network and service providers, encourage 
infrastructure sharing and efficient deployment of Internet infrastructure, promote the 
rights of end users and provide protections and recourse to consumers; and clarify 
responsibilities and of the Department of Information and Communications Technology 
(DICT) and National Telecommunications Commission (NTC). Doing so will improve the 
level of competition and competitiveness of the industry by lowering barriers of entry, 
establishing minimum standards for end-use and provide an updated regulatory 
framework for the industry.
As the world continues inexorably toward a digital future, this bill is an essential 
step to bringing all Filipinos online and transforming the country into a truly connected 
and globally competitive economy.
For the foregoing reasons, the passage of this bill is earnestly sought.
IMEE R. MARCQ


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
S.B. No.
SENATE
183
Cf tl:!'
■22 JUL-7 P4 35
RlTfciVEDBi.
Introduced by SENATOR IMEE R. MARCOS
AN ACT
PROMOTING OPEN ACCESS IN INTERNET SERVICES AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
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CHAPTER I
Introductory Provisions
SECTION 1. Short Title. -This Act shall be known as the '"Open Access in Internet 
Services Act".
SEC. 2. Declaration of Policy. - It is the policy of the State to narrow the digital 
divide in the country by encouraging the development of digital infrastructure, 
particularly the Internet, as the foundation of the country's digital transformation. It 
shall promote the construction and development of reliable, affordable, secure, open 
and accessible Internet networks, especially in the unserved and underserved areas. 
Moreover, the State shall remove barriers to competition in the provision of Internet 
services and create an entrepreneurial ecosystem where persons who wish to engage 
in the Internet service industry can compete openly and freely in the spirit of fair 
competition and permission-less innovation. The State shall promulgate policies that


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require Internet networks to adhere to globally competitive standards for speed and 
quality.
SEC. 3. Definition of Terms. - As used in this Act:
(a) Basic telephone service refers to the local exchange telephone service for 
residence and business establishments provided via the circuit switched telephone 
network;
(b) Cellular Mobile Telephone Service (CMTS) refers to the wide area mobile radio 
telephone system with its own switch, base stations and transmission facilities capable 
of providing high capacity mobile telecommunications by utilizing radio frequencies;
(c) Content refers to, among others, texts, images, audios, videos, and animations 
that are carried over the Internet network;
(d) International gateway or cable landing station refers to a segment of the 
Internet network that consists of any facility that provides an interface to send and 
receive Internet traffic between one country's domestic network facilities and those in 
another country;
(e) Internet is a global network connecting computers and electronic devices that 
allows people to access and share information and communicate from anywhere with 
an Internet service;
(f) Internet access refers to the ability of individuals, households, and organizations 
to connect to the Internet using any connection method or technology;
(g) Internet network refers to any and all types of facilities, equipment, or 
Infrastructure for the construction, propagation, administration, operation, and/or


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maintenance of a network for Internet connectivity using any technologies, devices, 
and equipment, as well as their accessions and accessories. The Internet network is 
composed of various interconnected segments, which are interconnected in order to 
provide Internet service to the end user;
(h) Internet service refers to a service that provides a means for accessing or using 
the Internet over any connection method or technology. Internet service can refer to 
the provision of: (1) Internet network service or (2) Internet access service.
(i) Internet service provider (ISP) refers to any person, firm, partnership or 
corporation, government or private, engaged in the provision of Internet services. An 
ISP can provide an Internet network service and/or Internet access service;
(j) Passive infrastructure collectively refers to towers, poles, cable entrances, ducts, 
dark fiber, utility corridors, and any other non-electronic infrastructure and facilities, 
either existing or to be deployed in the future, that may be used to support Internet 
services. Passive infrastructure is a component of the Internet network; and
(k) Peering refers to a process where Internet networks connect directly and 
exchange traffic between their users, mostly on a settlement-free basis where neither 
ISP pays for the exchange. Peering can be done through an Internet exchange point 
(IXP).
CHAPTER II
Organization and Operation of the Internet Service Industry
SEC. 4. Scope. - This Act applies to any person or entity who participates in the 
Internet service industry. Any person or entity whose business deals with the provision 
of Internet network and Internet access services, shall be governed by the provisions 
of this Act. PTEs that are principally engaged In the provision of basic telephone


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services, such as an international carrier, interexchange carrier, local exchange
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operator, and mobile radio or cellular mobile telephone service (CMTS) provider, as
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defined in the Public Telecommunications Policy Act of the Philippines or Republic Act
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No. 7925, and which also provide Internet services, shall likewise be subject to the
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provisions of this Act with respect to the Internet services they provide and the
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interconnection to their networks that they extend to the participants of the Internet
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service industry.
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SEC. 5. Registration and Certification. - All segments of the Internet network shall 
be competitive and open. Notwithstanding the provisions of this Act or any other law, 
the following registration and certification shall apply to the Internet service industry:
(a) All Internet service providers (ISP) shall be required to register with the National 
Telecommunications Commission (NTC);
(b) ISPs who wish to offer Internet network services shall apply and submit their 
network plans to the NTC who shall act upon the application within sixty (60) 
days from the receipt thereof; and
(c) ISPs shall be required to comply with globally accepted minimum information 
security standards, as prescribed by the Department of Information and 
Communications Technology (DICT).
CHAPTER III
Regulation of the Internet Service Industry
SEC. 6. Open Access Approach to the Regulation of the Internet Service Industry. 
— The DICT shall be principally responsible for promulgating policies that shall be the 
basis for the regulation of the Internet service industry. The NTC shall be charged with 
implementing the policies of the DICT, maintaining the registry of ISPs, and handling 
complaints for violations of this Act.


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SEC 7. Mandate of the DICT for the Development of the Internet Service Industry.
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-The DICT shall:
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(a) Be responsible for policy and standard-setting that will promote the development
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and propagation of Internet services, especially in the underserved and unserved areas;
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(b) Require the NTC to provide for an efficient and speedy administrative process in
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the registration of ISPs and to publish an updated database of registered ISPs annually,
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which shall include the exact location, ownership, technical specifications, and other
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relevant information about the ISP's facility. This database may be made available to
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Interested parties via a Freedom of Information request;
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(c) Develop a set of criteria for qualifying ISPs that will encourage the widest
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possible participation of as many industry players as possible who will build, operate,
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and offer Internet services in all segments of the network and to end-users in different
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parts of the country;
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(d) Require the NTC to publish on its website an updated list of resources that can
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support the development of Internet networks, the National Radio Frequency Allocation
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Table (NRFAT) with the frequency assignments;
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(e) Adopt a technology-neutral framework that allows ISPs to use any technology,
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whether existing today or available in the future, for providing Internet service;
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(f) Mandate transparency in pricing and the publication of pricing information of
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ISPs to ensure fair trading within and between each Internet network segment so as
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to allow clear, comparative information on market prices and services;
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(g) Promote peering so that ISPs can connect to each other at the various segments
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and interfaces, preferably through a carrier-neutral Internet exchange point (IXP);
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(h) Promulgate policies that will encourage distributed local solutions rather than
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centralized ones, encouraging services that are closer to the user;
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(i) Promulgate, together with the Philippine Competition Commission (PCC), rules
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promoting fair and open competition and defining and regulating entities with
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substantial market power. The PCC and the DICT shall ensure that the principles and
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policies enshrined under the Philippine Competition Act are strictly adhered to in the


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Internet services industry. The PCC and the NTC shall ensure that all industry players 
observe fair, reasonable, and nondiscriminatory treatment in all their dealings, and that 
barriers to entry are eliminated to make the industry highly competitive. To this end, 
within thirty (30) days from the effectivity of this Act, the PCC and the DICT shall enter 
into an agreement to foster and develop interagency cooperation mechanisms, 
including information-sharing tools, that guide them in the performance of their 
respective mandates, and in the promotion of fair competition in the Internet service 
industry.
(j) Promulgate, together with the Anti-Red Tape Authority (ARTA) and other 
relevant government agencies, rules, policies, and regulations that mandate the 
streamlining and fast-tracking of the approval process by national government 
agencies, local government units, homeowners' associations, and premises and estate 
management, such as building administrators and estate managers for permits, 
registrations, forms, certificates, requests or other requirements for the installation and 
deployment of Internet networks, including passive infrastructure for various types of 
networks, in accordance with the provisions of Republic Act No, 11032 also known as 
the Ease of Doing Business Act, or its amendments or future iterations.
SEC. 8. Setting Performance Standards. - The DICT, in coordination with the NTC, 
shall prescribe performance standards for ISPs, after public consultation and hearings 
within six (6) months from the effectivity of this Act. It shall review and at least once a 
year and as necessary upgrade performance standards imposed on the Internet service 
industry to ensure that performance standards, at a minimum, be at par with service 
levels established in regional Internet service performance Indices and aligned with 
international best practices. Such standards shall take Into account service availability, 
speed, 
packet 
loss, 
jitter, 
and 
latency.
SEC. 9. Infrastructure Sharing, Right of Way, and Co-location. - The DICT, in 
coordination with the NTC, ARTA, the Department of Public Works and Highways


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(DPWH), and other relevant government agencies, and after consultation with 
stakeholders, shall within one hundred eighty (180) days from the effectivity of this 
Act, promulgate policies, rules, and regulations to ensure that passive infrastructure, 
whether existing or built in the future, necessary or capable of supporting Internet 
networks or services are:
(a) made mandatory for open access and made available for co-location and co-use 
by the owner of network facilities, equipment, and infrastructure on an open, fair, and 
nondiscriminatory basis to any access seeker's network facilities, in any segment, 
subject to the technical feasibility of the access seeker's request and the network facility 
and infrastructure owner's standard published offer terms, conditions, and rates.
(b) built not only in the city centers, but most especially in the remote, unserved, 
and underserved areas in order for both existing and new players to extend Internet 
services throughout the country;
(c) as far as possible, deployed together with roadworks, pipe-laying, and other 
infrastructure development by both government and private entities; and
(d) proliferated in the most cost-efficient and timely manner through various means, 
including, encouraging the operation of independent entities that build and operate 
towers, dark fiber, and utility corridors, among other passive infrastructure that help 
facilitate Internet network deployment.
For purposes of Internet services, the NTC shall, in case of a dispute arising from 
an infrastructure-sharing agreement: (1) mediate between an ISP and an infrastructure 
owner, and (2) serve as the primary enforcer of this provision.
The DICT, in coordination with the PCC, shall ensure a level-playing field and price 
nondiscrimination among ISPs and network facility and infrastructure owners.
The DICT, in coordination with the NTC, shall promulgate policies, rules, and 
regulations to ensure that buildings, condominiums, villages, towns, and subdivisions


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are all built with facilities, such as cable entrances, ducts, and risers, that allow 
nondiscriminatory access to multiple Internet service industry players in order for them 
to provide service.
The DICT, in coordination with NTC and relevant government agencies, shall ensure 
the disaster resiliency and ease of recovery and restoration of passive infrastructure, 
such as towers, poles, and utility corridors, from the effects of disasters by strictly 
enforcing compliance with internationally-accepted engineering standards and best 
practices, and relevant engineering codes and codes of practice.
CHAPTER IV 
Prohibited Acts
SEC. 10. Prohibited Acts. - The following acts shall be prohibited:
(a) Refusai to Piug and Piay. - Any ISP, insofar as such person is so engaged, 
shall not refuse access to infrastructure to any other ISP, except for failure to pay open 
market fees for the access to the service. ISPs shall not Impede the end-user's right to 
access and distribute information and content, use and provide applications and 
services and use terminal equipment of their choice, regardless of the end user's or 
provider's location or the location, origin or destination of the information, content, 
application or service via their Internet service.
Agreements between ISPs and end users on commercial and technical conditions 
and the characteristics of Internet access services such as price, data volume or speed, 
and any commercial practices conducted by Internet access service providers shall not 
limit the exercise of the rights of end users laid down in the preceding paragraph;


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(b) Throttling. - An ISP shall treat all traffic equally when providing Internet 
access services without discrimination, restriction or interference, regardless of the 
sender and receiver, the content accessed or distributed, the applications or services 
used or provided, or the terminal equipment used.
It shall be prohibited for an ISP to hinder or slow down services or applications or 
access to specific sites in the Internet except where (1) access to such sites, services 
or applications are prohibited by law; (2) it is necessary to preserve the integrity and 
security of the network and service of the provider or the equipment of the end user: 
Provided, That if the breach of integrity or security is caused by the equipment of the 
end user, the provider has to notify the end user first and give the former sufficient 
time to rectify the situation; and (3) it is necessary to block the transmission of 
unwanted communications such as spam and child pornographic materials upon the 
complaint of the end user or the ISP;
(c) Refusal to Give Information. - It shall be prohibited for any ISP, including 
PTEs with regard to Its network and facilities, to refuse or fail to make available on a 
timely basis, to the other ISPs who interconnect with or get bandwidth from them, the 
technical information about their essential facilities or network facilities and 
commercially relevant information that are necessary for the efficient provision of 
services; and
(d) Anti-Competitive Cross-Subsidization. - ISPs shall maintain separate books 
of accounts between different Internet network segments in order to allow 
identification of costs and revenues for each segment. Any violation of this provision 
shall give rise to a presumption of anti-competitive cross-subsidization, which shall then 
be referred to the PCC for proper determination and action. In accordance with the 
provisions of Republic Act No. 10667 also known as the Philippine Competition Act.


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Nothing herein shall prevent interconnecting networks from charging the appropriate 
cost-based compensation for the use of interconnection facilities.
SEC. 11. Administrative Penalties. - Any person who fails to comply with the 
provisions of this Act shall be imposed a fine of not less than one hundred thousand 
pesos (PlOO,000.00) nor more than five million pesos (Php 5,000,000.00) per day. 
Provided, that if the ISP has a gross annual income which does not exceed ten million 
pesos (Php 10,000,000.00), the penalty imposed shall be equivalent to one percent 
(1%) to two percent (2%) of its gross annual Income.
SEC. 12. Adjustment for Inflation. - The fines imposed under this Act shall be 
adjusted by the NTC, year-on-year, considering the prevailing cost of money based on 
the current consumer price index, and subject to publication of such adjustments.
CHAPTER V
Rights of Internet Service Users and Responsibilities of 
Internet Service Providers
SEC. 13. Rights of End Users. - The user of Internet services shall have the 
following basic rights:
(a) To be entitled to Internet services which is nondiscriminatory, reliable, and 
conforming with minimum standards set by the DICT and enforced by the NTC;
(b) To be rendered Internet services within two (2) months from application of 
service;
(c) Regular, timely and accurate billing, courteous and efficient service at business 
offices and online platforms, and by company personnel and contractors;
(d) Timely correction of errors in billing and prepaid load credits and the immediate 
provision of rebates or refunds by the ISP without the need for demand by the user; 
and
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(e) Thorough and prompt investigation of, and action upon complaints. The ISP 
shall endeavor to allow complaints to be received by any means convenient to the end 
user, including voice calls, post, short messaging service (SMS), Instant messaging 
apps, and online communication, and shall keep a record of all complaints received and 
the action taken to address the complaints.
Subject to the filing of a formal request to the ISP, a user may request the 
immediate termination of service without the imposition of fees or penalties, and with 
the refund of any fee or charge already paid by the user, should a data service provider 
not consistently comply with paragraphs (a), (d), and (e) of this section or any other 
minimum performance standards set by the DICT and enforced by the NTC.
CHAPTER VI 
Final Provisions
SEC. 14. Implementing Rules and Regulations. — Within sixty (60) days from the 
effectivity of this Act, the DICT, in coordination with the NTC, shall promulgate the 
necessary rules and regulations for its effective implementation.
SEC. 15. Separability Clause. - Should any provision herein be declared 
unconstitutional, the other provisions not affected shall remain in full force and effect.
SEC. 16. Repealing Clause. - All laws, decrees, orders, rules and regulations or 
other issuances or parts inconsistent with the provisions of this Act are hereby repealed, 
amended or modified accordingly.
Sec. 17. Effectivity. - This Act shall take effect fifteen (15) days after its publication 
in the Official Gazette or in a newspaper of general circulation.
Approved,
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