Prohibited Acts.
SEC. 20. Prohibited Acts. -
(a) Refusal to Plug and Play. - No access provider shall refuse access to digital infrastructure in the access list, except in cases of failure to pay open market fees for the access to the service and exposure to security risks detrimental to its technical operations as confirmed by the DICT;
(b) Refusal to Give Information. - No access provider shall refuse or fail to make available to suppliers of data transmission services, on a timely basis, the technical information about its digital infrastructure and services in the access list and commercially relevant information that are necessary for the efficient provision of these infrastructure and services;
(c) False Information and Material Misrepresentation. - No DTIPs shall supply false or incorrect information or commit material misrepresentation in relation to its compliance with the provisions of this Act. This prohibition shall also cover false advertising by DTIPs as to the products and services offered, without prejudice to the provisions of Republic Act No. 7384 or the "Consumer Act of the Philippines"; and
(d) Anti-competitive Cross-subsidization. - The NTC shall require separate books of accounts between different data transmissions segments to allow identification of costs and revenues for each segment. Any violation of this provision shall result in a presumption of anti-competitive cross-subsidization,which shall then be referred to the PCC for proper determination and action, in accordance with the provisions of Republic Act No. 10667. Nothing herein shall prevent interconnecting networks from charging the appropriate cost-based compensation for the use of interconnection facilities.
Administrative Penalties.
SEC. 21. Administrative Penalties. -
(1) The NTC shall require DTIPs providing data transmission services to comply with prescribed performance standards and impose penalties, after due notice and hearing, for failure to comply with such performance standards:
(a) Any DTIP who fails to comply with the minimum performance standards set by the NTC shall pay a fine of at least Five thousand pesos (P5,000.00) but not exceeding Two million pesos (P2,000,000.00) per day of such default or violation, until the participant fully complies: Provided, That if the DTIP has a gross annual income not exceeding Ten million pesos (P10,000,000.00), the imposable penalty shall be equivalent to one percent (1%) to two percent (2%) of its gross annual income; and
(b) An entity who fails to substantially comply with the NTC's performance standards for three (3) consecutive years shall, subject to due process, be removed from the registry of DTIPs and prohibited from rendering data transmission services;
(2) A DTIP who fails to secure a cybersecurity certification in accordance with Section 9 of this Act shall be issued a suspension order of its operation until the DTIP is able to secure the required cybersecurity certification: Provided, That if the DTIP fails to comply with the cybersecurity certification requirement within six (6) months from the issuance of such order, it shall, subject to due process, be removed from the registry of DTIPs and prohibited from rendering data transmission services;
(3) An entity who engages in the prohibited acts under Section 20 of this Act shall suffer a fine of at least Three hundred thousand pesos (P300,000.00) but not exceeding Five million pesos (P5,000,000.00): Provided, That if the DTIP has a gross annual income not exceeding Ten million pesos (P10,000,000.00), the imposable penalty shall be equivalent to one percent (1%) to two percent (2%) of its gross annual income, In cases of anti-competitive cross-subsidization, the imposable penalties shall be those provided under Republic Act No. 10667;
(4) A DTIP who commits at least three (3) violations of this Act shall forfeit all its certificates, licenses, authorizations, rights, and awards issued in relation to its participation in the data transmission industry; and
(5) A DTIP who commits any other violation of this Act that is not specifically prohibited under Section 20 shall be penalized with a fine of at least Fifty thousand pesos (P50,000.00) but not exceeding Two million pesos (P2,000,000.00).
Adjustment of Fines.
SEC. 22. Adjustment of Fines. - The administrative fines imposed under this Act shall be adjusted by the NTC annually, considering the prevailing cost of money based on the current consumer price index, and subject to the publication of such adjustments.
Liability of Public Officers and Employees.
SEC. 23. Liability of Public Officers and Employees. - Without prejudice to the provisions of Republic Act No. 3019 or the "Anti-Graft and Corrupt Practices Act", and other penal laws, a public officer or employee who, in bad faith or with gross negligence, fails to comply with the provisions of this Act, shall be penalized with imprisonment of not less than two (2) years but not more than four (4) years, a fine of at least One hundred thousand pesos (P100,000.00) but not exceeding Two million pesos (P2,000,000.00), or both, at the discretion of the court.
No liability shall lie against any public officer or employee for having committed acts in the regular performance of their duties in good faith.
Corporate Liability.
SEC. 24. Corporate Liability. - The liability imposed on a juridical entity for any violation of this Act shall be without prejudice to the civil or criminal liability of its responsible officers or employees.
