. ., 
,~ 
, 
, , ,  
. 
. 
,..., 
Q?:;$, 
.' ,.> 
... .., 
, .!> 
FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
1 
'3 
FEB 23 ['I 
7 1  
Introduced by Senator JUAN MIGUEL F. ZUBlRl 
EXPLANATORY NOTE 
Over the years, the problem of pilferage or theft, unauthorized use, 
interconnection or reception of any signal or service offered over a cable television 
(CATV) or cable internet system and/or network in the Philippines remains unresolved. 
In 2005, the Philippines ranked second among Asian countries with the highest number 
of illegal cable and satellite TV subscribers, with revenue losses of the local cable 
industry amounting to more than P5 billion. In 2007, the industry reported an estimate of 
$85 million loss in revenue from all forms of cable piracy, an increase of 5.4 percent 
from the previous year, of which an estimated P I  billion was foregone revenue of the 
government in terms of taxes, import duties and licensing fees. Illegal cable users ran to 
2.5 million, outnumbering the 1.6 million legal subscribers. 
This bill seeks to address the problems in the cable industry by giving protection 
to legitimate cable operators of cable television (CATV) systems and/or networks, and 
cable internet services, providing for penalties for the violation of any of the prohibited 
acts and at the same time enjoining the National Telecommunications Commission and 
various cable television associations in the Philippines to collectively undertake a 
vigorous campaign to inform the consuming public of the merits of the legislation when 
enacted. 
In view of the foregoing, immediate passage of this proposed measure is sought. 


q q t : ' , , .  
' j  
- .(' 
~ , , $ , : ' < .  
~ 
FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
9 FEE 23 p:i 121 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
fif:~'"~,'"" 
.:,I 
SENATE 
S. No. 3089 
Introduced by Senator JUAN MIGUEL F. ZUBlRl 
AN ACT 
PROHIBITING AND PENALIZING THE PILFERAGE AND THEFT, UNAUTHORIZED 
USE, INTERCONNECTION OR RECEPTION OF ANY SIGNAL OR SERVICE 
OFFERED OVER A CABLE TELEVISION (CATV) OR CABLE INTERNET SYSTEM 
AND/OR NETWORK OR THROUGH ANY UNAUTHORIZED INSTALLATION, 
ACCESS OR CONNECTION THERETO THROUGH THE USE OF CABLE OR OTHER 
EQUIPMENT AND PRESCRIBING PENALTIES THEREFOR 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be referred to as "The Anti' Cable 
Television and Cable Internet Pilferage Act of 2009". 
SEC. 2. Declaration of Policy. - It shall be the policy of the State to protect the 
general public and legitimate operators of (a) cable television (CATV) systems and/or 
networks that secure programming through the reception of local and foreign satellite, 
as well as other electromagnetic signals, and (b) cable internet services that provide 
access to the worldwide web through the CATV systemhetwork, from unauthorized 
connection or tapping to existing facilities through wired, wireless or electromagnetic 
means. Only subscribers duly authorized and/or registered with the CATV and/or cable 
internet service operator shall be allowed to receive any service or benefit offered 
and/or operated over a CATV or internet systemhetwork. 
SEC. 3. Definition of Terms. -As used in this Act: 
(a) "Cable television (CATV) systemlnetwork" refers to processes and facilities 
associated with the delivery of signals and programs provided for by broadcast 
television stations, local and foreign satellite program providers or CATV service 
operators, through origination, relay and reception of electronic or control signals of 
any design by wired, wireless, optical or other technological means for the purpose 
of providing multiple-channel CATV service to multiple subscribers within defined 
service areas. 
1 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
The term shall also include electronic equipment such as digital or analog 
receiver-decoder boxes, set-top and converter boxes as well as, but not limited to, 
master antennae television, satellite master antennae television, direct broadcast 
satellite, multi-point distribution service, a television receive only satellite program 
distributor and other providers of video and audio programming, whatever the 
technology. 
(b) “Cable internet systemlnetwork” refers to processes, including electronic 
equipment such as modems, associated for the access of the worldwide web 
through the facilities of the CATV systemlnetwork. 
(c) “Cable television (CATV) service operator” refers to any person, natural or 
juridical, public or private, granted a Certificate of AuthoritylProvisionaI Authority 
as provided under existing laws, rules and regulations, to install, operate and 
maintain a CATV systemlnetwork and service and is actually providing such 
service to its subscribers. 
(d) “Cable internet service operator” refers to any person, natural or juridical, public 
or private, which was issued a registration certificate as provider under existing 
laws, rules and regulations, to provide and facilitate access to the worldwide web 
through a CATV systemhetwork and is actually providing such service to its 
subscribers. 
SEC. 4. Prohibited Acts. - It is hereby declared unlawful for any person, 
whether natural or juridical, public or private, to: 
(a) Intercept or receive, or assist in intercepting or receiving, any signal or service 
offered over CATV and cable internet systemlnetwork by tapping, making 
or causing to be made any unauthorized connection to existing wired or 
wireless facilities with drop, feeder andlor trunk lines, or through the use of 
electronic equipment such as digital or analog receiver-decoder boxes, 
set-top or converter boxes, modems or any equivalent circumvention 
devices or methods that allow for unauthorized access or decoding of 
unencrypted 
or 
encrypted 
satellite 
program 
signals 
or 
other 
electromagnetic signals, or unauthorized access into the systemlnetwork 
of the cable internet service operator, or by the recording, manufacture, 
distribution, importation or sale, of intercepted or received CATV signals 
and cable internet service; 
(b) Engage in the unauthorized importation, sale, lease, distribution or 
possession of electronic equipment such as digital or analog receiver- 
decoder boxes, set-top and converter boxes, modem or any equivalent 
circumvention devices or methods that allow for unauthorized access or 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
I 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
decoding of unencrypted or encrypted satellite program signals or other 
electromagnetic signals, whether local or foreign, or unauthorized access 
into the system/network of the cable internet service operator; 
(c) Knowingly use or receive any direct or indirect benefit from CATV and cable 
internet service through the commission of any of the preceding prohibited 
acts; and 
(d) Wantonly, maliciously or willfully damage, destroy or remove CATV and/or 
cable internet facilities and accessories of authorized CATV and cable 
internet service operators resulting into system disruption or network 
degradation. 
SEC. 5. Prima Facie Evidence. - The presence of any of the following 
circumstances shall constitute prima 
facie evidence of the 
illegal tapping, 
interconnection or reception into the CATV or cable internet systemhetwork, by the 
person benefited thereby, and shall be the basis for (a) the immediate disconnection by 
the CATV or cable internet service operator to such person after due notice, (b) the 
holding of a preliminary investigation by the public prosecutor and the subsequent filing 
in court of the pertinent information, and (c) the lifting of any temporary restraining order 
or injunction which may have been issued against a CATV or cable internet service 
operator: 
(1) The presence of drop cable, feeder andlor trunk lines from the CATV or cable 
internet systemhetwork to the structures and facilities of the unauthorized 
person which has been confirmed by the CATV or cable internet service 
operator as not being a duly registered subscriber; 
(2) The unauthorized tapping of the drop cable, feeder and/or trunk lines into the 
CATV or cable internet system/network, and/or the unauthorized installation 
of electronic equipment such as digital or analogue receiver-decoder boxes, 
set-top and converter boxes, or modems, by persons not duly authorized by 
the CATV or cable internet service provider; 
(3) The unauthorized possession and use of electronic equipment such as digital 
or analogue receiver-decoder boxes, set-top and converter boxes, or modem 
used to intercept CATV signals or access the cable internet systemhetwork 
and which equipment have not been duly registered with the CATV or cable 
internet service operator or have not been covered by the appropriate 
licenses and permits from the proper government regulatory agency or 
agencies in accordance with existing laws, rules and regulations. 
3 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
SEC. 6. Penalties. -Any person who willfully violates any provision of this Act or 
commits any of the prohibited acts in Section 4 hereof shall be punished by an 
imprisonment of not less than two (2) years but not more than five (5) years, or a fine 
ranging from Fifty thousand pesos (P50,OOO.OO) to One hundred thousand pesos 
(PlOO,OOO.OO), or both, at the discretion of the court. 
SEC. 7. lnformation Dissemination. - The National Telecommunications 
Commission and the various cable television associations in the Philippines shall, in a 
collective effort, undertake a vigorous campaign to inform the consuming public of the 
existence of this Act within sixty (60) days from its effectivity and at least once a year 
thereafter. 
SEC. 8. Rules and Regulations. - The National Telecommunications 
Commission, in consultation with various cable television associations of the Philippines 
and other affected parties, shall, within sixty (60) days from the effectivity of this Act, 
issue the necessary implementing rules and regulations. 
SEC. 9. Recovery of Pilferage Losses. - Any duly authorized CATV or cable 
internet service operator may recover pilferage losses equivalent to at least one (1) year 
basic subscription fees presently charged to registered subscribers from such 
unauthorized persons found to have committed any of the herein prohibited acts. 
SEC. ‘lo. Repealing Clause. - All other taws, decrees, ordinances, rules, 
regulations and other issuances or parts thereof which are inconsistent with this Act are 
hereby repealed or modified accordingly. 
SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days after the 
completion of its publication in the Official Gazette or in any two (2) national 
newspapers of general circulation. 
31 
Approved, 
4