'. 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENAT]l 
S.B.No. 3474 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
9 
OCT -7 P -1 :10 
Since 1997, wireless telephone service has expanded greatly. Once a luxury used 
by few, now more than thirty five million Filipino's use wireless telephone service. Many 
wireless telephone consumers have themselves experienced examples of widespread and 
systematic consumer abuses regarding the terms and conditions of wireless telephone 
service, poor service quality, billing errors, termination of service, and lack of effective 
procedures for redress of consumer grievances. 
More consumers than ever are buying wireless phones for business and personal 
use. With the increased competition between telecommunications companies throughout 
the Country, wireless phones have become much less expensive and much more 
accessible. The use of wireless phones have become so integral in some people's lives 
that they can no longer imagine living without them. Some consumers are even opting to 
keep a wireless phone as the primary phone line of their households. Although many 
consumers are content with the wireless phones and service contract, the increasing 
number of consumer complaints on the subject caunot be doubted 
The proposed legislation realizes the growing importance of wireless telephone 
service and establishes the basic consumer rights and remedies that apply equally to all 
providers, so that competition can evolve on a level playing field. 
,.~~ 
~ .. 
~lRIAM DEF 
SOR SANTI 
0 


I 
2 
3 
j ... ; 
f 
, 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
Introduced by Senator Miriam Defensor Santiago 
THE 
WIRELESS TELEPHONE 
CONSUMER PROTECTION ACT OF 2009 
9 
OCT -7 P4 :10 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
4 
SECTION 1. Title. .- This Act shall be known as the "Wireless Telephone 
5 
Consumer Protection Act of 2009" . 
6 
SECTION 2. Definitions. - Fot purposes of this Act, the following definitions 
7 
shall apply: 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
a) "Commission" - means the National Telecommunications Commission 
(NTC). 
b) "Internet" - means The shared global computing network. A network 
based on standards including Internet Protocol (IP), Simple Mail 
Transfer Protocol (SMTP) and the Domain Name System (DNS), 
which enables global communications between all connected 
computing devices. It provides the platform for web services and 
the World Wide Web. 
c) "Wireless telephone service" - means commercial mobile radio service. 
d) "Wireless telephone service provider" or "provider" - means any entity 
that provides wireless telephone service in the country. 
e) "Wireless telephone number information" - means the telephone number, 
electronic address and any other identifying information by which 
a calling· party may reach a subscriber to commercial mobile 
services, and which is assigned by a wireless telephone service 
provider to such subscriber. 
1 


24 
SECTION 3. Information Requirement. - Within 180 days following the effective 
25 
date of this act, the Commission shall adopt rules and regulations requiring that any 
26 
publication, including publication on the Internet, of a wireless telephone service 
27 
provider concerning the terms of its plans or contracts for wireless telephone service shall 
28 
set forth, in a plain and conspicuous manner, the following information: 
29 
(1) Information on charges, including the originating location of 
30 
the call, monthly base charge, per-minute charges for minutes not included 
31 
in the plan, and the method of calculating minutes charged; 
32 
(2) Information on the minutes included in the plan, including 
33 
allowable minutes during daytime on weekdays, allowable minutes during 
34 
nights and weekends, or any other differing charges for long-distance, 
35 
roaming, incoming and directory assistance; 
36 
(3) Information on plan or contract terms, including length of 
37 
contract, early or other termination fees, trial periods, and start-up fees; 
38 
(4) Information on taxes to be collected by the provider for, 
39 
and paid to the national, local, or other governmental agency; 
40 
(5) Information on surcharges imposed by the provider for the 
41 
costs of compliance with regulations or for other purposes; and 
42 
(6) Any other information that the Commission considers 
43 
appropriate to ensure that consumers of wireless telephone service are 
44 
fully informed of the terms of the plan or contract. 
45 
The Wireless telephone service providers shaH provide the information required 
46 
by this section to a consumer prior to entering into any contract with a consumer for 
47 
wireless telephone service. 
48 
SECTION 4. Information on Service Coverage, - Each wireless telephone service 
49 
provider shall make available maps showing the wireless telephone service area of such 
50 
provider and the wireless telephone service area of such provider within the country. 
51 
Such maps shall contain the maximum practicable level of granularity and shall be 
52 
updated quarterly. 
2 


53 
Each map of a service area required under subsection a. of this section shall be 
54 
provided to a consumer: 
55 
(1) upon the request of the consumer; and 
56 
(2) whenever a plan or contract for the service is entered into. 
57 
Each map of a service area required under subsection a. of this section shall be 
58 
available: 
59 
(I) on the Internet website of the provider concerned; and 
60 
(2) on the Internet website ofthe Commission. 
61 
SECTION 5. Monitoring. -The Commission shall monitor the quality of wireless 
62 
teler-hone service providers based on.the following standards: 
63 
(I) dropped calls; 
64 
(2) blocked calls; 
65 
(3) known coverage gaps (including average signal strength) or dead zones; 
66 
(4) predicted street level signal strength; and 
67 
(5) any other matters the Commission considers appropriate. 
68 
In monitoring the quality of wireless telephone service under subsection a. of this 
69 
section, the Commission shall establish an Internet website which allows the public to 
70 
submit their comments and views to the Commission on the quality of such service. The 
71 
Commission shall also accept written complaints by mail. 
72 
SECTION 6. Availability, of Information. -The Commission shall make 
73 
information available to wireless telephone service providers and the public on a 
74 
semiannual basis concerning the quality of wireless telephone service of the provider. 
75 
SECTION 7. Extension of Contract, - An extension of a contract for wireless 
76 
telephone service shall not be valid llnless the extension of the contract is in writing and 
77 
is signed by the subscriber, or confirmed in writing and signed by the subscriber within 
78 
seven days ofreceipt by the subscrib,er. 
79 
SECTION 8, Notice on Change of Terms. - A wireless telephone service provider 
80 
shall provide subscribers with written notice of any change in rates, terms, or conditions 
81 
of service at least 30 days before the change is to take effect. If any such change will 
82 
result in higher rates or more restrictions on service or otherwise will result in a material, 
83 
adverse change for such subscriber, the subscriber may, within such 30-day period, 
84 
terminate the service without penalty and receive a pro rata refund of the charges, if any, 
3 


.' 
85 
paid for the handset used for the service. The notice of change shall infonn the 
86 
subscriber of the right to tenninate .the contract, the right to a handset refund, and the 
87 
steps to take to implement such a tennination. 
88 
SECTION 9. Cancellation of Contract. - A contract for wireless service may be 
89 
canceled upon the request of the subscriber for any reason during the first 30 days. There 
90 
shall be no penalty or other costs to the subscriber for any cancellation during these 30 
91 
days, except that the subscriber shall be responsible for the cost of the service used during 
92 
the time period that the contract was in effect. 
93 
SECTION 10. Billing. - A wireless telephone service provider shaH provide bills 
94 
for wireless telephone services that are clearly organized and clearly describe in plain 
95 
language the products and services for which charges are imposed, and that confonn to 
96 
fonnat standards established by the Commission. 
97 
SECTION 11. Taxes. - Taxes and fees which are required by the law, or local 
98 
ordinance or regulation to be collected from the subscriber shall be set forth in a separate 
99 
section of the bill and shall be itemized separately. This section of the bill shall only 
100 
contain charges that the provider is required to be recovered from subscribers pursuant to 
101 
law. 
102 
SECTION 12. Roaming charges. - Roaming or off-network charges shall be 
103 
itemized on the subscriber's bill within 60 days of the call being placed, and such 
104 
roaming or off-network charges shall identify the date and originating location of the call. 
105 
SECTION 13. Request for Billing Statement. - Upon the request of a subscriber, a 
106 
wireless tel~phone service provider shall provide an itemized bill to the subscriber at no 
107 
cost to the subscriber. 
108 
SECTION 14. Charges on Unauthorized Use. -Charges associated with the use of 
109 
wireless telephone equipment or services shall not be the liability of the subscriber if such 
110 
use was unauthorized by the subscriber due to loss or theft, provided that such loss or 
111 
theft is promptly reported to the wireless telephone service provider. 
112 
SECTION 15. Rules and Regulations on Complaints. - The Commission shall 
113 
adopt rules and regulations as may be necessary to allow subscribers to file complaints 
114 
with the Commission with regard to billing disputes between wireless telephone service 
115 
providers and subscribers. 
116 
SECTION 16. Non-termination of Service. - A wireless telephone service 
117 
provider shall refrain from tenninating a subscriber's service for nonpayment so long as 
4 


118 
the subscriber's billing complaint is pending before the Commission and for 15 days 
119 
thereafter, or for such period as the Commission for good cause shall establish, provided 
120 
that as a condition of continued service during the pendency of any such dispute, the 
121 
subscriber shall pay the undisputed portions of any bill for service and any amounts the 
122 
Commission determines are necessary to fairly compensate the wireless telephone 
123 
provider for services rendered while the complaint is pending and 15 days thereafter. 
124 
SECTION 17. Publication of InformatiOn. - A wireless telephone service 
125 
provider, or any direct or indirect affiliate or agent of a provider, providing the name and 
126 
wirei'ess telephone number information of a subscriber for inclusion in any directory of 
127 
any form, or selling, leasing, licensing or sharing the contents of any directory database, 
128 
or any portion or segment thereof, shall not include the wireless telephone number 
129 
information of any subscriber without first obtaining the express consent of that 
130 
subscriber. The provider's form for obtaining the subscriber's express consent shall meet 
131 
all of the following requirements: 
132 
(1) it shall be a separate document that is not attached to any other document; 
133 
(2) it shall be signed and dated by the subscriber; 
134 
(3) it shall be unambiguous and legible, and shall conspicuously disclose that, 
135 
by signing the form, the sub,scriber consents to having the subscriber's wireless 
136 
telephone number information sold or licensed as part of a list of subscribers and 
13 7 
having the subscriber's wireless telephone number information included in a 
138 
publicly available directory; and 
139 
(4) if under the subscriber's calling plan the subscriber may be billed for 
140 
receiving ui1solicited calls or text messaging from a telemarketer, the provider's 
141 
form shall be unambiguous and legible, and shall conspicuously disclose that, by 
142 
consenting to have the subscriber's wireless telephone number information sold or 
143 
licensed as part of a list of subscribers or to be included in a publicly available 
144 
directory, the subscriber may incur additional charges for receiving unsolicited 
145 
calls or text messages, 
146 
SECTION 18. Revocation o/Consent. - A subscriber who provides express prior 
147 
consent pursuant to the preceding section may revoke that consent at any time. A 
148 
wire!ess telephone service provider shall comply with the subscriber's request to opt out 
149 
within a reasonable period oftime, not to exceed 60 days. 
5 


· . 
150 
SECTION 19. Exceptions. - The provisions of Section 17 shall not apply to the 
151 
following parties for the purposes indicated: 
152 
(1) To a collection agency, to the extent disclosures made by the provider are 
153 
exclusively for the collection ofthe subscriber's unpaid debt to the provider; 
154 
(2) To any law enforcement agency; 
155 
(3) To a lawful process issued by the court under the law; 
156 
(4) To a telephone company providing service between service areas for the 
157 
provision to the subscriber of telephone service between service areas, or to third 
158 
parties for the limited purpose of providing billing services; 
159 
(5) To a telephone conipany to effectuate a subscriber's request to transfer 
160 
the customer's assigned telephone number from the customer's existing provider 
161 
of telecommunications services to a new provider of telecommunications 
162 
services; and 
163 
(6) T() the Commission pursuant to its jurisdiction and control over wireless 
164 
telephone providers. 
165 
SECTION. 20. Penalties. - Any director, officer or agent of a corporation who 
166 
shall authorize, order or perform any of the acts or practices constituting in whole or in 
167 
part a violation of Section 3, and who has knowledge or notice of noncompliance 
168 
received by the corporation from the Commission, shall upon conviction, be subject to a 
169 
fine of not less than One hundred thousand pesos (p100,000.00) but not more than One 
170 
Million Pesos (Pl,OOO,OOO.OO) or imprisonment of not less than six (6) years but not 
171 
more than twelve (12) years, or both upon the discretion of the court. 
172 
173 
In case the violation is committed by, or in the interest of a juridical person duly 
174 
licensed to engage in business in the Philippines, such license to engage in business shall 
175 
also be immediately revoked. 
176 
SEC. 21. Authority Of The Commission - The Commission shall enforce this Act 
177 
in the same malmer and by the same means as though all applicable terms and provisions 
178 
of the Public Telecommunications Policy Act of the Philippines were incorporated into 
179 
and made part hereof. The Commission may prescribe regulations to carry out this Act. 
6 


• 
. . 
180 
SECTION 22. Separability Clause. - If any provision or part thereof, is held 
181 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
182 
affected shall remain valid and subsi~ting. 
183 
SECTION 23. Repealing Clause. - Any law, presidential decree or issuance, 
184 
executive order, letter of instruction, administrative order, rule or regulation contrary to, 
185 
or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
186 
accordingly. 
187 
SECTION 24. Effectivity Clause. - This Act shall take effect fifteen (15) days 
188 
after its publication in at least two (2) newspapers of general circulation. 
189 
Approved. 
7