QuestionsQuestions (Republic Act No. 10929)
RA 10929 is titled the “Free Internet Access in Public Places Act.” Its policy recognizes the vital role of ICT in nation-building and aims to promote availability and accessibility to reliable, secure internet access through a program providing free internet service in public places nationwide to support knowledge-building and participation in the information age.
The Act creates the “Free Public Internet Access Program.” Under the Program, no fees shall be collected from users to connect to the public internet access points.
The free internet service provided must be separate from the internet service used for backend computer systems, programs, databases, and/or management information systems in government offices. Shared infrastructure is not prohibited, but separation is required in terms of service use.
Technical solutions limiting or restricting access may be employed only when there is a clear and present technical risk or breach that cannot be remedied through ordinary technical solutions; solutions that maintain or promote ease of access should be prioritized.
Covered public places include: (a) national and local government offices; (b) public basic education institutions; (c) state universities and colleges, and TESDA technology institutions; (d) public hospitals, health centers, and rural health units; (e) public parks, plazas, libraries, and barangay reading centers; (f) public airports and seaports; and (g) public transport terminals.
At minimum, the Program must be made available in areas within the covered public places where maximum use and access are ensured (e.g., laboratories and libraries, lobbies/hallways/terminals, assembly points in parks/hospitals/health centers). Appropriate signage must be placed in conspicuous areas of sites offering the free service.
The lead implementing agency is the DICT. Core functions include developing a comprehensive plan within one year; coordinating with agencies and LGUs; prescribing policies/regulations; entering contracts; arranging funding; ensuring a minimum internet speed per user; creating/installing/maintaining/operating needed infrastructure and systems; training personnel and accounting practices; and prescribing standards for installation and operations.
At least 2 Mbps per user, or as prescribed by the national Broadband plan, whichever is higher.
The DICT may partner with the private sector. Excess capacity of private partners may be offered as supplemental internet access for a reasonable fee, but individuals/entities must register with the NTC as value-added services providers.
RA 10929 prohibits unfair methods of competition and exclusivity arrangements favoring a single telecommunications entity. The DICT, in coordination with the Philippine Competition Commission (PCC), must issue rules to enforce this. Violations can lead to administrative penalties for concerned government officials/employees under civil service laws.
The DICT, in coordination with the NTC, must assign frequencies needed for the Program, provided it does not interfere with other authorized operators or hinder authorized services. Available/unassigned spectrum may be granted to other agencies and private entities under transparent, fair, reasonable, and nondiscriminatory terms after consultations, with joint DICT-NTC-PCC guidelines. Within one year, DICT must issue guiding principles for open and shared spectrum use.
The NTC must issue rules on minimum quality of service (download speed, latency, packet loss, jitter) not lower than retail basic internet minimums. The DICT periodically collects/updates/publishes compliance and performance info and imposes penalties for non-compliance under contracts. The government must respect user privacy; program administrators must not collect/use/disclose user data, including anonymous traffic data, in accordance with the Data Privacy Act (RA 10173).
Access to pornographic websites is prohibited under the Program.
The DICT, coordinating with the Inter-Agency Council Against Child Pornography and consulting telecom companies and civil society, must develop standards and mechanisms to protect children online consistent with existing laws on children’s rights and welfare.
Private property rights must be respected. If infrastructure/equipment construction affects privately owned land or property, the DICT must ensure necessary public consultations with affected parties (homeowners/HOAs, NGOs, POs, and LGUs) before implementation. Consultations must conform to RA 9904 (Magna Carta for Homeowners and Homeowners’ Associations) and the Local Government Code’s implementing rule requirements referenced in the Act.
The DICT must streamline applications/renewals and regulate fees for permits/certifications and rental rates. Fees must be just and reasonably sufficient to cover supervision/regulation; local fees inure to LGUs. If an issuing agency fails to release a license/permit without informing the applicant of errors/omissions/additional documents, it results in automatic approval within seven (7) days after submission of the corresponding fees. The Act also suspends processing time for force majeure/natural/man-made disasters and prohibits additional steps/permits/fees beyond DICT-stipulated requirements.
RA 10929 creates the FPIAF under DICT to finance Program implementation. It is funded from Spectrum Users Fees collected by the NTC and other sources identified by the DBM.