Question & AnswerQ&A (EXECUTIVE ORDER NO. 32)
The primary purpose of Executive Order No. 32 is to streamline the permitting process for the construction of telecommunications and internet infrastructure in the Philippines by reducing red tape and expediting business and non-business transactions related to permits, licenses, and clearances for such construction projects.
All national government agencies (NGAs) and instrumentalities including government-owned or -controlled corporations, as well as local government units (LGUs), involved in the issuance of permits, licenses, clearances, certifications, and authorizations for telecommunications and internet infrastructure are covered.
The EO covers the construction, installation, repair, operation, and maintenance of shared passive telecommunications tower infrastructure, erection of poles, installation of aerial and underground cables and facilities, underground fiber ducts, ground terminals, and other similar telecommunications and internet infrastructure.
The streamlined requirements include the Building Permit from the Office of the Building Official, Height Clearance Permit from the Civil Aviation Authority of the Philippines (CAAP) except under certain conditions, homeowners and community clearances, and applicable clearances such as Environmental Compliance Certificate (ECC), Special Use Agreement in Protected Areas, Free and Prior Informed Consent, Land Use Conversion from DAR, and clearances from Laguna Lake Development Authority, PEZA, and Palawan Council for Sustainable Development, among others.
Yes, the order explicitly prohibits requiring Sangguniang Panlungsod/Bayan or Barangay Resolutions, ECC or Certificate of Non-Coverage if outside environmentally critical areas, Certificate of Safety Evaluation from DOH and FDA, and Certified True Copy of NTC Provisional Authority or Certificate of Public Convenience and Necessity among others.
They apply to public telecommunications entities holding NTC Certificates of Public Convenience or Provisional Authorities, cable TV operators registered as Value-Added Service Providers authorized to offer internet access, VAS providers under the DICT Free Public Internet Program, ICT technology providers or contractors, independent tower companies registered with DICT, distribution utility owners with Congressional franchises, and their authorized contractors.
Applications not acted upon within the prescribed period shall be deemed approved pursuant to Section 10 of RA No. 9485, provided that all documentary requirements and fees have been submitted and paid as required.
The One-Stop Shop facilitates frontline services for applicants securing building permits and related certificates for telecommunications infrastructure construction to streamline processing and reduce delays.
The Zero Backlog Policy mandates that all covered government agencies and LGUs ensure no pending applications for permits and clearances covered by the EO remain unprocessed. They must submit annual lists of pending applications and compliance reports to the Anti-Red Tape Authority (ARTA).
The TWG is chaired by the DICT and includes the Anti-Red Tape Authority, National Telecommunications Commission, Department of Public Works and Highways, and Department of the Interior and Local Government. Its function is to oversee the effective and efficient implementation of the EO, including the formulation of implementing rules and regulations.