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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4665

Introduced by Hon. Anthony Peter “Onyx” D. Crisologo

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

EXPLANATORY NOTE

Pole Structures, Pole Attachments, and Cable Wires are significant in
the provision of basic electric and telecommunication services. They should
be installed in appropriate locations and manner that would facilitate
efficiency and would not pose perils to the general public. However, despite
existing laws and ordinances by the government on the adherence to safety
guidelines, the current practice still remains far from what is deemed safe
and proper based on international standards.

Until today, dangling wires are still a common sight in numerous
communities in our country. In many instances, this serves as a health
hazard, causes accidents, and results to disaster. Furthermore, these deface
many historic buildings and cityscape which becomes detrimental to the
growth of our tourism industry.

Thus, this Act aims to provide safety standards of pole structures and
regulate the use thereof.

In view of the foregoing, the passage of this bill is fervently sought.

ANTH! D. CRISOLOGO
resentative
First District, Quezon City


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

EIGHTEENTH CONGRESS
First Regular Session

4665
HOUSE BILL NO.

Introduced by Hon. Anthony Peter “Onyx” D. Crisologo

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

Be it enacted by the Senate and 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 of 2019”

Section 2. Declaration of Policy.- \t is hereby declared the policy of
the Sate:

(a) To ensure the safety of all citizens, properties,
structures, and facilities of the country.

(b) To create measures to avoid grave accidents brought
about by poorly installed pole structures, attachments, and cable
wires.

(c) To ensure the sustained enhancement of urban
landscape development of the Philippines.

(d) To adopt the best practices exercised internationally
that are responsive to the distinct needs of our country and its
people.

Section 3. Definition of Terms.-

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

(b) 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.


(c) Pole Ownerrefers 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.

(d) Attaching Entity refers to any person, natural or
juridical, that makes or maintains a pole attachment for the
transmission of electricityor telecommunications signal.

(e) 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 electricityor telecommunications signal.

(f) Pole Attachment Fee refers to the amount to be
paid by the attaching entity to the pole owner in consideration
of the pole attachment privilegepayable at the end of every
quarter of the year on a per utility pole basis.

(g) Additional Maintenance Expense refers to the
necessary quarterly cost directly and exclusively pertaining to
preserving the integrity and proper functioning of the pole
attachment.

(h) Pole Premium refers to the amount, equivalent to
Twelve percent (12%) of the additional maintenance expense,
payable to the pole owner as premium for the pole attachment.
It forms the other part of the pole attachment fee.

Section 4. Creation and Composition of Pole Structures Board. - A
Pole Structures Board is hereby created which shall be composed of nine
members, with the Secretary of the Department of Public Works and
Highways (DPWH) as ex-officio head, and the secretaries of the Department
of Energy (DOE), Department of Transportation (DOT), Department of
Information and CommunicationsTechnology (DICT), and __ the
Commissioner of the National Telecommunications Commission (NTC)as
ex-officio members. The four remaining members shall come from the
representatives of electric utility companies, internet provider companies,
telecommunications companies and cable televisioncompanies which have
been in operation for the last five years prior to the effectivity of this Act.
The four members from the private sectors shall be appointed for a term for
two years by the President of the Philippines upon the recommendation of
the Secretary of DPWH. The members of the Board shall be entitled to per
diem prescribed and authorized under existing laws, rules and regulations.

Congress shall appropriate an amount in the General Appropriations
Act, particularly in the budget of the DPWH, sufficient to cover the
expenditures necessary to implement the provisions of this ACT.


Section 5. Powers of the Board. - The Board shall have the

following powers:

(a) To regulate pole attachment fees;

(b) To cause the periodic inspection of pole
attachments;

(©) To order the removal of dangling wires and cables at
the expense of the attaching entity;

(d) To settle disputes between the pole owner and the
attaching entity relating to the actual number of
utility poles, amount of pole attachment fees to be
paid, and other issues that may arise in the
implementation of the provisions of this Act;

(c) To impose penalties for violation of this Act and its
Implementing Rules and Regulations;

Section 6. Formula for the Pole Attachment Fee — The pole

attachment fee shall be equal to the sum of the additional maintenance
expense and the pole premium, wherein:

(a) Unless proven otherwise by the Pole Owner or the
Attaching Entity, the additional maintenance expense shall be
presumed to be equal to be Twenty five pesos (P 25.00), Provided,
that the said amount shall be adjusted by the Board five (5) years after
the effectivity of this Act, and every 5 years thereafter, after public
hearing for the said purpose, provided further, that in no case shall the
adjustment be more than Twenty percent (20%) of the previous
amount.

The pole owner or the attaching entity, may dispute before the
Board the said amount and rates by presenting sufficient and
competent evidence.

(b) The pole premium shall be equal to Twelve percent
(12%) of the additional maintenance expense.

(c) The number of utility poles for which pole attachment
fees are payable shall be equal to the number of utility poles applied
for pole attachment by the attaching entity minus the number of pole
attachments validly denied by the pole owner.

Any dispute relating to the actual number of utility pole for
which pole attachment fees are payable may be brought before the
Board.

Section 7. Nondiscriminatory Access — A pole owner shall provide

and maintain nondiscriminatory access to all utility poles and related support


structures it owns and rights of way it controls in exchange for the payment
of the pole attachment fee, on terms and conditions uniform 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, Provided, that a pole owner may validly deny in writing a
pole attachment to a utility pole or related support structure it owns or a right
way it controls by reason of recognized standards of safety, industry
practices or generally accepted engineering principles, and Provided further,
that in case a pole owner validly denies a pole attachment, or removes the
same due to an emergency, and thereafter the reason for such denial or
removal ceases or additional capacity becomes available for a pole
attachment, the pole owner shall be bound to offer the capacity for a pole
attachment to be denied or previous attaching entity first, before occupying
the same or offering it to other potential attaching entities, including its own
affiliates or subsidiaries. Any removal not due to an emergency shall require
prior written notice to the attaching entity.

Section 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, shall make,
modify and remove pole attachments. 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, at their own expense, shall maintain
and replace the rights of way, utility poles and related support
structures. They shall be responsible for the maintenance and
replacement of the utility poles, related support structures and rights
of way in a manner that preserves 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 of the cables to prevent
them from dangling. Within 5 days from notice from the Board, the
attaching entities or owners of the cable 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 safe standards of pole structures, and
weight and stress limit of pole structures.

Section 9. Sanction — Any violation of this act shall be imposed a fine
of not less than Two hundred thousand pesos (200,000.00) but not more
than Five hundred thousand pesos (P 500,000.00). Unpaid fines for at least
2 violations shall be a ground for the cancellation or revocation of the
business permits or licenses to operate.


Section 10. Implementing Rules and Regulations — Within ninety (90)
days from the effectivity of this Act, the Secretaries of DPWH, DOE, DOT
and DICT, and the Commissioner of NTC shall promulgate rules and
regulations to carry out the intent, objectives purposes, policies and other
provisions of this Act. The implementing rules and regulations shall
include, among others:

(a) the prescribed pole loads of utility poles;
(b) safety standards of pole structures;and
(c)_ the prevention and removal of dangling wires and cables.

Section 11. Separability Clause. — \f any provision or part of this
Act is declared unconstitutional, the remaining provisions shall continue to
be in force and in effect.

Section 12. Repealing Clause. — Laws, decrees, executive orders
and rules and regulations inconsistent with the provisions of this Act are
deemed repealed or modified accordingly.

Section 13. Effectivity. — This Act shall take effect in fifteen (15)
days after its publication in at least two (2) newspapers of general
circulation.

Approved,