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NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
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72 DEC 14 All :20
RECEIVED BV;
SENATE
S. B. NO. 1611
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
PROMOTING OPEN ACCESS IN INTERNET SERVICES AND FOR 
OTHER PURPOSES
EXPLANATORY NOTE
Despite continued improvements, Internet in the Philippines continues to be 
slower, more expensive, and less accessible compared to peers in the region and around 
the world. In fact, the quality of Internet in the country is the second most expensive in 
the ASEAN region, and has continued to slide down the rankings of the Alliance for 
Affordable Internet’s (A4AI) Affordability Drivers Index, even as Internet services in 
neighboring countries have gotten cheaper.1 More than half of Philippine households (or 
825) also remain to have no internet connection according to the National ICT Household 
Survey conducted by the Department of Information and Communications Technology.
The poor state of Internet connectivity has significantly affected the growth and 
global competitiveness of the Philippines’ digital firms. According to World Bank’s June 
2022 Philippine Economic Update, the number of digital firms in the country that use ICT 
for back-end systems for better productivity trail that of Vietnam, Malaysia, and 
Cambodia. Poor internet also exacerbated the learning loss experienced by Filipino 
learners during the pandemic.2
These problems with Philippine Internet are rooted in the poor state of the country’s 
Internet infrastructure - a product of a market where barriers to entry remain high and 
inefficiencies in network rollout continue to stunt the development of the digital 
infrastructure.
1 Based on comparative 2016 and 2021 A4AI Affordability Report.
2 October 1, 2021. Int’l study notes worst 'learning loss' among poorest PH kids. Inquirer. Retrieved from
https://qlobalnatlon.inauirer.net/199341/intl-studv-notes-worst-learninQ-loss-amonq-poorest-ph-kids (date last accessed: December 
5, 2022).


With the COVID-19 pandemic thrusting socio-economic life in the digital age, it is 
high time to adopt a framework that will pull the country out of the analog era and away 
from outdated policy and regulations. Under these outdated rules, Filipinos have little to 
no access to the variety of Internet technologies and services available today. A change 
in the legal framework is necessary to empower different types of Internet service 
providers, and address what the World Bank has described as “market failures in the 
provision of digital infrastructure.”3
In this with this, this bill provides for an “open access” framework to improve 
competition and encourage a diversity of technologies and business models for Internet 
access and services. Open access will simplify the entry of industry players and empower 
even small service providers to build and operate their own networks, complementing 
existing infrastructure of network providers to reach almost half of the population living in 
the rural areas.
As the world moves toward a digital future, this bill is an essential step for bringing 
all Filipinos online, and transforming the country into a truly connected, globally 
competitive economy.
Thus, the immediate passage of this bill is earnestly sought.
JOElZ/VILLANUEV.
3 From the World Bank's Philippine Digital Economy Report 2020,
https://documents1.worldbank.ora/curated/en/796871601650398190/Ddf/PhiliPPines-Diqltal-Economv-Report-2020-A-Better-Normal-
Under-COVID-19-Diaitalizina-the-PhiliPDine-Economv-Now.pdf


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
S. B. NO. 1611
Senate
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*22 DEC 14 All :20
Introduced by SENATOR JOEL VILLANUEVA
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AN ACT
PROMOTING OPEN ACCESS IN INTERNET SERVICES AND FOR 
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
CHAPTER I
Introductory Provisions
SECTION 1. Short Title. - This Act shall be known as the “Open Access in Internet 
Services 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 digital infrastructure, particularly 
the Internet, as the foundation of the country's digital transformation. It shall promote the 
construction and development of reliable, affordable, secure, open and accessible 
Internet networks, especially in the unserved and underserved areas. Moreover, the State 
shall remove barriers to competition in the provision of Internet services and create an 
entrepreneurial ecosystem where persons who wish to engage in the Internet service 
industry can compete openly and freely in the spirit of fair competition and permission­
less innovation. The State shall promulgate policies that require Internet networks to 
adhere to globally competitive standards for speed and quality.
SEC. 3. Definition of Terms. - As used in this Act;
(a) Basic telephone service refers to the local exchange telephone service for 
residence and business establishments provided via the circuit switched telephone 
network:


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(b) 
Cellular Mobile Telephone Service (CMTS) refers to the wide area mobile radio 
telephone system with its own switch, base stations and transmission facilities 
capable of providing high capacity mobile telecommunications by utilizing radio 
frequencies:
(c) 
Confenf refers to, among others, texts, images, audios, videos, and animations that 
are carried over the Internet network;
(d) 
International gateway or cable landing station refers to a segment of the Internet 
network that consists of any facility that provides an interface to send and receive 
Internet traffic between one country’s domestic network facilities and those in 
another country:
(e) 
Internet is a global network connecting computers and electronic devices that 
allows people to access and share information and communicate from anywhere 
with an Internet service;
(f) 
Internet access refers to the ability of individuals, households, and organizations to 
connect to the Internet using any connection method or technology;
(g) 
Internet network refers to any and all types of facilities, equipment, or infrastructure 
for the construction, propagation, administration, operation, and/or maintenance of 
a network for Internet connectivity using any technologies, devices, and equipment, 
as well as their accessions and accessories. The Internet network is composed of 
various interconnected segments, which are interconnected in order to provide 
Internet service to the end user;
(h) 
Internet service refers to a service that provides a means for accessing or using 
the Internet over any connection method or technology. Internet service can refer to 
the provision of: (1) Internet network service or (2) Internet access service;
(i) 
Internet service provider (ISP) refers to any person, firm, partnership or 
corporation, government or private, engaged in the provision of Internet services. 
An ISP can provide an Internet network service and/or Internet access service;
(j) 
Passive infrastructure collectively refers to towers, poles, cable entrances, ducts, 
dark fiber, utility corridors, and any other non-electronic infrastructure and facilities, 
either existing or to be deployed in the future, that may be used to support Internet 
services. Passive infrastructure is a component of the Internet network; and
(k) 
Peering refers to a process where Internet networks connect directly and exchange 
traffic between their users, mostly on a settlement-free basis where neither ISP pays 
for the exchange. Peering can be done through an Internet exchange point (IXP).
CHAPTER II
Organization and Operation of the Internet Service Industry


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SEC. 4. Scope. - This Act shall apply to any person or entity who participates in 
the Internet service industry, including any person or entity whose business deals with 
the provision of Internet network and Internet access services. Public 
Telecommunications Entities (PTEs) that are principally engaged in the provision of basic 
telephone services, such as an international carrier, inter-exchange carrier, local 
exchange operator, and mobile radio or cellular mobile telephone service (CMTS) 
provider, as defined in Republic Act No. 7925, otherwise known as the Public 
Telecommunications Policy Act of the Philippines, and which also provide Internet 
services, shall likewise be subject to the provisions of this Act with respect to the Internet 
services they provide and the interconnection to their networks that they extend to the 
participants of the Internet service industry.
Sec. 5. Registration and Certification. - All segments of the Internet 
network shall be competitive and open. Notwithstanding the provisions of this Act or any 
other law, the following registration and certification shall apply to the Internet service 
industry:
(a) 
All Internet service providers (ISP) shall be required to register with the National 
Telecommunications Commission (NTC).
(b) 
ISPs who wish to offer Internet network services shall apply and submit their network 
plans to the NTC who shall decide on the same within sixty (60) days from the receipt 
of the application.
(c) 
Those who will operate an international cable landing station shall secure a 
legislative franchise.
(d) 
Unless they will operate an international cable landing station, ISPs shall not be 
required to secure a legislative franchise. Provisional Authority, or a Certificate of 
Public Convenience and Necessity or CPCN from the NTC in order to build, install, 
operate, and render Internet network and Internet access services. However, if they 
operate an international cable landing station, ISPs shall need to comply with the 
requirements of this Act.
(e) 
ISPs shall be required to comply with globally accepted minimum information 
security standards, as prescribed by the Department of Information and 
Communications Technology (DICT).
CHAPTER III
Regulation of the Internet Service Industry
SEC. 6. Open Access Approach to the Regulation of the Internet Service 
Industry. - The DICT shall be principally responsible for the implementation of this Act, 
including promulgating policies regarding the regulation of the Internet service industry. 
The National Telecommunications Commission (NTC) shall be responsible for


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implementing the said policies, maintaining the registry of ISPs, and handling the
complaints for violations of this Act.
SEC. 7. DICT’s Mandate for the Development of the Internet Service Industry.
-The DICT shall:
(a) 
Be responsible for policy and standard-setting that will promote the development 
and propagation of Internet services, especially in the underserved and unserved 
areas;
(b) 
Coordinate with, and require the NTC to provide an efficient and speedy 
administrative process in the registration of ISPs, consistent with the provisions of 
Republic Act No. 9485 or the Anti-Red Tape Act of 2007, as amended by Republic 
Act No. 11032 or the Ease of Doing Business and Efficient Government Service 
Delivery Act of 2018. It shall also require NTC to publish an updated database of 
registered ISPs annually, which shall include the exact location, ownership, 
technical specifications, and other relevant information about the ISP’s facility. This 
database may be made available to interested parties via a Freedom of Information 
request:
(c) 
Develop a set of criteria for qualifying ISPs that will encourage the widest possible 
participation of as many industry players as possible who will build, operate, and 
offer Internet services in all segments of the network and to end users in different 
parts of the country:
(d) 
Require the NTC to publish on its website an updated list of resources that can 
support the development of Internet networks and the National Radio Frequency 
Allocation Table (NRFAT) with the frequency assignments;
(e) 
Adopt a technology-neutral framework that allows ISPs to use any technology for 
providing Internet service;
(f) 
Mandate transparency in pricing and the publication of pricing information of ISPs 
to ensure fair trading within and between each Internet network segment to allow 
clear, comparative information on market prices and services;
(g) 
Promote peering so that ISPs can connect to each other at the various segments 
and interfaces, preferably through a carrier-neutral Internet exchange point (IXP);
(h) 
Promulgate policies that will encourage distributed local solutions rather than 
centralized ones, encouraging services that are closer to the user;
(i) 
Promulgate, together with the Philippine Competition Commission (PCC), rules 
promoting fair and open competition and defining and regulating entities with 
substantial market power. The PCC and the DICT shall ensure that the principles 
and policies enshrined under Republic Act No. 10667, otherwise known as the


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Philippine Competition Act, are strictly adhered to in the Internet services industry. 
The PCC and 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 DICT shall enter into an 
agreement to foster and develop interagency cooperation mechanisms, including 
information-sharing tools, that guide them in the performance of their respective 
mandates, and in the promotion of fair competition in the Internet service industry; 
and
(j) Promulgate, together with the Anti-Red Tape Authority (ARTA) and other relevant 
government agencies, rules, policies, and regulations that mandate the streamlining 
and fast-tracking of the approval process by national government agencies, local 
government units, homeowners’ associations, and premises and estate 
management, such as building administrators and estate managers for permits, 
registrations, forms, certificates, requests or other requirements for the installation 
and deployment of Internet networks, including passive infrastructure for various 
types of networks, in accordance with the provisions of Republic Act No, 11032 also 
known as the Ease of Doing Business Act, or its amendments or future iterations.
SEC. 8. Setting Performance Standards. - Within six (6) months from the 
effectivity of this Act, the DICT in coordination with the NTC, shall prescribe performance 
standards for ISPs, after public consultation and hearings. It shall review and at least once 
a year and as necessary upgrade performance standards imposed on the Internet service 
industry to ensure that performance standards, at a minimum, be at par with service levels 
established in regional Internet service performance indices and aligned with international 
best practices. Such standards shall take into account service availability, speed, packet 
loss, jitter, and latency.
SEC. 9. Infrastructure Sharing, Right of Way, and Co-location. - Within one 
hundred eighty (180) days from the effectivity of this Act, the DICT, in coordination with 
the NTC, ARTA, the Department of Public Works and Highways (DPWH), and other 
relevant government agencies, and after consultation with stakeholders shall promulgate 
the necessary rules and regulations to ensure that passive infrastructure, whether existing 
or built in the future, necessary or capable of supporting Internet networks or services 
are:
(a) 
capable of open access and available for co-location and co-use on an open, fair, 
and non-discriminatory 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;
(b) 
built not only in the city centers, but most especially in the remote, unserved, and 
underserved areas in order for both existing and new players to extend Internet 
services throughout the country;


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(c) 
as far as possible, deployed together with roadworks, pipe-laying, and other 
infrastructure development by both government and private entities; and
(d) 
proliferated 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 passive infrastructure that help 
facilitate Internet network deployment.
For purposes of Internet services, the NTC shall, in case of a dispute arising from 
an infrastructure-sharing agreement: (1) mediate between an ISP and an infrastructure 
owner, and (2) serve as the primary enforcer of this provision.
The DICT, in coordination with the PCC, shall ensure a level-playing field and price 
nondiscrimination among ISPs and network facility and infrastructure owners.
The DICT, in coordination with the NTC, the Department of Housing and Urban 
Development (DHSUD) and other relevant agencies, shall promulgate the relevant rules 
and regulations to ensure that buildings, condominiums, villages, towns, and subdivisions 
are built with facilities, such as cable entrances, ducts, and risers, that allow non- 
discriminatory access to multiple Internet service industry players to facilitate the 
provision of services.
The DICT, in coordination with the NTC and relevant government agencies, shall 
also ensure the disaster resiliency and ease of recovery and restoration of passive 
infrastructure, 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 and/or building codes and codes of practice.
CHAPTER IV 
Prohibited Acts
SEC. 10. Prohibited Acts. - The following acts shall be prohibited:
(a) Refusal to Plug and Play. Any ISP shall not refuse access to infrastructure to any 
other ISP, except for failure to pay open market fees for the access to the service. 
ISPs shall not impede 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 Internet 
service. For the avoidance of doubt, agreements between ISPs and end users on 
commercial and technical conditions and the characteristics of Internet access 
services such as price, data volume or speed, and any commercial practices 
conducted by Internet access service providers shall not limit the exercise of the 
rights of end users as provided under this Act.


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(b) 
Throttling. An ISP shall treat all traffic equally when providing Internet 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.
For this purpose, it shall be prohibited for an ISP to hinder or slow down 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 ISP;
(c) 
Refusal to Give Information. It shall be prohibited for any ISP, including PTEs with 
regard to its network and facilities, to refuse or fail to make available on a timely 
basis, to the other ISPs who interconnect with or get bandwidth from them, the 
technical information about their essential facilities or network facilities and 
commercially relevant information that are necessary for the efficient provision of 
services: and
(d) 
Anti-competitive Cross-subsidization. ISPs shall maintain separate books of 
accounts between different Internet network segments to allow identification of costs 
and revenues for each segment. Any violation of this provision shall give rise to a 
presumption of anti-competitive cross-subsidization, which shall then be referred to 
the PCC for proper determination and action, in accordance with the provisions of 
the Philippine Competition Act. For the avoidance of doubt, nothing herein shall 
prevent interconnecting networks from charging the appropriate cost-based 
compensation for the use of interconnection facilities.
SEC. 11. Administrative Penaities. - Any person who fails to comply with the 
provisions of this Act shall be imposed a penalty of at least fine of at least One hundred 
thousand pesos (PI00,000.00) for each day of default or violation, until full compliance 
with the provisions of this Act; Provided, that the maximum penalty under this provision 
shall not exceed Five million pesos (P5,000,000.00) for a single violation; Provided 
further, That if the ISP has a gross annual income of not more than 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 hearing.
SEC. 12. 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.


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CHAPTER V
Rights of Internet Service Users and Responsibilities of Internet Service
Providers
SEC. 13. Rights of End Users. - Users 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 DICT and enforced by the NTC;
(b) 
To be rendered Internet services within two (2) months from application for service;
(c) 
Regular, timely and accurate billing, courteous and efficient service at business 
offices and online platforms, and by company personnel and contractors:
(d) 
Timely correction of errors in billing and prepaid load credits and the immediate 
provision of rebates or refunds by the ISP without the need for demand by the user; 
and
(e) 
Thorough and prompt investigation of, and action upon complaints. The ISP shall 
endeavor to allow complaints to be received by any means convenient to the end 
user, including voice calls, post, short messaging service (SMS), Instant messaging 
apps, 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 ISP, 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 DICT as enforced by the NTC.
ISPs shall also act on all consumer complaints regarding service interruption or 
other similar problems within one (1) day from the date the complaint; Provided, That if 
the concerned entity unreasonably fails to act within this period, except when the cause 
of such delay or failure is due to fortuitous events or causes beyond the control of the 
concerned entity, such concerned ISP shall reduce or refund, as the case may be, the 
corresponding bill of the consumer at an amount equivalent to the amount of the prepaid 
service or prescribed monthly bill divided by the number of days covered by the prepaid 
service or prescribed monthly bill and multiplied by the number of days the interruption 
occurred. The ISPs shall submit a quarterly report to the NTC detailing the service 
interruptions that occurred during the covered period, the complaints lodged before it and 
the actions taken on each complaint. Any dispute as to the propriety of the refund or 
deduction or penalty imposed in accordance with this Section shall be resolved by the 
NTC, upon appropriate complaint and subject to compliance with the due process of law.


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CHAPTER VI 
Final Provisions
SEC. 14. Implementing Rules and Regulations. - Within sixty (60) days from 
the effectivity of this Act, the DICT, in coordination with the NTC and upon consultation 
with relevant stakeholders, shall promulgate the necessary rules and regulations for the 
effective implementation of this Act.
SEC. 15. Separability Clause. - Should any provision herein be declared 
unconstitutional or invalid, the other provisions not affected shall remain in full force and 
effect.
SEC. 16. 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. 17. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved.