Telcos continue to face challenges with permits

MANILA, Philippines — Telecommunication companies continue to face a number of challenges and delays in the permitting process for the construction of cellular towers despite the government’s recent efforts to streamline the regulatory requirements.

Smart Communications Inc. and Globe Telecom Inc. said that telcos still face a number of problem areas when it comes to permits despite the government efforts to ease the process.

Smart vice president and head of regulatory affairs Roy Cecil Ibay said the government’s goal to cut the permitting process from 200 days to 16 days has yet to happen.

However, he said the average number of days has now been drastically reduced to anywhere from 30 days to 60 days.

“So that is, of course, still quite a feat.  From 200 days, the process is now down to a month to two months. But still, the government’s target of achieving 16 days is still proving difficult to achieve,” Ibay said.

Ibay said some local government units (LGUs) are still imposing “unjust, excessive, oppressive, and confiscatory regulatory fees.”

“When you protest, they basically use that non-payment of this regulatory fees to withhold issuance of building local permits,” he said.

Ibay said some LGUs require that permit applications should still be approved by the city municipal council, while others are implementing a one pole policy, wherein there should only be one provider for telecommunication poles, which violates competition laws.

Some LGUs are also withholding permits due to non-payment of real property tax on machineries and local franchise taxes despite the exemption granted to telcos pursuant to their franchise and existing laws, Ibay said.

He said other LGUs require telcos to remove overhead cable connection and to place them underground using fiber optic, and to fix or remove dangling cables and dilapidated poles prior to issuance of permit.

“We’re not against setting order into all these dangling wires and all that, but it should not be made a requirement prior to issuance of permit,” Ibay said.

Meanwhile, he said some barangays insist that telcos should apply for resolution, instead of barangay clearance, which may only be secured after public hearings, while others refuse to issue clearance or resolution due to telco’s failure to secure neighbors or homeowner association (HOA)’s consent.

Some HOAs, on the other hand, still object or oppose the construction of telecom towers within their subdivisions despite the fact that there are no other available or suitable sites within the coverage area, except the subject properties, according to Ibay.

He said there are also HOAs that are collecting excessive fees.

“They have business clearance fee, profit sharing agreements that they try to impose upon telcos, some of which are recurring. These fees, if not paid, would deny us access to installation, repair and maintenance works within the subdivision or village premises,” Ibay said.

Globe vice president for site acquisition and management Vince Tempongko, for his part, said cell site health fears continue to persist and prevent the company from building inside villages and private properties.

Tempongko assured that cell sites are safe and do not pose any health risk to people.

“We need everyone’s help. We obviously have gotten a lot of help from the government as far as the permitting process is concerned, and we do still welcome additional support from the government. We continue to seek help from the private sector to allow us to build our cell sites and facilities. Allow us in your villages,” he said.

Telcos said the construction of more towers would ensure better services and faster connectivity to customers nationwide.