Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HouseBillNo.     1t£15
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Introduced by Representative Luis N. Campos, ]r.
EXPLANATORY NOTE
The Constitution recognizes the vital role communication and information in
nation building (Article 11, Section 24) as well as the authority of the State to regulate
and promote the adaptation of technology for the national benefit (Article XIV, Section
10). While heavily considering the right to internet access as a fundamental human
right, the United Nations admit that certain declared universal human rights such as
education necessitate internet access.
In the Phinppines, not ordy our students need reliable internet to continue their
education. Businesses require internet for continued operations, delivery services that
facilitate working from home require the internet for navigation and coordination, and
communicationapplicationswhichfacilitaterealtimecommunicationandcoordination
to entire groups of people require reHable internet. Even government services require
the internet to continue operations during this pandemic. In Makati, the Makatizen
application which provides an array of government services from grocery delivery to
help hotlines runs on an internet-based platform.
This bill which has already undergone technical  discussion in the House  of
Representatives'  Committee  on  Information  and  Communications  Technology  is
refilled to continue the pursuit of reliable internet. This is done by empowering the
National Telecommunications Commission to consider the internet as a basic service
within    their    regulatory    mandate    under    the    Department    of    Information,
Communication, and Technology. This bill ensures that every Filipino has the right to
affordable   and  reriable  telecommunication  service  which  sham  include  internet
connections.
In line with the foregoing the passage of this bill is earnestly sought.
LUIS N. CAMPOS, ]R


Republic of the Phihippines
HOUSE 0F REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HouseBfl|No.    1'rj£15
Introduced by Representative Luis N. Campos, Jr.
AN ACT
AMENDING  THE  poi^rERS  oF  THE  NATloNAL  TELECoMMUNICATloNS
COMMISSION     AND     CLASSIFYING     THE     INTERNET     AS     A     BASIC
TELECOMMUNICATI0N     SERVICE,     AMENDING     FOR     THE     PURPOSE
REPUBLIC    ACT    NO.    7925,    OTHERVISE    KNOWN    AS    THE    PUBLIC
TELECOMMUNICATIONS POLICY ACT 0F THE PHILIPPINES
Be it enacted by the Senate and House Of Rapresentatives Of the Philippines in Congress
assembled:
1                   SECTION 1.  Section 3 of Republic  Act 7925,  otherwise  known as the  ``Public
2      Telecommunications Policy Act of the  Philippines", is hereby amended to  read  as
3      follows :
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"Sec. 3. Definitions and Interpretations.   - For p`ixposes of this  Act, the
following terms shall be used:
XXX
(L)  INTERNET - REFERS TO ALL FORMS 0F COMMUNICATION
AND DATA TRANSFER NETWORKS THAT ALLOW COMPUTERS AND
DEvlcES TO CONNECT 1^rlTH EACH OTHER woRLDi^7IDE.
SEC. 2. Section 5 of the same Act is hereby amended to read as follows:
"Sec.5.ReaponsibititiesoftheNationalTelecommunicationscomndssion.-The
National Telecommunications Commission (Commission) shall be the principal
administrator  of this  Act  and  as  such  shall  take  the  necessary  measures  to


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implement the policies and objectives set forth in this Act.   Accordingly,  in
addition to its existing functions, the Commission shall be responsible for the
following:
XXX
a>)  Ensure quality,  safety, reliability, security,  compatibihity and inter-
operability of telecommunications facilities and services, INCLUDING ALL
TYPES  0F  INTERNET  CONNECTION  SERVICES,  in  conformity  with
standards and specifications set by international radio and telecommunications
organizations to which the Philippines is a signatory;
XXX
(D  Protect consumers agalust misuse  Of a  telecommunications  entity's
monopoly or quasi-monopolistic powers by, but not limited to, the investigation
of complaints and exacting compliance with service standards from such entity;
[and]
(g) In the exercise of its regulatory powers, continue to impose such fees
and charges as lnay be necessary to cover reasonable costs and expenses for the
regulation and supervision of the operations of telecommunications entities [.] ;
(H)   DEVELOP,   IMPLEMENT   AND   MAINTAIN   STANDARDS,
POLICIES,    PROGRAMS,    AND    PLANS    T0    PROVIDE    EFFECTIVE,
EFFICIENT,    AND    RELIABLE    TELECOMMUNICATIONS    SERVICES
WIIICH SHALL INCLUDE INTERNET SERVICES;
(I)  IN THE  FURTHER EXERCISE 0F ITS  REGULATORY POWERS,
IMPOSE  FINES  AGAINST  PUBLIC  TELECOMMUNICATI0N  ENTITIES
VITHIN THE scOpE OF ITs REGULATION, wrllcH ARE FOuND To
HAVE VIOLATED, VIOLATING, OR THOSE WIIICH HAVE FAILED 0R
ARE FAILING T0 COMPLY VITH THE TERMS AND CONDITIONS 0F
THIS   ACT,   ANY   CERTIFICATE,   OR   ANY   ORDER,   DECISION   0R
REGULATION 0F THE COMMISSION.
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THE ERRING PUBLIC TELECOMMUNICATI0N ENTITY SHALL BE
SUBJECT T0 A FINE AMOUNTING T0 THE TOTAL ACTUAL LOSS 0R
OVERCHARGING AS DETERMINED BY THE COMMISSION FOR EVERY
DAY DURING WIIICH SUCH DEFAULT 0R VIOLATION CONTINUES,
OR IF IT IS  NOT FEASIBLE T0 QUANTIFY THE OFFENSE, T0 A FINE
AMOUNTING  T0  ONE  MILLION  PESOS  (PHP1,000,000.00)  FOR  EVERY
DAY  DURING VVHICH  SUCH  DEFAULT  OR VIOLATION  CONTINUES
UNTIL   THE   AMOUNT  IS   FULLY  PAID:  PROVZD£D,  THAT,  IF  THE
TELECOMMUNICATI0N  ENTITY  HAS  A  GROSS  ANNUAL  INCOME
NOT    EXCEEDING    TEN    MILLION    PESOS    (PHP10,000,000.00),    THE
PENALTY THAT MAY BE IMPOSED SHALL BE EQUIVALENT T0 ONE
PERCENT   (10/o)   T0   TWO   PERCENT   (2%)   OF   ITS   GROSS   ANNUAL
INCOME.    THE    COMMISSION    IS    HEREBY    AUTHORIZED    AND
EMPOWERED  T0  IMPOSE  SUCH  FINE,  AFTER  DUE  NOTICE  AND
HEARING.    THE  ERRING  TELECOMMUNICATI0N  ENTITY  IS  ALSO
MANDATED   T0   REFUND   T0   CONSUMERS   THE   CHARGES    IT
ERRONEOUSLY IMPOSED TO ITS SUBSCRIBERS; AND
(I)        THE        COMMISSION        SHALL        REQUIRE        PUBLIC
TELECoMMUNICATloN   ENTITIES   i^rlTH    SIGNIFICANT   MARKET
Pol^7ER    AS    DETERMINED    BY    THE    PHILIPPINE    COMPETITION
COMMISSION (PCC) TO PROVIDE TIMELY ACCESS TO ITS NETWORK,
FACILITIES   0R   EQUIPMENT   T0   ACCESS   SEEKERS   0N   A   FAIR,
REASONABLE       AND       NON-DISCRIMINATORY       TERMS       AND
CONDITIONS."
SEC. 3. Section 12 of the same Act is hereby amended to read as follows:
``Sec. 12. Mobt.Zc Rfldi.o Scrzji.cos.  -  [In a local telephone exchange area, m]
More than one duly enfranchised provider of mobile radio services, distinct and
separate from the local exchange carrier, may be allowed to operate. However,
such entities shall secure prior authority from the Commission and, in addition,
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comply with the  [conditious imposed on VAS and with the] norms on radio
frequency spectrum utilization.
IThe operator of XXX a mobile radio telephone system.I "
SEC. 4. Section 15 of Republic Act 7925 is hereby amended to read as follows:
"Sec.15. [R¢dz.o    Fr€q"c73ey    Spcc£"m.J    USE     0F    AVAILABLE     0R
UNASSIGNED SPECTRUM. - The radio frequency spectrum allocation and
assignment shall be subject to AN ANNUAL REVIEW. THE USE THEREOF
SHALL BE  SUBJECT T0 reasonable spectnim user fees. Where demand for
specific frequencies exceed availability, the Commission shall hold open tenders
for the same and ensure wider access to this limited resource.
VITHIN ONE  (1) YEAR FROM THE EFFECTIVITY 0F THIS  ACT,
THE   DEPARTMENT   0F   INFORMATION   AND   COMMUNICATIONS
TECHNOLOGY (DICT), IN CONSULTATION WITH THE COMMISSION
AND THE PCC, SHALL ISSUE THE GUIDING PRINCIPLES AND POLICY
DIRECTION FOR THE USE 0F SPECTRUM."
SEC. 5. Section 18 of the same Act is hereby amended to read as follows:
``Sec.18. Access   ChargeyRczJc#z#   Shen.rtg. -The   access   charge/revenue
sharing arrangements between all interconnecting carriers shall be negotiated
between the parties and the agreement between the parties shall be submitted to
the Commission FOR REVIEW AND APPROVAL. In the event the parties fall
to  agree  thereon  within  a  reasonable  period  of  time,  the  dispute  shall  be
submitted to the Commission for resolution.
In adopting or approving an access charge formula or revenue sharing
agreement between two or more carriers, particularly, but not himited to a local
exchange,  interconnecting  with  a  mobile  radio,  interexchange  long  distance
carrier, or international carrier, the commission shall ensure equity, reciprocity
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and fairness among the parties concerned. [In so approving the rates for XXX
intercormecting with them.I"
SEC. 6. A new Section shall be inserted after Section 18 of the same Act to read as
follows:
"SEC.     18-A     TRANSPARENCY.     -     ALL     INTERCONNECTING
CARRIERS SHALL PROVIDE T0 THE COMMISSION ALL TERMS AND
CONDITIONS,  INCLUDING  RATES,  OF  ACCESS  CHARGE/REVENUE
SHARING ARRANGEMENTS SUCH CARRIERS HAVE ENTERED INTO.
ALL   TELECOMMUNICATIONS   SERVICE   PROVIDERS   SHALL
OPEN THEIR BOOKS  0F ACCOUNT T0 THE  COMMISSION, WIIO  IS
EMP0l^rERED TO DEMAND COPIES THEREOF."
SEC. 7. Section 20 of the same Act is hereby amended to read as follows:
``Section 20. Rights of End-Users. -The user of telecommunications service
shall have the following basic rights:
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ap) RIght to be given the first single-line telephone connection or the first
party-line connection within two (2) months of application for service, against
deposit; or within three (3) months after targeted commencement of service in
the barangay concerned per the original schedule of service expansion approved
by the Commission, whichever deadline comes later [;] OR WITHIN ONE (1)
MONTH  0F  APPLICATION  FOR  SERVICE  IN  CASE  0F  INTERNET
APPLICATIONS;
(c) Regular, timely and accurate bining, courteous and efficient service at
utility business offices and by utility company personnel [; and] , AS WELL AS
PROMPT CORRECTION 0F ERRORS IN BILLING AND THE PROVISION
FOR IMMEDIATE REBATES 0R REFUND;
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(d)  Thorough and prompt investigation of, and action upon complaints. The
utility shall endeavor to allow complaints to be received over the telephone,
THROUGH   E-MAIL,   SMS   AND   OTHER   AVAILABLE   MODES   0F
COMMUNICATION  and  shall  keep  a  record  of  all  written  or  phoned-in
complaints;
(E)   RIGHT  T0  RECEIVE  AFFORDABLE,  QUALITY,  EFFICIENT,  AND
RELIABLE      TELECOMMUNICATIONS      SERvlcE     i^rHICH      SHALL
INCLUDE INTERNET SERVICES; AND
(F) RIGHT T0 RECEIVE A WRITTEN CONTRACT INCLUDING SPECIFIC
DETAILS   0N   THE   SERVICES   SUBSCRIBED   TO,   THE   COST   AND
TARIFFS, THE MINIMUM SERVICE QUALITY LEVEL, INCLUDING THE
PROVISIONS FOR REFUND AND TERMINATION 0F CONTRACT IF THE
WARRANTED QUALITY 0F SERVICE IS NOT MET.
SEC.  8.  Separability  Cha#se.   - Should  any  provision  herein  be  dedared
18      unconstitutional, the other provisions not affected shall remain in full force and effect.
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20                   SIC. 9.  Repealing clause. -Section 23 o£ RepuELC Act 7925 Equality of Treatment
21       {.r[ #ic "ccom77zw7t{.cafr.OHS J#d#sfry is hereby repealed. All laws, orders, issuance, rules
22      and regulations or part thereof inconsistent with the provisions of this Act are hereby
23      repealed, amended or modified accordingly.
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25                   SEC.  10.  Effectivity.  -  This  Act  shall  take  effect  fifteen  (15)  days  after  its
26      publication in the official Gazette or in any newspaper of general circulation.
2 7                  Approve d,
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