NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
SENATE
S. No. 1845
'%K^4©ffitr of tlje £• : f 1 pi.irj.
23 FEB-6 P6:45
RECEIVED BV
Introduced by Senator Raffy T. Tulfo
AN ACT PROMOTING OPEN ACCESS IN INTERNET SERVICES AND FOR
OTHER PURPOSES
Explanatory Note
In the Philippines, the Internet is a vital part of people's daily lives. It allows 
them to connect with friends and family, have access information, and conduct e- 
commerce. However, our country has the second-most expensive among ASEAN 
members despite being slow and less accessible especially in the country side.
In order to address this issue, the proposed bill seeks to promote competition 
and a variety of technologies and business models for Internet access and services. It 
is imperative to establish an "open access" framework that will provide for an 
expedited administrative process for the qualification and registration of Internet 
network and service providers. Encourage infrastructure sharing and efficient 
deployment of Internet infrastructure. Promote the rights of end users and provide 
protections and recourse to consumers; and seek clarification on the responsibilities 
and powers of the National Telecommunications Commission (NTC) and the


Department of Information and Communications Technology (DICQ and empower 
them to fulfiii the objectives of this bill.
Thus, the immediate passage of this bill is earnestly sought.
,FFY T. TULF


NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
SENATE
s. No. 1345
S'cur.a
of l!;r£fv?Mvi>
23 FEB-6 P6'45
RECEIVED BV.
Introduced by Senator Raffy T. Tulfo
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
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Sectionl. Short Title. - This Act shall be known as the "Open Access in Internet
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Services Act".
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Sec. 2. Declaration of Policy. - It is the policy of the State to narrow the digital
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divide in the country by encouraging the development of digital infrastructure,
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particularly the Internet, as the foundation of the country's digital transformation. It
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shall promote the construction and development of reliable, affordable, secure, open
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and accessible Internet networks, especially in the unserved and underserved areas.
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Moreover, the State shall remove barriers to competition in the provision of Internet


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services and create an entrepreneurial ecosystem where persons who wish to engage
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in the Internet service industry can compete openly and freely in the spirit of fair
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competition and permission less innovation. The State shall promulgate policies that
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require Internet networks to adhere to globally competitive standards for speed and
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quality.
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SEC. 3. Definition of Terms. - As used in this Act:
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(a) Basic teiephone service refers to the local exchange telephone service for
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residence and business establishments provided via the circuit switched telephone
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network;
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(b) Cellular Mobile Telephone Service (CMTS) refers to the wide area mobile radio
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telephone system with its own switch, base stations and transmission facilities capable
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of providing high capacity mobile telecommunications by utilizing radio frequencies;
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(c) Content refers to, among others, texts, images, audios, videos, and animations
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that are carried over the Internet network;
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(d) International gateway or cable landing station refers to a segment of the Internet
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network that consists of any facility that provides an interface to send and receive
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Internet traffic between one country's domestic network facilities and those in another
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country;
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(e) Internet is a global network connecting computers and electronic devices that
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allows people to access and share information and communicate from anywhere with
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an Internet service;
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(0 Internet access refers to the ability of individuals, households, and organizations
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to connect to the Internet using any connection method or technology;
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(g) Internet network refers to any and all types of facilities, equipment,
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or infrastructure for the construction, propagation, administration, operation, and/or
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administration, maintenance of a network for Internet connectivity using any
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technologies, devices, and equipment, as well as their accessions and accessories.
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The Internet network is composed of various interconnected segments, which are
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interconnected in order to provide Internet service to the end user;


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(h) Internet service refers to a service that provides a means for accessing or using
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the Internet over any connection method or technology. Internet service can refer to
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the provision of: (1) Internet network service or (2) Internet access service.
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(i) Internet service provider (ISP) refers to any person, firm, partnership or
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corporation, government or private, engaged in the provision of Internet services. An
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ISP can provide an Internet network service and/or Internet access service;
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(j)Passive infrastructure collectively refers to towers, poles, cable entrances, ducts,
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dark fiber, utility corridors, and any other non-electronic infrastructure and facilities,
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either existing or to be deployed in the future, that may be used to support Internet
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services. Passive infrastructure is a component of the Internet network; and
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(k) Peering refers to a process where Internet networks connect directly and exchange
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traffic between their users, mostly on a settlement-free basis where neither ISP pays
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for the exchange. Peering can be done through an Internet exchange point (IXP).
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CHAPTER II
Organization and Operation of the Internet Service Industry
Sec. 4. Scope, —This Act applies to any person or entity who participates in the 
Internet service industry. Any person or entity whose business deals with the provision 
of Internet network and Internet access services, shall be governed by the provisions 
of this Act. Public telecommunications entities (PTEs) that are principally engaged in 
the provision of basic telephone services, such as an international carrier, 
interexchange carrier, local exchange operator, and mobile radio or cellular mobile 
telephone service (CMTS) provider, as defined in the Public Telecommunications Policy 
Act of the Philippines or Republic Act No. 7925, 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.
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Sec. 5. Registration and Certification. — All segments of the Internet network
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shall be competitive and open. Notwithstanding the provisions of this Act or any other


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law, the following registration and certification shall apply to the Internet service
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industry:
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(a) Ali Internet service providers (ISP) shaii be required to register with the Nationai
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Teiecommunications Commission (NTC).
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(b)ISPs who wish to offer Internet network services shall apply and submit their
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network pians to the NTC who shaii decide, using an administrative process, not more
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than sixty (60) days from the receipt of the application.
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(c) Those who wiii operate an internationai cabie ianding station shaii secure a
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iegislative franchise.
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(d) Uniess they wiii operate an internationai cable landing station, ISPs shaii not be
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required to secure a legislative franchise. Provisional Authority, or a Certificate of
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Public Convenience and Necessity or CPCN from the NTC in order to buiid, instaii,
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operate, and render Internet network and Internet access services. However, if they
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operate an international cable landing station, then they need to comply with the
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requirements of this Act.
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(e) ISPs shall be required to compiy with giobally accepted minimum information
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security standards, as prescribed by the Department of Information and
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Communications Technology (DICT).
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CHAPTER III
Regulation of the Internet Service Industry
SEC. 6. Open Access Approach to the Regulation of the Internet Service 
Industry.-^Yhe DICT shall be principally responsible for promulgating poiicies that 
shall be the basis for the regulation of the Internet service industry. The NTC shall be 
charged with implementing the poiicies of the DICT, maintaining the registry of ISPs, 
and handiing compiaints for violations of this Act.
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SEC 7. DICT's Mandate for the Development of the Internet Service
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Industry.
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- The DICT shaii:


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(a) Be responsible for policy and standard-setting that will promote the development
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and propagation of Internet services, especially in the underserved and unserved
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areas;
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(b) Require the NTC to provide for an efficient and speedy administrative process in
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the registration of ISPs and to publish an updated database of registered ISPs
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annually,
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which shall include the exact location, ownership, technical specifications, and other
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relevant information about the ISP's facility. This database may be made available to
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Interested parties via a Freedom of Information request;
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(c) Develop a set of criteria for qualifying ISPs that will encourage the widest possible
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participation of as many industry players as possible who will build, operate, and offer
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Internet services in all segments of the network and to end users in different parts of
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the country;
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(d) Require the NTC to publish on its website an updated list of resources that can
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support the development of Internet networks, the National Radio Frequency
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Allocation
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Table (NRFATO with the frequency assignments.
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(e) Adopt a technology-neutral framework that allows ISPs to use any technology,
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whether existing today or available in the future, for providing Internet service;
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(f) Mandate transparency in pricing and the publication of pricing information of ISPs
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to ensure fair trading within and between each Internet network segment so as to
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allow clear, comparative information on market prices and services;
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(g) Promote peering so that ISPs can connect to each other at the various segments
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and interfaces, preferably through a carrier-neutral Internet exchange point (IXP);
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(h) Promulgate policies that will encourage distributed local solutions rather than
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centralized ones, encouraging services that are closer to the user;
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(i) Promulgate, together with the Philippine Competition Commission (PCC), rules
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promoting fair and open competition and defining and regulating entities with
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substantial market power. The PCC and the DICT shall ensure that the principles and
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policies enshrined under the Philippine Competition Act are strictly adhered to in the
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Internet services industry. The PCC and the NTC shall ensure that all industry players


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observe fair, reasonable, and nondiscriminatory treatment in all their dealings, and
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that barriers to entry are eliminated to make the industry highly competitive. To this
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end, within thirty (30) days from the effectivity of this Act, the PCC and the DICT shall
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enter into an agreement to foster and develop interagency cooperation mechanisms,
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including information-sharing tools, that guide them in the performance of their
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respective mandates, and in the promotion of fair competition in the Internet service
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industry.
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(j) Promulgate, together with the Anti-Red Tape Authority (ARTA) and other relevant
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government agencies, rules, policies, and regulations that mandate the streamlining
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and fast-tracking of the approval process by national government agencies, local
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government units, homeowners' associations, and premises and estate management,
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such as building administrators and estate managers for permits, registrations, forms,
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certificates, requests or other requirements for the installation and deployment of
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Internet networks, including passive infrastructure for various types of networks, in
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accordance with the provisions of Republic Act No, 11032 also known as the Ease of
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Doing Business Act, or its amendments or future iterations.
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Sec. 8. Setting Performance Standards. - The DICT, in coordination with the NTC,
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shall prescribe performance standards for ISPs, after public consultation and hearings
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within six (6) months from the effectivity of this Act. It shall review and at least once
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a year and as necessary upgrade performance standards imposed on the Internet
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service industry to ensure that performance standards, at a minimum, be at par with
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service levels established in regional Internet service performance indices and aligned
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with international best practices. Such standards shall take into account service
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availability, speed, packet loss, jitter, and latency.
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Sec. 9. Infrastructure Sharing, Right of Way/ and Co-iocation. — The DICT,
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in coordination with the NTC, ARTA, the Department of Public Works and Highways
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(DPWH), and other relevant government agencies, and after consultation with
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stakeholders, shall within one hundred eighty (180) days from the effectivity of this
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Act, promulgate policies, rules, and regulations to ensure that passive infrastructure.


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whether existing or built in the future, necessary or capable of supporting Internet
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networks or services are:
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(a) made mandatory for open access and made avaiiable for co-location and co-use
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by the owner of network facilities, equipment, and infrastructure on an open, fair, and
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nondiscriminatory basis to any access seeker's network facilities, in any segment,
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subject to the technicai feasibiiity of the access seeker's request and the network
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facility and infrastructure owner's standard pubiished offer terms, conditions, and
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rates.
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(b) built not only in the city centers, but most especiaiiy in the remote, unserved, and
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underserved areas in order for both existing and new players to extend Internet
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services throughout the country;
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(c) as far as possible, deployed together with roadworks, pipe-iaying, and other
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infrastructure deveiopment by both government and private entities; and
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(d) proliferated in the most cost-efficient and timely manner through various means,
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including, encouraging the operation of independent entities that buiid and operate
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towers, dark fiber, and utiiity corridors, among other passive infrastructure that help
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facilitate Internet network depioyment.
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For purposes of Internet services, the NTC shaii, in case of a dispute arising from an
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infrastructure-sharing agreement: (1) mediate between an ISP and an infrastructure
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owner, and (2) serve as the primary enforcer of this provision.
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The DICT, in coordination with the PCC, shaii ensure a level-playing field and price
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nondiscrimination among ISPs and network facility and infrastructure owners.
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The DICT, in coordination with the NTC, shall promulgate policies, ruies, and
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regulations to ensure that buiidings, condominiums, viliages, towns, and subdivisions
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are ail built with faciiities, such as cabie entrances, ducts, and risers, that allow
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nondiscriminatory access to multiple Internet service industry piayers in order for them
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to provide service.
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The DICT, in coordination with NTC and reievant government agencies, shaii ensure
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the disaster resiliency and ease of recovery and restoration of passive infrastructure,
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such as towers, poies, and utiiity corridors, from the effects of disasters by strictiy


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enforcing compliance with internationally-accepted engineering standards and best 
practices, and reievant engineering codes and codes of practice.
CHAPTER IV 
Prohibited Acts
Sec. 10. Prohibited Acts. —The following acts are prohibited:
(a) Refusal to Plug and Play. - Any ISP, insofar as such person is so engaged, shali 
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.
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 laid down in the preceding paragraph;
(b) Throttling. —An ISP shall treat all traffic equaily when providing Internet access 
services without discrimination, restriction or interference, regardiess of the sender 
and receiver, the content accessed or distributed, the applications or services used or 
provided, or the terminal equipment used.
It shall be prohibited for an ISP to hinder or slow down services or appiications 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


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time to rectify the situation; and (3) it is necessary to block the transmission of 
unwanted communications such as spam and chiid pornographic materials upon the 
complaint of the end user or the ISP;
(c) Refusal to Give Information.
- It shaii be prohibited for any ISP, including PTEs with regard to its network and 
faciiities, to refuse or faii to make available on a timely basis, to the other ISPs who 
interconnect with or get bandwidth from them, the technicai information about their 
essentiai faciiities or network faciiities and commerciaiiy reievant 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 in order to aiiow identification 
of costs and revenues for each segment. Any violation of this provision shaii give rise 
to a presumption of anti-competitive cross-subsidization, which shaii then be referred 
to the PCC for proper determination and action, in accordance with the provisions of 
Republic Act No. 10667 aiso known as the Philippine Competition Act. Nothing herein 
shaii prevent interconnecting networks from charging the appropriate cost-based 
compensation for the use of interconnection faciiities.
Sec. 11. Administrative Penalties, - Any person who faiis to comply with the 
provisions of this Act shaii be imposed a minimum penaity of a fine of not less than 
One hundred thousand pesos (P100,000.00) for every day during which such default 
or violation continues, untii the participant fuiiy compiies: Provided, that the maximum 
penaity under this provision shaii not exceed Five miiiion pesos (P5,000,000.00) for a 
singie vioiation; and provided further. That if the ISP has a gross annual income not 
exceeding Ten million pesos (P10,000,000.00), the penaity 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.


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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 the publication of such 
adjustments.
CHAPTER V
Rights of Internet Service Users and Responsibilities of Internet Service
Providers
Sec. 13. Rights of End Users. - The user of Internet services shall have the
following
basic rights:
(a) To be entitled to Internet services which is nondiscriminatory, 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 and 
enforced by the NTC.
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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, shall promulgate the 
necessary rules and regulations for its effective implementation.
Sec.lS.SeparabUity C/a£/s,e.-Should any provision herein be declared 
unconstitutional, 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 a newspaper of general circulation.
Approved,
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