Mandate for Expedited Processing and Development of Digital Infrastructure
- The Anti-Red Tape Authority (ARTA), in coordination with the Department of Information and Communications Technology (DICT), is tasked with developing fast and reliable interconnectivity infrastructure.
- The law supports the expedited processing of permits, licenses, clearances, certifications, or authorizations necessary for telecommunication systems.
- Temporary suspension of permit requirements for telecommunications construction during the pandemic period influenced the institutionalization of streamlined processes.
Coverage of the Order
- Applies to all National Government Agencies (NGAs), instrumentalities (including government-owned or controlled corporations), and Local Government Units (LGUs).
- Covers issuance of permits, licenses, clearances, certifications, and authorizations for: a. Construction, installation, repair, operation, and maintenance of Shared Passive Telecommunications Tower Infrastructure; b. Erection of poles, aerial/underground cables, underground fiber ducts, ground terminals, and other telecommunication and internet infrastructure.
Streamlined Permit Requirements
- Only specific permits and clearances are required, including:
- Building Permit from the Office of the Building Official;
- Height Clearance Permit from the CAAP (except for smaller or non-critical locations);
- Homeowners and community clearances;
- Specific clearances from other agencies (Environmental Compliance Certificate if in critical areas, Special Use Agreement for protected sites, Free and Prior Informed Consent for ancestral domains, Land Use Conversion for agricultural lands over 5 hectares, clearances related to Laguna Lake, PEZA zones, and Palawan strategic environment);
- Other legally mandated requirements for construction.
- Several documents are explicitly not required when securing primary permits, among them Sangguniang resolutions, ECC or certificate of non-coverage for non-critical areas, certain health department certificates, and NTC certifications.
Applicability to Various Entities
- The streamlined procedures apply to:
- Public Telecommunications Entities with appropriate NTC licensing;
- Cable TV Operators registered for internet access services;
- Value-Added Service Providers registered with the NTC and contracted by DICT;
- ICT Technology Providers or physical infrastructure contractors contracted by PTEs or CATV operators;
- Independent tower companies registered with DICT;
- Distribution utility owners with Congressional franchise;
- Authorized contractors of the above entities.
Deemed Approval for Unacted Applications
- Applications not acted upon within the prescribed legal periods shall be deemed approved as long as all documentary requirements have been submitted and fees paid.
Establishment of One-Stop Shop for Construction Permits
- All cities and municipalities are instructed to establish one-stop shops for construction-related permits and certificates, centered preferably in the Office of the Building Official, to provide convenient frontline services.
Zero Backlog Policy
- Agencies and LGUs are enjoined to implement a zero backlog policy in processing applications covered by this Order.
- Annual submission of pending application lists and compliance reports to ARTA, with copies furnished to the Office of the President, is required.
Technical Working Group for Oversight
- A Technical Working Group (TWG) is created to oversee implementation.
- The DICT chairs the TWG, with ARTA, NTC, Department of Public Works and Highways, and Department of the Interior and Local Government as members.
Formulation of Implementing Rules and Regulations
- The TWG shall formulate necessary rules and regulations within 60 working days of the Order’s effectivity to ensure effective implementation.
Repeal of Inconsistent Issuances
- All orders, rules, regulations, or parts thereof inconsistent with the Order are hereby repealed or modified accordingly.
Separability Clause
- Provisions found invalid or unconstitutional do not affect the validity of the remaining portions, which remain effective.
Immediate Effectivity
- The Order takes effect immediately upon publication in the Official Gazette or a newspaper of general circulation.