NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
Senate
o{ tij? fe'crftnrp
*22 OCT 12 P2 :33
1381
RECEIVED BY:
Senate Bill No.
Introduced by Senator JUAN MIGUEL F. ZUBIRI
AN ACT
REQUIRING ALL PUBLIC TELECOMMUNICATIONS ENTITIES AND INTERNET 
SERVICE PROVIDERS TO INCREASE SERVICE COVERAGE AND DELIVER A 
MINIMUM STANDARD FOR INTERNET CONNECTION SPEED
EXPLANATORY NOTE
The demand for reliable and accessible Internet services in the Philippines has never been 
more pronounced than in the wake of the COVID-19 pandemic. With the rapid shift to 
remote learning and telecommuting, we witnessed stories of teachers and students 
climbing roofs to get service1 or people struggling to attend an online meeting—proof of 
the difficulties of poor Internet coverage and quality of service.2
With the economy irreversibly transformed by digitalization, Filipinos continue to clamor 
for better Internet services. A survey conducted by global IT firm Cisco showed 91% of 
workers believe the Philippines needs dramatic improvements in Internet quality.3 A study 
by the United Nations and the World Bank also found evidence that primary students 
experienced slow or little progress in such basic skills as reading and comprehension, due 
in part to many households lacking Internet access and relying instead on paper-based 
modules.4
While download speeds have gradually improved over the years, Ookla's Speedtest Global 
Index as of April 2022 shows that Internet speed in the country is still among the slowest 
in ASEAN-6.5 Opensignal, which also measures broadband performance, found that in 
January 2022 many Filipinos still experienced poor data services, even with 4G and 5G,6 
and experienced slower speeds than advertised.7 Poor performance on other important 
measures of Internet service quality, such as upload speeds, latency, jitter, and packet 
loss, which affect transmission of data also contribute to poor adoption of digital 
applications such as digital banking, telehealth, and ecommerce.8
1 Lopez, E. (2021, January 7). Scaling roofs and mountains, Filipino students battle to take online classes. Reuters via Interaksyon. 
https://interaksvon.philstar.eom/trends-spotliahts/2021/01/07h83184/scalinQ-roofs-and-mountains-filipino-students-battle-to-
take-online-classes/
2 Ochave, R. M. (2020, July 1). Filipinos struggle to work from home in Internet-challenged country. BusinessWorld. 
https://www.bworldonline.eom/editors-picks/2020/07/01/302604/filipinos-strugQle-to-work-from-home-in-lnternet-challenaed-
country/
3 Gonzales, G. (2022, April 21). 91% of PFI workers believe Internet infrastructure needs to improve faster - survey. Rappler. 
https://www.rappler.com/technoloQv/workers-philippines-believe-lnternet-infrastructure-needs-lmprove-faster-cisco-studv/
4 Baclig, C. E. (2022, April 8). When 10-year-olds can't read: The dulling of PFI education. Philippine Daily Inquirer.
https://newslnfo.lnquirer.net/1580203/when-10-vear-olds-cant-read-the-dullinQ-of-ph-educatlon
5 Ookla Speedtest Global Index. (2022, April), https://www.speedtest.net/qlobal-lndex
6 Fenwick, S. (2022, April 5). Understanding mobile experience explains why users in the Philippines switch mobile operators. Opensignal. 
httDs://www.opensianal.com/2022/04/05/understandinQ-mobile-experience-explains-whv-users-in-the-phlllppines-switch-moblle-
operators
7 
Camus, M. (2021, September 9) 
DIto defends Internet speed results after other 
tests show slowdown.
https://business.inqulrer.net/330380/dito-defends-lnternet-speed-results-after-other-tests-show-slowdown
8 Better Internet PH. (2021, September 15). Why Download Speed is Not Everything. https.7/medium.com/@betterlnternetph/why- 
download-speed-is-not-evervthinq-e2e4f8f36665


Global best practices emphasize the importance of creating rules to ensure that the 
service consumers receive is within an acceptable range of the advertised speeds, service 
reliability, and other measures of Internet quality.
Likewise, high quality Internet service will help improve agriculture, environmental 
protection and disaster management projects nationwide.
To institutionalize a mechanism for a comprehensive and regular measure of Internet 
quality of service in the Philippines, this bill aims to;
• 
Regularly monitor and analyze nationwide data on Internet connectivity and 
formulate broadband development plans with the necessary policy to improve 
Internet services;
• 
Set minimum standards for broadband quality of service, such as reliability 
(percentage of advertised speed consistently provided by an ISP to subscribers 
over a given period of time) and minimum download speed (the lowest level of 
download speed that service providers are allowed to deliver to a subscriber);
• 
Enforce compliance to performance standards and penalize service providers who 
consistently fail to deliver the acceptable level of broadband quality of service; and
• 
Promote the rights and welfare of broadband end users.
In view of the forgoing, the immediate passage of this bill is earnestly sought.
MIGUEL F. ZUBIRI


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NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
Senate Bill No. 1381
of Uk i»tivtUrp
H OCT 12 P2 33
RtCEIVtDBVr
Introduced by Senator JUAN MIGUEL F. ZUBIRI
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.
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 sh^W 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-


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legged structure, (ii) poles, or (ill) 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 shaW refer to the time it takes for a packet of data to get from 
a source to destination;
i) PacketshaW 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


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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 
within two (2) 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 eighty (80) percent of advertised broadband speed to their 
subscribers at eighty (80) per cent service reliability or eighty (80) per cent 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 two (2) 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


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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 may 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 a 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 two-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.


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f) Diligently nnonitor 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.


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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;
0 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.


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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 two (2) months 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. 13. 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. 14. 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-


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exclusive access to multiple service providers, in order for PTEs and ISPs 
to provide Internet service;
c) In case of a dispute arising from an infrastructure-sharing arrangement, 
the DICT shali:
(i) Coordinate with the reguiator 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.
d) The DICT shall encourage the use of existing infrastructure, such as 
those of cabie TV operators, to fast track the iayout of networks, to 
increase coverage, and to address the problem of unserved and 
underserved areas;
e) The regulator of the shared Infrastructure shall, in consultation with 
concerned stakehoiders, determine and ensure reasonable rental rates 
for use of shared infrastructure such as, but not limited to, utility poies, 
utility corridors and ducts; and
f) For shared infrastructure arrangements, the DICT shail 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. 14. Penalties. - The NTC may, motu proprio or upon compiaint of 
any interested party, in the appropriate administrative and^r quasi-judiciai 
process, and in accordance with due process, shali:
a) Require any PTE or ISP, who shali not meet the requirements set forth 
under, or shali 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 vioiated;
b) Impose upon entities who do not compiy with Internet service standards 
as laid down by Sections 4, 5, and 8 of this Act and as prescribed by the 
NTC:
(i) The penaity 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 
Miliion Pesos (PFiP 10,000,000.00), the penaity shall be 
equivalent to one percent (1%) to two percent (2%) of its gross 
annual income; and


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(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. 15. 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. 16. 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. 17. 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. 18. Effectivity. - This Act shall take effect fifteen (15) days following 
its complete publication in a newspaper of general circulation.
Approved,