SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Secolld Reglliar Sessioll 
) 
) 
) 
SENATE 
S. B. No. -2636 
Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT 
REGULATING POLES, POLE ATTACHMENTS 
AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
;' I;"" 
rEB -9 [>·1 :01 
,1 '( 
. , 
This bill is anchored on the State's recognition of the vital role of communication and 
information in nation building, 1 
As a State policy, it is but incumbent upon Congress to define and seek a just and 
equitable legal framework on how to regulate the use of utility poles, related support 
structures and rights of way for the transmission of TV or telecommunications signals, as well 
as the rates, terms and conditions for pole attachments, which can be done through the 
National Telecommunications Commission (NTC). 
It is envisioned that this proposed measure shall provide the consuming public with 
wider, and more affordable and improved access to a variety of communication and 
information services without any constitutional impediment on property and other related 
rights. 
The cable television and telecommunications industries have been for several decades 
employing cables and related transmission equipment to reach the consuming public, thus 
necessitating utility poles, related support structures and rights of way to facilitate signal 
distribution. Unfortunately, these require significant financial investments which only a few 
can afford, such as pole-owning power utilities which in turn pass on the costs to the 
consuming public. Concomitantly, formulas and concepts have to be proposed as an 
institutionalized mechanism to address the issue at hancl. Moreover, a similar proposal, House 
Bill No. 3730, is already pending in the House of Representatives. 
Given the foregoing, this bill is respectfully submitted for immediate deliberation and 
passage. 
~~ 
FRANCIS G. ESCUDERO 
I Section 24, Article ll, Constitution. 


I 
2 
3 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Secolld Regl/lar Sessioll 
) 
) 
) 
SENATE 
S. B.No. 2636 
Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT 
REGULATING POLES, POLE ATTACHMENTS 
AND FOR OTHER PURPOSES 
fEll -9 P 4 :01 
Be ellacied by tile Sellaie and tile HOl/se of Representatil'es of tile Philippilles i11 Congress 
asselllbled; 
Section 1. Short Title - This Act shall be known as the "Pole Attachments Act of 2015". 
4 
Section 2. Declaration of Policy - It is the declared policy of the State to regulate the use 
5 
of utility poles, related support structures and rights of way for the transmission of TV or 
6 
telecommunications signals, as well as the rates, terms and conditions for pole attachments in 
7 
order to promote and protect the growth of the cable television and telecommunications 
8 
industries, and for the ultimate purpose of providing the consuming public with wider and 
9 
more affordable access to an improved variety of services. The State shall guarantee the right 
10 
of cable TV operators and telecommunications companies to secure and use their own or to 
11 
have and maintain access to utility poles, related support structures and rights of way used or 
12 
useful, in whole or in part, in the transmission of TV or telecommunications signals under a 
13 
just and reasonable framework. 
14 
15 
16 
Section 3. Construction and Interpretation - The provisions of this Act shall be liberally 
17 
construed in order to carry out the declared policy of the State. Accordingly, reference may be 
18 
made to the recognized standards of safety, industry practices and generally accepted 
19 
engineering principles. 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
Section 4. Definition of Terms 
a. "Pole Owner" refers to an entity, that may be a power or other public utility, a 
telecommunications company, a cable TV operator, a local cooperative, a municipal 
corporation or a property developer, that owns utility poles, related support structures 
and/ or controls rights of way used or useful, in whole or in part, in the transmission of 
TV or telecommunications signals to subscribers. 
b. "Attaching Entity" refers to an entity, that may be a cable TV operator or a 
telecommunications company, that makes or maintains a pole attachment. 
c. "Pole Attachment" refers to the attachment made by an attaching entity to a pole 
owner's utility pole, related support structure or right of way used or useful, in whole 
or in part, in the transmission of TV or telecommunications signals to subscribers. 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
d. "Pole Attachment Fee" refers to the amount to be paid by the attaching entity to the 
pole owner in exchange for the pole attachment, payable at the end of every quarter of a 
year on a per pole basis. 
e. "Additional Maintenance Expense" refers to the necessary quarterly cost directly 
and exclusively pertaining to preserving the integrity and proper functioning of the 
pole attachment. It forms part of the pole attachment fee. 
f. "Pole Premium" refers to the amount, equivalent to Twelve percent (12 %) of the 
additional maintenance expense, payable to the pole owner as premium for the pole 
attachment. It forms the other part of the pole attachment fee. 
g. "Commission" refers to the National Telecommunications Commission as the 
implementing body of this Act. 
18 
Section 5. Formula for the Pole Attachment Fee - The pole attachment fee shall be 
19 
equal to the sum of the additional maintenance expense and the pole premium, wherein: 
20 
21 
a. For the purposes of this Act, the additional maintenance expense shall be disputably 
22 
presumed to be equal to Twenty-Five Pesos (Php 25.00). 
23 
24 
Provided, that the foregOing disputable presumption may be adjusted by the 
25 
Commission Five (5) years after the passage of this Act and every Five (5) years 
26 
thereafter, as warranted by the arguments and proofs submitted by the parties. In no 
27 
case shall the adjustment be more than Twenty percent (20%) of the previous amount of 
28 
the disputable presumption. 
29 
30 
Prol'ided flirt/wI', that the foregoing disputable presumption may be disputed on a case 
31 
to case basis by the pole owner or the attaching entity, by way of submission to the 
32 
Commission of proof of the necessary quarterly cost directly and exclusively pertaining 
33 
to presel:ving the integrity and proper functioning of the pole attachment. During the 
34 
said dispute, any payments made would utilize the foregoing disputable presumption 
35 
subject to refund or additional payment, as and after determined by the Commission. 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
b. For the purposes of this Act, the pole premium shall be equal to Twelve percent 
(12%) of the additional maintenance expense. 
c. For the purposes of this Act, the number of utility poles for which pole attachment 
fees are payable shall be equal to the number of utility poles applied for pole 
attachment by the attaching entity minus the number of pole attachments validly 
denied by the pole owner. 
Provided, that the foregoing number of utility poles for which pole attachment fees are 
payable may be disputed on a case to case basis by the pole owner or the attaching 
entity, by way of submission to the Commission of proof pertaining to the actual 
number of utility poles subject to pole attachments. During the said dispute, any 
payments made would utilize the previous number of utility poles for which pole 
attachment fees were paid subject to refund or additional payment, as and after 
determined by the Commission. 
54 
Section 6. Nondiscriminatory Access - A pole owner shall provide and maintain 
55 
nondiscriminatory access to all utility poles and related support structures it owns and rights 
2 


I 
of way it controls in exchange for the payment of the pole attachment fee, on terms and 
2 
conditions uniform to all attaching entities, including its own affiliates or subsidiaries. For this 
3 
purpose the pole owner shall submit to the Commission a copy of all pole attachment 
4 
contracts it has entered into. 
5 
6 
Prol'idcd, that a pole owner may validly deny in writing a pole attachment to a utility 
7 
pole or related support structure it owns or a right of way it controls by reason of 
8 
recognized standards of safety, industry practices or generally accepted engineering 
9 
principles. 
10 
II 
Provided fllrther, that in case a pole owner validly denies a pole attachment, or removes 
12 
the same due to an emergency, and thereafter the reason for such denial or removal 
13 
ceases or additional capacity becomes available for a pole attachment, the pole owner 
14 
shall be bound to offer the capacity for a pole attachment to the denied or previous 
15 
attaching entity first, before occupying the same or offering it to other potential 
16 
attaching entities, including its own affiliates or subsidiaries. Any removal not due to an 
17 
emergency shall require prior written notice to the attaching entity. 
18 
19 
20 
Section 7. Rights and Responsibilities of the Parties - In addition to those provided 
21 
for by the other provisions of this Act and by other relevant laws, the pole owner and the 
22 
attaching entity shall have the following rights and responsibilities: 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
a. The actual pole attachments shall be made, modified and removed at the cost and 
responsibility of the attaching entity whereas the maintenance and replacement of the 
utility poles, related support structures and rights of way shall be at the cost and 
responsibility of the pole owner. 
b. As far as practicable, the attaching entity shall make, modify and remove the pole 
attachments in a manner that preserves the integrity and proper functioning of the pole 
owner's utility poles, related support structures and rights of way, and likewise the pole 
owner shall conduct the maintenance and replacement of the utility poles, related 
support structures and rights of way in a manner that also preserves the integrity and 
proper functioning of the pole attachments. 
c. In case of disputes between the parties to a proposed, pre-existing or previous pole 
attachment, the same shall be submitted to the Commission's determination subject to 
the relevant procedural and evidentiary rules. 
41 
Section 8. Non-availability of Utility Poles, Related Support Structures and Rights of 
42 
Way - In case utility poles, related support structures and/ or rights of way used or useful, in 
43 
whole or in part, in the transmission of TV or telecommunications signals are not available for 
44 
pole attachment, legitimate cable TV operators and telecommunications companies shall have 
45 
the option to secure and use their own provided the follOWing requirements are complied 
46 
with: 
47 
48 
a. That the said utility poles, related support structures and rights of way shall be 
49 
secured and used by legitimate cable TV operators and telecommunications companies 
50 
at their own cost and responsibility. 
51 
b. That the said utility poles, related support structures and rights of way shall be 
52 
secured and used with due reference to the recognized standards of safety, industry 
53 
practices and generally accepted engineering principles. 
54 
3 


I 
. c. That the said utility poles, related support structures and rights of way shall be 
2 
subject to the same pole attachment rules and regulations imposed by this Act. 
3 
4 
5 
Section 9. Penalty for Violation - Whenever a party is found to have violated any 
6 
provision of this Act or of any obligation or contract covered by it, upon the complaint of the 
7 
violated party and as determined by the Commission, the violating party shall be compelled to 
8 
rectify the violation at its own cost without prejudice to the applicable civil or criminal 
9 
liabilities provided for by other relevant laws. 
10 
I I 
12 
Section 10. Implementing Rules and Regulations -
The Commission as the 
13 
implementing body of this Act shall perform the functions and duties necessary to carry out its 
14 
purposes, including the resolution of disputes and complaints and the promulgation of the 
15 
appropriate implementing rules and regulations. Pr01,ideli, that the implementing rules and 
16 
regulations shall, as far as practicable, be similar to the current procedural and evidentiary 
17 
rules that the Commission follows and that the same should be promulgated within Two (2) 
18 
months after the effectivity of this Act. 
19 
20 
21 
Section 11. Appropriations - The amount necessary to carry out the provisions of this 
22 
Act shall be provided in a supplemental budget or included in the General Appropriations Act 
23 
of the year of its enactment into law. Thereafter, the expenses for its continued implementation 
24 
shall be included in the subsequent General Appropriations Act. 
25 
26 
27 
Section 12. Transitory Provision - Acts and contracts of parties executed before the 
28 
effectivity of this Act shall be governed by the laws in force at the time of their execution, 
29 
except that any revocation, modification or novation made after the effectivity of this Act shall 
30 
be subject to the provisions of this law. 
31 
32 
Section 13. Separability Clause - If any provision of this Act is held invalid, all other 
33 
provisions not affected thereby shall remain valid. 
34 
35 
36 
Section 14. Repealing Clause - All laws, presidential decrees, executive orders, rules 
37 
and regulations or any other issuances or parts thereof inconsistent with this Act are hereby 
38 
repealed or amended accordingly. 
39 
40 
41 
Section 15. Effectivity - This Act shall take effect Fifteen (15) days after publication in 
42 
Two (2) newspapers of general circulation. 
43 
44 
45 
Approved, 
4