Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
Third Regular Session

6467

HOUSE BILL NO.

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

As stipulated in the 1987 Philippine Constitution, Article II, Section
24, clearly provides:

“The State recognizes the vital role of communication and
information in nation building”

With the advent of mobile and cellular phones in the early 1980s,
people made and received telephone calls without being tied to a specific
location. This technological innovation made all transactions easy, faster
and affordable.

Mobile and cellular phone have become an essential part of many
Filipinos lives with the number of mobile phone users increasing daily.
However, cellular phone companies have failed to cope with the
increasing demand for cellular phone services and the National
Telecommunications Commission (NTC) has received numerous
complaints on poor and sometimes “fraudulent” services of these
companies.

This bill seeks to establish minimum standards regarding the quality
of wireless telephone service and to monitor complaints regarding such

service.

REP. JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
Third Regular Session

6467
HOUSE BILL NO. 646

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

AN ACT TO ESTABLISH MINIMUM STANDARDS REGARDING THE
QUALITY OF WIRELESS TELEPHONE SERVICE AND TO MONITOR
COMPLAINTS REGARDING SUCH SERVICE

Be it enacted by the Senate and the House of Representatives of
the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Cell Phone
Subscriber Protection Act of 2012”.

SECTION 2. Declaration of Policy. - It is the policy of the State to
recognize the vital role of communication and information in nation-
building.

SECTION 3. Definition. - As used in this Act, the term:

(A) “Public Telecommunication Entity” or “PTE” means any person,
firm, partnership or corporation, government or private, engaged
in the provision of telecommunications services to the public for
compensation; and

(B) “Commission” means the National Telecommunications
Commission.

SECTION 4. Establishment of Standards Regarding Quality of
Commercial Mobile Service and Monitoring of Complaints Regarding Such
Service. -

(A) _In General. - The Commission shall, by regulation, establish such
requirements as the Commission considers appropriate to ensure
that Public Telecommunications Entities meet minimum
standards regarding the quality and performance of such service,


(B)

(©)

which shall include standards regarding connection, reception
and billing practices.

Complaint System. -

c9)

2)

(3)

(4)

Establishment. - The Commission shall establish and
administer a system that makes available a procedure for
any subscriber of a commercial mobile service to register a

complaint regarding the quality or performance of the
service.

Toll Free Number. - Such system shall include
establishment of a toll-free number applicable to
commercial mobile services for reporting a complaint.

Records. - The Commission shall maintain a record of each
complaint made under the system established pursuant to
this Act.

Notice. - The Commission shall require each Public
Telecommunications Entity of commercial mobile service to
include, in each subscriber's bill for such service, a
statement informing the subscriber that a complaint
regarding the quality or performance of the service may be
registered with the Commission and providing the toll-free
number under subparagraph (2) and an address for
mailing a complaint. The Commission shall take such other
actions as may be appropriate to publicize the availability
of the complaint system to subscribers of commercial
mobile services.

Reporting of Complaints to Congress. ~ Every six (6) months, the
Commission shall submit a report to the Congress regarding
complaints received under the complaint system required under
paragraph (B), which shall -

@

(2)

Indicate the number of complaints received, during the
period for which the report is made, regarding the service
of the Public Telecommunications Entity for which a
complaint is made; and

Indicate the types of complaints received during such
period, including complaints regarding dead spots, dropped
calls, network busy signals, and improper billing practices,
and the number of each type of complaint received during
such period.


Upon submission to the Congress of each report under this
subparagraph, the Commission shall make such report
publicly through publication in at least two (2) newspapers
of general circulation.

(D) Effect on Consumer Protection Laws. — This paragraph may not
be construed as relieving any Public Telecommunications Entities
from the obligation to comply with any law, presidential decree
or issuance, executive order, letter of instruction, administrative
order, rule or regulation relating to consumer protection or unfair
trade.

(E) Rules and Regulations. - The Commission shall prescribe such
regulations as may be necessary to carry out the provisions of
this Act.

SECTION 5. Separability Clause. - If any provision or part hereof is
held invalid or unconstitutional, the remainder of the law of the provision
not otherwise affected shall remain valid and subsisting.

SECTION 6. Repealing Clause. - Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order, rule
or regulation contrary to, or inconsistent with, the provisions of this Act is
hereby repealed, modified, or amended accordingly.

SECTION 7. Effectivity Clause. This Act shall take effect fifteen (15)

days after its publication in at least two (2) newspapers of general
circulation.

Approved,