Predatory rules threaten law

Moves to undermine the gains from the newly enacted Konektadong Pinoy Act are ongoing, warned Senator Imee R. Marcos, who cautioned the National Telecommunications Commission (NTC) against issuing implementing rules that counter the law’s objectives.

The implementation of the law hinges on the release of implementing rules and regulations (IRR).

As the principal author of the law, Marcos said the draft rules appear to run counter to the statute’s core objective of expanding reliable and affordable internet connectivity across the country. 

Instead of lowering barriers to entry and fostering competition, she noted that the proposed IRR appears to revive the restrictive practices the law seeks to dismantle.

Marcos flagged provisions imposing high capital and bond requirements, particularly for small and community-based internet service providers, saying these could stifle competition and favor large telecommunications companies. 

She also raised concerns over clauses granting the NTC broad discretionary authority to disqualify applicants without clearly defined standards.

The senator further criticized the draft rule prohibiting online filing and requiring paper submissions, calling it inconsistent with the government’s digitalization agenda and with existing Supreme Court directives encouraging electronic transactions.

Marcos urged the NTC to ensure that its implementing rules strictly adhere to the Konektadong Pinoy Act, promote transparency in spectrum allocation, and establish a regulatory framework that is fair, efficient, and supportive of wider connectivity.

“The law is clear,” Marcos said. “Connectivity should expand, competition should flourish, and regulation should serve the public.”