Philippines finalizes IRR for Konektadong Pinoy internet law

On November 5, the Department of Information and Communications Technology finalized the implementing rules and regulations for the Konektadong Pinoy law. The law opens all segments of the data transmission network to competition in the Philippines. Service providers can now offer internet services without needing a congressional franchise.

The Konektadong Pinoy law reshapes internet infrastructure regulation in the Philippines by opening all segments of the data transmission network to competition. After a series of consultations, the Department of Information and Communications Technology finalized the implementing rules and regulations on November 5. Data transmission industry participants (DTIPs), including large telcos, small ISPs, community networks, fixed wireless operators, and satellite providers, can now build or lease networks or offer services simply by registering with the National Telecommunications Commission (NTC). They must comply with performance standards, cybersecurity requirements, and rules on access, interconnection, and spectrum.

A key feature is the 'Green Lane' process at the NTC for micro and community-based DTIPs in rural and underserved areas, providing a simplified, low-cost track. The law adopts a technology-neutral approach, avoiding favoritism toward specific technologies like fiber, 5G, or satellite, while focusing on outcomes. It promotes infrastructure sharing, requiring owners of towers and fiber lines to offer access on fair terms via a Reference Access Offer (RAO), which details technical, cybersecurity, and financial aspects.

For users, the NTC will publish minimum benchmarks for download and upload speeds, latency, jitter, packet loss, and uptime within two months of effectivity, with DTIPs required to comply within six months. Major outages must be reported: planned maintenance at least seven days in advance, unplanned within 24 hours. Consistent non-compliance can lead to penalties and potential revocation of registration after three years of poor service.

On cybersecurity, DTIPs must obtain certification within two years, conduct audits, and report incidents under the National Cybersecurity Plan. The Dig Once Policy mandates coordination on government projects to avoid repeated excavations. After one year, the Philippine Competition Commission will analyze the market for entities with significant market power.

Reactions are mixed: the DICT says it accelerates digital inclusion, while PLDT chairman Manuel Pangilinan warns of 'free riders' in infrastructure sharing, though access is not free and must be paid for under the RAO.

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