NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
)
SENATE
s.No. 329
j ^Eiiate
of tin' i?pLretarp
*22 JUL12 A10 30
Introduced by Senator Grace Poe
AN ACT
REQUIRING ALL PUBLIC TELECOMMUNICATIONS ENTITIES AND INTERNET 
SERVICE PROVIDERS IN THE COUNTRY TO INCREASE SERVICE COVERAGE 
AND DELIVER A MINIMUM STANDARD FOR INTERNET CONNECTION SPEED
EXPLANATORY NOTE
In 2016, the United Nations Human Rights Council has passed a non-binding 
resolution that declared Internet access a human right.1 It affirmed the promotion, 
protection, and enjoyment of human rights on the Internet which enables individuals 
to "exercise their right to freedom of opinion and expression."2 Such resolution reflects 
the rapid Internet revolution happening in many countries, and humankind's growing 
reliance on the Internet for a multitude of activities.
It is indeed true that the Internet can make or break one country. Having fast 
and accessible Internet connection could energize local businesses and trade, not to 
mention build bridges between the government and the public. However, despite the 
increasing Importance of the Internet in our daily lives, the Philippines remains to be 
a laggard when it comes to Internet access.
1 Vincent, James (2016). "UN condemns Internet access disruption as a human rights violation". The 
Verge. Retrieved 20 October 2016.
2 The Promotion, Protection, and Enjoyment of Human Rights on the Internet - UN General Assembly 
Resolution (2018), documents-
ddsnv.un.orir/doc/UNDOC/GEN/G18/215/67/PDF/Gi821567.pdf:,ODenElemcnt. Retrieved 22 June 
2022.


It was recently reported that 32% of the total population of the Philippines or 
almost 35 million Filipinos did not use the Internet at the start of the year 2022.3 
Meanwhile, according to Ookla Speedtest Global Index Rankings, the Philippines ranks 
93rd rank for mobile speed and 60th for fixed broadband speed for March 2022.4 Our 
country's rankings become all the more bleak when compared to the rankings of our 
Southeast Aslan neighbors such as Singapore and Thailand which ranked way higher 
in the same lists.
These figures are not good enough. They will not do if we want to achieve 
progress and technological breakthroughs in the country. It is thus against this 
backdrop that I am filing this measure which requires all public telecommunication 
entities (PTEs) and Internet service providers (ISPs) In the Philippines to increase 
service coverage and deliver a minimum standard for Internet connection speed.
Under this bill, the National Telecommunications Commission (NTC) shall 
require all ISPs and PTEs to extend and expand the service coverage of fixed and 
mobile Internet service in all unserved and underserved areas in the Philippines within 
three years from its effectivity.
The bill is also cognizant of the importance of high-speed Internet connections 
in fostering growth and productivity in various Industries of the country, especially In 
education. Hence, it encourages PTEs and ISPs to provide a higher Internet speed to 
their subscribers, which, in no case shall be less than: JO Megabits per second (Mbps) 
for fixed broadband and 5 Mbps for mobile broadband in highly urbanized cities; 5 
Mbps for fixed broadband and 3 Mbps for mobile broadband services in all other cities; 
and 3 Mbps for fixed broadband and 2 Mbps for mobile broadband services in rural 
areas.
3 Datareportal. "DIGITAL 2022: THE PHILIPPINES," dat3reportal.com/reports/digital-2022- 
philippines#:~:text=There%20were%2076.01%20million%20internet,percent)%20between%202021 
%20and%202022. Retrieved 22 June 2022.
4 Lalu, Gabriel Pabico (2022). "Ookla Q1 report shows faster PH internet; Caloocan tops in download 
speeds, technology.lnquirer.net/115922/ookla-ql-report-shows-faster-ph-internet-caioocan-tops- 
major-cities-in-download-speeds#ixzz7XQBgsWec." Retrieved 22 june 2022.


Finally, in order to ensure that the measure's goals are achieved and strictly 
enforced, it directs the NTC to review and prescribe, on an annual basis, minimum 
broadband download speeds and other quality of service standards, to provide 
subscribers average Internet connection speeds equal to, or above, what is prevalent 
among Asia Pacific countries and the global average.
Ensuring all Filipinos' access to a fast Internet connection Is not only an option 
if we want our country and its citizens to be competitive. It should be a priority. In 
view of the foregoing, immediate approval of this bill is earnestly sought
GRACE PO:


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
s. No. 329
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■22 JUL12 A10 30
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Introduced by Senator Grace Poe
AN ACT
REQUIRING ALL PUBLIC TELECOMMUNICATIONS ENTITIES AND INT ERNET 
SERVICE PROVIDERS IN THE COUNTRY TO INCREASE SERVICE COVERAGE 
AND DELIVER A MINIMUM STANDARD FOR INTERNET CONNECTION SPEED
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Short Tide. - This Act shall be known as the "Better internel. Act".
2 
Sec. 2. Declaration of Policy. - The State recognizes the importance of
3 
technological advancements in nation building, economic development, and promoting
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people's well-being and as such, it endeavors to ensure the provision of strategic,
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reliable, cost-efficient, and citizen-centric information and communication technology
6 
(ICT) infrastructure, systems, and resources to guarantee that the population has
7 
access to quality, reliable, and affordable ICT services.
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In line with this, the State shall ensure that all Public Telecommunications
9 
Entities (PTEs) and Internet Service Providers (ISPs) will continuously upgrade their
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facilities and improve their services to be responsive to the growing demand fc1 quality
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Internet access services.
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Sec. 3. Definition of Terms. - As used in this Act, the following terms are defined
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as follows:
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a. Bandwidth shall refer to the maximum data transfer rate over an Internet
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connection in a given amount of time expressea in bits per second or multiples
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of it;
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b. Broadband shall refer to high-speed Internet service that is always on and
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faster than traditional dial-up access transmitted through various wired or


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wireless data transmission technologies such as, but not limited to, digital
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subscriber line (DSL), cable modem, fiber optic cable, fixed wireless, satellite,
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cellular mobile, and TV white space;
4 
c. Cellular towers shall refer to passive telecommunication tower infrastructure,
5 
including, but not limited to, (i) three-legged or four-legged structure, (ii) poles,
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or (iii) mast, or (iv) similar infrastructure used to support mobile cellular
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network facilities;
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d. Compliance periodshaW refer to the first three (3) years from the effective date
9 
of this Act within which all ISPs and PTEs are required to extend and expand
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InterneL service coverage in all unserved and underserved areas in the country;
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e. Internet Service Providers or ISPs shall refer to an entity, with or without
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Congressional franchise, registered as value added service provider from the
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National Telecommunications Commission (NTC) and authorized to offer
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Internet access services to the public for compensation;
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f. Jitter shall refer to the variation of end-to-end delay from one packet to the
16 
next within the same packet stream, connection, or flow;
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g. Latency shaW refer to the time it takes for a packet of data to get from a source
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to destination;
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h. PacketshaW refer to the unit of data that is routed between an origin or source
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and a destination on the Internet or any other packet-switched network;
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I. Packet Loss shall refer to the number of packets that does not reach the
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destination;
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j. Public Telecommunications Entity or PTEs shall refer to any person, firm,
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partnership or corporation, government or private, engaged in the provision of
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telecommunications services to the public for compensation;
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k. National ICT Household Plan refers to the plan for the improvement of ICT
27 
access and use, including broadband access, by households and Individuals
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developed by the Department of Information Communications Technology
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(DICT) on the basis of information gathered from the National ICT Household
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Survey;
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I. Threshold Speed refers to the minimum upload and download speeds that an
32 
ISP and PTE must provide to their end user of broadband service;


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m. Unserved Area refers to a specific population or 'and area of a city/mu nicipaiity 
where broadband access service is not available, as identified by the National 
ICT Household Plan; and
n. Underserved Area refers to a specific population or land area of a 
city/municipality where broadband access service is covered and available, but 
below the threshold speed. The underserved areas shall be identified by the 
National ICT Household Plan while the threshold speed shall be determined by 
this Act and, subsequently, by the NTC.
Sec. 4. Increase in Service Coverage. - The NTC shall require all ISPs and PTEs 
to extend and expand the service coverage of fixed and mobile Internet service in all 
unserved and underserved areas in the Philippines within three (3) years from the 
effective date of this Act (the "Compliance Period'7), according to the schedule and 
strategy to be set forth by the DICT in the National ICT Household Plan.
The DICT shall develop the National ICT Household Plan, Identify therein 
unserved and underserved areas in the Philippines and devise a plan of action to 
ensure Internet services shall be made available at the household level. The DICT 
shall make such information and plans public within sixty (60) days from the effective 
date of this Act: Provided, that subject to regulatory requirements, ISPs shall be 
allowed to own, establish, and operate wired and wireless networks, utilizing any 
available technology. In order to meet their obligations under this Act. ISPs shall be 
allowed access to unlicensed radio spectrum necessary to enable them to utilize 
wireless technologies to provide Internet service: Provided further, that ISPs shall not 
build international carrier, inter-exchange carrier, local exchange carrier, and mobile 
radio telephone networks reserved for PTEs, as provided for in Republic Act No. 7925, 
otherwise known as the Public Telecommunications Policy Act of the Philippines.
Sec. 5. Deiivery of services and setting of minimum Internet speed. - PTEs and 
ISPs are strongly encouraged to provide a higher Internet speed to their subscribers 
but in no case shall the minimum download speed of any paid broadband service be 
less than:
a. 10 Megabits per second (Mbps) for fixed broadband and 5 Mbps for mobile 
broadband in highly urbanized cities;


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b. 5 Mbps for fixed broadband and 3 Mbps for mobile broadband services in all
2 
other cities; and
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c. 3 Mbps for fixed broadband and 2 Mbps for mobile broadband services in rural
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areas.
5 
PTEs and ISPs shall have three (3) years from the effectivity of this Act to
6 
ensure that they provide the minimum download speed to their users; Provided
1 PTEs and ISPs that will expand coverage and offer internet services in "greenfield
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service areas" or previously unserved and underserved areas, as identified by the
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DICT, shall not be subjected to the minimum download speed for the next 5 years.
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At the end of each compliance period, it shall be considered a violation of this
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Act, subject to the penalties provided in Section 14 hereof, to offer paid Internet
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service below the threshold speed. For the avoidance of doubt, there shall be no
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minimum speed required for free Internet service: Provided, however, that service
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provided under Republic Act No. 10929 or the Free Internet Access in Public Places
15 
Act shall meet the minimum speeds prescribed therein or in the relevant rules of the
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DICT for free Internet service programs.
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Sec. 6. Annua! Review of Service Standards. - After each compliance period,
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the NTC shall review and prescribe, on an annual basis, minimum broadband download
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speeds and other quality of service standards, such as upload and download speeds,
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packet loss, jitter, latency, and service availability, to provide subscribers average
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Internet connection speeds equal to, or above, what is prevalent among Asia Pacific
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countries and the global average: Provided, that the NTC shall not decrease the
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minimum speeds set forth under this Act.
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Sec. 7. Measurement and Pubiication of Broadband Quaiity of Service (QOS). -
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In order to monitor and enforce compliance of PTEs and ISPs, the NTC shall:
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a. Prescribe a criteria and methodology for the measurement and publication of
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broadband quality of service, including parameters such as download speed,
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upload speed, latency, packet loss, jitter, and service availability, with
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appropriate benchmarks;
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b. Provide the public a mechanism to run broadband diagnostics in a secure and
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consumer-friendly format;


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c. Develop a procedure for collecting and analyzing broadband QOS
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measurements from various platforms and processing test data in a central
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database, which shall update and release results every 24 hours, at the least;
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d. Make publicly available on the NTC website and other media the criteria and
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methodology for the broadband QOS measurement tool and the list of
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platforms using the NTC-prescribed broadband measurement mechanism;
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e. Diligently monitor and conduct monthly network audits and/or QOS tests in
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order to ensure compliance of the PTEs and ISPs with threshold speeds,
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advertised speeds, and coverage obligations, and publish Its network audit
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report on a monthly basis; and
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f. Publish the results of the NTCs broadband QOS tests and the results of the
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consumer broadband QOS tests on a monthly basis. Such reports should be in
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a format that can easily be analyzed by third party data scientists.
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Sec. 8. Responsibilities of the DICT. - In addition to responsibilities Imposed In
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other sections of this Act, the DICT shall:
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a. Maintain and make public a National ICT Assets Index (NICTAI), which shall be
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updated on an annual basis, in order to provide accurate data on broadband
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coverage and ICT adoption and utilization in the country;
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b. Conduct the National ICT Household Survey and publish the National ICT
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Household Plan every three (3) years, and Identify unserved and undprserved
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areas for purposes of this Act;
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c. Regularly review and update ICT policy guidelines, strategies and plans,
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including, but not limited to, the National Broadband Plan to ensure that the
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Philippines' Internet service policy framework is at par with global standards
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and best practices; and
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d. Ensure the delivery of Internet services at the household level through a
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schedule and plan of action that Includes, but is not limited to. Infrastructure
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sharing and co-location arrangements;
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Sec 9. Responsibiiities of the NTC - In addition to responsih'Hties imposed in
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other sections of this Act, the NTC shall:


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a. Ensure that PTEs and ISPs meet the minimum standards regarding connection,
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reception, just pricing, and billing practices to promote and protect the rights
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of consumers of Internet services;
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b. Determine whether the ICT industry has built out the optimal number of towers
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and other Infrastructure necessary to meet the objectives of this law;
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c. Promulgate an efficient and expeditious administrative process for the
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registration of Internet service providers and shall. In coordination with the
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DICT, develop a set of criteria for qualifying service providers that will
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encourage the widest possible participation of as many Industry players as
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possible who will build the necessary network infrastructure and offer Internet
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ser/ices to end users in different parts of the countn/ and vvHl take national
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security into consideration, particularly for facilities that interface directly with
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another country's domestic network;
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d. Publish a spectrum management policy framework that promotes a
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transparent, efficient, and equitable approach to distributing spectrum,
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including clear guidelines for: (i) recalling unutilized spectrum, (ii) reassigning
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spectrum for more efficient use, and (iii) implementing an open frequency
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approach to expand Internet access In underserved and unserved areas, to be
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developed together with the DICT and the Philippine Competition Commission;
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e. Provide the public with annual reports on the performance of PTEs and ISPs in
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terms of increasing Internet coverage 
and meeting the threshold download
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speeds;
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f. Provide policies and standards of network elements to ensure that PTEs and
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ISPs will maintain the Quality of Service (QOS) of the Internet connection they
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provide to their respective area of coverage;
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g. Provide for an expeditious mechanism to address consumer complaints on slow
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Internet speed and false advertising of Internet speeds; and,
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h. Establish an efficient monitoring system or framework with regard to the PTEs
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and ISPs' management of consumer complaints and maintain records of
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subscribers' complaints.


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Sec. 10. Reports to Congress. - The DIG" and NTC shall submit a quarterly
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progress report to Congress of all acts performed pursuant to this Act during the first
3 
week of the immediately preceding quarter.
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Sec. 11. Streamlining Permitting Requirements. - The DICT and other relevant
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regulatory agencies including, but not limited to, the Department of Interior and Local
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Government (DILG), Department of Public Works and Highways (DPWH), Department
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of Human Settlements and Urban Development (DHSUD), Anti-Red tape Authority
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(ARTA), Civil Aviation Authority of the Philippines (CAAP), Department of Health
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(DOH), and the Food and Drug Administration (FDA) shall ensure the streamlining of
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the permitting process for the construction, installation, and operation of
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telecommunications tower and other infrastructure such as, but not limited to, permits
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for base stations, cables, poles, and other work elements necessary to offer Internet
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service.
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The DICT shall set up a one-stop shop that shall coordinate with other
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regulatory agencies regarding the permitting requirements and applicable regulatory
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fees for installing common towers, cables, poles, and other network elements in order
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to facilitate the attainment of the objectives of this Act.
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Sec. 12. Local Government Units (LGUs) as Partners in Broadband
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Infrastructure Development - The LGU shall serve as a strategic partner who shall
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ensure that all LGU-related permits and requirements necessary to expand Internet
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coverage and Improve quality of Internet service shall be acted upon immediately. In
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order to ensure that all municipalities and barangays have access to Internet facilities,
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an LGU shall be allowed to build and operate its own broadband network in partnership
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with PTEs and ISPs.
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Sec. 13. Infrastructure Sharing and Co-location. -
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a. The DICT shall promulgate policies, rules, and regulations, in coordination
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and/or jointly with the concerned national government agencies, government
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owned and operated corporations, and local government units, to ensure that
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Infrastructure, whether existing or built In the future, necessary or capable of
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supporting data transmission networks or services are:
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i. mandatory for open access and made available for co-location and co-
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use by the owner of network facilities, equipment, and Infrastructure on


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an Open, fair, and non- discriminatory basis to any access seeker's 
network facilities;
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as far as possible, deployed together with roadworks, pipe-laying, and 
other infrastructure development by both government and private 
entities; and
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propagated in the most cost-efficient and timely manner through various 
means, including encouraging the operation of independent entities that 
build and operate towers, dark fiber, and utility corridors, among other 
infrastructure that help facilitate broadband network deployment.
b. The DICT shall, in coordination with the Philippine Competition Commission and 
other relevant government agencies, promulgate policies, rules, and 
regulations to ensure that buildings, condominiums, villages, towns, and 
subdivisions are all built with facilities, such as cable entrances, ducts, and 
risers, that allow non-discriminatory and non-exclusive access to multiple 
service providers. In order for PTEs and ISPs to provide Internet service;
c. In case of a dispute arising from a infrastructure-sharing arrangement, the 
DICT shall:
I. Coordinate with the regulator of the infrastructure;
ii. Mediate between a PTE or ISP and an Infrastructure owner, which may 
include a PTE, an ISP, or a public service network provider; and/or
Iii. Serve as the primary enforcer of this provision.
d. The DICT shall encourage the use of existing infrastructure, such as those of 
cable TV operators, to fast track the layout of networks, to increase coverage, 
and to address the problem of unserved and underserved areas;
e. The regulator of the shared infrastructure shall. In consultation with concerned 
stakeholders, determine and ensure reasonable rental rates for use of shared 
infrastructure such as, but not limited to, utility poles, utility corridors and 
ducts; and
f. For shared infrastructure arrangements, the DICT shall also look into the 
following considerations:
i. Technical feasibility of the request of access seeker to use infrastructure;
Ii. Incentives to encourage investment in less commercially viable areas;
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iii. Fair and reasonable rates for shared facilities, depending on the location
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and market size in a particular area.
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All policies, rules, and regulations under this Section shall be operationalized
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within one (1) year from the effectivity of this Act.
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Sec. 14. Penalties. - The NTC may, motu proprio or upon complaint of any
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interested party, in the appropriate administrative and/or quasi-judicial process, and
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in accordance with due process, shall:
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a. Require any PTE or ISP, who shall not meet the requirements set forth under,
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or shall not comply with the provisions of this Act, to comply with service
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standards that have not been met, or provisions of this Act that have been
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violated;
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b. Impose upon entities who do not comply with Internet service standards as laid
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down by Sections 4, 5, and 8 of this Act and as prescribed by the NTC:
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i. The penalty of a fine of not less than Two hundred thousand pesos
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(P200,000) but not more than Two million pesos (P2,000,000.00) for
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each count of violation: Provided/ That if a service provider has a gross
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annual income not exceeding Ten Million Pesos (P10,000,000.00), the
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penalty shall be equivalent to one percent (1%) to two percent (2%) of
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its gross annual income; and
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il. For repeated violations, revoke the PTE's Provisional Authority or
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Certificate of Public Convenience and Necessity, or cancel the
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registration of an ISP, whichever applies, including the waiving of any
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pre-termination fees of affected subscribers and timely disbursement of
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any remaining credits from excessive downtime.
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The foregoing Is without prejudice to any other remedies available to the NTC
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under existing law.
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Sec. 15. Implementing Rules and Regulations. - Within sixty (60) days after
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the effectivity of this Act, the DICT and the NTC shall issue a Joint Memorandum
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Circular setting forth the rules and regulations to effectively Implement the provisions
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of this Act.


Sec. 16. Separability Clause. -If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall 
remain in force and effect.
Sec. 17. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, rule or regulation inconsistent with the provisions of this 
Act is hereby repealed or modified accordingly.
Sec. 18. Effectivity. - This Act shall take effect fifteen (15) days following its 
publication in the Official Gazette or In a newspaper cf general circulation.
Approved,
10