Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

4472

HOUSE BILL NO.

Introduced by REP. FAUSTINO ‘INNO’ A. DY V

EXPLANATORY NOTE

This proposed measure pursues the policy of the State to undertake, in
cooperation with the private sector, a continuing program of urban and housing
development which considers the provision of integrated, reliable, and affordable
information and communications technology (ICT) services.

Among the bill’s key provisions are:

First, it mandates that existing and future housing projects, subdivisions, villages,
or other residential real property, including socialized or economic housing, shall
allocate an area within its designated “open space” for the establishment of ICT
infrastructure and related amenities.

However, in order to maintain the area reserved for parks, playgrounds and
recreational use, the developer may opt to provide an area for ICT infrastructure and
facilities from the net saleable lots outside the mandatory open space.

Second, the Passive Telecommunications Tower Infrastructure (PTT1) that will be
built in future and existing subdivisions shall be non-exclusive and shall be accessible
for shared use by ICT providers.

The bill also provides the remedy in case of denial of consent by Homeowners
Associations in existing subdivisions; creation of a rationalized locational plan; and the
conduct of information campaigns.

This measure will complement other government initiatives to fast-track the
roll-out of much needed infrastructure aimed at improving internet speed and mobile
connectivity in the country.


The House of Representatives last Congress approved on Third Reading a bill on
the same subject matter.

In view of the foregoing, the immediate passage of this measure in the 19th
Congress is earnestly sought.

x.

ISTINO ‘1 ADYV


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

No, 4472

HOUSE BILL NO. 11)

Introduced by REP. FAUSTINO ‘INNO’ A. DY V

AN ACT
MANDATING THE ALLOCATION OF AN AREA FOR INFORMATION AND.
COMMUNICATION TECHNOLOGY INFRASTRUCTURE AND FACILITIES IN
SUBDIVISIONS AND HOUSING DEVELOPMENT PROJECTS

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Housing Development
Digital Connectivity Act”.

SECTION 2. Declaration of Policy. — It is the policy of the State to undertake, in
cooperation with the private sector, a continuing program of urban and housing
development which considers the provision of integrated, reliable, and affordable
information and communications technology (ICT) services.

The State, recognizing the need for such an integrated approach in
nation-building, shall pursue the development of affordable housing side by side with
sustainable physical infrastructure that responds to the needs of the population and
residents including those pertaining to connectivity, health, education, housing,
community, public space, transportation, sports and recreation, the practice of faith,
public information, arts and culture, and public safety.

In pursuing these goals, particularly the strengthening of ICT infrastructure, the
State shall put the needed mechanisms, policies, and interventions in place including
those that will facilitate the processing of licenses, clearances, permits, certifications
or authorizations needed by the private sector in ensuring ICT connectivity in all housing
development.


SECTION 3. Definition of Terms. - As used in this Act:

a. Homeowners’ association refers to a nonstock, nonprofit corporation
registered with the Department of Human Settlements and Urban Development
(DHSUD), or one previously registered with the Philippine Guarantee Corporation or
the Securities and Exchange Commission, organized by owners or purchasers of a lot in
a subdivision, village or other residential real property located within the jurisdiction of
the association; or awardees, usufructuaries, legal occupants and lessees of a housing
unit and lot or lot in a government socialized or economic housing or relocation project
and other urban estates; or underprivileged and homeless citizens as defined under
existing laws in the process of being accredited as usufructuaries or awardees of
ownership rights under the Community Mortgage Program, Land Tenure Assistance
Program and other similar programs in relation to a socialized housing project actually
being implemented by the national government or the local government unit;

b. Independent tower company (ITC) refers to a private entity duly
organized and existing under the laws of the Philippines, registered with the Department
of Information and Communications Technology (DICT), and engaged in the business of
establishing or operating one or more shared passive telecommunications tower
infrastructure;

c. Information and communications technology (ICT) refers to the totality
of electronic means to access, create, collect, store, process, receive, transmit, present
and disseminate information;

d. ICT infrastructure and facilities refer to telecommunications towers,
cell sites, base stations, antenna, commercial power systems, and other
telecommunication apparatus such as switches, cables and poles needed to provide
telecommunications service;

. ICT provider refers to any person, firm, partnership or corporation,
government or private, engaged in the provision of ICT services including public
telecommunications entity as defined under Republic Act (RA) No. 7925, otherwise
known as the “Public Telecommunications Policy Act of the Philippines”; and

f. Passive telecommunications tower infrastructure (PTT) refers to all
types of indoor or outdoor non-electronic communications infrastructure or civil
works, including towers, masts, poles, and other similar infrastructure such as the
following:

1, Appurtenant shelters, sheds, cabins, cabinets or other similar housing for
the base-band units, radio units, and related electronic equipment, as well
as the cable entrances thereof;


2. Ducts, ladders, arresters, mounts, cable entrances, and the cable trays of
the PTT;

3. Shared fiber optic or radio frequency cables or other similar equipment
assemblies that make up the fronthaul;

4. Power supply and back-up power management systems; and

5. All other facilities necessary and pertinent for the proper, resilient, and
continuous operation of a PTTI, built either on the ground or installed on
buildings, walls, rooftops or other edifice, that are utilized for purposes of
mounting antennas, transmitters or receivers, radio frequency modules,
and other radio communications systems as macro cell sites for the
rendition of information and communications technology services in the
telecommunications network.

SECTION 4. Housing Development Enhancement. - To promote the accessibility of
information and communications technology and ensure digital connectivity in urban
centers and populated areas of the country, all housing projects, subdivisions, villages,
or other residential real property, including socialized or economic housing, shall
allocate an area within its designated open space for the establishment of ICT
infrastructure and related amenities.

SECTION 5. Section 31 of Presidential Decree (PD) No. 957, as amended by PD 1216,
is hereby further amended to read as follows:

"Sec. 31. Roads, Alleys, Sidewalks and Open Spaces. The owner as
developer of a subdivision shall provide adequate roads, alleys and sidewalks. For
subdivision projects one (1) hectare or more, the owner or developer shall
reserve thirty percent (30%) of the gross area for open space. Such open space
shall have the following standards allocated exclusively for parks, playgrounds,
recreational use, INFORMATION AND COMMUNICATIONS TECHNOLOGY
INFRASTRUCTURE AND FACILITIES, AND OTHER RELATED AMENITIES:

(a) 9% of gross area for high density or social housing (66 to 100 family lot per
gross hectare).

(b) 7% of gross area for medium-density or economic housing (21 to 65 family
lot per gross hectare).

(c) 3.5 % of gross area for low-density or open market housing (20 family lots
and below per gross hectare).

The[se] areas reserved for parks, playgrounds and recreational use shall be
non-alienable public lands, and non-buildable. The plans of the subdivision
project shall include tree planting on such parts of the subdivision as may be
designated by the [Authority] DEPARTMENT OF HUMAN SETTLEMENTS AND
URBAN DEVELOPMENT.

Upon their completion as certified to by the [Authority] DEPARTMENT
OF HUMAN SETTLEMENTS AND URBAN DEVELOPMENT, the roads, alleys,


sidewalks, [and] playgrounds, AREA SET ASIDE FOR INFORMATION AND
COMMUNICATIONS TECHNOLOGY INFRASTRUCTURE AND FACILITIES,
AND OTHER RELATED AMENITIES shall be donated by the owner or developer
to the city or municipality and it shall be mandatory for the local governments to
accept: Provided, however, That the parks and playgrounds may be donated to the
Homeowners Association of the project with the consent of the city or
municipality concerned. No portion of the parks and playgrounds donated
thereafter shall be converted to any other purpose or purposes.”

SECTION 6. Housing Projects. — A developer of a subdivision project shall set aside
an area for ICT infrastructure and facilities in the open space mandated under Section 31
of PD 957, otherwise known as “The Subdivision and Condominium Buyers’ Protective
Decree”, as amended.

(a) In order to maintain the area reserved for parks, playgrounds and
recreational use, and other public space for social infrastructure and community
activities, the developer may opt to provide an area for ICT infrastructure and
facilities from the net saleable lots outside the mandatory thirty percent (30%)
of the gross area for open space, and the use for ICT infrastructure and facilities
of these saleable lots zoned as residential shall be allowed, unless there are
express prohibitions under existing laws, regulations, and ordinances, and shall
not be used as a reason for denying the certificate of completion for the
subdivision project.

(b) All ICT infrastructure and facilities, particularly PTTI, to be built in
future housing subdivision projects shall be non-exclusive and shall be accessible
for shared use by ICT provider and all installation of active infrastructure such as
antennas, transmitters, receivers, radio frequency modules, radio communication
systems, and other active information and communications technology
equipment, units, and implements for macro cell sites, as well as improvements,
renovations, upgrades, or updates thereof, shall be co-located thereon.

SECTION 7. Existing Subdivisions. — Homeowners’ associations in existing
subdivisions shall provide an area in the open space mandated under Section 31 of PD
957, as amended by this Act, where ICT infrastructure and facilities shall be established.

(a) _ If the area identified for ICT infrastructure and facilities is located
in an open space in an existing subdivision already donated and accepted by the
city or municipality, the consent of the city or municipality shall be secured.

(b) If the area identified for ICT infrastructure and facilities is located
in an open space in an existing subdivision already donated and turned over to the
homeowners’ association with the consent of the city or municipality, the
homeowners’ association shall be consulted in accordance with Section 19 of RA
9904 and secure its consent.


(c) If the area identified for ICT infrastructure and facilities, however,
is a lot in an existing subdivision owned by a private individual, no such consent
from the homeowners’ associations shall be required and the deed of restrictions
insofar as the subject lot is concerned shall be deemed modified accordingly:
Provided, That the subsequent related application for clearances before the
homeowners’ association shall be strictly governed by the guidelines provided
under Section 15 of RA 11032, otherwise known as the “Ease of Doing Business
and Efficient Government Service Delivery Act of 2018” and violation thereof
shall be imposed the sanctions set forth in the law.

(@ All ICT infrastructure and facilities, particularly PTTI, to be built in
existing subdivision shall be non-exclusive and shall be accessible for shared use
by ICT provider and all installation of active infrastructure such as antennas,
transmitters, receivers, radio frequency modules, radio communication systems,
and other active information and communications technology equipment, units,
and implements for macro cell sites, as well as improvements, renovations,
upgrades, or updates thereof, shall be co-located thereon.

(e) Existing subdivisions with established ICT infrastructure and
facilities shall be deemed compliant with this Act: Provided, That the ICT
infrastructure and facilities are compliant with the requirements of the DICT.

SECTION 8. Jurisdiction of Human Settlements Adjudication Commission. — In
case of denial of consent by the homeowners’ association under Section 7(b), ICT
providers may file a case before the Regional Adjudicator of the Human Settlements
Adjudication Commission. The Regional Adjudicator of the region where the
subdivision is located shall exercise original and exclusive jurisdiction to hear and
decide the case.

SECTION 9. Rationalized Locational Plan. - The DICT and the National
Telecommunications Commission (NTC) shall prepare a comprehensive locational plan
that identifies the sites for the construction and establishment of ICT infrastructure and
facilities in accordance with the comprehensive land use plan and zoning ordinance of
each local government unit.

The rationalized locational plan shall be reviewed every five (5) years by the
DICT and NTC, in coordination with the DHSUD and the Department of the Interior and
Local Government (DILG).

The NTC shall issue the document certifying the necessity for ICT infrastructure
and facilities as provided under the rationalized locational plan of proposed sites.

SECTION 10. Information Campaign. — The DICT shall, in partnership with the
DHSUD, DILG, Department of Health (DOH), and the Food and Drug Administration


(FDA), in coordination with ICT providers, conduct an information campaign to address
the safety concerns on the radio frequency radiation emitted by telecommunication
towers.

SECTION 11. Implementing Rules and Regulations. — Within sixty (60) days from
its effectivity, the DHSUD shall, in consultation with the DICT, NTC, DILG, DOH, and
the stakeholders, promulgate the necessary rules and regulations for the effective
implementation of this Act.

SECTION 12. Separability Clause. — If any provision of this Act shall be declared
unconstitutional or invalid, the other provisions not otherwise affected shall remain in
full force and effect.

SECTION 13. Repealing Clause. — Sec. 31 of PD 957, as amended by PD 1216, is
hereby amended. All laws, decrees, executive orders, proclamations and other executive
issuances which are inconsistent with or contrary to the provisions of this Act are
hereby amended or repealed accordingly.

SECTION 14. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,