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NINETEENTH CONGRESS
First Regular Session

House BiLLNo. __§

Introduced by Representatives FERDINAND MARTIN G. ROMUALDEZ,
YEDDA MARIE K. ROMUALDEZ and JUDE A. ACIDRE

EXPLANATORY NOTE

In today’s day and age, the world grows more and more dependent on information and
communications technology (ICT) related services like the internet, Unfortunately, it is no secret that our
country suffers from slow internet speeds. Compounded by the fact that aside from its snail-paced speeds,
the Philippines is among the costliest in the world

Underdeveloped ICT infrastructure coupled with the growing demand for more data and higher
bandwidth result in inefficient services that cost people’s time and money. In the latest ranking made by
the World Economic Forum the Philippines shows the significant drop of position and among the factors
linked to this is the supposedly poor competitiveness of the country’s ICT infrastructures,

This bill seeks to lay the foundation of a framework that will promulgate rules and standards to
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

Likewise, the bill proposes to establish a strong and independent regulatory system and body to
create an environment within the data transmission industry that is conducive to open, fair and
innovation-propelled competition and shall encourage investments in the development of digital
infrastructure of the country. Moreover, the proposed bill mandates interconnection among data
transmission participants to avoid dominance by a single player or by a group of data providers.

Further, the bill clarifies the role of the National Telecommunications Commission to maximize
the utilization of radio spectrum resources in the allocation and assignment of such finite resources in the
transmission of data, by ensuring that spectrum is made available for the use of all registered data
transmission industry participants and gives NTC additional power to promote a more conducive
environment for data networks.



We acknowledge the Chairperson of the Committee on Information and Communications
Technology in the 17" and 18" Congresses, Rep. Victor Yap, for originally filing the proposed bill which
was approved by the House of Representatives on 3” Reading and was transmitted to the Senate during
the said last two Congresses

In view of the foregoing, immediate approval of this bill is earnestly sought.

RDINA’ ‘TIN G9ROMUALDEZ
Representative
First District, Leyte

IE K, ROMUALDEZ
Representative
Party-List, Tingog Sinirangan

JUDE/¥. ACIDRE


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

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO 8

Introduced by Representatives FERDINAND MARTIN G. ROMUALDEZ,
YEDDA MARIE K. ROMUALDEZ and JUDE A. ACIDRE

AN ACT
PROMOTING OPEN ACCESS IN DATA TRANSMISSION AND PROVIDING
ADDITIONAL POWERS TO THE NATIONAL TELECOMMUNICATIONS
COMMISSION

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”.

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 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;

(®) 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;

(©) Encourage investments in the digital infrastructure development in the country;

(@ Adopt and ensure open access in the regulation of the data transmission industry;


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(©) Protect the public interest as itis affected by its ability to access data networks;

(Establish a strong and independent regulatory body and system to ensure and enhance fair
competition in the data transmission industry;

@ 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;

(hb) Encourage infrastructure sharing and co-location in order to promote network investment,
eliminate the uneconomic duplication of infrastructure facilities, and strengthen competition; and

(@ Ensure efficient and transparent management of the radio frequency spectrum, especially
those utilized in the delivery of data transmission services.

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;

(©) Content refers to, among others, texts, images, audios, videos, and animations that are carried
over the broadband/internet network;

(@)_ Comox Backbone Network refers to the main line including international connection, that ties
networks, delivers routes to exchange information among various subnetworks, connects regional
distribution networks and, in some instances, provides connectivity to other peer networks;

(©) Data transmission refers to the process of sending digital or digitized 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, point-to-multipoint and
multipoint-to-multipoint environments. The term data transmission includes the provision of Voice
over Internet Protocol (VoIP) services but does not include the provision of basic telephone services;

() 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 (PTEs) that offer data transmission services as defined
under Republic Act No.7925, otherwise known as the “Public Telecommunications Policy Act of the
Philippines”;

(@ International gateway ox 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;

@ Middle mile refers to the segment of data transmission network that links the last mile network


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to the core or backbone network;

@) Open access refers to the system of allowing the use of data transmission or
distribution systems and associated facilities subject to fair, reasonable, and
nondiscriminatory terms in a transparent market;

(&) 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,
cither in exchange for consideration (monetary or otherwise) from a third party, or to benefit an
affiliated entity;

) Voice over Internet Protocol (VoIP) service refers to the provision of voice communication using
Internet Protocol (IP) technology; and

(mn) Passive infrastructure collectively refer to telecommunication towers, poles, cable entrances,
duets, 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

SEC. 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. PTEs 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.

SEC. 5. Registration and Certification. — Ail 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:

(@ 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


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promotion of market competition, develop a set of criteria for qualifying 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.

() 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
cettificate 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 7 of this Act.

(©) 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

SEC. 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;

(&) Adopt a technology-neutral framework that allows data transmission industry participants
to use any available technology to provide service;

(©) 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;


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(@) Mandate transparency in pricing and the publication of pricing information to ensure fair
trading within and between cach data transmission segment so as to allow clear, comparative
information on market prices and services;

(©) Mandate interconnection so that data transmission industry participants can connect to
cach 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;

(® Promulgate policies that will encourage distributed local solutions rather than centralized
ones, encouraging services that are closer to the user;

(®) 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;

(@ Publish a Spectrum Management Framework to be developed together with the DICT and
the PCC; and

() Collect the necessary Supervision and Regulation Fee (SRF) and Spectrum User Fee (SUF),
and other relevant fees as provided by law.

SEC. 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:

(@)_ 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
reallocation shall be posted in the NIC 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
self is the

applicants for spectrum assignment, joint use and recall, including where the NTC
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;

(©). The NTC shall avoid the concentration of spectrum resources in the hands ofa few players


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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”;

(@ 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;

(© 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 proprio 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

() ‘The NTC shall ensure that the allocation, reallocation, 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 NIC and the
concerned party or parties to a spectrum allocation, reallocation, assignment, reassignment,
reclassification, joint use or co-use, and recall.

SEC. 8. Setting Performance Standards. — The NTC shall:

(@) 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


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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;

(©) 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;

(@ 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;

(© Any person, or the NTC itself, may, motu propria, file a petition to penalize any data
published

transmission industry participant for failure to deliver service according to the NT
performance standard and to require rectification of such noncompliance; and

(® Measure the performance of the data industry participants quarterly and publish the results
of its assessment in its website.

SEC. 9. Arms-length Transactions and Transparency. — The NTC shall:

(a) Publish and make available in print and online formats all aspects of spectrum use
information, including the National Radio Frequency Allocation Table (NRFAT), 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 2 publicly accessible archive of their rates.

SEC. 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 are
climinated to make the industry highly competitive. To this end, within thirty (30) days from the


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effectivity of this Act, the PCC and the 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.

SEC. 11. Technological Neutrality. — ‘The NYC shall ensure that the provisions of this Act
apply, mutatis mutandis, to future technologies in data transmission.

SEC. 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:

(@ 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 secker’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;

(©) as far as possible, deployed together with roadworks, pipe-laying, and other infrastructure
development by both government and private entities; and

(@ 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.


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‘The DICT and the 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
updated annually, shall include the exact location, ownership, technical specifications, and other

relevant information about the facility.

CHAPTER IV
PROHIBITED ACTS

SEC. 13. Prohibited Acts, - The following acts are prohibited:

(@) 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;

(© 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.

Itshall 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


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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 data transmission industry participant;

(@ Refusal to Give Information. ~ It shall be prohibited for any data transmission industry
participant, including PTEs with regard to its network and facilities, to refuse or fail to make available
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
the efficient provision of their services; and

(©) 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.

SEC. 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.

(@) 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 One hundred
thousand pesos (P100,000.00) 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 one percent (1%) to
two percent (2%) of its gross annual income. The NTC is hereby authorized and empowered to
impose such fine, after due notice and hearing.

(®) 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.

(©) Any data transmission industry participant who engages in the prohibited acts under Section
12 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 Three hundred thousand pesos (P300,000.00) 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 one percent (1%) to two percent (2%) of its gross annual income. In cases of anti-competitive

cross-subsidization, the imposable penalties are those provided under Republic Act No. 10667.

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(@ 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.

(© Any other violations not specifically penalized under the relevant provisions of this Act shall
be penalized by a fine of not less than Fifty thousand pesos (P50,000.00) and not more than ‘Two
million pesos (P2,000,000.00).

SEC. 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

SEC. 16. Rights of End Users. ~ The user of data transmission services shall have the
following basic rights:

(@ To be entitled to data transmission services which is nondiscriminatory, reliable, and
conforming with minimum standards set by the NTC;

(6) To be rendered data transmission services within two (2) months from application for
service;

(© Regular, timely and accurate billing, courteous and efficient service at business offices and
by company personnel;

(@ 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

(©) 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

SEC. 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

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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.

SEC. 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.

SEC. 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 JCOCOADT) 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
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 Cochairpersons of the JCOCOADT. The ranking minority members nominated by both the Senate
and the House of Representatives shall act as CoVice 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 JCOCOADT 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.

SEC. 20. Separability Clause. ~ Should any provision herein be declared unconstitutional, the
other provisions not affected shall remain in full force and effect.

SEC. 21. Repealing Clause. - All laws, decrees, orders, rules and regulations or other

issuances or parts inconsistent with the provisions of this Act are heteby repealed, amended or

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1 modified accordingly.
2 SEC. 22. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
3 Offical Gazette or in a newspaper of general circulation.

Approved.

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