NINETEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No._ 261

Introduced by Representative Christian Tell A. Yap

The Open Access in Data Transmission Act aims to bridge the Information and
Communications Technology (ICT) infrastructure gap in the Philippines by opening up and bringing
in more players in the telecommunications industry. The bill intends that every local community has
accessible, reliable and affordable internet connectivity by updating analogue-era laws designed for
telephone landlines and radio broadcasting to the present wave of handheld internet connectivity and
data transmission.

According to the 2019 National ICT Household Survey (NICTHS) by the Department of
Information and Communications Technology (DICT), only around 18% of Filipino households have
their own internet access at home. In terms of affordability, the Philippines has the least affordable
internet accessibility in Asia, requiring more than seven (7) hours of work (at average pay), for a month
of broadband internet, despite poor overall quality. As such, the number one reason why Filipino
households are not connected to the internet is because of its high cost.

‘The primary reason for the country’s underdeveloped ICT network infrastructure is the lack of
competition between internet service and telecommunication provider. This in turn provides little to

no choice for consumers to their economic disadvantage.

The Open Access Bill addresses the ICT infrastructure gap in the country by lowering the
barriers to entry for telecommunications service providers by removing the current legal limitations as
to who can build and operate ICT networks and allowing Internet Service Providers (ISPs) to
participate in building the country’s digital infrastructure, paving the way for lowering the cost of

broadband internet service and giving more choices for consumers.

Moreover, the Open Access bill aims to open up the telecommunications industry by enabling
and encouraging the creation of small ICT service providers. In turn, the intended spread of ICT use

and penetration from highly urbanized areas to the unserved and underserved rural communities will


spur innovation in the ICT industry and bolster economic growth across all sectors of Philippine
society. The enactment of this bill will ultimately result in reducing the price of intemet connectivity,
provide internet accessibility to the last-mile or geographically-distant communities, and improve the
overall internet services in the country.

With connectivity being an undeniable necessity and a great equalizer, we seek the passage of
this landmark legislation to connect all Filipinos to the internet, intending to bridge the digital divide,
include all sectors of society especially the underprivileged, and provide economic opportunities to all

Filipinos in the digital sphere

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

CH

Representative, 2rd District of Tarlac



NINETEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 25.1

Introduced by Representative Christian Tell A. Yap

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 1
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;

(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,

(©) Encourage investments in the digital infrastructure development in the country;
(4) Adopt and ensure open accessin the regulation of the data transmission industry;
(e) Protect the publicinterest as it is 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;


1 (g) Protect and promot the internet as an open platform enabling consumer choice,

2 freedom of expression, end-user control, competition and the freedom to
3 innovate without permission, and thereby encouraging the development of
4 advanced telecommunication capabilities and the removal of barriers to
5 infrastructure investment;

6 (h) Encourage infrastructure sharing and co-location in order to promote network

1 investment, eliminate the uneconomic duplication of infrastructure facilities,
8 and strengthen competition; and

9 (i) Ensure efficient and transparent management of the radio frequency spectrum,

10 especially those utilized in the delivery of data transmission services.
in
2 SEC. 3. Definition of Terms. - As used in this Act
B (a) Basic telephone service refers to the local exchange telephone service for residence
4 and business establishments provided via the circuit switched telephone network;
1s (b) Cellular Mobile Telephone Service (CMTS) refers to the wide area mobile radio
16 telephone system with its own switch, base stations and transmission facilities
7 capable of providing high-capacity mobile telecommunications by utilizing radio
18 frequencies;

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

2 (@ Core or Backbone Network refers to the main line including international
22 connection, that ties networks, delivers routes to exchange information among
23 various subnetworks, connects regional distribution networks and, in some
24 instances, provides connectivity to other peer networks;
2s (e) Data transmission refers to the process of sending digital or digitized analog signal
26 over a communication medium to one or more computing networks,
2 communication or electronic devices, It enables the transfer and communication of
28 devices in a point-to-point, point-to-multipoint and  multipoint-to-multipoint
29 environments. The term data transmission includes the provision of Voice over
30 Internet Protocol (VoIP) services but does not include the provision of basic telephone
31 services;

32 (Data transmission industry participant refers to any person, firm, partnership or
33 corporation, government or private, engaged in the provision of data transmission
34 services to the public. This includes public telecommunications entities
35 (PTEs) that offer data transmission services as defined under Republic Act
36 No.7925, otherwise known as the "Public Telecommunications Policy Act of the
37 Philippines;

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(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;

@ — 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;

(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;

) Voice over Internet Protocol (VoIP) service refers to the provision of voice
communication using Internet Protocol (IP) technology; and
(m) Passive infrastructure collectively refer to telecommunication towers, poles,
cable entrances, ducts, utility corridors, and any other non-electronic infrastructure
and facilities, eithe1-existing or to be deployed in the future, that maybe used to

support data transmission.

CHAPTER If
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. - All segments of the datatransmission

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 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.

(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. Alll 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 7 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 anetwork 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 IIL
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;

(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;

(0) Promulgate policies that will encourage distributed local solutions rather than
centralized ones, encouraging services that arecloser 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

(@) 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:

(a) The procedure for radio spectrum assignment, joint use and recall shall be


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made transparent to the public. All applications, including letter requests,
spectrum assignment, joint use, recall, and reallocation 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 anyone 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 proprio or upon
petition by any person, subject 10 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 NTC 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

(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;

(a) 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 ofthe results of the performance measurements shall be done in

an open data format and made accessible to the general public;


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(e) Any person, or the NTC itself, may, motuproprio, filea petition to penalize any data
transmission industry participant for failure to deliver service according to the
NIC's published performance standard and to require rectification of such
noncompliance; and

( Measure the performance of the data industry participants quarterly and publish

the results ofits 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 a 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 PCCand 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 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 NTC shall ensure that the provisions of this

Actapply, mutatis mutandis, to future technologies in data transmission


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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

(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 seckers for the purpose of
offering data transmission services shall be mandatory, unless special circumstances,
such as but not limited to national security concems, 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

(@) proliferated in the most cost-efficient and timely manner through various means,
including, encouraging the opcration 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 N’ hall, 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 the NTC, in coordination with relevant government agencies, shall also

ensure the disaster resiliency and ease of recovery and restoration of passive infrastructure,


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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 relevantinformation about the facility.

CHAPTER IV
PROHIBITED ACTS

SEC. 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 notimpede 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
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or slowdown 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 data transmission industry participant;

(d) 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 e

s and revenues for cach segment. Any violation of this

provision shall give rise to apresumption 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 facili

SEC. 14, Administrative Penalties.

he 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 beimposed 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 hi

ing,
(b) An entity who fails to substantially comply with the NT'C’s performance standards

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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

(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.

(©) 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:
(a) To be entitled to data transmission services which is nondiscriminatory, reliable,
and conforming with minimum standal ds 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

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(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

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 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.


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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 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 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 hereby repealed, amended

or modified accordingly.

SEC. 22. Effectivity.

the Official Gazette or in a newspaper of general circulation.

-This Act shall take effect fifteen (15) days after its publication in

Approved.