Free Internet Access in Public Places Act

Program rules for service separation and technical limits

The free internet service provided under Section 3 shall be separate from the internet service used for backend computer systems and programs, databases, and/or management and information systems in government offices (Section 3(b)).
The Program may use shared use of infrastructure even while maintaining service separation; such shared infrastructure use is not prohibited (Section 3(b)).
Technical solutions that limit or restrict access may be employed only when there is clear and present technical risk or breach that cannot be remedied through ordinary technical solutions (Section 3(c)).
Technical solutions that can maintain or promote ease of access shall be prioritized and pursued (Section 3(c)).

Covered public places and rollout standards

The Program covers these public places (Section 4(a)-(g)):
- National and local government offices;
- Public basic education institutions;
- State universities and colleges, and TESDA technology institutions;
- Public hospitals, health centers, and rural health units;
- Public parks, plazas, libraries, and barangay reading centers;
- Public airports, and seaports; and
- Public transport terminals.
The Program must be made available, at the minimum, in areas within those public places that ensure maximum use and access, including computer laboratories and libraries in public basic education institutions and state universities and colleges; main lobbies and hallways of public buildings or transport terminals; and main assembly points in public parks, hospitals, and health centers (Section 4).
Appropriate signage must be placed in conspicuous areas of sites with access to the free internet service provided by the Program (Section 4).
DICT is authorized to set standards and qualifications determining which public places are included and prioritized for the Program rollout (Section 4).

DICT as lead implementing agency

DICT is the lead implementing agency that oversees effective and efficient implementation (Section 5).
Within one (1) year from effectivity, DICT must develop a comprehensive plan for timely and effective implementation and propagation of the Program (Section 5(a)).
DICT must coordinate with NGAs, LGUs, private sector, and concerned organizations so the comprehensive plan is integrated with mandated agencies’ plans and budgets (Section 5(b)).
DICT must prescribe policies and regulations and coordinate implementation of the Act (Section 5(c)).
DICT may enter into contracts to undertake implementation subject to existing laws and regulations (Section 5(d)).
DICT must arrange Program funding from any source—private, government, foreign, or domestic, including official development assistance and bilateral and multilateral loans—subject to existing laws and regulations (Section 5(e)).
DICT must ensure a minimum internet speed per user of two megabits per second (2 Mbps) or as prescribed by the national Broadband plan, whichever is higher (Section 5(f)).
DICT must create, establish, install, maintain, and operate infrastructure, equipment, systems, platforms, applications, and other Program requirements nationwide (Section 5(g)).
DICT must train personnel and institute accounting and fiscal practices, including where operations are outsourced to a qualified private party (Section 5(h)).
DICT must prescribe regulations or adopt acceptable standards for installation, construction, maintenance, and operation of infrastructure and equipment (Section 5(i)).
The Act does not prohibit DICT from providing internet connectivity by installing equipment and establishing infrastructure (Section 5).

Public-private participation and ISP requirements

DICT may partner with the private sector to deliver the free internet access efficiently and cost-effectively (Section 6).
Excess capacity of private sector partners may be offered to deliver supplemental internet access service for a reasonable fee to users in areas where Program facilities are located, subject to registration as value-added services providers (Section 6).
Individuals or entities offering supplemental services must register with the National Telecommunications Commission (NTC) as value-added services providers (Section 6).
Private service providers are encouraged to exchange data traffic at domestic internet protocol (IP) exchanges, which may be designated by DICT (Section 6).
ISPs may acquire and utilize internet connectivity directly from satellites and other emerging technologies to ensure universal coverage; when used to provide internet connectivity, such use is considered value-added services (Section 6).

Competition limits and spectrum management

Unfair methods of competition and exclusivity arrangements in favor of a single telecommunications entity are prohibited to promote free and unrestricted access for installation and operation of broadband facilities in Program public places (Section 7).
DICT, in coordination with the Philippine Competition Commission (PCC), must issue rules and guidelines to enforce the prohibition in Section 7.
Violations of the Section 7 prohibition subject concerned government officials and employees to administrative penalties under existing civil service laws, rules and regulations (Section 7).
DICT, in coordination with the NTC, shall be assigned the frequencies it requires for the Program (Section 8).
The assignment of frequencies must not cause interference to other private operators of the Program or hinder development of broadcast, telecommunications, internet service, or value-added services authorized by or registered with the NTC (Section 8).
The use of available or unassigned spectrum may be granted to other agencies and private entities only subject to transparent, fair, reasonable, and nondiscriminatory terms and conditions specified in jointly issued guidelines of DICT, NTC, and PCC after public stakeholder consultations (Section 8).
Within one (1) year from effectivity, DICT (consulting NTC and PCC) must issue guiding principles and policy direction for open and shared use of spectrum, especially for Program implementation (Section 8).

Minimum quality standards, monitoring, and privacy

Within one (1) year from effectivity, NTC must issue rules on minimum standards for quality of service, including download speed, latency, packet loss, and jitter for public free internet service (Section 9).
The minimum quality of service standards for the Program must not be lower than the minimum quality of service standards for retail basic internet connectivity services offered to the public (Section 9).
DICT must periodically collect, update, and publish information on the cost, performance, service quality, and compliance with minimum standards on free public internet access points set by the NTC (Section 9).
DICT must impose penalties upon ISPs that do not comply with the minimum standards set by the NTC and the agreed quality of service specified in their contract with DICT (Section 9).
The government must respect the privacy of persons who use the Program (Section 9).
Program administrators or managers must not engage in collection, use, or disclosure of user data, including collection of anonymous traffic data, in accordance with Republic Act No. 10173, the “Data Privacy Act of 2012” (Section 9).

Content restrictions and safeguards for children

Access to pornographic websites is prohibited under the Program (Section 10).
DICT, coordinating with the Inter-Agency Council Against Child Pornography, and consulting telecommunications companies and civil society organizations, must develop standards and mechanisms for protection of children online, consistent with existing laws on children’s rights and welfare (Section 11).

Public safety warning signage for facilities

DICT and telecommunications companies must ensure facilities such as relay stations, repeaters, boosters, and telecommunication towers bear appropriate warning signage when warranted by the risk of harm or hazards from close and constant contact (Section 12).

Private property and consultation requirements

The right to private property must be respected in Program implementation (Section 13).
If construction of infrastructure or installation of equipment involves or affects privately owned land or property, DICT must ensure public consultations with affected or concerned parties, including homeowners, homeowners associations, nongovernment organizations, people’s organizations, and LGUs, before Program implementation in their jurisdiction (Section 13).
Public consultations must conform to Republic Act No. 9904 (the “Magna Carta for Homeowners and Homeowners’ Associations”) and to Rule XI, Article 54 of the implementing rules and regulations of Republic Act No. 7160 (Local Government Code of 1991) (Section 13).

Roles of NGAs and LGUs in implementation

Concerned NGAs and LGUs must coordinate with DICT and the Department of the Interior and Local Government (DILG) in streamlining application, renewal, and approval of permits and certificates, and in regulating and standardizing implementation of fees pertinent to Program implementation (Section 14(a)).
NGAs and LGUs must facilitate telecommunications companies’ access to government or government-owned or -controlled properties and facilities for deployment and temporary storage of equipment and property needed to construct infrastructure or install equipment (Section 14(b)).
NGAs and LGUs must align or enroll their programs providing free internet access with that provided in the Act (Section 14(c)).
NGAs and LGUs must ensure security of installed equipment (Section 14(d)).
NGAs and LGUs must assign designated personnel to act as a site coordinator as needed (Section 14(e)).

Permitting, standardized fees, and automatic approval

DICT must streamline the process for application, renewal, and release of permits, licenses, and clearances needed for construction or equipment installation, coordinating with concerned national and local government agencies (Section 15).
DICT must standardize and regulate fees for permit facilitation and rental rates of government-owned or -controlled properties used for construction and installation necessary for immediate and effective Program implementation (Section 15).
Fees to be collected must be just and reasonably sufficient to cover supervision and regulation costs (Section 15).
Revenue collected from local fees, charges, and other local impositions must inure solely to the benefit of LGUs and be subject to LGU disposition (Section 15).
DICT must coordinate with concerned NGAs and LGUs and conduct consultations with civil society organizations and other stakeholder groups in developing implementing rules and policies for permitting and certification (Section 15).
If the issuing agency fails to release the applied license while informing the applicant business entity of errors, omissions, or additional documents required, the license or permit is subject to automatic approval within seven (7) days after the applicant business entity submits the corresponding fees (Section 15).
If the delay is due to force majeure or natural or man-made disaster causing damage or destruction of documents, the prescribed processing time is suspended and appropriate adjustments are made (Section 15).
No additional steps, permits, certificates, or fees may be required from any applicant beyond the requirements stipulated by DICT (Section 15).
Initial issuances and agreements necessary to facilitate the streamlined permitting process must be issued or released within three (3) months from effectivity (Section 15).
DILG must monitor concerned LGUs’ compliance with Program requirements (Section 15).

Reporting, program fund, and budget sourcing

DICT, coordinating with relevant NGAs and LGUs, must prepare an annual report on Program implementation status and recommend policies for effective implementation (Section 16).
The annual report must be submitted to the President of the Philippines, Senate President, House Speaker, and the Chairpersons of the Committee on Science and Technology of the Senate and the Committee on Information and Communications Technology of the House of Representatives (Section 16).
Section 17 creates the Free Public Internet Access Fund (FPIAF) under the management of DICT to finance Program implementation.
The FPIAF is funded from Spectrum Users Fees collected by the NTC and other sources identified by the Department of Budget and Management (Section 17).
Initial and immediate implementation funding is charged against available funds of DICT, NTC, and the National Privacy Commission; thereafter, needed sums are sourced from the FPIAF (Section 18).
Any deficiency in budgetary requirements for implementation must be included in the annual General Appropriations Act (Section 18).

Implementing rules, separability, repeal, and effectivity

DICT must promulgate the necessary rules and regulations for effective implementation within ninety (90) days from effectivity (Section 19).
If any provision is declared unconstitutional, the remaining provisions remain valid (Section 20).
All laws, decrees, orders, rules, regulations, and other issuances, or parts inconsistent with the Act are repealed or modified accordingly (Section 21).
The Act takes effect fifteen (15) days after publication in the Official Gazette or in any two (2) newspapers of general circulation (Section 22).
The Act was finalized by Congress on May 24, 2017 (Senate) and May 23, 2017 (House of Representatives).