Title
Streamlining Telecom Infrastructure Permits
Law
Executive Order No. 32
Decision Date
Jul 4, 2023
Executive Order No. 32 temporarily suspends the enforcement of payment for all debts and monetary obligations within the Philippines, except for those incurred in areas declared free from enemy occupation and control, until the Commonwealth Government takes action.
A

Coverage of the Order

  • Applies to all NGAs, government-owned or controlled corporations, and LGUs involved in issuing permits, licenses, clearances, certifications, and authorizations.
  • Covers activities related to: a. Construction, installation, repair, operation, and maintenance of shared passive telecommunications tower infrastructure. b. Erection of poles, installation of aerial and underground cables, fiber ducts, ground terminals, and other telecommunications and internet infrastructure.

Streamlined Requirements for Construction of Telecommunications and Internet Infrastructure

  • No other national or local permits or clearances are required except: a. Building Permit from the Office of the Building Official. b. Height Clearance Permit from CAAP (except for structures outside critical areas and below 50 meters). c. Homeowners and community clearances. d. Relevant clearances from government agencies including: i. Environmental Compliance Certificate (if site is environmentally critical). ii. Special Use Agreement for protected areas. iii. Free and Prior Informed Consent if on ancestral domain. iv. Land use conversion from DAR for agricultural land exceeding thresholds. v. Clearance from Laguna Lake Development Authority if site is in Laguna de Bay region. vi. PEZA clearance if within economic zones. vii. Strategic Environment Plan Clearance if in Palawan. e. Other legally mandated requirements for construction.
  • Exemptions from certain documents when securing Building Permit, Fire Safety Evaluation, Barangay or Locational Clearances include: a. Sangguniang Panlungsod/Bayan or Barangay Resolutions. b. ECC or Certificate of Non-Coverage outside environmentally critical areas. c. DOH and FDA Certificates of Safety Evaluation. d. Certified True Copy of NTC Provisional Authority or Certificates related to telecommunication services.

Applicability of Streamlined Requirements

  • Applies to both pending and new applications involving: a. Public Telecommunications Entities (holders of NTC certificates). b. Cable TV Operators registered as VAS Providers. c. Other VAS Providers contracted under DICT programs. d. ICT Technology Providers or contractors engaged by PTEs or CATV operators. e. Independent Tower Companies registered with DICT. f. Distribution Utility Owners with Congressional franchise. g. Authorized contractors of these entities.

Processing of Applications and Approval

  • Applications not acted upon within prescribed periods shall be deemed approved per Section 10 of RA 9485, provided all necessary documents and payments are submitted.

Establishment of One-Stop Shop for Construction Permits

  • Cities and municipalities must establish a One-Stop Shop, preferably at the Office of the Building Official, to facilitate frontline services for building permits and related certificates including those for telecommunications and internet infrastructure.

Zero Backlog Policy

  • Encourages agencies and LGUs to implement zero backlog in processing related permits and clearances.
  • Requires annual submission of pending applications and compliance reports to ARTA, with copies sent to the Office of the President.

Creation of Technical Working Group (TWG)

  • A TWG is established as an oversight body to ensure effective implementation.
  • Chaired by DICT with members including ARTA, NTC, DPWH, and DILG.

Formulation of Implementing Rules and Regulations

  • TWG must draft and implement necessary rules within sixty (60) working days of the Order’s effectivity.

Repeal of Inconsistent Issuances

  • Any orders, rules, or issuances inconsistent with this Order are repealed or modified accordingly.

Separability Clause

  • Invalidity of any part does not affect the remainder of the Order, which remains in full force.

Effectivity

  • The Order takes effect immediately upon publication in the Official Gazette or a newspaper of general circulation.

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