EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
■ Ivi. 
.!i
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*21 FEB 15 PI 02
SENATI
S. No.
RiiCEiV -'ilV
Introduced by Senator Manuel "Lito" M. Lapid
AN AO-
REGULATING POLES, POLE ATTACHMENTS 
AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Section 24, Article II of the 1987 Constitution recognizes the vital role of 
communication and information in nation-building. Corollary to this recognition is the duty 
for the government that the necessary infrastructure to foster growth and development 
in the telecommunications and radio and TV industry, among the many other related 
Industries, are available and accessible to all players. One example of an important facility 
for this industry is the network of utility poles where cables and wires are placed and 
connected. Telecommunications companies and cable TV networks rely heavily on the 
availability of these poles in order for their services to reach communities and households, 
especially In far-flung or geographically Isolated localities. Due to the large amount of 
investment required to lay down even just a single line of posts for a few kilometers of 
distance, these companies are normally forced to lease or use those that are already 
existing and pay arbitrary and exorbitant pole attachment fees to the owners. While pole 
owners are unjustly enriched under this setup, the attaching companies bear the costs 
and burden, which will eventually trickle down to the bills paid by their customers.
This dire situation is primarily due to the lack of a regulatory system on pole 
attachments. This bill seeks to fill this policy gap by instituting a fair, just and reasonable 
framework for the imposition of pole attachment fees and curtail the abusive and


outrageous pricing practices, with the National Telecommunications Commission, as the 
implementing agency. Furthermore, to curb anti-competitive conduct, this proposed 
measure includes the policy for non-discriminatory access to all utility poles and related 
support structures. The rights and responsibilities of pole owners and attaching entities 
are also provided, including a mechanism for dispute resolution under the auspices of the 
NTC.
In view of this, early passage of this bill is sought.
Senator 7T


EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE
s. No. ^052
iSfti'ir-'. 
£ifitp »t li*r ih
*21 FEB 15 PI 32
RlXciViJHi;
Introduced by Senator Manuel "Lito" M. Lapid
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AN ACT
REGULATING POLES, POLE ATTACHMENTS 
AND FOR OTHER PURPOSES
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 "Pole Attachments
Ad".
Sec. 2. Declaration of Policy. - It Is the declared policy of the State to regulate 
the use of utility poles, related support structures and rights of way for the 
transmission of TV or telecommunications signals, as well as the rates, terms and 
conditions for pole attachments in order to promote the growth of and protect the 
cable television and telecommunications industries, and for the ultimate purpose of 
providing the consuming public with wider and more affordable access to an improved 
variety of services. The State shall guarantee the right of cable TV operators and 
telecommunication companies to secure and use their own or to have and maintain 
access to utility poles, related support structures and rights of way used or useful, 
whole or in part. In the transmission of TV or telecommunications signals under a just 
and reasonable framework.
Sec. 3. Construction and Interpretation. - The provisions of this Act shall be 
liberally construed In order to carry out the declared policy of the State. Accordingly, 
reference may be made to the recognized standards of safety, industry practices and 
generally accepted engineering principles.


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Sec. A. Definition of Terms.
a. "Pole Owner" refers to an entity, that may be a power or other public 
utility, a telecommunications company, a cable TV operator, a local 
cooperative, a municipal corporation or a property developer, that 
owns utility poles, related support structures and/or controls right of 
wat used or useful, in whole or In part, in the transmission of TV or 
telecommunications signals to subscribers.
b. "Attaching Entity" refers to an entity, that may be a cable TV operator 
or a telecommunications company that makes or maintains a pole 
attachment.
c. "Pole Attachment" refers to the attachment made by an attaching 
entity to a pole owner's utility pole, related support structure or right 
of way used or useful, in whole or in part, in the transmission of TV 
or telecommunications signals to subscribers.
d. "Pole Attachment Fee" refers to amount to be paid by the attaching 
entity to the pole owner In exchange for the pole attachment, 
payable at the end of every quarter of a year on a per role basis.
e. "Additional Maintenance Expense" refers to the necessary quarterly 
cost directly and exclusively pertaining to preserving the integrity and 
proper functioning of the pole attachment. It forms part of the pole 
attachment fee.
f. "Pole Premium" refers to the amount, equivalent to Twelve percent 
(12%) of the additional maintenance expense, payable to the pole 
owner as premium for the pole attachment. It forms for the other 
part of the pole attachment fee.
g. "Commission" refers to the National Telecommunications 
Commission as the implementing body of this Act.


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Sec. 5. Formula for the Pole Attachment Fee - The pole attachment fee shall 
be equal to the sum of the additional maintenance expense and the pole premium, 
wherein:
a. For the purposes of this Act, the additional maintenance expense 
shall be disputably presumed to be equal to Twenty-Five Pesos (Php 
25.00).
Provided, that the foregoing disputable presumption may be adjusted by 
the Commission Five (5) years after the passage of this Act and every 
Five Provided, that the foregoing disputable presumption may be 
adjusted by the Commission Five (5) years thereafter, as warranted by 
the arguments and proofs submitted by the parties. In no case shall the 
adjustment be more than Twenty percent (20%) of the previous amount 
of the disputable presumption.
Provided further, that the foregoing disputable presumption may be 
disputed on a case-to-case basis by the pole owner or the attaching 
entity, by way of submission to the Commission of proof of the necessary 
quarterly cost directly and exclusively pertaining to preserving the 
integrity and proper functioning of the pole attachment. During the said 
dispute, any payments made would utilize the foregoing disputable 
presumption subject to refund or additional payment as and after 
determined by the Commission.
b. For the purposes of this Act, the pole premium shall be equal to 
Twelve percent (12%) of the additional maintenance expense.
c. For the purposes of this Act, the number of utility poles for which 
pole attachment fees are payable shall be equal to the number of 
utility poles applied for pole attachment by the attaching entity minus 
the number of pole attachments validly denied by the pole owner.


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Provided, that the foregoing number of utility poies for which poies for which 
poie attachment fees are payable may be disputed on a case-to-case basis by the 
pole owner or the attaching entity, by way of subrhission to the Commission of proof 
pertaining to the actuai number of utiiity poies subject to poie attachments. During 
the said dispute, any payments made wouid utiiize the previous number of utility 
poles for which pole attachment fees were paid subject to refund or additional 
payment, as and after determined by the Commission.
Sec. 6. Non-discriminatory Access. - A pole owner shall provide and maintain 
non-discrimlnatory access to all utility poles and related support structures It owns 
and rights of way it controls in exchange for the payment of the pole attachment fee, 
on terms and conditions uniform to all attaching entities, including its own affiliates or 
subsidiaries. For this purpose, the pole owner shall submit to the Commission a copy 
of all pole attachment contracts It has entered into.
Prolided, that a pole owner may validly deny in writing a pole attachment to a 
utility pole or related support structure it owns or a right of way It controls by reason 
of recognized standards of safety, industry practices or generally accepted engineering 
principles.
Provided further, that In case a pole owner validly denies a pole attachment, or 
removes the same due to an emergency, and thereafter the reason for such denial or 
removal ceases or additional capacity becomes available for a pole attachment, the 
pole owner shall be bound to offer the capacity for a pole attachment to the denied 
or previous attaching entity first, before occupying the same or offering It to the other 
potential attaching entities. Including its own affiliates or subsidiaries. Any removal not 
due to an emergency shall require prior written notice to the attaching entity.
Sec. 7. Rights and Responsibiiities of the Parties. - In addition to those provided 
for by the other provisions of this Act and by other relevant laws, the pole owner and 
the attaching entity shall have the following rights and responsibilities:


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a. The actual pole attachments shall be made, modified and removed 
at the cost and responsibility of the attaching entities whereas the 
maintenance and replacement of utility poles, related support 
structures and rights of way shall be at the cost and responsibility of 
the pole owner.
b. As far as practicable, the attaching entity shall make, modify and 
remove the pole attachments In a manner that preserves the integrity 
and proper functioning of the pole owner's utility poles, related 
support structures and rights of way, and likewise the pole owner 
shall conduct the maintenance and replacement of the utility poles, 
related support structures and rights of way in a manner that also 
preserves the integrity and proper functioning of the pole 
attachments.
c. In case of disputes between the parties to a proposed, pre-existing 
or previous pole attachment, the same shall be submitted to the 
Commission's determination subject to relevant procedural and 
evidentiary rules.
Sec. 8. Non-availability of Utility Poles, Related Support Structures and Rights 
of Way- In case utility poles, related support structures and/or rights of way used or 
useful, in whole and in part, in the transmission of TV or telecommunications signals 
are not available for pple attachment, legitimate cable TV operators and 
telecommunications companies shall have the option to secure and use their own 
provided the following requirements are complied with:
a. That said utility poles, related support structures and rights of way 
shall be secured and used by legitimate cable TV operators and 
telecommunications companies at their own cost and responsibility.
b. That the said utility poles, related support structures and rights of 
way shall be secured and used with due reference to the recognized


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standards of safety, industry practices and generaliy accepted 
engineering principles.
c. That the said utiiity poies, related support structures and rights of 
way shall be subject to the same pole attachment rules and 
regulations imposed by this Act.
Sec. 9. Penalty for Violation. - Whenever a party is found to have any provision 
of this Act or of any obligation or contract covered by it, upon the complaint of the 
violated party and as determined by the Commission, the violating party shall be 
compelled to rectify the violation at its own cost without prejudice to the applicable 
civil or criminal liabilities provided for by other relevant laws.
Sec. 10. Implementing Rules and Regulations. - The Commission as the 
implementing body of this Act shall perform the functions and duties necessary to 
carry out its purposes. Including the resolution of disputes and complaints and the 
promulgation of the appropriate implementing rules and regulations.
Provided, that the implementing rules and regulations shall, as far as 
practicable, be similar to the current procedural and evidentiary rules that the 
Commission follows and that the same should be promulgated within Two (2) months 
after the effectivity of this Act.
Sec. 11. Appropriations. - The amount necessary to carry out the provisions of 
this Act shall be provided in a supplemental budget or included in the General 
Appropriations Act of the year of its enactment Into law. Thereafter, the expenses for 
its continued Implementation shall be included in the subsequent General 
Appropriations Act.
Sec. 12. Transitory Provision. - Acts and contracts of parties executed before 
the effectivity of this Act shall be governed by the laws In force at the time of their 
execution, except that an any revocation, modification or novation made after the 
effectivity of this Act shall be subject to the provisions of this law.


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Sec. 13. Separability Clause. - If any provision of this Act is held invalid, all 
other provisions not affected thereby shall be remain valid.
Sec. 14. Repealing Clause. - All laws, presidential decrees, executive orders, 
rules and regulations or any issuances or parts thereof Inconsistent of this Act are 
hereby repealed or amended accordingly.
Sec. 15. Effectivity. - This Act shall take effect Fifteen (15) days after the 
publication in Two (2) newspapers of general circulation.
Approved,