Law Summary
Declaration of Policy
- Recognizes information and communications technology as vital for nation-building.
- Promotes an environment ensuring availability and accessibility to reliable and secure internet.
- Establishes a program to provide free internet access in public places for knowledge-building and participation in the information age.
Creation of the Free Public Internet Access Program
- A Free Public Internet Access Program (the Program) is hereby created.
- No fees shall be collected from users connecting to public internet access points.
- The free internet service must be separate from government office backend systems, though shared infrastructure use is permitted.
- Technical restrictions on access are allowed only for clear technical risks, prioritizing ease of access.
Coverage of the Program
- Public places covered include:
- 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, barangay reading centers
- Public airports and seaports
- Public transport terminals
- Minimum locations within these places include areas of maximum use such as computer labs, libraries, main lobbies, hallways, and assembly points.
- DICT will set standards and prioritize rollout locations.
- Appropriate signage must be placed visibly where free internet access is provided.
Lead Implementing Agency
- DICT is designated the lead agency for implementation.
- Duties include developing a comprehensive plan within one year, coordinating with agencies and private sector, prescribing policies, entering contracts, arranging funding, setting minimum internet speeds (2 Mbps or higher), maintaining infrastructure, training personnel, and prescribing regulations.
- DICT can directly provide internet through infrastructure and equipment installation.
Public-Private Participation
- DICT may partner with the private sector to enhance implementation.
- Private partners can offer supplemental paid internet services but must register as value-added service providers with NTC.
- ISPs encouraged to exchange data traffic at domestic IP exchanges.
- ISPs allowed to use satellite and emerging technologies for universal coverage, considered value-added services.
Prohibition of Exclusivity Arrangements
- Exclusivity agreements favoring a single telecom entity are banned to ensure free, unrestricted access.
- DICT and Philippine Competition Commission (PCC) will issue rules to enforce this.
- Violations subject government officials to administrative penalties.
Use of Available or Unassigned Spectrum
- DICT, with NTC, to be assigned required frequencies without causing interference to private operators.
- Spectrum use by other agencies/private entities must be transparent, fair, reasonable, and nondiscriminatory.
- Guidelines for open/shared spectrum use to be issued within one year.
Data Collection and Monitoring
- NTC to issue service quality rules within one year covering minimum standards like speed, latency, packet loss, and jitter.
- Minimum standards shall not be below those for retail basic internet connectivity.
- DICT to collect, update, publish service data and impose penalties on ISPs non-compliant with standards.
- User privacy is protected in compliance with the Data Privacy Act of 2012; no unauthorized collection or disclosure of user data.
Prohibition on Access to Pornography
- Access to pornographic websites is prohibited under the Program.
Protection of Children
- DICT, with relevant agencies and in consultation with telecom companies and civil society, shall develop standards and mechanisms to protect children online consistent with existing laws.
Public Safety Warning
- Telecom facilities must bear warning signs when close contact may pose health hazards.
Respect for Private Property
- Private property rights are respected; construction on private land requires public consultation with affected parties, following laws on homeowners associations and LGU rules.
Roles of National and Local Government
- NGAs and LGUs shall:
- Coordinate permit application processes and fee implementation with DICT and DILG.
- Facilitate access to government properties for installation.
- Align existing free internet programs with this Act.
- Ensure security of installed equipment.
- Designate site coordinators as needed.
Permitting and Certification
- DICT to streamline permits, licenses, and fees related to infrastructure/equipment installation.
- Fees to be just and cover supervision and regulation costs; local fees benefit LGUs.
- Failure of issuance within seven days (excluding force majeure) results in automatic approval.
- No additional permits or fees beyond DICT requirements allowed.
- DILG to monitor LGU compliance.
Annual Reporting
- DICT to prepare annual reports on Program implementation and recommend policy improvements.
- Reports submitted to key government officials and legislative committees.
Free Public Internet Access Fund (FPIAF)
- FPIAF created under DICT management to fund the Program.
- Funded by Spectrum Users Fees and other identified sources.
Appropriations
- Initial funding charged against available DICT, NTC, and Privacy Commission funds.
- Subsequent funding from FPIAF.
- Budget deficiencies included in annual General Appropriations Act.
Implementing Rules and Regulations
- DICT, with relevant agencies, to issue implementing rules within 90 days of effectivity.
Separability Clause
- Any unconstitutional provision will not affect the validity of the remainder of the Act.
Repealing Clause
- Inconsistent laws, decrees, rules, or parts are repealed or modified accordingly.
Effectivity
- The Act takes effect fifteen days after publication in the Official Gazette or two newspapers of general circulation.