Department of Information and Communications Technology.
SEC. 6. Department of Information and Communications Technology. - The DICT shall be the primary policy, planning, coordinating, implementing, and administrative entity of the government that will plan, develop, and promote the national ICT agenda with its mandate under Republic Act No. 10844 or the "Department of Information and Communications Technology Act of 2015", and in accordance with international agreements and conventions to which the Philippines is a party. In line with this mandate, the DICT shall be the highest policy-making body on data transmission and connectivity matters and shall have the following powers and functions:
(a) Formulate plans and policies to implement an open-access approach for the promotion of investment and healthy competition in, and the regulation of the data transmission sector;
(b) Ensure the adoption of technology-neutral policies that allow DTIP to use any available technology to provide services;
(c) Assist the PCC in promulgating policies governing DTIPs and/or access providers with significant market power;
(d) Formulate policies to govern the determination of eligibility criteria for the registration of DTIPs by the NTC;
(e) Pursue policies, in coordination with the NTC, to secure necessary orbital slots for Philippine satellites;
(f) Pursue plans, programs, activities, or initiatives to incentives DTIPs to invest in, adopt, roll out, implement, establish, own, maintain, operate, or utilize new and next-generation technologies, giving priority to unserved or underserved areas. The departmental plans, programs, activities, or initiatives shall include, but not limited to, effectively coordinating with the Board of Investments (BOI), Philippine Economic Zone Authority (PEZA), Fiscal Incentives Review Board (FIRB), local government units (LGUs), and other government agencies or instrumentalities, for the issuance and implementation of policies for the grant of applicable incentives and benefits;
(g) Develop an SMPF, in coordination with the NTC and the PCC and in consultation with relevant stakeholders, within one (1) year from the effectivity of the implementing rules and regulations (IRR) of this Act, and regularly update the same every four (4) years or as necessary;
(h) Define and identify areas that are underserved and unserved by any existing DTIP, and update the same as necessary: Provided, That areas near educational institutions shall be prioritized:
(i) Recommend performance standards for DTIPs to NTC;
(j) Formulate policies to safeguard local data, when necessary to advance national security and public interest, with primary given to cross-border data flows as a key enabler of the global economy; and
(k) Promulgate such other policies or guidelines necessary to achieve the objectives of this Act.
The DICT may consult or coordinate with relevant government departments, agencies, bureaus, or instrumentalities, and LGUs in the formulation of its policies and guidelines.
All non-internal policies and guidelines issued by the DICT shall be subject to prior public consultations or hearings.
National Telecommunications Commission.
SEC. 7. National Telecommunications Commission. - The NTC, an attached agency of the DICT, shall be the principal regulatory and adjudication body over the data transmission sector and shall take necessary measures to implement the policies and objectives of this Act, and as set forth by the DICT. In addition to its existing functions, the NTC shall be responsible to the following:
(a) Ensure that the date transmission sector remains open and accessible to all qualified participants;
(b) Formulate eligibility criteria for the registration of DTIPs within one (1) month from the effectivity of the IRR of this Act;
(c) Formulate and implement an efficient and speedy process in the qualification and registration of DTIPs in line with relevant laws, policies, rules and regulations, and government issuances;
(d) Issue rules and regulations, in consultation with the DICT, on the development, use, and maintenance of satellite-based technology;
(e) In consultation with the PCC, issue rules and regulations that promote fair and open competition in accordance with the principles and policies under Republic Act No. 10667 or the "Philippine Competition Act" and its IRR, including guidelines and rules on DTIPs and/or access providers with significant market power in all segments of the data transmission network, allowing a wide variety of physical networks and applications to interact seamlessly;
(f) Mandate transparency in pricing and the regular publication of updated pricing information to ensure fair trading within ad between each data transmission segment to allow clear, comparative information on market prices and services;
(g) Mandate access providers to provide access to digital infrastructure and services contained in the access list;
(h) Subject to relevant issuances of the DICT, publish and update at least once a year the list of registered DTIPs on its official website and a publicly accessible data site or location and provide this information to the DICT for concurrent publication;
(i) Implement the SMPF developed by the DICT;
(j) Periodically review spectrum allocation, use, and assignment every four (4) years, pursuant to the policies and guiding principles contained in the SMPF, and undertake measures such as, but not limited to, spectrum recall and restacking to ensure the most efficient and optimal use of spectrum in accordance with the SMPF;
(k) In coordination with the PCC, ensure that spectrum assignment and spectrum recall do not result in the concentration of spectrum resources which may harm competition;
(l) Determine and set performance standards for DTIPs within six (6) months from the effectivity of the IRR of this Act, and periodically update such standards as necessary;
(m) Monitor, evaluate, and investigate the compliance of DTIPs with the performance standards;
(n) Charge reasonable fee to defray its administrative costs on services rendered;
(o) Collect the necessary Supervision and Regulation Fee (SRF), Spectrum User Fee (SUF), and other relevant fees as provided by law;
(p) Impose the applicable administrative penalties for violations of this Act; and
(q) Perform such other functions as may be necessary to achieve the objectives of this Act.
Registration.
SEC. 8. Registration. - All segments of the data transmission network shall be competitive and open and all DTIPs shall be allowed to put up their own networks. Notwithstanding the provisions of this Act or any other law, the following procedure for registration and certification shall apply to the data transmission industry:
(a) All DTIPs shall be required to register with the NTC. The NTC shall promulgate a speedy and expeditious administrative process for registration and apply its eligibility criteria in line with the policies of the DICT. DTIPs must meet the NTC criteria in registering an industry participants in order to construct, operate, lease, or own networks or facilities, including radio transmitting and/or receiving stations for the provision of data transmission services: Provided, That all DTIPs intending to use spectrum resources shall secure authorization from the NTC and be assigned or allowed access to such spectrum in accordance with the provisions of this Act and other pertinent laws.
Foreign entities who wish to enter the data transmission industry shall be subject to the provisions of Republic Act No. 7042 or the "Foreign Investment Act of 1991", as amended by Republic Act No. 11647, Commonwealth Act No. 146 or the "Public Service Act", as amended by Republic Act No. 11659, and other pertinent laws and issuances; and
(b) Those seeking to operate an international gateway facility or a core or backbone network shall secure authorization from the NTC, which shall consider the proposed route or rollout plan, as well as the manner of construction, in the grant thereof.
Cybersecurity Certification.
SEC. 9. Cybersecurity Certification. - All DTIPs shall adopt and comply with national and global best practices and standards on cybersecurity and be subject to a cybersecurity performance audit by the Cybersecurity Bureau of the DICT. Within two (2) years from registration, DTIPs shall secure a cybersecurity certification from a third-party organization based on the prevailing International Organization for Standardization (ISO) standards on information security management or such other minimum security standards identified by the DICT.
Spectrum Management Policy Framework.
SEC. 10. Spectrum Management Policy Framework. - An SMPF shall be formulated to ensure that the spectrum is managed in a manner that ensures fair competition, supports adaptability to technological advancements, and maximizes the efficient use of this resource among all registered DTIPs, in accordance with international conventions, standards, and developments, and other pertinent laws. The SMPF shall contain the national policies and guiding principles to govern the management of spectrum, including, among others, spectrum valuation and pricing, spectrum allocation, and spectrum assignment for public, private, and government use.
Within three (3) months from the effectivity of the IRR of this Act, the NTC shall initiate and complete a review of the existing spectrum allocations and assignments, in coordination with the DICT. Upon completion of the review, the NTC shall provide the DICT with recommendations to enhance the efficiency and optimization of spectrum management, which shall serve as a basis for the development of the SMPF. The SMPF shall be promulgated by the DICT, in coordination with the NTC and the PCC, within one (1) year from the effectivity of the IRR of this Act, and shall be reviewed annually and updated every four (4) years or as necessary.
The SMPF shall include, as a minimum, policies on the following:
(a) Methodologies for spectrum valuation and pricing;
(b) Procedures for spectrum assignment, ensuring the efficient and optimal use of this finite resources, including defined validity periods and corresponding obligations for spectrum grantees;
(c) Processes for joint use or co-use application designed to promote collaborative and equitable access to spectrum resources, requiring detailed submissions to be made transparent, including the nature of joint use or co-use, parties involved, and the rationale for application;
(d) Rules and procedures for spectrum recall, ensuring systematic reevaluation and reassignment where necessary, after consultations with affected licenses and stakeholders. The SMPF shall be designed to facilitate the transition, reallocation, and reassignment of spectrum bands and licenses, aligning with evolving sector needs and efficient spectrum use;
(e) The determination of unutilized or underutilized spectrum and the procedures of spectrum recall: Provided, That all spectrum determined to be unutilized or underutilized shall be subject to such spectrum recall procedures by the NTC within one (1) year from the effectivity of the SMPF;
(f) A mandate for the NTC to publish on its website, decisions related to spectrum assignments, joint use and co-use applications, and spectrum recalls, to allow public access and to maintain an archive for future reference;
(g) A mandate for the NTC to act promptly on applications of DTIPs for permits to import equipment. Any application for a permit to import equipment not acted on by the NTC within seven (7) days shall be deemed approved;
(h) Reserved frequencies for government use such as those for emergency and national security purposes;
(i) The authority for the NTC to motu proprio or upon complaint.petition by any interested party, recall the spectrum assignment of a DTIP if it finds, after due process, that such DTIP has unutilized or underutilized spectrum pursuant to the provisions of this Act and other pertinent issuances, or that the DTIP has not complied with its obligations in relation to the spectrum assignment. The NTC shall, where required and appropriate, work with the DTIP concerned to minimize impact of such recall on active users of services utilizing the recalled spectrum. The foregoing notwithstanding, no frequency shall be recalled within eighteen (18) months from the award of a provisional authority (PA), license, or registration; and
(j) A requirement that entities requesting for assignment or joint use of spectrum notify the PCC, and that the NTC submit, within a period of five (5) calendar days any and all documents required by the PCC to undertake a competitive analysis. The PCC may intervene in the assignment process. It shall publish the results of its analysis and furnish a copy thereof to the NTC.
Paragraphs (b), (c), (d), (e), and (j) herein shall not apply to applications for frequency assignments for fixed point-to-point radio links and Wi-Fi subject to guidelines to be issued by the DICT.
The NTC shall promulgate rules and regulations within three (3) months from the effectivity of the SMPF in order to effectively implement the same.
Arms-Length Transactions and Transparency.
SEC. 11. Arms-Length Transactions and Transparency. - The NTC shall publish a registry of all DTIPs on its website within three (3) months from the effectivity of the IRR of this Act, and regularly update the same at least once a year.
All aspects of spectrum use information, including the NRFAT, shall be regularly reviewed, updated, published, and made available in print and online formats by the NTC. This information shall also include the purpose or use for which each frequency band is allocated, and the persons and/or entities to whom each particular frequency band allocated for public use is assigned. The NRFAT and updated radio frequency spectrum use information shall be made available on the NTC's website and to any entity upon written request.
The initial publication of such spectrum use information shall be made within three (3) months form the effectivity of the IRR of this Act, and once every two (2) years thereafter or more frequently as necessary when (a) national security so requires; (b) the govenrment deems it necessary and essential to the interest of the country; and (c) the Philippines has a regional and/or international commitment as a member signatory to bilateral or multilateral agreements.
All DTIPs shall file an annual report with the NTC and include therein a fair and accurate statements regarding their market prices and services. The annual report shall include technical and financial reports of the entity which shall contain, among others, investments made, network rollout reach, and all costs and charges relevant to the data transmission network segment where the participants operate.
Each DTIP at each segment shall submit a copy of its rates to the NTC and the PCC at least once a year. The rates, including a historical record, shall be published in a consolidated manner. The DTIPs shall keep a publicly accessible archive of their rates.
Access.
SEC. 12. Access. - Access providers shall grant access to digital infrastructure and services contained in the access list in an open, fair, reasonable, and non-discriminatory basis, subject to the technical feasibility of the access seeker's request: Provided, That there shall be public consultation with access providers prior to the inclusion of their digital infrastructure and services in the access list.
As used in this Act, non-discriminatory basis means access providers shall grants access on equal terms and conditions in similar circumstances, and provide information to third parties under the same conditions as it provides to itself or its subsidiaries.
The access list shall be issued by the DICT, the NTC, and the PCC within three (3) months from the effectivity of the IRR of this Act, and shall be reviewed and updated as necessary.
Reference Access Offer.
SEC. 13. Reference Access Offer. - Access providers shall publish a Reference Access Offer (RAO) that contains the relevant information, terms, conditions, and rates for the provision of access to digital infrastructure and services contained in the access list. The RAO of an access provider designated to have significant market power by the PCC, in consultation with the NTC, shall be submitted to and approved by the NTC prior to publication. For other access providers, the NTC shall furnished a copy of the RAO prior to its publication.
The RAO shall be comprehensive, complete, modular, and detailed to allow access seekers to consider the offer without need for negotiations or requests for additional information.
Disputes concerning access to digital infrastructure and services contained in the access list may be appealed to the NTC for adjudication. The NTC shall decide on such disputes within sixty (60) calendar days from receipt of the petition.
Access providers shall publish their RAO within sixty (60) days from the effectivity of the IRR of this Act.
Direct Access to Satellite Systems.
SEC. 14. Direct Access to Satellite Systems. - Duly registered DTIPs may deploy satellite technology and use associated spectrums in any or all segments of their broadband network without the need for a lease or rent capacity from PTEs.
Prior authorization from either the DICT, for broadband networks, or the NTC, for broadcast providers and for services that do not involve broadband networks, shall not be required for direct access to satellite systems under this provision: Provided, That the terms and conditions, which include levels of access to any international fixed or mobile satellite system, shall be submitted by the DTIPs to the DICT or NTC, as applicable, for record purposes.
Performance Standards and Monitoring for the Data Transmission Industry.
SEC. 15. Performance Standards and Monitoring for the Data Transmission Industry. - Within six (6) months from the effectivity of the IRR of this Act, the NTC shall publish performance standards for all DTIPs, taking into account quality of service parameters such as speed, packet loss, jitter, and latency, among others. These performance standards shall be regularly updated to ensure that they shall, at a minimum, be at part with service levels established in regional data transmission network performance indices and aligned with international best practices. The performance standards shall be reviewed at least once a year and updated as necessary. New performance standards shall take effect at least thirty (30) days after publication.
Based on these standards, the NTC shall, on quarterly basis, monitor and measure the performance of the DTIPs and publish the results thereof on the NTC website. The NTC may engage the services of an independent third-party monitoring firm to monitor the performance of DTIPs.
The DTIPS shall comply with the performance standards set by the NTC, within six (6) months from its initial publication.
The NTC may, motu proprio or upon petition by any interested party, and after due process, penalize any DTIP for failure to comply with the performance standards promulgated by the NTC and require rectification of such non-compliance.
Infrastructure Sharing and Co-location.
SEC. 16. Infrastructure Sharing and Co-location. -
(1) The DICT shall, taking into account the digital infrastructure and services contained in the access list, promulgate policies to ensure that passive infrastructure, whether existing now or in the future, necessary for or capable of supporting data transmission networks or services are:
(a) Made available for co-location and co-use by the passive infrastructure owner, lessor, or operator (PIOLO) on an open, fair, reasonable, and non-discriminatory basis subject to the technical feasibility of the request: Provided, That the provision of access to government-owned and -operated facilities and support infrastructure to access seekers for the purpose of offering data transmission services shall be mandatory, unless special circumstances, such as but not limited to, national security concerns, exist;
(b) Built not only in the city center, but most especially in the remote, unserved, and underserved areas, to extend data transmission services by both the existing and new players throughout the country; and
(c) Proliferated 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 passive infrastructure that help facilitate data transmission network deployment.
The DICT, in coordination with other relevant government agencies, shall issue policies to carry out paragraphs (a) to (c) upon consultation with stakeholders. For purposes of data transmission, the NTC shall, in case of a dispute arising from an infrastructure sharing agreement: (1) mediate between a DTIP and a PIOLO, and (2) serve as the primary enforcer of this provision.
(2) The DICT, the PCC, the Department of Public Works and Highways (DPWH), the Department of Transportation (DOTr), the Department of Human Settlements and Urban development (DHSUD), and other relevant government agencies shall jointly promulgate policies, rules, and regulations to ensure that buildings, condominiums, villages, towns, and subdivisions are built with facilities, such as cable entrances, ducts, and risers, that allow non-discriminatory access to multiple DTIPs for them to provide service. They shall also promulgate policies, rules, and guidelines that will ensure a level playing field and price non-discrimination among DTIPs and network facility and infrastructure owners.
(3) The NTC, in coordination with relevant government agencies such as the Office of Civil Defense, shall ensure the disaster resiliency and ease of recovery and restoration of passive infrastructure, such as towers, poles, and utility corridors, from the effects of disasters by strictly enforcing compliance with internationally accepted engineering standards and best practices, relevant engineering codes, and other codes of practice.
(4) The DICT and the NTC shall jointly maintain and update a centralized database of data transmission infrastructure, including passive infrastructure used to support data transmission. The database shall be updated annually and shall include the exact location, ownership, technical specifications, and other relevant information about the facility. Access to the information contained in the database may be requested from the DICT or the NTC, subject to guidelines to be issued by the DICT. DTIPs shall be required to submit a list of the information to be contained in the database, subject to the IRR or other guidelines or rules to be issued by the DICT or the NTC.
Dig Once Policy.
SEC. 17. Dig Once Policy. - The DICT and the DPWH, in collaboration with the NTC, the National Electrification Administration (NEA), the Department of the Interior and Local Government (DILG), the LGUs, private entities, and other relevant government agencies, shall jointly develop and issue a Dig Once Policy for the planning, relocation, installation, or improvement of conduits for data transmission services within the right-of-way, in conjunction with any current or planned construction, including but not limited to, highways, bridges, and elevated and subterranean railways. To the extent necessary, the DPWH shall, in collaboration with the DICT, the NTC, the NEA, the DILG, the LGUs, private entities, and other relevant government agencies, evaluate pricing requirements, engineering and design standards, procedures, and criteria for contracts or lease agreements with private entities, and provide for allocation of risk, costs, and any revenue generated.
Such policy shall ensure that passive infrastructure is, as far as possible, deployed together with roadworks, pipe-laying, and other infrastructure development by both government and private entities including, but not limited to, multi-dwelling infrastructure, tourist spots and buildings, and high-density areas.
In the absence of any planned excavation by the DPWH within the timeframe necessary for a timely rollout of infrastructure projects, the implementation of the Dig Once Policy shall in no no way preclude any entity from independently undertaking the installation or improvement of a conduit for data transmission services: Provided, That such activities shall comply with relevant laws, regulations, and safety standards, and do not unduly interfere with ongoing projects or endanger public safety: Provided, further, That the party conducting independent excavation activities shall disseminate information about proposed underground facility in a manner that is accessible to all parties who may be interested in installing a broadband conduit in the area of the proposed underground facility.
The DICT and the DPWH shall jointly develop model Dig Once policies for potential adoption by provincial and municipal governments with respect to construction or other improvements to highways, roads, and any other rights-of-way under the LGU's jurisdiction. They shall seek inputs from the Union of Local Authorities in the Philippines, the League of Municipalities of the Philippines, the League of Cities of the Philippines, the League of Provinces of the Philippines, and other stakeholders in developing these model policies.
Fair Competition.
SEC. 18. Fair Competition. - The PCC and the NTC shall ensure that the principles and policies under Republic Act No. 10667 are strictly adhered to in the data transmission industry. The PCC and the NTC shall ensure that ll industry players observe fair, reasonable, and non-discriminatory treatment in all their dealings, and that barriers to entry are eliminated to make the industry highly competitive. To this end, within thirty (30) days from the effectivity of this Act, the PCC and the NTC shall enter into an agreement to foster and develop interagency cooperation mechanisms, including information-sharing tools, that will guide them in the performance of their respective mandates., the promotion of fair competition in the data transmission industry, and the effective performance of their obligations under this Act.
Technological Neutrality.
SEC. 19. Technological Neutrality. - The DICT and the NTC shall ensure that the provisions of this law apply, mutatis mutandis, to future technologies in data transmission.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
