NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENfl^E
S.B. No. lo<C /
of fiic £ -. Cl cUg’
*22 SEP 19 P3 35
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Introduced by SENATOR IMEE R. MARCOS
AN ACT
MANDATING THE PROPER INSTALLATION AND MAINTENANCE 
OF OVERHEAD ELECTRIC DISTRIBUTION, COMMUNICATION 
LINES, AND RELATED STRUCTURES
EXPLANATORY NOTE
Section 24, Article II of the 1987 Constitution provides that, "The State 
recognizes the vital role of communication and information in nation-building."
The pandemic, which started in 2020, brought the whole world to a new normal. 
Two basic utilities are now crucial in surviving the new normal: electricity and internet. 
Governments must ensure that access to these basic rights are readily available and 
are efficiently maintained.
According to Fitch Solutions, power demand is expected to rebound strongly to 
pre-pandemic trends, which will necessitate stronger capacity growth and by extension, 
distribution growth. As of June 2021, the household electrification rate of the 
Philippines stood at 94.94%, which is equivalent to 24.57 million households with 
access to power. Experts expect annual power demand to grow on an average of 4.6% 
for the period 2020 to 2029. As such, the government must ensure continuous, reliable, 
and more efficient service from power distribution companies to deliver the basic 
energy needs of every Filipino household.
Another sector whose usage has been affected by the pandemic is the 
telecommunications industry. The new normal pushes everyone to connect digitally 
because of COVID restrictions and persisting health concerns. As of February 2022, 
there are 79.66 million internet users in the Philippines with 72.7% Internet user 
penetration rate according to Statista.com and a median download speed of 18.79


megabits per second (Mbps) for mobile internet and 49.10 Mbps for fixed broadband 
according to Ookla Speedtest.
Prolonged lockdowns strained the country's limited broadband infrastructure in 
2020. The country had its average fixed broadband speed down by 8.4% from 25.91 
Megabits per second (Mbps) in January 2020 to 23.74 Mbps in June 2020 which is 
second to the last in the ASEAN Region. The same has dramatically increased, however, 
following former President Rodrigo Roa Duterte's move to streamline the issuance of 
local government permits which generated a significant increase in permits granted to 
telcos from July 2020 to February 2022. The country's average fixed broadband speed 
registered at 52.16 Mbps in March 2022, as reported in the Ookla Speedtest Global 
Index. To maintain this development, the government needs to ensure that telcos are 
able to sustain fast connectivity in the country despite high demand periods such as 
the pandemic.
This bill seeks to uphold the general welfare of clients by improving the reliability 
of transmission lines for power and telecommunications by ensuring the sound 
maintenance of utility poles, cables, equipment, and accessories. It mandates all 
electric and telecommunication companies to conduct periodic inspections of their 
respective utility lines. In addition, local government units are tasked with monitoring 
the performance of the distribution companies within their jurisdiction.
For the foregoing reasons, the passage of this bill is earnestly sought.
IMEE R. MARCOS


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
S.B. No.
SENATE
1327
.5; I ■ ?.
of the -tvctarp
*22 SEP 19 P3 35
RtCEiVLD QV
Introduced by SENATOR IMEE R. MARCOS
AN ACT
MANDATING THE PROPER INSTALLATION AND MAINTENANCE 
OF OVERHEAD ELECTRIC DISTRIBUTION, COMMUNICATION 
LINES, AND RELATED STRUCTURES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
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SECTION 1. Short Title. - This Act shall be known as the "'Proper Installation 
and Maintenance of Overhead Electric Distribution and Communication Lines Act.
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to 
ensure the safety and protection of life and property of every person in the Philippines 
and uphold the general welfare of the public.
It is also the responsibility of the government to promote good housekeeping 
and implement sound maintenance of utility poles, lines, cables, equipment and 
accessories in the conduct and delivery of services by electric distribution, cable, and 
telecommunications companies to their clients.
SEC. 3. Responsibility of Electric Distribution and Telecommunications 
Companies. - It shall be the responsibility of the electric distribution and 
telecommunication companies to prepare contingencies for calamities or any 
unforeseen event that may cause harm, expose a person to peril and cause damage to 
property, by undertaking necessary precautionary measures to prevent the same. 
Toward this end, all electric distribution and telecommunications companies shall 
perform the following over all of its overhead electric distribution and communication 
lines:


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a) Conduct periodic inspection in compliance with the standard clearance under the 
Philippine Electrical Code Part 2 (PEC 2) and as provided for in this Act or its 
implementing rules and regulations;
b) Fix and bundle-up dangling overhead secondary and communication lines;
c) Remove unused overhead electric distribution and communication lines;
d) Replace all unused, misplaced, damaged and rotten utility poles;
e) Strictly adhere to and ensure compliance with the standards and regulations 
provided under the Philippine Electrical Code, as approved and adopted by the 
Board of Electrical Engineering of the Professional Regulation Commission pursuant 
to the mandate vested upon the Board under Republic Act No. 7920, otherwise 
known as the "New Electrical Engineering Law");
f) Submit an annual report to the concerned Sangguniang Bayan or Panlungsod of the 
status of the installation and maintenance of overhead electric distribution, 
communication lines and related structures in the respective locality and their 
compliance to the provisions of this Act. Provided, that in case of a devastating 
calamity, a report should also be submitted within a period of sixty (60) days from 
the date of the said calamity; and
g) Shoulder any and all costs necessary to efficiently carry-out the aforementioned 
acts.
SEC. 4. Joint Use of Structures. - The joint use of structures shall be considered 
for circuits along highways, roads, streets, and alleys. The choice between joint use of 
structures and separate lines shall be determined through consideration of all the 
factors involved, including the character of circuits, the total number and weight of 
conductors, tree conditions, number and location of branches and service drops, 
structure conflicts, and availability of right-of-way and other factors as may be provided 
in the rules and regulations to be promulgated to implement. Where such joint use is 
mutually agreed upon, it shall be subject to the appropriate grade of construction 
specified in Article 3.5 of PEC 2,
SEC. 5. Responsibility of the Local Government Units (LGUs). - All cities and 
municipalities shall, through their respective city or municipal engineers or the 
Department of Public Works and Highways (DPWH) in the case of national roads, 
ensure that every electric distribution and telecommunication company, within their 
territorial jurisdiction, comply with the provisions of Section 3 of this Act. The 
Sangguniang Panlungsod or Sangguniang Bayan concerned shall, pursuant to Republic 
Act No. 7160, as amended, otherwise known as the Local Government Code, issue an 
ordinance governing the overhead Installation of electric distribution lines, cables and 
utility poles, in accordance with the Electrical Code, National Building Code and RA No.


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11361 or the Anti-Obstruction of Power Lines Act and in consultation with the agencies 
concerned.
The city or municipal engineer, or the authorized representative of such city or 
municipality shall, in addition to the authority to withhold the grant or renewal of 
licenses or business permits, file a complaint against the electric distribution or 
telecommunications company, which fails to conduct periodic inspection of its 
respective electric distribution or communication line installations or fix or bundle up 
its lines or remove all old and unused lines in violation of the regulations and standards 
provided for under the PEC 2 before the court of competent jurisdiction. Any person 
may file an administrative complaint against the city or municipal engineer who fails to 
monitor the compliance of electric distribution, and telecommunications companies with 
the standards and regulations provided under the PEC 2.
Once it has been notified of a possible violation, the city or municipality, or the 
DPWH in the case of national roads, shall send notice to the erring company to allow 
it to rectify its error within a reasonable time or to explain Its reasons for failure to 
comply with the standards set forth in Republic Act No. 7920 and Its implementing 
rules and regulations. Upon failure to rectify its error or continuous non-compliance 
without justifiable cause, the city or municipal engineer, or the DPWH in the case of 
national roads, may conduct an investigation, upon due notice to the erring company. 
A finding of fault by the authorized person conducting the investigation may result in 
the withholding of the renewal of the corresponding business licenses or permits for 
erring electric distribution and telecommunications companies.
The public utility companies shall notify the LGU concerned of violations on the 
issuance of building permits for non-compliance with the rules and the standards on 
setbacks and clearances under the Philippine Electrical Code, the National Building 
Code, and the "Anti-Obstruction of Power Lines Act" or Republic Act No. 11361, as 
provided in this Act.
SEC. 6. Issuance of a Certificate of Pubiic Safety Compiiance (CPSC). - In 
addition to the Certificate of Public Convenience and Necessity (CPCN) issued by the 
Energy Regulatory Commission (ERC), which stipulates that the operation of the 
business of an electric distribution, cable, or telecommunication company will promote 
public interest in a proper and suitable manner, a Certificate of Public Safety 
Compliance (CPSC) shall also be issued by the LGU, in accordance with the Philippine 
Electrical Code, to an electric distribution, cable, or telecommunication company to


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ensure the public safety upon its operation in a particular area. Application for a CPSC 
shall be acted upon promptly pursuant to Section 11 of Republic Act No. 11032, 
otherwise known as the "Ease of Doing Business and Efficient Government Service 
Deiivery Act of 2018', on the streamlined procedures for the issuance of local business 
licenses, clearances, permits, certifications or authorizations: Provided, That the failure 
of an LGU to act upon an application for a CPSC duly filed with complete supporting 
documents within the prescribed timeframe shall be deemed an approval of such 
application. The CPSC shall be valid for a period of five (5) years. A valid and existing 
CPSC shall be a pre-requisite for the renewal of operations of an electric distribution, 
cable, or telecommunication company.
No electric distribution, cable, or telecommunication company shall be allowed 
to operate in a particular area without a valid CPSC upon inspection by the city or 
municipal engineer.
SEC. 7. Instailation of Overhead Eiectric Distribution Lines/ Cables and Utility 
Poles and Standard Requirements. - All installation of overhead electric distribution 
lines, cables, and utility poles shall be inspected by the city or municipal engineer, or 
the DPWH, whichever Is applicable. Installation of overhead electric distribution lines, 
cables and utility poles shall conform to the PEC 2, Philippine Distribution Code (PDC), 
Distribution Services and Open Access Rules (DSOAR), National Building Code (NBC), 
and other applicable existing local and international standards, of which compliance 
shall be ensured by the Inter-Agency Committee under Section 9 of this Act. The 
specific location shall be inspected by the engineering officials prior to, during and after 
the installation.
In cases where the ideal location of a pole installation is unavailable, the 
concerned city or municipal government, or the DPWH, shall assist the pole owner in 
identifying and securing the right-of-way (ROW) for alternative pole locations, at no 
cost to the government.
Pending the promulgation of standards by the Inter-Agency Committee under 
Section 9 of this Act, or a uniform set of requirements by the barangay, city, or 
municipal government unit on the overhead installation and maintenance of electric 
distribution lines, cables, utility poles, equipment and accessories, the city or municipal 
government shall assist the owner of a facility on issues concerning the same.


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SEC. 8. Creation of a Monitoring and Service Team. - A Monitoring and Service
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Team, led by the city or municipal engineer and composed of representatives from the
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pole owners and the electric distribution, cable, and telecommunications companies,
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shall. In coordination with the barangay, city, or municipal-engineer or the DPWH,
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whichever is applicable, be created to perform the immediate and necessary clean-up
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operation and maintenance of overhead electric distribution lines, cables, utility poles,
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equipment and accessories in compliance with the provisions of this Act. The clean-up
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operation shall commence within six (6) months from the promulgation of the
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Implementing Rules and Regulations (IRR) pursuant to Section 13 of this Act.
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SEC. 9. Roie of the Monitoring and Service Team. - The Monitoring and Service
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Teams of electric distribution, cable, and telecommunications companies shall conduct
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a semi-annual inspection to check compliance to Section 3 of this Act and maintenance
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of their electric distribution lines, cables, utility poles, equipment and accessories
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installed in a particular area for the efficient delivery of their services. Maintenance
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shall include proper bundling, casing and replacement of damaged electric distribution
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lines and cables, and repair and replacement of utility poles, equipment and
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accessories, and retirement of unused electric distribution lines, cables and utility
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poles.
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Electric distribution, cable, and telecommunications companies shall be given a
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reasonable period of time to relocate and realign displaced lines, cables, utility poles,
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equipment and accessories as a result of a public infrastructure work. The
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implementing government agency of a construction project shall Inform and
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coordinate with the electric distribution, cable, or telecommunication company
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concerned for the relocation of its lines, cables, utility poles, equipment and
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accessories. The cost of relocating such lines, cables, utility poles, equipment and
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accessories shall be shouldered by the implementing agency of the construction
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project. The implementing government agency shall provide its plans, specifications
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and provide utility corridors for the adequate evaluation of the design, construction,
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operation, and maintenance of facilities. All costs that shall be incurred in the necessary
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relocation of facilities of the public utilities concerned as a result of such public
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infrastructure work shall be borne by the Implementing agency or project proponent
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as part of its obligation to deliver the right-of-way, or by the private concessionaire,
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as the case may be.
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Any and all costs which shall be necessarily incurred on the clean-up operation
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and maintenance of overhead electric distribution lines, cables, utility poles, equipment
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and accessories in compliance with the provisions of this Act shall be shouldered and


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paid for by the electric distribution, cable, or telecommunications companies for whom 
the monitoring and/or service was undertaken to the city or municipal government 
where the city/ municipal engineer leading the monitoring and service team belongs.
A real-time inspection and monitoring shall be done in cases of emergencies 
and calamities.
SEC. 10. Inter-Agency Committee. - An Inter-Agency Committee to be chaired 
by the ERC and composed of authorized representatives from the DPWH, Department 
of the Interior and Local Government (DILG), Department of Information and 
Communications Technology (DICT), National Telecommunications Company (NTC), 
National Transmission Corporation (TransCo), National Electrification Administration 
(NEA), and representatives from the LGUs, Is hereby created to set the prescribed 
standards in the overhead installation of lines, cables, utility poles, equipment and 
accessories, monitor the same and conduct periodic Inspection thereof to ensure 
compliance thereto and shall jointly plan for the conduct of clean-up drives, identify 
issues, prioritize key areas, recommend best practices or way forward, to ensure 
compliance of the latter with applicable existing laws, rules and regulations of relevant 
agencies/offices of the government, such as the PEC, the PDC, and the NBC.
The Inter-Agency Committee may invite resource persons, if deemed necessary, 
from Professional Regulatory Board of Electrical Engineering (PRBEE), PRC-Board of 
Electronics and Communications Engineering (PRCBECE), the Institute of Integrated 
Electrical Engineers of the Philippines (IIEE) and two (2) representatives from the 
private sector.
SEC. 11. Penalty Provisions. - In addition to the civil liabilities prescribed by 
Article 2176 of the Civil Code on quasi-delict and the penalties prescribed by Article 
365 of the Revised Penal Code on criminal negligence, and unless otherwise provided 
under special laws, an electric distribution, cable, or telecommunications company 
found in violation of any provision of this Act, shall be punished with a fine of not less 
than Two hundred fifty thousand pesos (P250,000.00) but not more than Five hundred 
thousand pesos (P500,000.00) for the first offense; a fine of not less than Five hundred 
thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00) 
for the second offense; and a fine of not less than One million pesos (P1,000,000.00) 
but not more than Two million pesos (P2,000,000.00) for the third and succeeding 
offenses, as may be determined by the court.


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SEC. 12. Joint Congressional Oversight Committee (JCOC). - There is hereby 
created a Joint Congressional Oversight Committee to monitor the effective 
implementation of this Act, recommend the necessary remedial or administrative 
measures and perform such other duties and functions as may be necessary to attain 
the objectives of this Act.
The JCOC shall be composed of ten (10) members, with the Chairpersons of the 
Committees on Energy of both Houses of Congress as Co-Chairpersons. The 
Chairpersons of the House Committee on Information and Communications 
Technology and Senate Committee on Public Services shall be the Co-Vice 
Chairpersons. An additional three (3) members from each House, shall be designated 
by the Senate President and the Speaker of the House of Representatives, respectively: 
Provided, That at least one (1) member from each House shall be nominated by their 
respective Minority Leaders. The secretariat of the JCOC shall be the existing 
secretariat personnel of the concerned Committees of both Houses of Congress.
SEC. 13. Implementing Rules and Regulations. - The ERC shall, in consultation 
with the DPWH, DILG, DICT, NTC, TRANSCO, PRBEE, PRCBECE, NEA, lEE and 
representatives from the LGUs, the electric distribution, cable and telecommunications 
companies, promulgate the necessary Implementing Rules and Regulations (IRR) 
within one hundred twenty (120) days from the effectivity of this Act.
SEC. 14. Separability Clause. - If, for any reason or reasons, any part or 
provision of this Act shall be declared as unconstitutional or invalid, the other parts or 
provisions hereof which are not affected thereby shall continue to be in full force and 
effect.
SEC. 15. Repealing Clause. - All provisions of existing laws, orders, rules and 
regulations or parts thereof which are in conflict or inconsistent with the provisions of 
this Act are hereby repealed, amended or modified accordingly
SEC. 16. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper or in a newspaper of general 
circulation in the Philippines.
Approved,