Bicam OKs proposal to suspend telco tower permit requirement

MANILA, Philippines — The bicameral conference committee on the proposed Bayanihan to Recover as One Act approved the inclusion of a provision to temporarily suspend certain permits for the installation and operation of telecommunications towers to boost internet and mobile connectivity in the country.

The committee, composed of members from the Senate and the House of Representatives, held a virtual meeting on Friday to reconcile conflicting provisions of the versions passed by the two chambers.

The panel, led by Sen. Sonny Angara and Deputy Speaker Luis Raymund Villafuerte, adopted Senate Minority Leader Franklin Drilon’s proposal to suspend permits for three years, except the building permit.

In case of refusal of homeowners’ associations to allow telco towers, a referendum, supervised by the barangay council, can be called at the subdivision to decide on the issue, Drilon said.

There are about 29 to 35 documentary requirements and permits before a single tower could be built in a subdivision, barangay or town.

These permits include consent of the neighbors, barangay resolution, certificate of non-coverage, zoning clearance, height clearance, radiation evaluation studies, building permit, a city or municipal resolution, occupancy permit, mayor’s permit, and memorandum of agreement with DENR-NIPAS, among others.

He said these complex requirements remain “the biggest stumbling block for more reliable and faster internet and telecommunication services in the country.”

“With this amendment, we can address this very complex process that hinders the country from being at par with our neighboring countries in terms of internet speed and connectivity. It is deplorable that the Philippines continues to have one of the slowest internet connections in Southeast Asia and even among Asia Pacific countries,” Drilon said.

The move is seen to pave the way for faster construction of telco towers to improve telecommunications in the country.

Jaime Augusto Zobel de Ayala of Globe Telecom Inc. lauded the senators’ move to simplify requirements for telco towers construction.

“Thank you for the extraordinary addition of simplifying the permits needed for telco infrastructure into the law. I cannot tell you how important this is. A very big thank you from all of us in the industry,” Zobel said in a text message to Drilon.

In the face of the pandemic, the lawmaker said having a reliable telecommunication would play a vital role in transitioning to the new normal, by providing continued access to government services and maintaining business operations.

The three-year reprieve period would give telcos sufficient time to complete the infrastructure required to improve their services, he said.

Telcos often cite the difficulty in getting clearances and permits to build cell sites and towers, which can take years to complete.

Drilon also proposed a provision which says that “no court, except the Supreme Court, shall issue any temporary restraining order, preliminary injunction against the construction of telecommunications infrastructure, including cell sites and cell towers.”

The committee also tackled putting in provisions to provide funding for COVID-19 tests, as well as cash aid for distressed sectors that were not able to avail of subsidies under a previous law.

The Senate’s version has a funding of P140 billion while the House measure allocated P162 billion.

Marvin Sy, an Angara office staffer, told reporters that the bicameral panel agreed on providing funds for COVID-19 testing; another round of financial assistance for the poor and a loan payment moratorium program for agrarian reform beneficiaries.

The committee also agreed to grant a P15,000 cash assistance for health workers who contract mild or moderate COVID-19, and a one-time cash assistance for teachers, teaching and non-teaching personnel from private schools, and state universities and colleges who were not able to obtain subsidies from the old law.

Sen. Sherwin Gatchalian, chairman of the basic education committee and a member of the bicameral panel, clarified the cash aid to teachers and teaching personnel are for those who lost their jobs.

The panel also agreed in principle to limit the loan payment moratorium program for farmer beneficiaries to just 60 days following representations from the banking sector.

Sen. Imee Marcos, however, told dwIZ a much longer moratorium should be granted as the cost of collection and other processing fees for farmer loans is greater than the actual payments.

“Everyone knows our farmers can’t pay loans now,” Marcos told the radio station.