Question & AnswerQ&A (Republic Act No. 10929)
The short title of Republic Act No. 10929 is the 'Free Internet Access in Public Places Act'.
The State recognizes the vital role of information and communications technology in nation-building and declares its policy to promote an environment for the development of structures ensuring availability and accessibility to reliable and secure internet access suitable to the nation's needs and aspirations.
The key features include: (a) No fees shall be collected from users for internet access; (b) Free internet service is separate from backend government systems but shared infrastructure is allowed; (c) Technical restrictions on access are allowed only for clear technical risks, with prioritized solutions that maintain ease of access.
Public places covered include: national and local government offices; public basic education institutions; state universities and TESDA technology institutions; public hospitals, health centers, rural health units; public parks, plazas, libraries, barangay reading centers; public airports, seaports; and public transport terminals.
The Department of Information and Communications Technology (DICT) is the lead implementing agency. Its duties include developing a comprehensive plan, coordinating with agencies and private sector, prescribing policies, entering contracts, arranging funding, ensuring minimum internet speed, establishing infrastructure, training personnel, and prescribing standards for installation and operation.
Yes, the DICT may partner with the private sector to promote cost-efficient delivery. Private partners can offer supplemental internet access services for a reasonable fee, provided they register as value-added services providers with the National Telecommunications Commission (NTC).
Any unfair methods of competition and exclusivity arrangements favoring a single telecommunications entity are prohibited. DICT, in coordination with the Philippine Competition Commission (PCC), shall enforce this provision, and violators among government officials may face administrative penalties under civil service laws.
The DICT, in coordination with the NTC, shall be assigned the necessary frequencies without causing interference to private operators. Use of available or unassigned spectrum may be granted to other entities on transparent, fair, reasonable, and nondiscriminatory terms as specified in jointly issued guidelines.
Within one year from effectivity, the NTC shall issue rules on minimum quality of service, including download speed, latency, packet loss, and jitter. The minimum standards for the Program cannot be lower than those for retail basic internet connectivity services. ISPs not complying may be penalized by the DICT.
No, access to pornographic websites is prohibited under the Free Internet Access Program.
The DICT, in coordination with the Inter-Agency Council Against Child Pornography and in consultation with telecommunications companies and civil society, shall develop standards and mechanisms to protect children online consistent with existing laws on children’s rights and welfare.
The right to private property is respected. The DICT must ensure public consultations with affected parties such as homeowners and local government units before implementing infrastructure projects affecting private property, following guidelines in the Magna Carta for Homeowners and Homeowners' Associations and the Local Government Code.
NGAs and LGUs must coordinate with DICT and the DILG to streamline permits and fees, facilitate access on government properties, align their free internet programs with this Act, ensure security of equipment, and assign site coordinators as needed.
The DICT shall streamline applications and standardize fees in coordination with concerned government entities. Permits shall be approved automatically within 7 days if there is no notification of defects. No additional requirements outside those stipulated by DICT shall be imposed.
The Free Public Internet Access Fund (FPIAF) is created under the DICT to finance the Program. It is funded by Spectrum Users Fees collected by the NTC and other sources identified by the Department of Budget and Management.
The Act took effect fifteen (15) days after its publication in the Official Gazette or in any two newspapers of general circulation.