Watchdog urges realignment of telco laws with digital pivot

MANILA, Philippines — A new regulatory regime to promote the development of a nationwide digital infrastructure to meet surging demand for fast and reliable internet connectivity should be taken up by lawmakers, telco watchdog Telecom Tower Watch said.

In a statement, the group said Congress need to update the country’s obsolete laws and regulations governing telecommunications and come up with a whole new set of legislation that will foster the growth and development of local telcos.

“Republic Act RA 3846 regulating radio communications and the proposed Open Access in Data Transmission bill when passed into law will require telecommunications companies to secure separate franchises for voice and digital data services even when both operations utilize the same network infrastructure,” the group said.

“There should be an audit of the country’s radio frequencies and a mechanism to cancel idle franchises so that more frequencies will be available for telco players who have the track record and capacity to maximize this valuable telecommunications asset,” it added.

“Another law, Republic Act 7925 (Section 16) or the Public Telecommunications Policy Act requires a congressional franchise to operate a public telecommunications company. Though HB 8910 aims to liberalize, lower cost, and accelerate rollout urgently needed broadband infrastructure, this looming double franchise requirement is an unnecessary bureaucratic burden that must be resolved by legislators,” the group said.

Telecom Tower Watch said the government, through the Department of Information and Communications Technology (DICT), should invest in digital infrastructure, and also ensure that its National Broadband Plan is complementary with private sector initiatives to develop their digital infrastructure.

“Implementation of the National Broadband Plan needs adequate funding from the government and should be a top priority in the national budget for 2022,” Telecom Tower Watch said.

Globe Telecom senior legal counsel Ariel Tubayan said that there was also a need to build the capacity of the National Telecommunications Commission (NTC) to enable it to function in the current dynamic digital landscape.

“There is a need to strengthen the regulatory powers of the NTC by making it an independent body with fixed terms of office, similar to the Energy Regulatory Commission,” Tubayan said in a recent virtual meeting hosted by Telecom Tower Watch that drew the attendance of ICT industry stakeholders.

Tubayan said that the NTC must be strengthened to implement the objectives of the Open Access in Data Transmission bill.

In an earlier statement, ICT Secretary Gregorio Honasan II said the DICT supports any policy changes aimed at spurring the growth of information and communications technology in the country”.

“As the country transitions to the new normal, it is high time that we update our laws and policies to keep up with the digital times,” Honasan said.

Telecom Tower Watch is an independent advocacy project of consumer group CitizenWatch Philippines, in partnership with the DICT, to push the expansion of an integrated national digital infrastructure.