Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _________ 
 Introduced by Hon. Charisse Anne C. Hernandez 
EXPLANATORY NOTE 
In 2021, Philippines’ digital transactions reached Php 1.87 Trillion, with 9.6 percent 
contribution to the Gross Domestic Product, according to the Philippine Statistics Authority. 
Meanwhile, according to the e-Conomy Southeast Asia Report 2022, a report from Google 
Trends, Temasek insights, and Bain & Company, the Philippines’ digital economy is expected to 
reach a gross merchandise value of $35 billion by 2025, growing at a 20% compound annual 
growth rate from $20 billion in 2022. Noted as one of the “hot spots'' for investments in the years 
ahead, our country’s overall digital economy is expected to hit a GMV of $100-150 billion by 
2030. 
With the abovementioned reports, one thing is evident: internet connectivity spurs 
economic growth for our country. 
However, the slow, unreliable, and costly internet access remains as the main challenge for 
us to seize this potential. 
February 15, 2023
9:45 am
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According to a study by Netherlands-based cybersecurity firm Surfshark in 2022, the 
Philippines is among countries with “least affordable” internet services, but with “mediocre” 
quality of connectivity. While the Speedtest Global Index ranked Philippines 80th in the world in 
terms of mobile broadband speed and 43rd in Fixed Broadband Speed as of December 2022. 
The United Nations Human Rights Council adopted the resolution on “the promotion, 
protection and enjoyment of human rights on the Internet.” This resolution gives focus on bridging 
digital divides, as it consolidates and reinforces commitments on enhancing Internet accessibility 
and affordability. 
This bill seeks to give better connectivity to the Filipinos by ensuring the availability of 
high-speed internet provided by public telecommunication entities (PTEs) and Internet service 
providers (ISPs) by requiring the expansion of service coverage of wired and wireless broadband 
service in all unserved and underserved areas in the Philippines and providing for the rights of 
end-users. This will foster growth and productivity in various industries in our country. 
In view of the foregoing, the passage of this bill is earnestly sought. 
CHARISSE ANNE C. HERNANDEZ 
          Representative 
          Lone District, Calamba City


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _________
 Introduced by Hon. Charisse Anne C.  Hernandez 
AN ACT  
REQUIRING ALL PUBLIC TELECOMMUNICATIONS ENTITIES AND INTERNET 
SERVICE PROVIDERS TO INCREASE SERVICE COVERAGE AND DELIVER A 
MINIMUM STANDARD FOR INTERNET CONNECTION SPEED 
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 "Better Internet Act'. 
SEC. 2. Declaration of Policy. - The State recognizes the importance of technological 
advancements in nation building, economic development, and promotion of people's well-being 
and as such, it endeavors to ensure the provision of strategic, reliable, cost-efficient, and citizen-
centric information and communication technology (ICT) infrastructure, systems, and resources 
to guarantee that the population has access to high quality, and affordable ICT services. 
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In line with this, the State shall ensure that all Public Telecommunications Entities (PTEs) and 
Internet Service Providers (ISPs) will continuously upgrade their facilities and improve their 
services to be responsive to the growing demand for quality Internet access services. 
 
SEC. 3. Definition of Terms. - As used in this Act, the following terms are defined as 
follows: 
a) Bandwidth shall refer to the data transfer rate or the amount of data that can be carried from one 
point to another in a given time period expressed in bits per second or multiples of it; 
 
 
b) Broadband shall refer to high-speed Internet service that is always on and faster than traditional 
dial-up access transmitted through various wired or wireless data transmission technologies such 
as, but not limited to, digital subscriber line (DSL), cable modem, fiber optic cable, fixed wireless, 
satellite, cellular mobile, and TV white space, and other evolving and emerging technologies as 
may be developed in the future; 
c) Cellular towers shall refer to passive telecommunication tower infrastructure, including, but not 
limited to, (i) three-legged or four- legged structure, (ii) poles, or (iii) mast, or (iv) similar 
infrastructure used to support mobile cellular network facilities; 
d) Compliance period shall refer to the first two (2) years from the effectivity of this Act within 
which all ISPs and PTEs are required to comply with the minimum broadband download speeds 
set forth in this Act;  
 
 
 
 
e) Greenfield service area refers to a barangay where an Internet Service Provider is completely 
absent or that has Internet connection but does not reach an average minimum broadband speed of 
two (2) megabits per second (mbps), or as prescribed by the DICT, whichever is higher;  
f) Internet Service Providers or ISP shall refer to an entity, with or without a Congressional 
franchise, registered as a value-added service (VAS) provider from the National 
Telecommunications Commission (NTC) to build, install, operate, and maintain an Internet 
network in order to offer Internet access services to the public for compensation;  
 
g) JittershaW refer to the variation of end-to-end delay from one packet to the next within the same 
packet stream, connection, or flow; 


h) Latency shall refer to the time it takes for a packet of data to get from a source to destination;  
i) Packet shall refer to the unit of data that is routed between an origin or source and a destination 
on the Internet or any other packet-switched network; 
 
 
 
 
 
j) Packet Loss shall refer to the number of packets that does not reach the destination; 
 
k) Service reliability or "uptime" refers to the delivery of a certain percentage of advertised speed 
to a subscriber over a given time; 
l) Public Telecommunications Entity or PTEs shall refer to any person, firm, partnership or 
corporation, government or private, engaged in the provision of telecommunications services to 
the public for compensation;  
 
 
 
 
m) National ICT Household Plan refers to the plan for the improvement of ICT access and use, 
including broadband access, by households and individuals developed by the Department of 
Information Communications Technology (DICT) on the basis of information gathered from the 
National ICT Household Survey; 
 
n) Threshold Speed refers to the minimum upload and download speeds that an ISP or PTE must 
provide to their end user as entry-level broadband service;  
 
 
 
o) Unserved Area refers to a specific population or land area of a city/municipality where 
broadband access service is not available, as identified by the National ICT Household Plan; and  
р) Underserved Area refers to a specific population or land area of a city/municipality where 
broadband access service is covered and available, but below the threshold speed. The underserved 
areas shall be identified by the National ICT Household Plan while the threshold speed shall be 
determined by this Act and, subsequently, by the NTC.  
Sec. 4. Increase in service coverage. - The NTC shall require all ISPs and PTEs to extend 
and expand the service coverage of wired and wireless broadband service in all unserved and 
underserved areas in the Philippines within three (3) years from the effectivity of this Act (the 
"Compliance Period"), according to the schedule and strategy to be set forth by the DICT in the 
National ICT Household Plan. 
 
 
 
 
 


The DICT shall develop the National ICT Household Plan, identify therein unserved and 
underserved areas and devise a plan of action to ensure Internet services shall be made available 
at the household level. The DICT shall make such Information and plans public within sixty (60) 
days from the effectivity of this Act; Provided, that subject to regulatory requirements, ISPs shall 
be allowed to own, establish, and operate wired and wireless networks, utilizing any available 
technology, in order to meet their obligations under this Act. ISPs shall be allowed access to 
unlicensed radio spectrum necessary to enable them to utilize wireless technologies to provide 
Internet service: Provided further, that ISPs shall not build international carrier. Inter-exchange 
carrier, local exchange carrier, and mobile radio telephone networks reserved for PTEs, as 
provided for in Republic Act No. 7925, otherwise known as the Public Telecommunications Policy 
Act of the Philippines. 
Sec. 5. Delivery of advertised speed - Within one (1) year from the effectivity of this Act 
the National Telecommunications Commission (NTC) is hereby mandated to require all PTEs and 
ISPs to only advertise and offer Internet service download speeds that they can consistently 
provide and work towards providing an average Internet connection speed above global average. 
PTEs and ISPs shall deliver ninety (90) percent of advertised broadband speed to their subscribers 
at eighty (80) percent service reliability or eighty (80) percent of the time: Provided, That the 
entry-level broadband connection speed offered by ISOs or PTEs to subscribers shall not be lower 
than the following: 
 
 
 
 
a) Twenty (20) Megabits per second (Mbps) for wired broadband and ten (10) Mbps for 
wireless broadband in metropolitan cities; 
b) Ten (10) Mbps for wired broadband and five (5) Mbps for wireless broadband in all 
other cities; and 
с) Five (5) Mbps for wired broadband and two (2) Mbps for wireless broadband in rural 
areas.  
 
 
PTEs and ISPs shall have three (3) years from the effectivity of this Act to ensure that they provide, 
as a minimum, the threshold speeds to their end users; Provided, That PTEs and ISPs that will 
expand coverage and offer Internet services in "Greenfield service areas" or previously unserved 


and underserved areas, as identified by the DICT, shall not be subjected to the minimum download 
speed for the next five (5) years. 
 
 
 
 
 
The NTC shall conduct a regular review of technological advancements in the field of 
communications and data transmission to determine the necessity of adjusting the minimum speed 
standards hereby set in this Act; Provided, That Internet speed and service reliability of Internet 
connections delivered by service providers shall be measured based on the methodology prescribed 
by the NTC. 
After the end of the compliance period, it shall be considered a violation of this Act, subject to the 
penalties provided in Sec. 15 of this Act, to offer paid Internet service below the threshold speed. 
For the avoidance of doubt, there shall be no minimum speed required for free Internet service; 
Provided, however, that service provided under the Free Internet Access in Public Places Act or 
RA 10929 shall meet the minimum speeds prescribed therein or in the relevant rules of the DICT 
for free Internet service programs. 
Sec. 6. Annual Review of Service Standards. - The NTC shall review, on an annual basis, 
the level of threshold speeds and prescribe the threshold speeds and other quality of service 
standards, such as upload and download speeds, packet loss, jitter, latency, and service availability, 
to provide subscribers average Internet connection speeds equal to, or above, what is prevalent 
among Asia Pacific countries and the global average; Provided, that the NTC shall not decrease 
the threshold speeds set forth under this Act.  
 
 
Sec. 7. Measurement and Publication of Broadband Quality of Service (QOS). - In 
order to monitor and enforce compliance of PTEs and ISPs, the NTC shall: 
 
 
a) In coordination with DICT, prescribe a criteria and methodology for the measurement and 
publication of broadband quality of service, including parameters such as download speed, upload 
speed, latency, packet loss, jitter, and service availability, with appropriate benchmarks, after 
public consultation and hearings within six (6) months from the effectivity of this Act; 
 
b) Provide the public a mechanism to run broadband diagnostics in secure and consumer-friendly 
format; 


c) Develop a procedure for collecting and analyzing broadband QOS measurements from various 
platforms and processing test data in a central database, which shall update and release results 
every twenty- four (24) hours, at the least; 
d) Make publicly available on the NTC website and other media the criteria and methodology for 
the broadband QOS measurement tool and the list of platforms using the NTC-prescribed 
broadband measurement mechanism; 
e) After the three-year compliance period, review compliance of PTEs and ISPs with the minimum 
download speeds and prescribe an upgrade on an annual basis, the minimum broadband download 
speed and quality of service (QOS) standards, on Internet 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 QOS standards shall take 
into account speed, packet loss, jitter, latency, and service availability; Provided, That the NTC 
shall not decrease the minimum speeds set forth in this Act. Provided, Further, that new 
performance standards shall be published at least Thirty (30) days before they take effect.  
f) Diligently monitor and conduct monthly network audits and/or QOS tests in order to ensure 
compliance of the PTEs and ISPs with threshold speeds, advertised speeds, and coverage 
obligations, and publish its network audit report on a monthly basis; and,  
g) Publish the results of all the NTC's network audits, broadband QOS tests, and the results of the 
consumer broadband QOS tests on their official website and social media accounts on a monthly 
basis, and furnish a copy of the same to the DICT. Such reports should be in a format that can 
easily be analyzed by third party data scientists.  
Sec. 8. Consumer Protection. - PTEs and ISPs shall not advertise nor offer Internet service 
speeds that they cannot consistently provide. PTEs and ISPs shall provide to their subscribers 
eighty (80) per cent of their advertised speed available at eighty (80) of the time. Speed and 
reliability shall be measured based on the prescribed measurement methodology by the NTC. 
Sec. 9. Responsibilities of the DICT. - In addition to responsibilities imposed in other 
sections of this Act, the DICT shall: 


a) Maintain and make public a National ICT Assets Index (NICTAI), which shall be updated on 
an annual basis, in order to provide accurate data on broadband coverage and ICT adoption and 
utilization in the country; 
b) Conduct the National ICT Household Survey and publish the National ICT Household Plan 
every three (3) years, and identify unserved and underserved areas for purposes of this Act; 
c) Regularly review and update ICT policy guidelines, strategies and plans, including, but not 
limited to, the National Broadband Plan to ensure that the Philippines' Internet service policy 
framework is at par with global standards and best practices; and 
 
d) Ensure the delivery of Internet services at the household level through a schedule and plan of 
action that includes, but is not limited to, infrastructure sharing and co-location arrangements; 
 
Sec. 10. Responsibilities of the NTC. - In addition to responsibilities imposed in other 
sections of this Act, the NTC shall:  
 
 
 
a) Ensure that PTEs and ISPs meet the minimum standards regarding connection, reception, just 
pricing, and billing practices to promote and protect the rights of consumers of Internet services;  
b) Determine whether the ICT industry has built out the optimal number of towers and other 
infrastructure necessary to meet the objectives of this law;  
 
 
 
c) Promulgate an efficient and expeditious administrative process for the registration of Internet 
service providers and shall, in coordination with the DICT, develop a set of criteria for qualifying 
service providers that will encourage the widest possible participation of as many industry players 
as possible who will build the necessary Internet network Infrastructure and offer Internet services 
to end users in different parts of the country and will take national security into consideration, 
particularly for facilities that interface directly with another country's domestic network;  
d) Publish a spectrum management policy framework that promotes a transparent, efficient, and 
equitable approach to distributing spectrum, including clear guidelines for: (i) recalling unutilized 
spectrum, (ii) reassigning spectrum for more efficient use, and (iii) implementing an open 
frequency approach to expand Internet access in underserved and unserved areas, to be developed 
together with the DICT and the Philippine Competition Commission; 
 
 


e) Provide the public with annual reports on the performance of PTEs and ISPs in terms of 
increasing Internet coverage and meeting the threshold download speeds; 
f) Provide policies and standards of network elements to ensure that PTEs and ISPs will maintain 
the Quality of Service (QOS) of the Internet connection they provide to their respective area of 
coverage; 
 
 
 
 
g) Provide for an expeditious mechanism to address consumer complaints on slow Internet speed 
and false advertising of Internet speeds; and,  
 
 
 
h) Establish an efficient monitoring system or framework with regard to the PTEs and ISPs' 
management of consumer complaints and maintain records of subscribers' complaints.  
Sec. 11. Reports to Congress. - The DICT and NTC shall submit a quarterly progress 
report to Congress of all acts performed pursuant to this Act during the first week after the 
immediately preceding quarter for the next two (2) years from the effectivity of this Act. 
Sec. 12. Streamlining Permitting Requirements. - The DICT and other relevant 
government agencies including, but not limited to, the Department of Interior and Local 
Government (DILG), Department of Public Works and Highways (DPWH), Department of Human 
Settlements and Urban Development (DHSUD), Anti-Red tape Authority (ARTA), Civil Aviation 
Authority of the Philippines (CAAP), Department of Health (DOH), and the Food and Drug 
Administration (FDA) shall ensure the streamlining of the permitting process for the construction, 
installation, and operation of telecommunications tower and other infrastructure such as, but not 
limited to, permits for base stations, cables, poles, and other work elements necessary to offer 
Internet service. 
 
The DICT shall set up a one-stop shop that shall coordinate with other regulatory agencies 
regarding the permitting requirements and applicable regulatory fees for installing common 
towers, cables, poles, and other network elements in order to facilitate the attainment of the 
objectives of this Act.  
 
To facilitate the expeditious planning of the country's ICT Infrastructure, all PTEs and ISPs are 
required to submit, within fifteen (15) working days upon the request of the DICT or the NTC, a 


copy of their most updated and complete broadband network map, enabling the government to 
draw up incentive plans and opportunities in order to boost Internet service and compel the creation 
of the infrastructure essential for overall economic growth. 
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 NTC; 
b) To be rendered Internet services within thirty (30) days from application for service, in areas 
where the service is advertised to be available; 
c) Timely correction of errors in billing or in prepaid load and the immediate provision of rebates 
or refunds by the service provider without the need for demand by the user; and 
 
 
d) Subject to the filing of a formal request to the 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 service provider not consistently comply with preceding 
paragraphs (A), (C), (D), or any minimum performance standards set by the NTC. 
Sec. 14. Local Government Units (LGUs) as Partners in Broadband Infrastructure 
Development. - The LGU shall serve as a strategic partner who shall ensure that all LGU-related 
permits and requirements necessary to expand Internet coverage and improve quality of Internet 
service shall be acted upon immediately. In order to ensure that all municipalities and barangays 
have access to Internet facilities, an LGU shall be allowed to build and operate its own broadband 
network in partnership with PTEs and ISPs.  
 
Sec. 15. Infrastructure Sharing and Co-location. - 
a) The DICT shall promulgate policies, rules, and regulations, in coordination and/or jointly with 
the concerned national government agencies, government owned and operated corporations, and 
local government units, to ensure that infrastructure, whether existing or built in the future, 
necessary or capable of supporting data transmission networks or services are: 
 
 
 


(i) 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 non- 
discriminatory basis to any access seeker's network facilities; 
(ii) as far as possible, deployed together with roadworks, pipe-laying, and other 
Infrastructure development by both government and private entities; and  
 
(iii) propagated 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 infrastructure that help facilitate broadband 
network deployment.  
 
b) The DICT shall, in coordination with the Philippine Competition Commission and other 
relevant government agencies, 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 non-discriminatory and non-exclusive access to multiple 
service providers, in order for PTEs and ISPs to provide Internet service; 
In case of a dispute arising from an infrastructure-sharing arrangement, the DICT shall: 
(i) Coordinate with the regulator of the infrastructure; 
(ii) Mediate between a PTE or ISP and an infrastructure owner, which may include a PTE, 
an ISP, or a public service network provider; and/or 
(iii)Serve as the primary enforcer of this provision.  
 
 
The DICT shall encourage the use of existing infrastructure, such as those of cable TV operators, 
to fast track the layout of networks, to increase coverage, and to address the problem of unserved 
and underserved areas; 
The regulator of the shared Infrastructure shall, in consultation with concerned stakeholders, 
determine and ensure reasonable rental rates for use of shared infrastructure such as, but not limited 
to, utility poles, utility corridors and ducts; and 
 
 


f) For shared infrastructure arrangements, the DICT shall also look into the following 
considerations: 
(i) Technical feasibility of the request of access seeker to use infrastructure; 
(ii) Incentives to encourage investment in less commercially viable areas;  
 
 
(iii) Fair and reasonable rates for shared facilities, depending on the location and market 
size in a particular area. 
All policies, rules, and regulations under this Section shall be operationalized within one (1) year 
from the effectivity of this Act.  
 
 
Sec. 16. Penalties. - The NTC may, motu proprio or upon complaint of any interested 
party, in the appropriate administrative and/or quasi-judicial process, and in accordance with due 
process, shall: 
a) Require any PTE or ISP, who shall not meet the requirements set forth under, or shall not comply 
with the provisions of this Act, to comply with service standards that have not been met, or 
provisions of this Act that have been violated; 
 
 
b) Impose upon entities who do not comply with Internet service standards as laid down by 
Sections 4, 5, and 8 of this Act and as prescribed by the NTC: 
(i) The penalty of a fine of not less than two hundred thousand pesos (P200,000) but not 
more than two million pesos (P2,000,000.00) for each count of violation. Provided, that if 
a service provider has a gross annual income not exceeding Ten Million Pesos (PFiP 
10,000,000.00), the penalty shall be equivalent to one percent (1%) to two percent (2%) of 
its gross annual income; and  
(ii) For repeated violations, revoke the PTE's Provisional Authority or Certificate of Public 
Convenience and Necessity, or cancel the registration of an ISP, whichever applies, 
including the waiving of any pre-termination fees of affected subscribers and timely 
disbursement of any remaining credits from excessive downtime.  
 
 


The foregoing is without prejudice to any other remedies available to the NTC under existing law.
 
 
 
 
Sec. 17. Implementing Rules and Regulations. - Within sixty (60) days after the 
effectivity of this Act, the DICT and the NTC shall issue a Joint Memorandum Circular setting 
forth the rules and regulations to effectively implement the provisions of this Act. 
Sec. 18. Separability Clause. - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in 
force and effect. 
Sec. 19. Repealing Clause. - Any law, presidential decree or issuance, executive order, 
letter of instruction, rule or regulation inconsistent with the provisions of this Act is hereby 
repealed or modified accordingly. 
Sec. 20. Effectivity. - This Act shall take effect fifteen (15) days following its complete 
publication in a newspaper of general circulation. 
 
 
Approved,