EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
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SENATE 
S. No. 1831
Ttf.lE
INDEX
Prepared by the Committee on Public Services with Senators Recto, Pacquiao, and
Poe as authors thereof
AN ACT
REQUIRING ALL PUBLIC TELECOMMUNICATIONS ENUTIES AND INTERNET 
SERVICE PROVIDERS IN THE COUNTRY TO INCREASE SERVICE COVERAGE 
AND DELIVER A MINIMUM STANDARD FOR INTERNET CONNECTION SPEED
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Short Title. - This Act shall be known as the "Better Internet Act".
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Sec. 2. Declaration of Policy. - The State recognizes the importance of
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technological advancements in nation building, economic development, and promoting
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people's well-being and as such, it endeavors to ensure the provision of strategic,
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reliable, cost-efficient, and citizen-centric information and communication technology
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(ICT) infrastructure, systems, and resources to guarantee that the population has
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access to quality, reliable, and affordable ICT services.
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In line with this, the State shall ensure that all Public Telecommunications
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Entities (PTEs) and Internet Service Providers (ISPs) will continuously upgrade their
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facilities and improve their services to be responsive to the growing demand for quality
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Internet access services.
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Sec. 3. Definition of Terms. - As used in this Act, the following terms are defined
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as follows:
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a) Bandwidth shall refer to the maximum data transfer rate over an Internet
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connection in a given amount of time expressed in bits per second or
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multiples of it;
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b) BroadbandshaW refer to high-speed Internet service that is always on and
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faster than traditional dial-up access transmitted through various wired or


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wireless data transmission technologies such as, but not limited to, digital 
subscriber line (DSL), cable modem, fiber optic cable, fixed wireless, 
satellite, cellular mobile, and TV white space.
c) Cellular towers shall refer to passive telecommunication tower 
infrastructure, including, but not limited to, (i) three-legged or four-legged 
structure, (ii) poles, or (iii) mast, or (iv) similar infrastructure used to 
support mobile cellular network facilities;
d) Compliance periodshd\\ refer to to the first three (3) years from the effective 
date of this Act within which all ISPs and PTEs are required to extend and 
expand Internet service coverage in all unserved and underserved areas in 
the country;
e) Internet Service Providers or 75iP5shall refer to an entity, with or without 
Congressional franchise, registered as value added service provider from 
the National Telecommunications Commission (NTC) and authorized to offer 
Internet access services to the public for compensation;
f) Jittershd\\ refer to the variation of end-to-end delay from one packet to the 
next within the same packet stream, connection, or flow;
g) Latency shd\\ refer to the time it takes for a packet of data to get from a 
source to destination;
h) Packet sY\d\\ refer to the unit of data that Is routed between an origin or 
source and a destination on the Internet or any other packet-switched 
network;
i) Packet Loss shall refer to the number of packets that does not reach the 
destination;
j) Public Telecommunications Entity or PTEs shall refer to any person, firm, 
partnership or corporation, government or private, engaged in the provision 
of telecommunications services to the public for compensation;
k) National ICT Household Plan refers to the plan for the improvement of ICT 
access and use, including broadband access, by households and individuals 
developed by the Department of Information Communications Technology 
(DICT) on the basis of information gathered from the National ICT 
Household Survey;


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I) Threshold Speed refers to the minimum upload and download speeds that
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an ISP and PTE must provide to their end user of broadband service;
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m) Unserved Area refers to a specific population or land area of a
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city/municipality where broadband access service is not available, as
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identified by the National ICT Household Plan;
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n) Underserved Area refers to a specific population or land area of a
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city/municipality where broadband access service is covered and available,
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but below the threshold speed. The underserved areas shall be identified by
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the National ICT Household Plan while the threshold speed shall be
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determined by this Act and, subsequently, by the NTC.
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Sec. 4. Increase in service coverage. - The NTC shall require all ISPs and PTEs
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to extend and expand the service coverage of fixed and mobile Internet service in all
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unserved and underserved areas in the Philippines within three (3) years from the
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effective date of this Act (the "Compliance Period"), according to the schedule and
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strategy to be set forth by the DICT in the National ICT Household Plan.
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The DICT shall develop the National ICT Household Plan, identify therein
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unserved and underserved areas in the Philippines and devise a plan of action to
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ensure Internet services shall be made available at the household level. The DICT
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shall make such information and plans public within sixty (60) days from the effective
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date of this Act.
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Provided, that subject to regulatory requirements, ISPs shall be allowed to own,
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establish, and operate wired and wireless networks, utilizing any available technology,
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in order to meet their obligations under this Act. ISPs shall be allowed access to
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unlicensed radio spectrum necessary to enable them to utilize wireless technologies
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to provide Internet service: Provided further, that ISPs shall not build international
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carrier, inter-exchange carrier, local exchange carrier, and mobile radio telephone
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networks reserved for PTEs, as provided for in Republic Act No. 7925, otherwise known
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as the Public Telecommunications Policy Act of the Philippines.
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Sec. 5. Threshold Speeds. - PTEs and ISPs shall deliver paid broadband service
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to subscribers at a minimum download speed of:
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a) 10 Megabits per second (Mbps) for fixed broadband and 5 Mbps for mobile
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broadband in highly urbanized cities;


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b) 5 Mbps for fixed broadband and 3 Mbps for mobile broadband services in
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ail other cities; and
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c) 3 Mbps for fixed broadband and 2 Mbps for mobile broadband services in
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rural areas.
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PTEs and ISPs shall have three (3) years from the effective date of this Act to
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ensure that they provide, as a minimum, the threshold speeds to their end users.
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After the end of the compliance period, it shall be considered a violation of this
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Act, subject to the penalties provided in Sec. 15 of this law, to offer paid Internet
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service below the threshold speed. For the avoidance of doubt, there shall be no
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minimum speed required for free Internet service: Provided, however, that service
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provided under the Free Internet Access in Public Places Act or RA 10929 shall meet
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the minimum speeds prescribed therein or in the relevant rules of the DICT for free
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Internet service programs.
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Sec. 6. Annual Review of Service Standards. - The NTC shall review, on an
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annual basis, the level of threshold speeds and prescribe the threshold speeds and
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other quality of service standards, such as upload and download speeds, packet loss,
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jitter, latency, and service availability, to provide subscribers average Internet
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connection speeds equal to, or above, what is prevalent among Asia Pacific countries
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and the global average: Provided, that the NTC may not decrease the threshold speeds
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set forth under this Act.
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Sec. 7. Measurement and Publication of Broadband Quality of Service (QOS). -
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In order to monitor and enforce compliance of PTEs and ISPs, the NTC shall:
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a) Prescribe a criteria and methodology for the measurement and publication
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of broadband quality of service, including parameters such as download
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speed, upload speed, latency, packet loss, jitter, and service availability,
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with appropriate benchmarks;
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b) Provide the public a mechanism to run broadband diagnostics in a secure
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and consumer-friendly format;
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c) Develop a procedure for collecting and analyzing broadband QOS
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measurements from various platforms and processing test data in a central
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database, which shall update and release results every 24 hours, at the
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least;


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d) Make publicly available on the NTC website and other media the criteria
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and methodology for the broadband QOS measurement tool and the list of
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platforms using the NTC-prescribed broadband measurement mechanism;
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e) Diligently monitor and conduct monthly network audits and/or QOS tests in
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order to ensure compliance of the PTEs and ISPs with threshoid speeds,
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advertised speeds, and coverage obligations, and publish its network audit
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report on a monthly basis; and,
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f) Publish the results of the NTC's broadband QOS tests and the results of the
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consumer broadband QOS tests on a monthly basis. Such reports should
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be in a format that can easily be analyzed by third party data scientists.
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Sec. 8. Consumer Protection. - PTEs and ISPs shall not advertise nor offer
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Internet service speeds that they cannot consistently provide. PTEs and ISPs shall
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provide to their subscribers 80% of their advertised speed available at 80% of the
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time. Speed and reliability shall be measured based on the prescribed measurement
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methodology by the NTC.
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Sec. 9. Responsibilities of the DICT. - In addition to responsibilities imposed
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in other sections of this Act, the DICT shall:
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a) Maintain and make public a National ICT Assets Index (NICTAI), which shall
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be updated on an annual basis, in order to provide accurate data on
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broadband coverage and ICT adoption and utilization in the country;
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b) Conduct the National ICT Household Survey and publish the National ICT
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Household Plan every three (3) years, and identify unserved and
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underserved areas for purposes of this Act;
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c) Regularly review and update ICT policy guidelines, strategies and plans,
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including, but not limited to, the National Broadband Plan to ensure that the
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Philippines' Internet service policy framework is at par with global standards
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and best practices; and
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d) Ensure the delivery of Internet services at the household level through a
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schedule and plan of action that includes, but is not limited to, infrastructure
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sharing and co-location arrangements;
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Sec. 10. Responsibilities of the NTC. - In addition to responsibilities imposed in
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other sections of this Act, the NTC shall:


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a) Ensure that PTEs and ISPs meet the minimum standards regarding 
connection, reception, just pricing, and biiiing practices to promote and 
protect the rights of consumers of Internet services;
b) Determine whether the ICT industry has built out the optimal number of 
towers and other infrastructure necessary to meet the objectives of this law;
c) Promulgate an efficient and expeditious administrative process for the 
registration of Internet service providers and shall, in coordination with the 
DICT, develop a set of criteria for qualifying service providers that will 
encourage the widest possible participation of as many industry players as 
possible who will build the necessary network infrastructure and offer 
Internet services to end users in different parts of the country and will take 
national security into consideration, particularly for facilities that interface 
directly with another country's domestic network;
d) Publish a spectrum management policy framework that promotes a 
transparent, efficient, and equitable approach to distributing spectrum, 
including clear guidelines for: (i) recalling unutilized spectrum, (ii) 
reassigning spectrum for more efficient use, and (iii) implementing an open 
frequency approach to expand Internet access in underserved and unserved 
areas, to be developed together with the DICT and the Philippine 
Competition Commission;
e) Provide the public with annual reports on the performance of PTEs and ISPs 
In terms of increasing Internet coverage and meeting the threshold 
download speeds;
f) Provide policies and standards of network elements to ensure that PTEs and 
ISPs will maintain the Quality of Service (QOS) of the Internet connection 
they provide to their respective area of coverage;
g) Provide for an expeditious mechanism to address consumer complaints on 
slow Internet speed and false advertising of Internet speeds; and,
h) Establish an efficient monitoring system or framework with regard to the 
PTEs and ISPs' management of consumer complaints and maintain records 
of subscribers' complaints.


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Sec. 11. Reports to Congress. - The DICT and NTC shall submit a quarterly
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progress report to Congress of all acts performed pursuant to this Act during the first
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week of the immediately preceding quarter.
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Sec. 12. Streamlining Permitting Requirements. - The DICT and other relevant
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regulatory agencies including, but not limited to, the Department of Interior and Local
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Government (DILG), Department of Public Works and Highways (DPWH), Department
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of Human Settlements and Urban Development (DHSUD), Anti-Red tape Authority
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(ARTA), Civil Aviation Authority of the Philippines (CAAP), Department of Health
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(DOH), and the Food and Drug Administration (FDA) shall ensure the streamlining of
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the permitting process for the construction, installation, and operation of
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telecommunications tower and other infrastructure such as, but not limited to, permits
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for base stations, cables, poles, and other work elements necessary to offer Internet
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service.
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The DICT shall set up a one-stop shop that shall coordinate with other
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regulatory agencies regarding the permitting requirements and applicable regulatory
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fees for Installing common towers, cables, poles, and other network elements in order
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to facilitate the attainment of the objectives of this Act.
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Sec. 13. Local Government Units (LGUs) as Partners in Broadband
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Infrastructure Development - The LGU shall serve as a strategic partner who shall
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ensure that all LGU-related permits and requirements necessary to expand Internet
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coverage and improve quality of Internet service shall be acted upon immediately. In
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order to ensure that all municipalities and barangays have access to Internet facilities,
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an LGU shall be allowed to build and operate its own broadband network In partnership
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with PTEs and ISPs.
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Sec. 14. Infrastructure Sharing and Co-iocation. -
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a) The DICT shall promulgate policies, rules, and regulations, in coordination
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and/or jointly with the concerned national government agencies,
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government owned and operated corporations, and local government units,
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to ensure that infrastructure, whether existing or built in the future,
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necessary or capable of supporting data transmission networks or services
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are:


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(i) 
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 non- discriminatory basis to any 
access seeker's network facilities;
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as far as possible, deployed together with roadworks, pipe-laying, 
and other infrastructure development by both government and 
private entities; and
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propagated 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 infrastructure that help facilitate broadband 
network deployment.
b) The DICT shall, in coordination with the Philippine Competition Commission 
and other relevant government agencies, promulgate policies, rules, and 
regulations to ensure that buildings, condominiums, villages, towns, and 
subdivisions are all built with facilities, such as cable entrances, ducts, and 
risers, that allow non-discriminatory and non-exclusive access to multiple 
service providers, in order for PTEs and ISPs to provide Internet service;
c) In case of a dispute arising from a infrastructure-sharing arrangement, the 
DICT shall:
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Coordinate with the regulator of the Infrastructure;
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Mediate between a PTE or ISP and ah infrastructure owner, which 
may Include a PTE, an ISP, or a public service network provider; 
and/or
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Serve as the primary enforcer of this provision.
d) The DICT shall encourage the use of existing infrastructure, such as those 
of cable TV operators, to fast track the layout of networks, to increase 
coverage, and to address the problem of unserved and underserved areas;
e) The regulator of the shared infrastructure shall, in consultation with 
concerned stakeholders, determine and ensure reasonable rental rates for 
use of shared infrastructure such as, but not limited to, utility poles, utility 
corridors and ducts; and
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f) For shared infrastructure arrangements, the DICT shall also look into the
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following considerations:
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(I) 
Technical feasibility of the request of access seeker to use
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infrastructure;
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(II) 
Incentives to encourage investment in less commercially viable
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areas;
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(iii) Fair and reasonable rates for shared facilities, depending on the
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location and market size in a particular area.
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All policies, rules, and regulations under this Section shall be operationalized
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within one (1) year from the effectivity of this Act.
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Sec. 15. Penalties. - The NTC may, motu propria or upon complaint of any
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interested party, in the appropriate administrative and/or quasi-judicial process, and
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in accordance with due process, shall:
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a) Require any PTE or ISP, who shall not meet the requirements set forth
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under, or shall not comply with the provisions of this Act, to comply with
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service standards that have not been met, or provisions of this Act that have
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been violated;
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b) Impose upon entities who do not comply with Internet service standards as
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laid down by Sections 4, 5, and 8 of this Act and as prescribed by the NTC:
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(i) The penalty of a fine of not less than two hundred thousand pesos
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(P200,000) but not more than two million pesos (P2,000,000.00) for
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each count of violation. Provided, that if a service provider has a
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gross annual income not exceeding Ten Million Pesos (PHP
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10,000,000.00), the penalty shall be equivalent to one percent (1%)
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to two percent (2%) of its gross annual income; and
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(ii) For repeated violations, revoke the PTE's Provisional Authority or
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Certificate of Public Convenience and Necessity, or cancel the
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registration of an ISP, whichever applies, including the waiving of
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any pre-termination fees of affected subscribers and timely
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disbursement of any remaining credits from excessive downtime.
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The foregoing is without prejudice to any other remedies available to the NTC
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under existing law.


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Sec. 16. Implementing Rules and Regulations. - Within sixty (60) days after
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the effectivity of this Act, the DICT and the NTC shall issue a Joint Memorandum
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Circular setting forth the rules and regulations to effectively implement the provisions
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of this Act.
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Sec. 17. Separability Clause. -If any portion or provision of this Act is declared
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unconstitutional, the remainder of this Act or any provisions not affected thereby shall
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remain in force and effect.
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Sec. 18. Repealing Clause. - Any law, presidential decree or issuance, executive
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order, letter of instruction, rule or regulation inconsistent with the provisions of this
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Act is hereby repealed or modified accordingly.
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Sec. 19. Effectivity. - This Act shall take effect fifteen (15) days following its
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complete publication in a newspaper of general circulation.
Approved,
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