AN ACT ESTABLISHING A COMPREHENSIVE AND INCLUSIVE DATA TRANSMISSION AND CONNECTIVITY FRAMEWORK FOR THE PHILIPPINES

[ REPUBLIC ACT NO. 12234, August 24, 2025 ]

AN ACT ESTABLISHING A COMPREHENSIVE AND INCLUSIVE DATA TRANSMISSION AND CONNECTIVITY FRAMEWORK FOR THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I
GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Konektadong Pinoy Act".

Section 2. Declaration of Policy. - The State recognizes the role of digital inclusivity in nation-building and the necessity of narrowing the digital divide in the country through the development of data transmission infrastructure and removal of barriers to competition in data transmission services.

The State hereby adopts a policy to promote, develop, and sustain new communication technologies and the best quality of data transmission services at an affordable cost and at standards consistent with the needs and aspirations of the concerns, shall protect public interest by implementing measures to ensure reliable and affordable universal internet access, especially in critical areas such as e-governance and basic service delivery, education. health, trade, finance, disaster preparedness, and public safety.

The State shall pursue an open-access policy providing an accessible and competitive environment to all qualified participants in all segments of the data transmission network, and encouraging investments in the digital infrastructure for the development of reliable and affordable data transmission networks, comparable to the best in the world. The State shall promote data transmission infrastructure sharing and co-location to eliminate the uneconomic duplication of these facilities in the data transmission sector.

The State shall ensure efficient and transparent management of the radio frequency spectrum to optimize its utilization and prevent monopolistic control, thereby fostering fair competition and equitable access to data transmission services for all Filipino citizens.

Section 3. Definition of Terms. - As used in this Act:

Section 4. Scope. - This Act shall apply to all DTIPs including but not limited to, VoIP service providers, internet service providers (ISPs), and SSPOs. DTIPs that are principally engaged in the provision of basic telephone services, such as international carriers, interexchange carriers, local exchange operators, and mobile radio services providers, as defined in Republic Act No. 7925, and which also provide data transmission services, shall likewise be subject to the provisions of this Act with respect to their data transmission services and the linkage of their networks extended to DTIPs.

Access providers shall likewise comply with the relevant provisions herein and the policies, rules, and regulations issued under this Act.

Section 5. Segments of the Data Transmission Network. - The data transmission network shall be divided into segments, which include: (a) international gateway facilities; (b) core or backbone network; (c) middle mile; (d) last mile; and (e) any other segment as may be defined by the DICT.

CHAPTER II
REGULATION OF THE DATA TRANSMISSION INDUSTRY

Section 6. Department of Information and Communications Technology. - The DICT shall be the primary policy, planning, coordinating, implementing, and administrative entity of the government that will plan, develop, and promote the national ICT agenda with its mandate under Republic Act No. 10844 or the "Department of Information and Communications Technology Act of 2015", and in accordance with international agreements and conventions to which the Philippines is a party. In line with this mandate, the DICT shall be the highest policy-making body on data transmission and connectivity matters and shall have the following powers and functions:

The DICT may consult or coordinate with relevant government departments, agencies, bureaus, or instrumentalities, and LGUs in the formulation of its policies and guidelines.

All non-internal policies and guidelines issued by the DICT shall be subject to prior public consultations or hearings.

Section 7. National Telecommunications Commission. - The NTC, an attached agency of the DICT, shall be the principal regulatory and adjudication body over the data transmission sector and shall take necessary measures to implement the policies and objectives of this Act, and as set forth by the DICT. In addition to its existing functions, the NTC shall be responsible to the following:

Section 8. Registration. - All segments of the data transmission network shall be competitive and open and all DTIPs shall be allowed to put up their own networks. Notwithstanding the provisions of this Act or any other law, the following procedure for registration and certification shall apply to the data transmission industry:

Section 9. Cybersecurity Certification. - All DTIPs shall adopt and comply with national and global best practices and standards on cybersecurity and be subject to a cybersecurity performance audit by the Cybersecurity Bureau of the DICT. Within two (2) years from registration, DTIPs shall secure a cybersecurity certification from a third-party organization based on the prevailing International Organization for Standardization (ISO) standards on information security management or such other minimum security standards identified by the DICT.

Section 10. Spectrum Management Policy Framework. - An SMPF shall be formulated to ensure that the spectrum is managed in a manner that ensures fair competition, supports adaptability to technological advancements, and maximizes the efficient use of this resource among all registered DTIPs, in accordance with international conventions, standards, and developments, and other pertinent laws. The SMPF shall contain the national policies and guiding principles to govern the management of spectrum, including, among others, spectrum valuation and pricing, spectrum allocation, and spectrum assignment for public, private, and government use.

Within three (3) months from the effectivity of the IRR of this Act, the NTC shall initiate and complete a review of the existing spectrum allocations and assignments, in coordination with the DICT. Upon completion of the review, the NTC shall provide the DICT with recommendations to enhance the efficiency and optimization of spectrum management, which shall serve as a basis for the development of the SMPF. The SMPF shall be promulgated by the DICT, in coordination with the NTC and the PCC, within one (1) year from the effectivity of the IRR of this Act, and shall be reviewed annually and updated every four (4) years or as necessary.

The SMPF shall include, as a minimum, policies on the following:

Paragraphs (b), (c), (d), (e), and (j) herein shall not apply to applications for frequency assignments for fixed point-to-point radio links and Wi-Fi subject to guidelines to be issued by the DICT.

The NTC shall promulgate rules and regulations within three (3) months from the effectivity of the SMPF in order to effectively implement the same.

Section 11. Arms-Length Transactions and Transparency. - The NTC shall publish a registry of all DTIPs on its website within three (3) months from the effectivity of the IRR of this Act, and regularly update the same at least once a year.

All aspects of spectrum use information, including the NRFAT, shall be regularly reviewed, updated, published, and made available in print and online formats by the NTC. This information shall also include the purpose or use for which each frequency band is allocated, and the persons and/or entities to whom each particular frequency band allocated for public use is assigned. The NRFAT and updated radio frequency spectrum use information shall be made available on the NTC's website and to any entity upon written request.

The initial publication of such spectrum use information shall be made within three (3) months form the effectivity of the IRR of this Act, and once every two (2) years thereafter or more frequently as necessary when (a) national security so requires; (b) the govenrment deems it necessary and essential to the interest of the country; and (c) the Philippines has a regional and/or international commitment as a member signatory to bilateral or multilateral agreements.

All DTIPs shall file an annual report with the NTC and include therein a fair and accurate statements regarding their market prices and services. The annual report shall include technical and financial reports of the entity which shall contain, among others, investments made, network rollout reach, and all costs and charges relevant to the data transmission network segment where the participants operate.

Each DTIP at each segment shall submit a copy of its rates to the NTC and the PCC at least once a year. The rates, including a historical record, shall be published in a consolidated manner. The DTIPs shall keep a publicly accessible archive of their rates.

Section 12. Access. - Access providers shall grant access to digital infrastructure and services contained in the access list in an open, fair, reasonable, and non-discriminatory basis, subject to the technical feasibility of the access seeker's request: Provided, That there shall be public consultation with access providers prior to the inclusion of their digital infrastructure and services in the access list.

As used in this Act, non-discriminatory basis means access providers shall grants access on equal terms and conditions in similar circumstances, and provide information to third parties under the same conditions as it provides to itself or its subsidiaries.

The access list shall be issued by the DICT, the NTC, and the PCC within three (3) months from the effectivity of the IRR of this Act, and shall be reviewed and updated as necessary.

Section 13. Reference Access Offer. - Access providers shall publish a Reference Access Offer (RAO) that contains the relevant information, terms, conditions, and rates for the provision of access to digital infrastructure and services contained in the access list. The RAO of an access provider designated to have significant market power by the PCC, in consultation with the NTC, shall be submitted to and approved by the NTC prior to publication. For other access providers, the NTC shall furnished a copy of the RAO prior to its publication.

The RAO shall be comprehensive, complete, modular, and detailed to allow access seekers to consider the offer without need for negotiations or requests for additional information.

Disputes concerning access to digital infrastructure and services contained in the access list may be appealed to the NTC for adjudication. The NTC shall decide on such disputes within sixty (60) calendar days from receipt of the petition.

Access providers shall publish their RAO within sixty (60) days from the effectivity of the IRR of this Act.

Section 14. Direct Access to Satellite Systems. - Duly registered DTIPs may deploy satellite technology and use associated spectrums in any or all segments of their broadband network without the need for a lease or rent capacity from PTEs.

Prior authorization from either the DICT, for broadband networks, or the NTC, for broadcast providers and for services that do not involve broadband networks, shall not be required for direct access to satellite systems under this provision: Provided, That the terms and conditions, which include levels of access to any international fixed or mobile satellite system, shall be submitted by the DTIPs to the DICT or NTC, as applicable, for record purposes.

Section 15. Performance Standards and Monitoring for the Data Transmission Industry. - Within six (6) months from the effectivity of the IRR of this Act, the NTC shall publish performance standards for all DTIPs, taking into account quality of service parameters such as speed, packet loss, jitter, and latency, among others. These performance standards shall be regularly updated to ensure that they shall, at a minimum, be at part with service levels established in regional data transmission network performance indices and aligned with international best practices. The performance standards shall be reviewed at least once a year and updated as necessary. New performance standards shall take effect at least thirty (30) days after publication.

Based on these standards, the NTC shall, on quarterly basis, monitor and measure the performance of the DTIPs and publish the results thereof on the NTC website. The NTC may engage the services of an independent third-party monitoring firm to monitor the performance of DTIPs.

The DTIPS shall comply with the performance standards set by the NTC, within six (6) months from its initial publication.

The NTC may, motu proprio or upon petition by any interested party, and after due process, penalize any DTIP for failure to comply with the performance standards promulgated by the NTC and require rectification of such non-compliance.

Section 16. Infrastructure Sharing and Co-location. -

Section 17. Dig Once Policy. - The DICT and the DPWH, in collaboration with the NTC, the National Electrification Administration (NEA), the Department of the Interior and Local Government (DILG), the LGUs, private entities, and other relevant government agencies, shall jointly develop and issue a Dig Once Policy for the planning, relocation, installation, or improvement of conduits for data transmission services within the right-of-way, in conjunction with any current or planned construction, including but not limited to, highways, bridges, and elevated and subterranean railways. To the extent necessary, the DPWH shall, in collaboration with the DICT, the NTC, the NEA, the DILG, the LGUs, private entities, and other relevant government agencies, evaluate pricing requirements, engineering and design standards, procedures, and criteria for contracts or lease agreements with private entities, and provide for allocation of risk, costs, and any revenue generated.

Such policy shall ensure that passive infrastructure is, as far as possible, deployed together with roadworks, pipe-laying, and other infrastructure development by both government and private entities including, but not limited to, multi-dwelling infrastructure, tourist spots and buildings, and high-density areas.

In the absence of any planned excavation by the DPWH within the timeframe necessary for a timely rollout of infrastructure projects, the implementation of the Dig Once Policy shall in no no way preclude any entity from independently undertaking the installation or improvement of a conduit for data transmission services: Provided, That such activities shall comply with relevant laws, regulations, and safety standards, and do not unduly interfere with ongoing projects or endanger public safety: Provided, further, That the party conducting independent excavation activities shall disseminate information about proposed underground facility in a manner that is accessible to all parties who may be interested in installing a broadband conduit in the area of the proposed underground facility.

The DICT and the DPWH shall jointly develop model Dig Once policies for potential adoption by provincial and municipal governments with respect to construction or other improvements to highways, roads, and any other rights-of-way under the LGU's jurisdiction. They shall seek inputs from the Union of Local Authorities in the Philippines, the League of Municipalities of the Philippines, the League of Cities of the Philippines, the League of Provinces of the Philippines, and other stakeholders in developing these model policies.

Section 18. Fair Competition. - The PCC and the NTC shall ensure that the principles and policies under Republic Act No. 10667 are strictly adhered to in the data transmission industry. The PCC and the NTC shall ensure that ll industry players observe fair, reasonable, and non-discriminatory treatment in all their dealings, and that barriers to entry are eliminated to make the industry highly competitive. To this end, within thirty (30) days from the effectivity of this Act, the PCC and the NTC shall enter into an agreement to foster and develop interagency cooperation mechanisms, including information-sharing tools, that will guide them in the performance of their respective mandates., the promotion of fair competition in the data transmission industry, and the effective performance of their obligations under this Act.

Section 19. Technological Neutrality. - The DICT and the NTC shall ensure that the provisions of this law apply, mutatis mutandis, to future technologies in data transmission.

CHAPTER III
PENAL PROVISIONS

Section 20. Prohibited Acts. -

Section 21. Administrative Penalties. -

Section 22. Adjustment of Fines. - The administrative fines imposed under this Act shall be adjusted by the NTC annually, considering the prevailing cost of money based on the current consumer price index, and subject to the publication of such adjustments.

Section 23. Liability of Public Officers and Employees. - Without prejudice to the provisions of Republic Act No. 3019 or the "Anti-Graft and Corrupt Practices Act", and other penal laws, a public officer or employee who, in bad faith or with gross negligence, fails to comply with the provisions of this Act, shall be penalized with imprisonment of not less than two (2) years but not more than four (4) years, a fine of at least One hundred thousand pesos (P100,000.00) but not exceeding Two million pesos (P2,000,000.00), or both, at the discretion of the court.

No liability shall lie against any public officer or employee for having committed acts in the regular performance of their duties in good faith.

Section 24. Corporate Liability. - The liability imposed on a juridical entity for any violation of this Act shall be without prejudice to the civil or criminal liability of its responsible officers or employees.

CHAPTER IV
RIGHTS OF DATA TRANSMISSION SERVICE USERS
AND RESPONSIBILITIES OF DATA TRANSMISSION
SERVICE PROVIDERS

Section 25. Rights of Users. - The user of data transmission services shall have the following basic rights:

Subject to the filing of a formal request to the data service provider, a user may request the immediate termination of service without the imposition of fees or penalties, and with the refund of any fee or charge already paid, should a data service provider not consistently comply with paragraphs (a), (e), and (f) of this section or any other minimum performance standards set by the NTC.

CHAPTER V
MISCELLANEOUS PROVISIONS

Section 26. Expedited Processing. - In all instances where a DTIP requires a form, certificate, or request from any government agency or LGU, at least two (2) public officers shall be involved in processing such form, certificate, or request.

Processing fees and certifications required for the deployment of any segment of data transmission networks shall be limited to those identified by the DICT. The DICT shall coordinate with the concerned national government agencies and LGUs, and conduct the necessary consultations with civil society organizations and other stakeholder groups, for the formulation of policies and implementing rules to minimize the administrative burden of permitting and certification processes.

In processing permits for the construction, installation, repair, operation, and maintenance of data transmission infrastructure, Executive Order No. 32, series of 2023 shall apply.

Section 27. Prohibition on the Issuance of Preliminary Injunctions and Preliminary Mandatory Injunctions. - Except for the Court of Appeals and the Supreme Court, no other court shall issue a preliminary injunction or preliminary mandatory injunction against the NTC in the exercise of its duties or functions pursuant to this Act: Provided, That this prohibition shall apply in all cases, disputes, or controversies instituted by a private party, including, but not limited to, cases filed by entities or those claiming to have rights through such entities: Provided, further, That this prohibition shall not apply when the matter is of extreme urgency involving a constitutional issue, such that the non-issuance of an injunction will result in grave injustice and irreparable injury to the public: Provided, furthermore, That the applicant shall file a bond, in an amount to be fixed by the court, but in no case exceeding twenty percent (20%) of the imposable fines provided under Section 20 of this Act: Provided, finally, That in case of a decision by the Court that the applicant was not entitled to the relief applied for, the bond shall accrue in favor of the NTC.

Any preliminary injunction or preliminary mandatory injunction issued in violation of this section shall be void and of no force and effect. Any judge who violates this section shall be penalized with suspension of at least one (1) year without pay in addition to other criminal, civil, or administrative penalties.

Section 28. Accountability of Public Officers. - Public officers, employees, and agents of government agencies tasked to implement the provisions of this Act shall not be subject to any civil action in connection with any act done or omitted by them in the regular performance of their duties, except for those actions and omissions done in evident bad faith or with gross negligence.

Section 29. Indemnity. - Public officers, employees, and agents of government agencies shall be indemnified for liabilities, losses, claims, demands, damages, deficiencies, costs, and expenses of whatever king and nature that may arise in connection with the exercise of their powers and performance of their duties and functions in the implementation of the provisions of this Act, unless their actions are found to be in willful violation of this Act, or performed in bad faith or with gross negligence.

CHAPTER VI
FINAL PROVISIONS

Section 30. Transitory Clause. - Existing franchises, certificates, and authorizations affected by relevant provisions of this Act shall be treated as follows:

Section 31. Implementing Rules and Regulations. - Within ninety (90) days from the effectivity of this Act, the DICT, in coordination with the NTC, the PCC, the DPWH, the DOTr, the DILG and the Department of Economy, Planning and Development (DEPDev), and upon consultation with relevant stakeholders, shall promulgate the necessary rules and regulations for the effective implementation of this Act.

Section 32. Joint Congressional Oversight Committee on Open Access in Data Transmission. - There shall be created a Joint Congressional Oversight Committee on Open Access in Data Transmission (JCOCOADT) which shall monitor and ensure the effective implementation of this Act.

The JCOCOADT shall be composed of five (5) members from the Senate and five (5) members from the House of Representatives, including the Chairperson of the Senate Committee on Science and Technology and the Chairperson of the House of Representatives Committee on Information and Communications Technology: Provided, That two (2) members from each chamber shall come from the minority.

The Chairperson of the Senate Committee on Science and Technology and the Chairperson of the House of Representatives Committee on Information and Communications Technology shall act as co-Chairperson of the JCOCOADT.

The ranking minority members nominated by both the Senate and the House of Representatives shall act as co-Vice Chairpersons. The Secretariat personnel of the Committee on Science and Technology of the Senate and the Committee on Information and Communications Technology of the House of Representatives, The JCOCOADT shall have its own independent counsel.

The JCOCOADT shall exist for a period not exceeding five (5) years from the effectivity of this Act. Thereafter, its oversight functions shall be exercised by the Senate Committee on Science and Technology and the House of Representatives Committee on Information and Communication Technology, acting separately.

Section 33. Separability Clause. - If any provision of this Act is declared unconstitutional, the remainder thereof not otherwise affected shall remain in full force and effect.

Section 34. Repealing Clause. - Section 1 of Act No. 3846 or the "Radio Control Act", and Section 7, the first sentence of the first paragraph of Section 11, the first paragraph of Section 16, and Section 23 of Republic Act No. 7925, insofar as they apply to DTIPs, are hereby expressly repealed. All other laws, presidential decrees, executive orders, letters of instruction, proclamations, or administrative regulations that are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 35. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

This Act, which is a consolidation of Senate Bill No. 2699 and House Bill No. 6, was passed by the Senate of the Philippines and the House of Representatives on June 9, 2025.

Approved: Lapsed into law on AUG 24 2025 without the signature of the President in accordance with Article VI Section 27 (1) of the Constitution.

FERDINAND ROMUALDEZ MARCOS JR.
President of the Philippines