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FIFTEENTH CONGRESS OF THE REPUBLIC) VENER CRETARY

OF THE PHILIPPINES )
First Regular Session )
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SENAT,
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Introduced by Senator Miriam Defensor Santiago \

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 celfular phone in the early 1980s was a turning 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 phones companies have failed to cope
with the increasing demand for cellular phone services, and National Telecommunications
‘Commission has received numerous complaints on poor services by these companies.

This bill seeks to establish minimum standards regarding the, quality of wircless

telephone service and to monitor complaints regarding such service.”

’

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This bill was originally filed during the Thirteenth Congress, First Regular Sesston,


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FIFTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES )
First Regular Session )

sno NAIL

Introduced by Senator Miriam Defensor Santiago

AN ACT
‘TO ESTABLISH MINIMUM STANDARDS REGARDING THE QUALITY OF WIRELESS
‘TELEPHONE SERVICE AND TO MONITOR COMPLAINTS REGARDING SUCH
SERVICE
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 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.

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.


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(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 —

(J) 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 Entities 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.
(©) 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 of 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.

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,