NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SEN
S. No.
(0k Senate
l0fflCP 0( tl)f
*22 JUL25 P2:15
RliCEiVhO EV:
Introduced by Senator Grace Poe
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.
Philippine Internet is second-most expensive in ASEAN 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 As a 
result of the poor and low-quality access to Internet among many, especially In the 
countryside Filipinos are the slowest adopter of e-commerce in Southeast Asia.2
The poor state of Internet connectivity has also significantly affected the growth 
and global competitiveness of the Philippines' digital firms: World Bank's June 2022 
Philippine Economic Update repoits that 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.
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.
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
1 Based on comparative 2016 and 2021 A4AI Affordability Report, https://a4ai.oro/affordabiIitv- 
report/report/2021/ and https://a4ai.ora/affordabilitv-report/report/2015/
2 Based on Google's e -Conomy SEA 2021 report, 
file:///D:/Files/Downloads/ qs documents 12741 economy sea 2021 report.pdf


away from outdated policy and regulations. Under these outdated rules, Filipinos have 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.7/3
The legal framework proposed in this bill will 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.
This bill proposes to:
o Provide for an expedited administrative process for the qualification and 
registration of Internet network and service providers;
o Encourage infrastructure sharing and efficient deployment of Internet 
infrastructure;
o Promote the rights of end users and provide protections and recourse to 
consumers; and
o Clarify responsibilities and of the Department of Information and 
Communications Technology (DICT) and National Telecommunications 
Commission (NTC), and empower them to fulfill the objectives of this bill.
As the world continues inexorably 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.
Hence, immediate approval of this measure is eagerly sought.
GRACE
3 From the World Bank's Philippine Digital Economy Report 2020, 
https://documentsl.worldbank.orq/curated/en/796871601650398190/Ddf/PhiliDDines-Diqital-Economv-
Report-2020-A-Better-Normal-Under-COVID-19-Diaitalizinq-the-Philippine-Economv-Now.pdf


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
SEN
S. No.
©Ciiatf
of tijf
•22 JUL25 P2:14
RECEIVED BY;
Introduced by Senator Grace Poe
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
1 
Section 1. Short Title. - This Act shall be known as the "Open Access in Internet
2 
Services Act".
3 
Sec. 2. Declaration of Policy. - It is the policy of the State to narrow the digital
4 
divide in the country by encouraging the development of digital infrastructure,
5 
particularly the Internet, as the foundation of the country's digital transformation. It
6 
shall promote the construction and development of reliable, affordable, secure, open
7 
and accessible Internet networks, especially in the unserved and underserved areas.
8 
Moreover, the State shall remove barriers to competition in the provision of Internet
9 
services and create an entrepreneurial ecosystem where persons who wish to engage In
10 
the Internet service industry can compete openly and freely in the spirit of fair
11 
competition and permission-less innovation. The State shall promulgate policies that
12 
require Internet networks to adhere to globally competitive standards for speed and
13 
quality.
14 
Sec. 3. Definition of Terms. - As usee in this Act:


1 
(a) Basic telephone service refers to the local exchange telephone service for
2 
residence and business establishments provided via the circuit switched telephone
3 
network;
4 
(b) Cellular Mobile Telephone Service (CMTS) refers to the wide area mobile radio
5 
telephone system with its own switch, base stations and transmission facilities capable
6 
of providing high capacity mobile telecommunications by utilizing radio frequencies;
7 
(c) Content x^^exs to, among others, texts, images, audios, videos, and animations
8 
that are carried over the Internet network;
9 
(d) International gateway or cable landing station refers to a segment of the
10 
Internet network that consists of any facility that provides an interface to send and
11 
receive Internet traffic between one country's domestic network facilities and those in
12 
another country;
13 
(e) Internet is a global network connecting computers and electronic devices that
14 
allows people to access and share information and communicate from anywhere with
15 
an Internet service;
16 
(f) Internet access xdexs to the abllky of individuals, households, and organizations
17 
to connect to the Internet using any connection method or technology;
18 
(g) Internet network refers to any and all types of facilities, equipment, or
19 
infrastructure for the construction, propagation, administration, operation, and/or
20 
maintenance of a network for Internet connectivity using any technologies, devices, and
21 
equipment, as well as their accessions and accessories. The Internet network is
22 
composed of various Interconnected segments, which are interconnected in order to
23 
provide Internet service to the end user;
24 
(h) Internet service refers to a service that provides a means for accessing or using
25 
the Internet over any connection method or technology. Internet service can refer to
26 
the provision of: (1) Internet network service or (2) Internet access service.
27 
(i) Internet service provider (ISP) refers to any person, firm, partnership or
28 
corporation, government or private, engaged in the provision of Internet services. An
29 
ISP can provide an Internet network service and/or Internet access service;


1 
(j) Passive infrastructure collectively refers to towers, poles, cable entrances, ducts,
2 
dark fiber, utility corridors, and any other non-electronic infrastructure and facilities,
3 
either existing or to be deployed In the future, that may be used to support Internet
4 
services. Passive Infrastructure Is a component of the Internet network; and
5 
(k) Peering refers to a process where Internet networks connect directly and
6 
exchange traffic between their users, mostly on a settlement-free basis where neither
7 
ISP pays for the exchange. Peering can be done through an Internet exchange point
8 
(IXP).
9 
CHAPTER II
10 
Organization and Operation of the Internet Service Industry
11 
Sec. 4. Scope. —This Act applies to any person or entity who participates in the
12 
Internet service industry. Any person or entity whose business deals with the provision
13 
of Internet network and Internet access services, shall be governed by the provisions of
14 
this Act. PTEs that are principally engaged in the provision of basic telephone services,
15 
such as an international carrier, Interexchange carrier, local exchange operator, and
16 
mobile radio or cellular mobile telephone service (CMTS) provider, as defined In the
17 
Public Telecommunications Policy Act of the Philippines or Republic Act No. 7925, and
18 
which also provide Internet services, shall likewise be subject to the provisions of this
19 
Act with respect to the Internet services they provide and the Interconnection to their
20 
networks that they extend to the participants of the Internet service industry.
21 
Sec. 5. Registration and Certification. — All segments of the Internet network shall
22 
be competitive and open. Notwithstanding the provisions of this Act or any other law,
23 
the following registration and certificatio i shall apply to the Internet service industry:
24 
(a) All Internet service providers (ISP) shall be required to register with the National
25 
Telecommunications Commission (NTC).
26 
(b)ISPs who wish to offer Internet network services shall apply and submit their
27 
network plans to the NTC who shall decide, using an administrative process, not
28 
more than sixty (60) days from the receipt of the application.


1 
(c) Those who will operate an international cable landing station shall secure a
2 
legislative franchise.
3 
(d) Unless they will operate an international cable landing station, ISPs shall not be
4 
required to secure a legislative franchise, Provisional Authority, or a Certificate of
5 
Public Convenience and Necessity or CPCN from the NTC in order to build, install,
6 
operate, and render Internet network and Internet access services. However, if
7 
they operate an international cable landing station, then they need to comply
8 
with the requirements of this Act.
9 
(e)ISPs shall be required to comply with globally accepted minimum information
10 
security standards, as prescribed by the Department of Information and
11 
Communications Technology (DICT).
12 
CHAPTER III
13 
Regulation of the Internet Service Industry
14 
Sec. 6. Open Access Approach to the Regulation of the Internet Service Industry. —
15 
The DICT shall be principally responsible for promulgating policies that shall be the
16 
basis for the regulation of the Internet service industry. The NTC shall be charged with
17 
implementing the policies of the DICT, maintaining the registry of ISPs, and handling
18 
complaints for violations of this Act.
19 
Sec. 7. DICT's Mandate for the Development of the Internet Service Industry - The
20 
DICT shall:
21 
(a) Be responsible for policy and standard-setting that will promote the development
22 
and propagation of Internet services, especially in the underserved and unserved areas;
23 
(b) Require the NTC to provide for an efficient and speedy administrative process In
24 
the registration of ISPs and to publish an updated database of registered ISPs annually,
25 
which shall include the exact location, ownership, technical specifications, and other
26 
relevant Information about the ISP's facility. This database may be made available to
27 
interested parties via a Freedom of Information request;
28 
(c) Develop a set of criteria for qualifying ISPs that will encourage the widest
29 
possible participation of as many industry players as possible who will build, operate.


1 
and offer Internet services in all segments of the network and to end users in different
2 
parts of the country;
3 
(d) Require the NTC to publish on its website an updated list of resources that can
4 
support the development of Internet networks, the National Radio Frequency Allocation
5 
Table (NRFAT) with the frequency assignments.
6 
(e) Adopt a technology-neutral framework that allows ISPs to use any technology,
7 
whether existing today or available in the future, for providing Internet service;
8 
(f) Mandate transparency in pricing and the publication of pricing information of
9 
ISPs to ensure fair trading within and between each Internet network segment so as to
10 
allow clear, comparative information on market prices and services;
11 
(g) Promote peering so that ISPs can connect to each other at the various segments
12 
and interfaces, preferably through a carrier-neutral Internet exchange point (IXP);
13 
(h) Promulgate policies that will encourage distributed local solutions rather than
14 
centralized ones, encouraging services that are closer to the user;
15 
(i) Promulgate, together with the Philippine Competition Commission (PCC), rules
16 
promoting fair and open competition and defining and regulating entities with
17 
substantial market power. The PCC and the DICT shall ensure that the principles and
18 
policies enshrined under the Philippine Competition Act are strictly adhered to in the
19 
Internet services industry. The PCC and the NTC shall ensure that all Industry players
20 
observe fair, reasonable, and nondiscriminatory treatment in all their dealings, and that
21 
barriers to entry are eliminated to make the industry highly competitive. To this end,
22 
within thirty (30) days from the effectivity of this Act, the PCC and the DICT shall enter
23 
into an agreement to foster and develop interagency cooperation mechanisms,
24 
including information-sharing tools, that guide them in the performance of their
25 
respective mandates, and in the promotion of fair competition in the Internet service
26 
Industry.
27 
(j) Promulgate, together with the Anti-Red Tape Authority (ARTA) and other
28 
relevant government agencies, rules, policies, and regulations that mandate the
29 
streamlining and fast-tracking of the approval process by national government
30 
agencies, local government units, homeowners' associations, and premises and estate


1 
management, such as building administrators and estate managers for permits,
2 
registrations, forms, certificates, requests or other requirements for the installation and
3 
deployment of Internet networks, including passive infrastructure for various types of
4 
networks, in accordance with the provisions of Republic Act No, 11032 also known as
5 
the Ease of Doing Business Act, or its amendments or future iterations.
6 
Sec. 8. Setting Performance Standards. - The DICT, in coordination with the NTC,
7 
shall prescribe performance standards for ISPs, after public consultation and hearings
8 
within six (6) months from the effectivity of this Act. It shall review and at least once a
9 
year and as necessary upgrade performance standards Imposed on the Internet service
10 
industr^^ to ensure that performance standards, at a minimum, be at par with service
11 
levels established in regional Internet service performance indices and aligned with
12 
international best practices. Such standards shall take into account service availability,
13 
speed, packet loss, jitter, and latency.
14 
Sec. 9. Infrastructure Sharing, Right of Way, and Co-iocation. — The DICT, in
15 
coordination with the NTC, ARTA, the Department of Public Works and Highways
16 
(DPWH), and other relevant government agencies, and after consultation with
17 
stakeholders, shall within one hundred eighty (180) days from the effectivity of this Act,
18 
promulgate policies, rules, and regulations to ensure that passive infrastructure,
19 
whether existing or built in the future, necessary or capable of supporting Internet
20 
networks or services are:
21 
(a) made mandatory for open access and made available for co-location and co-use
22 
by the owner of network facilities, equipment, and infrastructure on an open, fair, and
23 
nondiscriminatory basis to any access seeker's network facilities, in any segment,
24 
subject to the technical feasibility of the access seeker's request and the network facility
25 
and infrastructure owner's standard published offer terms, conditions, and rates.
26 
(b) built not only in the city centers, but most especially in the remote, unserved,
27 
and underserved areas in order for both existing and new players to extend Internet
28 
services throughout the country;
29 
(c) as far as possible, deployed together with roadworks, pipe-laying, and other
30 
infrastructure development by both government and private entities; and


1 
(d) proliferated in the most cost-efficient and timely manner through various means,
2 
including, encouraging the operation of independent entities that build and operate
3 
towers, dark fiber, and utility corridors, among other passive infrastructure that help
4 
facilitate Internet network deployment.
5 
For purposes of Internet services, the NTC shall, in case of a dispute arising from an
6 
infrastructure-sharing agreement: (1) mediate between an ISP and an infrastructure
7 
owner, and (2) serve as the primary enforcer of this provision.
8 
The DICT, in coordination with the PCC, shall ensure a level-playing field and price
9 
nondiscrimination among ISPs and network facility and infrastructure owners.
10 
The DICT, in coordination with the NTC, shall promulgate policies, rules, and
11 
regulations to ensure that buildings, condominiums, villages, towns, and subdivisions
12 
are all built with facilities, such as cable entrances, ducts, and risers, that allow
13 
nondiscriminatory access to multiple Internet service industry players In order for them
14 
to provide serx'ice.
15 
The DICT, in coordination with NTC and relevant government agencies, shall ensure
16 
the disaster resiliency and ease of recovery and restoration of passive infrastructure,
17 
such as towers, poles, and utility corridors, from the effects of disasters by strictly
18 
enforcing compliance with internationally-accepted engineering standards and best
19 
practices, and relevant engineering codes and codes of practice.
20 
CHAPTER IV
21 
Prohibited Acts
22 
Sec. 10. Prohibited Acts. —The following acts are prohibited:
23 
(a) Refusal to Plug and Play. - Any ISP, insofar as such person is so engaged, shall
24 
not refuse access to infrastructure to any other ISP, except for failure to pay open
25 
market fees for the access to the service. ISPs shall not impede the end-user's right to
26 
access and distribute Information and content, use and provide applications and
27 
services and use terminal equipment of their choice, regardless of the end user's or
28 
provider's location or the location, origin or destination of the Information, content,
29 
application or service via their Internet service.


1 
Agreements between ISPs and end users on commercial and technical conditions
2 
and the characteristics of Internet access services such as price, data volume or speed,
3 
and any commercial practices conducted by Internet access service providers shall not
4 
limit the exercise of the rights of end users laid down in the preceding paragraph;
5 
(b) Throttling. —An ISP shall treat all traffic equally when providing Internet access
6 
services without discrimination, restriction or interference, regardless of the sender and
7 
receiver, the content accessed or distributed, the applications or services used or
8 
provided, or the terminal equipment used.
9 
It shall be prohibited for an ISP to hinder or slow down services or applications or
10 
access to specific sites in the Internet except where (1) access to such sites, services or
11 
applications are prohibited by law; (2) it is necessary to preserve the integrity and
12 
security of the network and service of the provider or the equipment of the end user:
13 
Provided, That if the breach of Integrity or security is caused by the equipment of the
14 
end user, the provider has to notify the end user first and give the former sufficient
15 
time to rectify the situation; and (3) it is necessary to block the transmission of
16 
unwanted communications such as spam and child pornographic materials upon the
17 
complaint of the end user or the ISP;
18 
(c) Refusal to Give Information. — It shall be prohibited for any ISP, including PTEs
19 
with regard to its network and facilities, to refuse or fail to make available on a timely
20 
basis, to the other ISPs who interconnect with or get bandwidth from them, the
21 
technical information about their essential facilities or network facilities and
22 
commercially relevant information that are necessary for the efficient provision of
23 
services; and
24 
(d) Anti-competitive Cross-subsidization. - ISPs shall maintain separate books of
25 
accounts between different Internet network segments in order to allow identification of
26 
costs and revenues for each segment. Any violation of this provision shall give rise to a
27 
presumption of anti-competitive cross-subsidization, which shall then be referred to the
28 
PCC for proper determination and action, in accordance with the provisions of Republic
29 
Act No. 10667 also known as the Philippine Competition Act. Nothing herein shall


1 
prevent interconnecting networks from charging the appropriate cost-based
2 
compensation for the use of interconnection facilities.
3 
Sec. 11. Administrative Penaities. - Any person who fails to comply with the
4 
provisions of this Act shall be imposed a minimum penalty of a fine of not less than One
5 
hundred thousand pesos (P100,000.00) day for every day during which such default or
6 
violation continues, until the participant fully complies: Provided, that the maximum
7 
penalty under this provision shall not exceed Five million pesos (P5,000,000.00) for a
8 
single violation; and provided further. That if the ISP has a gross annual income not
9 
exceeding Ten million pesos (P10,000,000.00), the penalty that may be imposed shall
10 
be equivalent to one percent (1%) to two percent (2%) of its gross annual income. The
11 
NTC Is hereby authorized and empowered to impose such fine, after due notice and
12 
hearing.
13 
Sec. 12. Adjustment for Inflation, - The fines imposed under this Act shall be
14 
adjusted by the NTC, year-on-year, considering the prevailing cost of money based on
15 
the current consumer price index, and subject to publication of such adjustments.
16 
CHAPTER V
17 
Rights of Internet Service Users and Responsibilities of Internet Service
18 
Providers
19 
Sec. 13. Rights of End Users. -The user of Internet services shall have the following
20 
basic rights:
21 
(a) To be entitled to Internet services which is nondiscriminatory, reliable, and
22 
conforming with minimum standards set by the DICT and enforced by the NTC;
23 
(b) To be rendered Internet services within two (2) months from application for
24 
service;
25 
(c) Regular, timely and accurate billing, courteous and efficient service at business
26 
offices and online platforms, and by company personnel and contractors;
27 
(d) Timely correction of errors in billing and prepaid load credits and the immediate
28 
provision of rebates or refunds by the ISP without the need for demand by the user;
29 
and


1 
(e) Thorough and prompt Investigation of, and action upon complaints. The ISP shall
2 
endeavor to allow complaints to be received by any means convenient to the end user,
3 
Including voice calls, post, short messaging service (SMS), Instant messaging apps, and
4 
online communication, and shall keep a record of all complaints received and the action
5 
taken to address the complaints.
6 
Subject to the filing of a formal request to the ISP, a user may request the
7 
immediate termination of service without the imposition of fees or penalties, and with
8 
the refund of any fee or charge already paid by the user, should a data service provider
9 
not consistently comply with paragraphs (a), (d), and (e) of this section or any other
10 
minimum performance standards set by the DICT and enforced by the NTC.
11 
CHAPTER VI
12 
Final Provisions
13 
Sec. 14. Implementing Rules and Regulations. — Within sixty (60) days from the
14 
effectivity of this Act, the DICT, in coordination with the NTC, shall promulgate the
15 
necessary rules and regulations for its effective implementation.
16 
Sec. 15. Separability Clause. - Should any provision herein be declared
17 
unconstitutional, the other provisions not affected shall remain in full force and effect.
18 
Sec. 16. Repealing Clause. -All laws, decrees, orders, rules and regulations or other
19 
issuances or parts inconsistent with the provisions of this Act are hereby repealed,
20 
amended or modified accordingly.
21 
Sec. 17. Effectivity. - This Act shall take effect fifteen (15) days after its publication
22 
in the Official Gazette or in a newspaper of general circulation.
Approved,
10