Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO._____ 
Introduced by Honorable Michael L. Romero 
EXPLANATORY NOTE 
In the Republic of the Philippines, National Telecommunications Commission 
(NTC) was created under Executive Order No. 546 promulgated on July 23, 1979, 
and conferred with regulatory and quasi-judicial functions taken over from the 
Board of Communications and the Telecommunications Control Bureau, which 
were abolished in the same Order. 
Primarily, the NTC is the sole body that exercises jurisdiction over the supervision, 
adjudication and control over all telecommunications services and television 
networks throughout the country. For the effective enforcement of this 
responsibility, it adopts and promotes guidelines, rules, and regulations relative to 
the establishment, operation and maintenance of various telecommunications 
facilities and services nationwide. 
Although independent as its regulatory and quasi-judicial functions are concerned, 
the NTC remains under the administrative supervision of the Department of 
Information and Communication Technology as an attached agency. However, 
with respect to its quasi-judicial functions, NTC's decisions are appealable only 
and directly to the Supreme Court of the Philippines.  
August 15, 2022
12:15 pm
3591


Henceforth 
The Open 
Access 
in 
Data 
Transmission 
Act is 
an internet and telecommunications bill filed in the Congress of the Philippines. 
This House Bill contains provisions encouraging the development of data 
transmission infrastructure and removing any barrier to competition in data 
transmission services. It also aims to protect and promote the internet as an open 
platform enabling consumer choice, freedom of expression, end-user control, 
competition and freedom to innovate without permission.  
Earnest approval of this bill is hereby requested. 
MICHAEL L. ROMERO


Republic the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO _____ 
Introduced by Honorable Michael L. Romero 
AN ACT 
PROMOTING OPEN ACCESS IN DATA TRANSMISSION, PROVIDING 
ADDITIONAL POWERS AND FUNCTIONS TO THE NATIONAL 
TELECOMMUNICATIONS 
COMMISSION AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
CHAPTER I 
INTRODUCTORY PROVISIONS 
SECTION 1. SHORT TITLE. — This Act shall be known as the "Open Access in 
Data Transmission Act of 2022". 
SECTION 2. DECLARATION OF POLICY. — It is the policy of the State to narrow 
the digital divide in the country by encouraging the development of data transmission 
infrastructure and removing any barrier to competition in data transmission services. 
Moreover, the State shall implement measures to require data transmission service 
providers to adhere to telecommunications standards suitable to the needs and 
aspirations of the nation and ensure that internet users enjoy the best quality of data 
transmission service. The State shall: 
(a) Promote the construction and development of reliable,
affordable, open and accessible data networks that transmit 
information at speed and quality comparable to the best in the world; 
3591


 
 
(b) Create an entrepreneurial ecosystem where persons who 
wish to engage in the data transmission industry can compete openly 
and freely in the spirit of fair competition and permission less 
innovation; 
(c) Encourage investments in the digital infrastructure 
development in the country; 
(d) Adopt and ensure open access in the regulation of 
the data transmission industry;  
(e) Protect the public interest as it is affected by its 
ability to access data networks; 
(f) Establish a strong and independent regulatory body and 
system to ensure and enhance fair 3 competition in the data 
transmission Industry; 
 (g) Protect and promote the internet as an open platform 
enabling consumer choice, freedom of expression, end-user control, 
competition and the freedom to innovate without permission, and 
thereby 
encouraging 
the 
development 
of 
advanced 
telecommunications capabilities and the removal of barriers to 
infrastructure investment; 
(h) Encourage infrastructure sharing and co-location in order 
to promote network investment, 
eliminate the uneconomic duplication of infrastructure facilities, 
and strengthen competition; and  
(i) Ensure efficient and transparent management of the radio 
frequency spectrum, especially those utilized in the delivery of data 
transmission services. 
 
SECTION 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 
broadband/internet network; 
(d) Con or Backbone Network refers to the main line including 
international connection, that networks, delivers routes to 
exchange information among various subnetworks, connects 
regional distribution networks and, In some Instances, 
provides connectivity to other peer networks; 


 
 
(e) Data transmission refers to the process of sending digital 
or disguised analog Signal over a communication medium to 
one or more computing networks, communication or 
electronic devices. 
It enables the transfer and communication of devices in a 
point-to-point, and multipoint-to-multipoint environments. 
The term data transmission includes the provision of Voice 
over Internet Protocol (VolP) services but does not include the 
provision of basic telephone services; 
(f) Data transmission industry Participant refers to any 
person, firm, partnership or corporation, government or 
private, engaged in the provision of data transmission services 
to the public. This includes public telecommunications entities 
that offer data transmission services as defined under 
Republic Act No. 7925, otherwise known as the "Public 
Telecommunications Policy Act of the Philippines’. 
(g) International gateway or landing refers to a segment of data 
transmission that consists of any facility that provides an 
interface to send and receive data traffic between one country's 
domestic 
network facilities and those in another country; 
(h) Last mile refers to the segment of data transmission 
network that connects end users; 
(i) Middle mile refers to the segment of data transmission 
network that links the last mile network  to 
the 
core 
or 
backbone network; 
(j) Open access refers to the system of allowing the use of 
data transmission or distribution systems and assonated 
facilities subject to fair, reasonable, and nondiscriminatory 
terms in a transparent market; 
 (k) Paid prioritization refers to the management of a data 
transmission network to directly or indirectly favor some 
traffic over other traffic, through the use of techniques such 
as traffic shaping, prioritization, resource reservation, zero-
rating, or other forms of preferential traffic management, 
either in exchange for consideration (monetary or otherwise) 
from a third party, or to benefit an affiliated entity; 
(l) Voice over Internet Protocol (VOIP) service refers to the 
provision of voice communication using Internet Protocol (IP) 
technology; and 
(m) 
Passive 
infrastructure 
collectively 
refers 
to 
telecommunication towers, poles, cable entrances, ducts, 
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 data transmission. 
 
CHAPTER II  
ORGANIZATION AND OPERATION OF THE DATA TRANSMISSION INDUSTRY 
SECTION 4. SCOPE. — This Act applies to all persons who participate in the data 
transmission industry. Any person or entity whose business deals substantially with 
the transmission of data, Including VoIP service provider, internet service providers 
(ISPs), and data center service providers, shall be governed by the provisions of this 
Act. VIEs that are principally engaged in the provision of basic telephone services, such 
as an international carrier, interexchange carrier, local exchange 
operator, and mobile radio services provider, as defined in Republic Act No. 7925, and 
which also provide data transmission services, shall likewise be subject to the 
provisions of this Act with respect to the data transmission services they provide and 
the interconnection to their networks that they extend to data transmission industry 
participants. 
SECTION 5. REGISTRATION AND CERTIFICATION. — All segments of the data 
transmission network shall be competitive and open. Notwithstanding the provisions 
of this Act or any other law, the following registration and certification shall apply to 
data transmission: 
(a) All data transmission industry participants shall be required to register 
with the National Telecommunications Commission (NTC). The NTC shall 
promulgate a speedy and expeditious administrative process for registration and 
shall, in coordination with the Department of Information and Communications 
Technology (DICT) for policy and standard setting in the Information and 
Communications Technology (ICT) sector, and Philippine Competition Commission 
(PCC) for the promotion of market competition, develop a set of criteria for quantifying 
data transmission industry participants that will encourage the widest possible 
participation of as many industry players as possible who will offer data transmission 
services in all segments of the network and to end users in different parts of the 
country. The qualification requirements for data transmission industry participants 
shall also take national security concerns into consideration particularly for facilities 
that interface directly with another country's domestic network. 


 
 
(b) Those who will operate an international cable landing station shall secure 
a legislative franchise. Those who will operate a nationwide backbone network 
shall secure a permit from the NTC and submit its proposed route or rollout plan, 
as well as the manner of construction of the backbone network, subject to the 
approval of the NTC. 
 
All other industry participants shall not be required to secure a legislative franchise 
or a certificate of public convenience and necessity (CPCN) but must meet the criteria 
set by the NTC and the DICT in registering as industry participants in order to 
construct, operate, lease or own networks or facilities except if it owns and operates 
an international cable landing station: Provided, That an owner or operator of a cable 
landing station, not considered a public utility, shall no longer be required to secure 
a CPCN. All industry participants intending to be spectrum holders shall need to 
secure a permit from the NTC and shall be allocated such spectrum in accordance 
with the provisions under Section of this Act. 
(c) Data transmission industry participants shall likewise be required to 
comply with national and global best practices and standards on cybersecurity 
and shall be subject to a network audit by the Cybersecurity Bureau of the DICT. 
Data transmission industry participants shall, after three (3) years of operation, 
be required to secure a cybersecurity certification from a third-party organization 
based on the prevailing International Organization for Standardization (ISO) 
standards on Information security management. 
 
CHAPTER III  
REGULATION OF THE DATA TRANSMISSION INDUSTRY 
 
SECTION 6. OPEN ACCESS APPROACH TO REGULATION OF THE DATA 
TRANSMISSION INDUSTRY. — The NTC shall ensure that the data transmission 
sector remains open and accessible to all qualified participants. Specifically, it shall: 
 
(a) Implement an efficient and speedy administrative process in the authorization 
and registration of data transmission sector participants;  


 
 
(b) Adopt a technology-neutral framework that allows data transmission industry 
participants to use any available technology to provide service; 
(c) Promote fair and open competition in accordance with the principles and 
policies under the Philippine Competition Act and its implementing rules in all 
segments of the data transmission network, allowing a wide variety of physical 
networks and applications to interact in an open architecture; 
(d) Mandate transparency in pricing and the publication of pricing information 
to ensure fair trading within and between each data transmission segment so as to 
allow clear, comparative information on market prices and services; 
(e) Mandate interconnection so that data transmission industry participants can 
connect to each other at the various segments and interfaces, such that entities of 
any size may freely enter and exit the market, and dominance by any single player or 
group of players is avoided; 
(f) Promulgate policies that will encourage distributed local solutions rather than 
centralized ones, encouraging services that are closer to the user; 
 (g) Publish the list of registered data transmission industry participants at least 
once a year;  
(h) Promulgate, together with the PCC, rules defining and regulating entities with 
substantial market power;  
(i) Publish a Spectrum Management Framework to be developed together with 
the DICT and the PCC, and 
(j) Collect the necessary Supervision and Regulation Fee (SRF) and Spectrum 
User Fee (SUF), and other relevant fees as provided by law. 
 
SECTION 7. SPECTRUM ALLOCATION, RECALL, AND REALLOCATION. — 
The NTC shall maximize the allocation and assignment of finite radio spectrum 
resources used in the transmission of data by ensuring that the spectrum is made 
available for the use of all registered data transmission industry participants. To this 
end: 
 
(a) The procedure for radio spectrum assignment, joint use and recall shall 
be made transparent to the public. All applications, including letter 
requests, spectrum assignment, joint use, recall, and reallocations shall 
be posted in the NTC website and in a conspicuous place in the offices of 
the NTC for at least three (3) consecutive months. The notice shall 
specifically indicate the names of the applicants for spectrum 


 
 
assignment, joint use and recall, including where the NTC itself is the 
proponent of any such action, the affected spectrum, and the applicant's 
or NTC's reasons for the proposed spectrum assignment, joint use and 
recall. The NTC shall not assign, recall or allow co-use or joint use of any 
radio frequency band or bands without conducting at least one (1) public 
hearing and allowing public comment for a period of fifteen (15) days from 
the date of the public hearing, prior to approval and/or disapproval of the 
same. this shall apply to all spectrum, whether used for data 
transmission or not; 
 
(b) All radio spectrums, radio frequency assignments, recalls, and joint use 
decisions of the NTC shall be published in the NTC website and in a 
conspicuous place in the offices of the NTC for at least three (3) 
consecutive months. The recall of frequency for purposes of free public 
use shall be given priority. 
 
The immediately preceding paragraphs (a) and (b) herein shall not apply to 
applications for frequency assignments for fixed point-to-point radio links, 
wifi, and satellite networks; 
 
(c) The NTC shall avoid the concentration of spectrum resources in the 
hands of a few players and shall not assign or allow joint use of radio 
spectrum in a manner that establishes, promotes or perpetuates the 
dominance of PTEs. Any entity who believes that any one or more of the 
NTC's decisions for the assignment of radio spectrum, whether past or 
present, which will promote the dominance of any entity and hinder 
competition, may file a complaint before the PCC to determine the 
dominance of a data transmission industry participant and deal with 
anti-competitive conduct in accordance with its mandate under Republic 
Act No. 10667, otherwise known as the "Philippine Competition Act”. 
 
(d) The NTC shall promptly act on applications of data transmission 
industry participants for permits to import equipment. Any application for a 
permit to import equipment that is not acted on by the NTC within seven (7) 
days shall be deemed approved; 
 
(e) If the NTC finds, on its own initiative or upon complaint, that any right, 
license or radio spectrum assignment to any data transmission industry 
participant or PTE is not being used, or is not being maximized by the user 
thereof, or that the grantee has violated the provisions of this Act, it may, 
motu propio or upon petition by any person, subject to due process, recall 
the radio spectrum assignment of the data transmission industry participant 
or PTE. The NTC shall, where required and appropriate, work with the data 


 
 
transmission industry participant or PTE concerned to take appropriate 
measures to minimize the impact of such recall on active users of services 
utilizing the recalled spectrum.  
The foregoing notwithstanding, no frequency shall be recalled within 
eighteen (18) months of the awarding of a provisional authority or license or 
registration; and 
(f) The NTC shall ensure that the allocation, assignment, reassignment, 
reclassification, joint use or co-use, and recall of spectrum does not result 
in the concentration of spectrum resources which promote, establish, or 
perpetuate the significant market power of PTEs or of only a limited number 
of participants. In instances where the resulting assignment of spectrum for 
mobile and point-to-multipoint networks will give an assignee or entities it 
controls, jointly or singly, or under common control, either by virtue of that 
request or in combination with other previous requests by that party or its 
affiliates, fifteen percent (15%) or above of assignable spectrum in the same 
band, the party requesting for an assignment of spectrum or a joint use of 
spectrum shall be required to serve notice to the PCC and secure a no-
objection notice from the PCC.  
 
The PCC shall issue a no-objection notice within thirty (30) working days 
upon its receipt of pertinent information necessary for the review and 
issuance of the notice: Provided, That the PCC may once extend such period 
for an additional fifteen (15) working days upon their notification of the NTC 
and the concerned party or parties to a spectrum allocation, reallocation, 
assignment, reassignment, reclassification, joint use or co-use, and recall. 
 
SETION 8. SETTING PERFORMANCE STANDARDS. — The NTC shall: 
 
(a) Mandate that, within one (1) year from the effectivity of this 
Act, all last mile providers shall provide a minimum download 
speed of 2 megabits per second or as mandated by the National 
Broadband, whichever is higher, for mobile broadband and for 
fixed wireless/broadband access;  
(b) Prescribe performance standards after public consultation 
and hearings within six (6) months from the effectivity of this 
Act; 
(c) Regularly upgrade performance standards imposed on the 
data transmission industry to ensure that performance 
standards shall, at a minimum, be at par with service levels 


 
 
established in regional data network performance indices and 
aligned with international best practices. Such standards shall 
take into account speed, packet loss, jitter, and latency; 
(d) Regularly review performance standards at least once a 
year and publish new performance 
standards at least thirty (30) days before they take effect. 
The publication of the results of the performance 
measurements shall be done in an open data format and 
made accessible to the general public; 
(e) Any person, or the NTC itself, may, motu proprio, file a 
petition to penalize any data transmission industry participant 
for failure to deliver service according to the NTC's published 
performance standard and to require rectification of such 
noncompliance; and 
(f) Measure the performance of the data industry participants 
quarterly and publish the results of its assessment in its 
website. 
 
SECTION 9. ARMS-LENGTH TRANSACTIONS AND TRANSPARENCY. — The 
NTC sha11: 
(a) Publish and make available in print and online formats all 
aspects of spectrum use information, including the National 
Radio Frequency Allocation Table (NRFAD, indicating therein 
the purpose or use to which each frequency band is allocated, 
and, for frequency bands allocated for public use, the persons 
and/or entities to whom each particular frequency is assigned. 
The NRFAT and updated radio spectrum use information shall 
be made available on the NTC's website and to any person who 
requests the same, upon written request; and 
(b) Promulgate rules requiring all data transmission industry 
participants to file an annual report and include therein a fair 
and accurate statement regarding their market prices and 
their services. The annual report shall include all costs and 


 
 
charges relevant to the data transmission network segment 
where the participants operate.  
The rates shall be made available online, in print, 
and in any other viable venue to the public. Any person can 
file a complaint pertaining to these rates within thirty (30) days 
of posting. Each player at each segment shall submit a copy 
of their rates to the NTC and the PCC.  
The rates shall be published, including a historical 
record, in a consolidated manner. The data transmission 
industry participants shall keep a publicly accessible archive 
of their rates. 
SECTION 10. FAIR COMPETITION. — The PCC and the NTC shall ensure that 
the principles and policies enshrined under the Philippine Competition Act are strictly 
adhered to in the data transmission 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 arc 
eliminated to make the industry highly competitive. To this end, within thirty (30) days 
from the effectivity of this Act, the PCC and NTC shall enter into an agreement to foster 
and develop Interagency cooperation mechanisms, including information-sharing 
tools, that will guide them in the performance of their respective mandates, and in the 
promotion of fair competition in the data transmission industry. 
SECTION 11. TECHNOLOGICAL NEUTRALITY. — The NTC shall ensure that 
the provisions of this Act apply to future technologies in data transmission. 
 
SECTION 12. INFRASTRUCTURE SHARING AND CO-LOCATION. — The DICT 
and the NTC shall promulgate policies, rules, and regulations to ensure that passive 
infrastructure, whether existing or built in the future, necessary or capable of 
supporting data transmission 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:  
Provided, that the provision of access to government-owned and -
operated facilities and support infrastructure to access seekers for 
the purpose of offering data transmission services shall be 
mandatory, unless special circumstances, such as but not limited to 
national security concerns, exist; 
(b) built not only in the city centers, but most especially in the 
remote, unserved, and underserved areas in order to extend data 
transmission services by both the existing and new players 
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 
data transmission network deployment. 
The DICT shall coordinate and issue a policy with other relevant government agencies 
upon consultation with stakeholders to implement this provision. For purposes of data 
transmission, the NTC shall, in case of a dispute arising from an infrastructure sharing 
agreement: (1) mediate between a data transmission industry participant and an 
infrastructure owner, and (2) serve as the primary enforcer of this provision. 
The DICT and the NTC shall 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 nondiscriminatory access to 
multiple data transmission industry players in order for them to provide service. They 


 
 
shall also promulgate policies, rules, and guidelines that will ensure a level-playing 
field and price nondiscrimination among data transmission industry participants and 
network facility and infrastructure owners. 
The DICT and NTC, in coordination with relevant government agencies, 
shall also 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. 
 The DICT and the NTC shall maintain an updated database of data transmission 
infrastructure, including passive infrastructure used to support data transmission. 
The database, to be 8 updated annually, shall include the exact location, ownership, 
technical specifications, and other  relevant information about the facility. 
 
 
CHAPTER IV 
 
PROHIBITED ACTS 
SECTION 13. PROHIBITED ACTS. — The following acts are prohibited: 
 
(a) Refusal to Plug and Play. — Any data transmission industry participant, 
insofar as such person is so engaged, shall not refuse access to 
infrastructure to any other data transmission industry participant, except 
for failure to pay open market fees for the access to the service. 
Data transmission industry participants 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 data 
transmission service. Agreements between data & transmission providers 
of data services and end users on commercial and technical conditions and 
the characteristics of data access services such as price, data volume or 
speed, and any commercial practices conducted by providers of Internet 
access services shall not limit the exercise of the rights of end users laid 
down in the preceding paragraph; 
 
(b) Paid Prioritization. — A data transmission industry participant shall not engage in 
paid prioritization for monetary or other consideration except when allowed by the NTC 
after such participant demonstrates that the practice will provide significant public 
interest benefit and will not disadvantage content and applications that are not 
prioritized or harm the open nature of the internet; 
  


 
 
(c) Throttling. — A data transmission industry participant shall treat all traffic equally 
when providing data 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 a data transmission industry participant 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 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 data transmission 
Industry participant; 
(d) Refusal to Give Information. — It shall be prohibited for any data transmission 
industry 5 participant, including PTEs with regard to its network and facilities, to 
refuse or fail to make available 6 to suppliers of data transmission services, on a 
timely basis, the technical information about its essential facilities or network 
facilities and commercially relevant information that are necessary for 8 the efficient 
provision of their services; and 
(e) Anti-competitive Cross-subsidization. — The NTC shall require separate books of 
accounts between different data transmission 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 Philippine Competition Commission for proper determination and action, in 
accordance with the provisions of Republic Act No. 10667. Nothing herein shall prevent 
interconnecting networks from charging the appropriate cost-based compensation for 
the use of interconnection facilities. 
 
SECTION 14. ADMINISTRATIVE PENALTIES. — The NTC shall require data 
transmission industry participants and PTEs providing data transmission services to 
comply with prescribed performance standards and shall impose penalties for failure 
to comply with such performance standards. 
 
(a) Any data transmission industry participant who fails to comply with the minimum 
service standards set by the NTC shall be imposed a minimum penalty of a fine of not 
less than Three hundred thousand pesos (P 300,000.00) but not more than Five 
million pesos (P5,000,000.00) per day for every day during which such default or 
violation continues, until the participant fully complies: Provided, That if the data 
transmission Industry participant has a gross annual income not exceeding Ten million 


 
 
pesos (P10,000,000.00) the penalty that may be imposed shall be equivalent to two 
percent (2%) to three percent (3%) of its gross annual income. The NTC is hereby 
authorized and empowered to impose such fine, after due notice and hearing. 
(b) An entity who fails to substantially comply with the NTC's performance standards 
for three (3) consecutive years shall, subject to due process, be removed from the 
registry of registered data transmission industry participants and shall be prohibited 
from rendering data transmission services.  
(c) Any data transmission industry participant who engages in the prohibited acts 
under Section of this Act or fails to comply with the performance standards set by the 
NTC shall suffer a minimum penalty of a fine of not less than Five  hundred thousand 
pesos (P500,000.00) but not more than Five million pesos (P5,000,000.00) for every 
day that the violation continues until the participant fully complies: Provided, That if 
the data transmission industry participant has a gross annual income not exceeding 
Ten million pesos (P10,000,000.00), the penalty that may be imposed shall be 
equivalent to two percent (2%) to three percent (3%) of its gross annual income. In 
cases of anti-competitive cross-subsidization, the imposable penalties are those 
provided under Republic Act No. 10667. 


 
 
(d) A data transmission industry participant violating any provision of this Act shall 
forfeit all certificates, licenses, authorizations, rights, and awards Issued to it in 
relation to its participation in the data transmission Industry. 
(e) Any other violations not specifically penalized under the relevant provisions of this 
Act shall be penalized by a fine of not less than two hundred thousand pesos 
(P200,000.00) and not more than two million pesos (P2,000,000.00) 
 
SECTION 15. 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 DATA TRANSMISSION SERVICE USERS AND RESPONSIBILITIES OF 
DATA TRANSMISSION SERVICE PROVIDERS 
 
SECTION 16. RIGHTS OF END USERS. — The user of data transmission services shall 
have the following basic rights: 
 
(a) To be entitled to data transmission services which is nondiscriminatory, reliable, 
and conforming with minimum standards set by the NTC; 
(b) To be rendered data transmission services within two (2) months from application 
for service; 
(c) Regular, timely and accurate billing, courteous and efficient service at business 
offices and by company personnel; 
(d) Timely correction of errors in billing and the Immediate provision of rebates or 
refunds by the data transmission service provider without the need for demand by the 
user; and 
(e) Thorough and prompt investigation of, and action upon complaints. The data 
transmission service provider shall endeavor to allow complaints to be received by any 
means convenient to the end user, including voice calls, post, short messaging service 
(SMS), multi-media messages (MMS) 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 data service provider, 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 NTC. 
 
CHAPTER VI  
FINAL PROVISIONS 
 
SECTION 17. EXPEDITED PROCESSING. — In all instances where a participant in 
the data transmission industry shall require a form, certificate, or request from any 
government agency or local government unit (LGU), there should be no more than two 
(2) public officers involved in processing the form, certificate, or request. 
Processing fees and certifications required for the deployment of any segment of data 
transmission networks shall be limited to those identified by the DICT. The DICT shall 
coordinate with the concerned national government agencies and LGUs and conduct 
the necessary consultations with civil society organizations and other stakeholder 
groups, for the development of the implementing rules and policies to minimize the 
administrative burden of permitting and certification processes. 
SECTION 18. IMPLEMENTING RULES AND REGULATIONS. — Within sixty (60) 
days from the effectivity of this Act, the NTC shall promulgate the necessary 
rules and regulations for its effective implementation. 
SECTION 19. JOINT CONGRESSIONAL OVERSIGHT COMMITTEE ON OPEN 
ACCESS IN DATA TRANSMISSION. — There shall be created a Joint Congressional 
Oversight Committee on Open Access in Data Transmission (JOCOCOADT) which shall 
monitor and ensure the effective implementation of this Act. It shall determine 
weaknesses and loopholes in the law, recommend the necessary remedial legislation or 
administrative measures and perform such other duties and functions as may be 
necessary to attain the objectives of this Act. 
The JCOCOADT shall be composed of five (5) members from the Senate and five (5) 
members 19 from the House of Representatives, in addition to the Chairperson of the 
Senate Committee on Science and Technology and the Chairperson of the House of 
Representatives Committee on Information and Communications Technology: 


 
 
Provided, That two (2) members of each chamber's nominees shall come from the ranks 
of the minority party/bloc. 
The Chairperson of the Senate Committee on Science and Technology and the 
Chairperson of the House of Representatives Committee on Information and 
Communications Technology shall act as Co-chairpersons of the JCOCOADT. 'The 
ranking minority members nominated by both the Senate and the House of 
Representatives shall act as Co-Vice Chairpersons. 
  
The Secretariat of the JCOCOADT shall come from the existing Secretariat personnel 
of the Committee on Science and Technology of the Senate and the Committee on 
Information and Communications Technology of the House of Representatives. The 
JCOCOADT shall have its own independent counsel. 
 
The (JCOCOAT) shall exist for a period not exceeding five (5) years from the effectivity 
of this Act. Thereafter, its oversight functions shall be exercised by the Senate 
Committee on Science and Technology and the House of Representatives Committee 
on Information and Communications Technology, acting separately. 
 
SECTION 20. SEPARABILITY CLAUSE. — Should any provision herein be declared 
unconstitutional, the other provisions not affected shall remain in full force and effect. 
 
SECTION 21. 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. 
 
SECTION. 22. EFFECTIVITY. — This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation. 
Approved.