Republic of the Philippines
HOUSE OF REPRESENTATIVES

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Quezon City naa
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SEVENTEENTH CONGRESS

First Regular Session RECISTRATION UNIT

2858

HOUSE BILL NO.

Introduced by REP, EDGAR MARY S. SARMIENTO

EXPLANATORY NOTE

‘The Constitution, Article II, Section 24, provides:
The State recognizes the vital role of communication and information
in nation-building

The arrival of the cellular phone in the early 1980s was a tuming point in
telecommunications. For the first time, people made and received telephone calls without
being tied to a specific location. Cellular phones have become an essential part of many
Filipinos’ lives with the number of cellular phone users increasing daily. However, cellular
phone companies have failed to cope with the increasing demand for cellular phone services,
and the National Telecommunications Commission (NTC) has received numerous complaints
about poor service from cellular subscribers.

The recent creation of the Department of Information and Communications Technology
(DICT), where NTC is now attached, is an opportune time to lobby for changes. This bill
seeks to establish minimum standards regarding the quality of mobile phone service and to
monitor complaints regarding such service.

In view of the foregoing, approval of this bill is eamestly requested

EDGAR MARY S. RMIENTOR

HOUSE OF REPRESENTATIVES
RECEIVED

IBIS AND INDEX SERVICE


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Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

2858

HOUSE BILL NO.

Introduced by REP. EDGAR MARY S. SARMIENTO

AN ACT
ESTABLISHING MINIMUM STANDARDS
IN THE QUALITY OF MOBILE PHONE SERVICES
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 “Cell Phone Subscriber

Protection Act.”

SECTION 2. Declaration of Policy. — It is the policy of the State to recognize the

vital role of communication and information in nation-building.

SECTION 3. Definition. — As used in this Act, the term:

(a) “Public Telecommunications Entity” or “PTE” means any person, firm,
partnership or corporation, government or private, engaged in the
provision of telecommunications services to the public for compensation;
and

(B) “Commission” means the National Telecommunications Commission.


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SECTION 4. Establishment of Standards Regarding Quality of Commercial Mobile
Service and Monitoring of Complaints Regarding Such Service

(A) In General. ~ The Commission shall, by regulation, establish such
requirements as the Commission considers appropriate to ensure that Public
Telecommunications Entities meet minimum standards regarding the quality and
performance of such service, which shall include standards regarding connection, reception,
and billing practices,

(B) Complaint System. —

(1) Establishment. ~ The Commission shall establish and administer a system that
makes available a procedure for any subscriber of a commercial mobile service to register a
complaint regarding the quality or performance of the service

(2) Toll-Free Number. ~ Such system shall include establishment of a toll-free
number applicable to commercial mobile services for reporting a complaint.

(3) Records, ~ The Commission shall maintain a record of each complaint made
under the system established pursuant to this Act.

(4) Notice. - The Commission shall require each Public Telecommunications
Entity of commercial mobile service to include, in each subscriber's bill for such service, a
statement informing the subscriber that a complaint regarding the quality or performance of
the service may be registered with the Commission and providing the toll-free number under
subparagraph (2) and an address for mailing a complaint. The Commission shall take such
other actions as may be appropriate to publicize the availability of the complaint system to
subscribers of commercial mobile services.

(C) Reporting of Complaints to Congress. ~ Every six (6) months, the
Commission shall submit a report to the Congress regarding complaints received under the

complaint system required under paragraph (B), which shall —


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(1) Indicate the number of complaints received, during the period for which the
report is made, regarding the service of the Public Telecommunications Entity for which a
complaint is made; and

(2) Indicate the types of complaints received during such period, including
complaints regarding dead spots, dropped calls, network busy signals, and improper billing
practices, and the number of each type of complaint received during such period.

Upon submission to the Congress of each report under this subparagraph, the
Commission shall make such report publicly through publication in at least two (2)
newspapers of general circulation.

(D) Effect on Consumer Protection Laws, ~ This paragraph may not be construed
as relieving any Public Telecommunications Entity from the obligation to comply with any
law, presidential decree or issuance, executive order, letter of instruction, administrative
order, rule or regulation relating to consumer protection or unfair trade.

(E) Rules and Regulations. ~ The Commission shall prescribe such regulations as

may be necessary to carry out the provisions of this Act

SECTION 5. Separability Clause. — If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain

valid and subsisting.

SECTION 6. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule, or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified, or amended

accordingly.


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SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.

Approved,