Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL No. _______ 
---------------------------------------------------------------------------------------------------------------- 
Introduced by HONORABLE ERNESTO “ERNIX” M. DIONISIO, JR. 
---------------------------------------------------------------------------------------------------------------- 
AN ACT 
PROMOTING OPEN ACCESS IN INTERNET SERVICES AND FOR OTHER 
PURPOSES 
EXPLANATORY NOTE 
Despite continued improvements, the internet in the Philippines continues to be 
slower, more expensive, and less accessible compared to peers in the region and 
around the world.  
Philippine Internet is the second-most expensive in ASEAN and has continued 
to slide down the rankings of the Alliance for Affordable Internet’s (A4AI) Affordability 
Drivers Index, even as Internet services in neighboring countries have gotten 
cheaper.1 As a result of the poor and low-quality access to the Internet among many, 
especially in the countryside Filipinos are the slowest adopter of e-commerce in 
Southeast Asia.2 
The poor state of Internet connectivity has also significantly affected the growth 
and global competitiveness of the Philippines’ digital firms: World Bank’s June 2022 
Philippine Economic Update reports that the number of digital firms in the country that 
use ICT for back-end systems for better productivity trail that of Vietnam, Malaysia, 
and Cambodia. 
These problems with Philippine Internet are rooted in the poor state of the 
country’s internet infrastructure – a product of a market where barriers to entry remain 
high and inefficiencies in network rollout continue to stunt the development of the 
digital infrastructure. 
With the COVID-19 pandemic thrusting socio-economic life in the digital age, it 
is high time to adopt a framework that will pull the country out of the analog era and 
1 Based on comparative 2016 and 2021 A4AI Affordability Report, https://a4ai.org/affordability-report/report/2021/ and 
https://a4ai.org/affordability-report/report/2015/  
2 Based on Google’s e-Conomy SEA 2021 report, 
file:///D:/Files/Downloads/__qs_documents_12741_economy_sea_2021_report.pdf   
October 7, 2022
9:00 am
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away from outdated policies and regulations. Under these outdated rules, Filipinos 
have little to no access to the variety of Internet technologies and services available 
today.  
 
A change in the legal framework is necessary to empower different types of 
Internet service providers, and address what the World Bank has described as “market 
failures in the provision of digital infrastructure.”3  
 
The legal framework proposed in this bill will improve competition and 
encourage a diversity of technologies and business models for Internet access and 
services. Open access will simplify the entry of industry players and empower even 
small service providers to build and operate their own networks, complementing the 
existing infrastructure of network providers to reach almost half of the population living 
in rural areas. 
 
This bill proposes to: 
• Provide for an expedited administrative process for the qualification and 
registration of Internet network and service providers; 
• Encourage infrastructure sharing and efficient deployment of Internet 
infrastructure; 
• Promote the rights of end users and provide protections and recourse to 
consumers; and 
• Clarify the responsibilities and of the Department of Information and 
Communications Technology (DICT) and National Telecommunications 
Commission (NTC), and empower them to fulfill the objectives of this bill. 
 
As the world continues inexorably toward a digital future, this bill is an essential 
step for bringing all Filipinos online and transforming the country into a truly connected, 
globally competitive economy.  
 
In light of these, the swift passage of this bill is earnestly sought. 
 
 
 
 
 
 
 
3 From the World Bank’s Philippine Digital Economy Report 2020, 
https://documents1.worldbank.org/curated/en/796871601650398190/pdf/Philippines-Digital-Economy-Report-2020-A-Better-
Normal-Under-COVID-19-Digitalizing-the-Philippine-Economy-Now.pdf  


Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL No. _______ 
---------------------------------------------------------------------------------------------------------------- 
Introduced by HONORABLE ERNESTO “ERNIX” M. DIONISIO, JR. 
---------------------------------------------------------------------------------------------------------------- 
AN ACT 
PROMOTING OPEN ACCESS IN INTERNET SERVICES 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 
Internet Services Act”. 
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 digital infrastructure, 
particularly the Internet, as the foundation of the country’s digital transformation. It 
shall promote the construction and development of reliable, affordable, secure, open 
and accessible Internet networks, especially in unserved and underserved areas. 
Moreover, the State shall remove barriers to competition in the provision of 
Internet services and create an entrepreneurial ecosystem where persons who wish 
to engage in the Internet service industry can compete openly and freely in the spirit 
of fair competition and permission-less innovation. The State shall promulgate policies 
that require Internet networks to adhere to globally competitive standards for speed 
and quality.  
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; 
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(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 Internet network;  
 
(d) International gateway or cable landing station refers to a segment of the 
Internet network that consists of any facility that provides an interface to send and 
receive Internet traffic between one country’s domestic network facilities and those in 
another country;  
 
(e) Internet is a global network connecting computers and electronic devices 
that allows people to access and share information and communicate from anywhere 
with an Internet service; 
 
(f) Internet access refers to the ability of individuals, households, and 
organizations to connect to the Internet using any connection method or technology; 
 
(g) Internet network refers to any and all types of facilities, equipment, or 
infrastructure for the construction, propagation, administration, operation, and/or 
maintenance of a network for Internet connectivity using any technologies, devices, 
and equipment, as well as their accessions and accessories. The Internet network is 
composed of various interconnected segments, which are interconnected in order to 
provide Internet service to the end user; 
 
(h) Internet service refers to a service that provides a means for accessing or 
using the Internet over any connection method or technology. Internet service can 
refer to the provision of: (1) Internet network service or (2) Internet access service.  
 
(i) Internet service provider (ISP) refers to any person, firm, partnership or 
corporation, government or private, engaged in the provision of Internet services. An 
ISP can provide an Internet network service and/or Internet access service; 
 
(j) Passive infrastructure collectively refers to towers, poles, cable entrances, 
ducts, dark fiber, 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 
Internet services. Passive infrastructure is a component of the Internet network; and 
 
(k) Peering refers to a process where Internet networks connect directly and 
exchange traffic between their users, mostly on a settlement-free basis where neither 
ISP pays for the exchange. Peering can be done through an Internet exchange point 
(IXP). 
 
CHAPTER II 
Organization and Operation of the Internet Service Industry 
 
Section 4. Scope. — This Act applies to any person or entity who participates 
in the Internet service industry. Any person or entity whose business deals with the 


provision of Internet network and Internet access services 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 or cellular mobile telephone service (CMTS) 
provider, as defined in the Public Telecommunications Policy Act of the Philippines or 
Republic Act No. 7925, and which also provide Internet services, shall likewise be 
subject to the provisions of this Act with respect to the Internet services they provide 
and the interconnection to their networks that they extend to the participants of the 
Internet service industry. 
 
Section 5. Registration and Certification. — All segments of the Internet 
network shall be competitive and open. Notwithstanding the provisions of this Act or 
any other law, the following registration and certification shall apply to the Internet 
service industry:  
(a) All Internet service providers (ISP) shall be required to register with the National 
Telecommunications Commission (NTC).  
(b) ISPs who wish to offer Internet network services shall apply and submit their 
network plans to the NTC who shall decide, using an administrative process, 
not more than sixty (60) days from the receipt of the application. 
(c) Those who will operate an international cable landing station shall secure a 
legislative franchise.  
(d) Unless they will operate an international cable landing station, ISPs shall not 
be required to secure a legislative franchise, Provisional Authority, or a 
Certificate of Public Convenience and Necessity or CPCN from the NTC in 
order to build, install, operate, and render Internet network and Internet access 
services. However, if they operate an international cable landing station, then 
they need to comply with the requirements of this Act.  
(e) ISPs shall be required to comply with globally accepted minimum information 
security standards, as prescribed by the Department of Information and 
Communications Technology (DICT).  
 
 
CHAPTER III 
Regulation of the Internet Service Industry 
 
Section 6. Open Access Approach to the Regulation of the Internet 
Service Industry. — The DICT shall be principally responsible for promulgating 
policies that shall be the basis for the regulation of the Internet service industry. The 
NTC shall be charged with implementing the policies of the DICT, maintaining the 
registry of ISPs, and handling complaints for violations of this Act. 
 
Section 7. DICT’s Mandate for the Development of the Internet Service 
Industry – The DICT shall:  
(a) Be responsible for policy and standard-setting that will promote the 
development and propagation of Internet services, especially in the 
underserved and unserved areas;  
(b) Require the NTC to provide for an efficient and speedy administrative process 
in the registration of ISPs and to publish an updated database of registered 
ISPs annually, which shall include the exact location, ownership, technical 
specifications, and other relevant information about the ISP’s facility. This 


database may be made available to interested parties via a Freedom of 
Information request;  
(c) Develop a set of criteria for qualifying ISPs that will encourage the widest 
possible participation of as many industry players as possible who will build, 
operate, and offer Internet services in all segments of the network and to end 
users in different parts of the country; 
(d) Require the NTC to publish on its website an updated list of resources that can 
support the development of Internet networks, the National Radio Frequency 
Allocation Table (NRFAT) with the frequency assignments. 
(e) Adopt a technology-neutral framework that allows ISPs to use any technology, 
whether existing today or available in the future, for providing Internet service;  
(f) Mandate transparency in pricing and the publication of pricing information of 
ISPs to ensure fair trading within and between each Internet network segment 
so as to allow clear, comparative information on market prices and services;  
(g) Promote peering so that ISPs can connect to each other at the various 
segments and interfaces, preferably through a carrier-neutral Internet 
exchange point (IXP);  
(h) Promulgate policies that will encourage distributed local solutions rather than 
centralized ones, encouraging services that are closer to the user;  
(i) Promulgate, together with the Philippine Competition Commission (PCC), rules 
promoting fair and open competition and defining and regulating entities with 
substantial market power. The PCC and the DICT shall ensure that the 
principles and policies enshrined under the Philippine Competition Act are 
strictly adhered to in the Internet services 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 eliminated to make 
the industry highly competitive. To this end, within thirty (30) days from the 
effectivity of this Act, the PCC and the DICT shall enter into an agreement to 
foster 
and 
develop 
interagency 
cooperation 
mechanisms, 
including 
information-sharing tools, that guide them in the performance of their respective 
mandates, and in the promotion of fair competition in the Internet service 
industry. 
(j) Promulgate, together with the Anti-Red Tape Authority (ARTA) and other 
relevant government agencies, rules, policies, and regulations that mandate the 
streamlining and fast-tracking of the approval process by national government 
agencies, local government units, homeowners’ associations, and premises 
and estate management, such as building administrators and estate managers 
for permits, registrations, forms, certificates, requests or other requirements for 
the installation and deployment of Internet networks, including passive 
infrastructure for various types of networks, in accordance with the provisions 
of Republic Act No, 11032 also known as the Ease of Doing Business Act, or 
its amendments or future iterations. 
 
Section 8. Setting Performance Standards. - The DICT, in coordination with 
the NTC, shall prescribe performance standards for ISPs, after public consultation and 
hearings within six (6) months from the effectivity of this Act. It shall review and at least 
once a year and as necessary upgrade performance standards imposed on the 
Internet service industry to ensure that performance standard, at a minimum, be at par 
with service levels established in regional Internet service performance indices and 


aligned with international best practices. Such standards shall take into account 
service availability, speed, packet loss, jitter, and latency.  
 
Section 9. Infrastructure Sharing, Right of Way, and Co-location. — The 
DICT, in coordination with the NTC, ARTA, the Department of Public Works and 
Highways (DPWH), and other relevant government agencies, and after consultation 
with stakeholders, shall within one hundred eighty (180) days from the effectivity of 
this Act, promulgate policies, rules, and regulations to ensure that passive 
infrastructure, whether existing or built in the future, necessary or capable of 
supporting Internet 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.  
(b) built not only in the city centers, but most especially in the remote, unserved, 
and underserved areas in order for both existing and new players to extend 
Internet services 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 Internet network deployment.  
 
For purposes of Internet services, the NTC shall, in case of a dispute arising 
from an infrastructure-sharing agreement: (1) mediate between an ISP and an 
infrastructure owner, and (2) serve as the primary enforcer of this provision.  
 
The DICT, in coordination with the PCC, shall ensure a level-playing field and 
price nondiscrimination among ISPs and network facility and infrastructure owners.  
 
The DICT, in coordination with 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 Internet service industry players in order for them 
to provide service.  
 
The DICT, in coordination with NTC and relevant government agencies, shall 
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. 
 
CHAPTER IV 
Prohibited Acts 
 
Section 10. Prohibited Acts. — The following acts are prohibited:  
 


(a) Refusal to Plug and Play. - Any ISP, insofar as such person is so engaged, 
shall not refuse access to infrastructure to any other ISP, except for failure to pay open 
market fees for the access to the service. ISPs 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 Internet service.  
 
Agreements between ISPs and end users on commercial and technical 
conditions and the characteristics of Internet access services such as price, data 
volume or speed, and any commercial practices conducted by Internet access service 
providers shall not limit the exercise of the rights of end users laid down in the 
preceding paragraph;  
 
(b) Throttling. —An ISP shall treat all traffic equally when providing Internet 
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 an ISP 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 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 ISP;  
 
(c) Refusal to Give Information. — It shall be prohibited for any ISP, including 
PTEs with regard to its network and facilities, to refuse or fail to make available on a 
timely basis, to the other ISPs who interconnect with or get bandwidth from them, the 
technical information about their essential facilities or network facilities and 
commercially relevant information that are necessary for the efficient provision of 
services; and  
 
(d) Anti-competitive Cross-subsidization. – ISPs shall maintain separate books 
of accounts between different Internet network 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 PCC for proper determination and action, in accordance with the provisions of 
Republic Act No. 10667 also known as the Philippine Competition Act. Nothing herein 
shall prevent interconnecting networks from charging the appropriate cost-based 
compensation for the use of interconnection facilities.  
 
Section 11. Administrative Penalties. – Any person who fails to comply with 
the provisions of this Act shall be imposed a minimum penalty of a fine of not less than 
One hundred thousand pesos (P100,000.00) day for every day during which such 
default or violation continues, until the participant fully complies: Provided, that the 
maximum penalty under this provision shall not exceed Five million pesos 


(P5,000,000.00) for a single violation; and provided further, That if the ISP  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.  
 
Section 12. 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 Internet Service Users and Responsibilities of Internet Service 
Providers 
 
Section 13. Rights of End Users. – The user of Internet services shall have 
the following basic rights:  
(a) To be entitled to Internet services which is non-discriminatory, reliable, and 
conforming with minimum standards set by the DICT and enforced by the NTC;  
(b) To be rendered Internet services within two (2) months from application for 
service;  
(c) Regular, timely, and accurate billing, courteous and efficient service at 
business offices and online platforms, and by company personnel and 
contractors;  
(d) Timely correction of errors in billing and prepaid load credits and the immediate 
provision of rebates or refunds by the ISP without the need for demand by the 
user; and 
(e) Thorough and prompt investigation of, and action upon complaints. The ISP 
shall endeavor to allow complaints to be received by any means convenient to 
the end user, including voice calls, posts, short messaging service (SMS), 
Instant messaging apps, 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 ISP, 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 DICT and enforced by the NTC.  
 
CHAPTER VI 
Final Provisions 
 
Section 14. Implementing Rules and Regulations. — Within sixty (60) days 
from the effectivity of this Act, the DICT, in coordination with the NTC, shall promulgate 
the necessary rules and regulations for its effective implementation.  
 
Section 15. Separability Clause. – Should any provision herein be declared 
unconstitutional, the other provisions not affected shall remain in full force and effect.  
 


Section 16. 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 17. Effectivity. – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation. 
 
Approved.