Konektadong Pinoy and Internet changes

Konektadong Pinoy and Internet changes | Daily Tribune

The Konektadong Pinoy Act, along with its newly signed implementing rules and regulations (IRR), is the government’s attempt to tackle the country’s problem with data connectivity by setting out a plan for better and more affordable data and internet services nationwide.

At the core of the law is a simple idea: open up the market so more players can build and run networks. All parts of the data transmission network, from international cables down to the “last mile,” are declared competitive and open. Companies that qualify as data transmission industry participants (DTIP) can put up or lease their own networks without the need for a congressional franchise. Instead, DTIPs must register with the National Telecommunications Commission (NTC).

The IRR orders the NTC to use a fast administrative process with clear eligibility criteria and checklists. It also creates a “Green Lane,” which is a special and simplified track with lighter documentary requirements and lower fees for micro and community-based providers serving rural, unserved, and underserved areas. This will make it easier for cooperatives, small ISPs, and LGU-backed projects to get off the ground.

The law also pushes the government to actively court investments. The Department of Information and Communications Technology (DICT) is tasked to map unserved and underserved areas, give priority to communities near schools, and coordinate with the BoI, PEZA, FIRB, and LGUs so investors can enjoy fiscal incentives when they build in those places.

For ordinary users, the most concrete change should come from new performance standards.

The law requires the NTC to set minimum benchmarks for all DTIPs and to review them regularly so they are at par with regional and international levels. The IRR requires the NTC to publish these standards within two months of their effectivity, and providers have six months to comply. DTIPs must also report major outages within 24 hours, and chronic underperformance can lead to penalties or even loss of registration.

Another big thing is infrastructure sharing. Instead of each player building their own towers, ducts, and dark fiber, the law nudges the market toward co-location and shared facilities on fair, reasonable, and non-discriminatory terms. Owners of towers, poles, fiber cables, and similar facilities are generally required to allow other providers to rent or share these structures on fair terms, subject to space and safety limits.

If a big player refuses access without a valid technical or safety reason, smaller providers may bring the dispute to the NTC or to mediation. On the other hand, government-owned passive infrastructure is, as a rule, to be opened for use by DTIPs. These should reduce duplicated digging, speed up roll-out, and ultimately lower costs.

The IRR also allows DTIPs to connect directly to satellite systems without having to rent capacity and to use satellite spectrum as part of their broadband network, subject to spectrum rules. For far-flung islands and mountain barangays, that could mean finally getting a decent connection without waiting for fiber.

All of this sits on top of stricter rules on security and accountability. DTIPs must adopt global best practices on cybersecurity and, within two years of registration, secure third-party certification based on ISO standards or other minimum benchmarks. They must also comply with laws on privacy, cybercrime, online safety, and anti-terrorism, including the Data Privacy Act and the Cybercrime Prevention Act, when they handle user data and content.

Finally, the NTC and DICT must maintain a public registry of DTIPs, showing where they operate, their regulatory status, and whether they have valid cybersecurity certification and customer service channels. Rates and historical prices must be reported and consolidated, and spectrum allocations and assignments must be published online. Ideally, consumers should be able to see which providers operate in their barangay and compare them on coverage and reliability.

None of these rules will magically fix one’s connection overnight. But together, the Konektadong Pinoy Act and its IRR will lower barriers so more players can enter the market, push infrastructure toward far-flung communities, and make service standards and responsibilities clearer for everyone.

If properly implemented and enforced, this will bring us closer to a future where every Filipino can be a “Konektadong Pinoy.”

For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cad@divinalaw.com.