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NATIONAL BROADBAND PLANP O L I C Y A N D R E G U L A T I O N
DIGITAL GOVERNANCE INITIATIVESCitystate Asturias Hotel, Puerto Princesa City
21 November 2019
ENGR. DOMINADOR C. GARABILESPlans and Policy Development Division
Make use of the computer. I do not want to see people lining up under the heat of the sun. I do not want people lining up under the rain.
I have also ordered the newly created DICT to develop a National Broadband Plan (NBP) to accelerate the deployment of fiber optics cables and wireless technologies to improve internet speed.
President’s Directive In Improving PH Internet
We view Information and Communications Technology or ICT as an effective medium to implement positive and meaningful changesin our society.
To this end, my Cabinet approved the National Broadband Plan of 2017 to begin the work of bringing affordable internet access to every community and improving broadband connectivity in the country.
State of the Nation Address 2016
State of the Nation Address 2017
What is National Broadband Plan?
Provides strategies and initiatives to address gaps in the broadband
environment particularly on accessibility, affordability and
quality of broadband services, and existing policy and regulatory issues
Lays down approaches in investing in networks as well as engaging the public and private
stakeholders
Plans Major Strategies
NBP will focus on the implementation of the following strategies to
achieve universal, faster and affordable
internet access: Institute Policy and Regulatory
Reforms
GovernmentInvestment in
BroadbandInfostructure
Support on theStimulation of
BroadbandDemand
NBP Major Strategies
5
Strategy#1: Institute Policy and Regulatory ReformsTo support the foregoing policy and regulatory amendments/reforms, government
shall pursue the following initiatives:
Open Access and Peering Policy
Issuance to Streamline and Harmonize Broadband-related Permits, Fees and Processes
Universal Access Fund
Dig Once Policy
Guidelines for Infostructure Sharing
6
Strategy #2: Government Investment in Broadband Infostructure
NBP components projects for implementation or study include:
• PHASE 1: Light up fiber on national
electrical transmission system
• PHASE 2: Construct domestic submarine
fiber to connect Luzon-Visayas and
Visayas-Mindanao
• PHASE 3: Completion of national fiber
backbone with multiple loops
COMPONENT 1: NATIONAL FIBER BACKBONE COMPONENT 2: INTERNATIONAL CABLE
LANDING STATION/S
COMPONENT 3: ACCELERATED TOWER BUILD
(Tower-Sharing)
COMPONENT 4: ACCELERATED FIBER BUILD
(FTTx/Access/Last Mile)
COMPONENT 5: SATELLITE OVERLAY
(Access)
NBP Major Strategies
7
Strategy #3: Supporting the Stimulation of Broadband Demand
To sustain the momentum of “push” measures, the government will establish
necessary “pull” measures to stimulate demand and eventually, increase
broadband take-up rate.
Local Content Development and Promotion
Conduct of Capacity Building and Information Outreach Programs
Introduction of Incentives to Broadband Users
NBP Major Strategies
Issues on Broadband Development
8
• Broadband coverage is concentrated in the urbanized parts of the
country
• Slow and expensive broadband internet access
• Laws, policies and regulations governing ICT and telecommunications
are no longer responsive
• Telecommunications permitting, processes and fees at the local
government unit level are not harmonized
• Lack of national standard for fiber and antenna deployment in
buildings
• Most of the investments in broadband infrastructure are mainly
driven by the private sector
• Most of the contents and applications are sourced out abroad
NBP Policy Recommendation
Open Access Policy
• Allow players access to essential facilities of existing national backbone network operators on a transparent and non-discriminatory basis
• Lessen obstacles in broadband rollout thus, it lower construction cost
• Maximize use of government network and partner with other Department to allow fiber rollout along existing railroads and access roads
1
Peering Policy2• Mandate all players to connect with each other and government to designate a
National Peering facility and instances where any players can
NBP Policy Recommendation
Standards for fiber deployment inResidential and Commercial areas
• Issue a circular for the adoption of standards, contained in an updated Philippine Electrical and Electronics Code, for future rollouts
• Institutionalize building specification ratings for broadband
3
Streamline permits and processes at the LGU level4• Establish a one-stop-shop offline and online facilities
• Review of existing permits and licenses that are secured from the national and local government units
NBP Policy Recommendation
Establish Universal Access and Service Fund
• Develop shared community networks in countryside
• Stimulate growth, address growing need for a digitally enabled workforce
5
Develop guidelines for Infostructure Sharing6• Systems interconnection and integration models and standards
• Construction of ready-made conduits, poles, as well as laying down dark fiber, through public-private partnerships (PPPs) or other investment models to fill the gaps on the existing infostructure
NBP Policy Recommendation
Institutionalize “Dig Once” Policy
• Minimize road disruptions and enhance cost-efficiencies
• Require utility service providers and government agencies to synchronize deployment of infostructures
7
Use existing infrastructure of utility companies8• Consider using the existing facilities like roads, electricity poles and
others to further minimize costs associated with civil works
NBP Policy Recommendation
Optimization of spectrum utilization
• Repurposing or recall of assigned but unutilized and underutilized spectrum.
• Encourage co-use of spectrum through market liberalization and allow new market players
• Implement dynamic spectrum allocation, allowing different devices to share a given spectrum
9
Leveraging use of satellite andemerging wireless technologies10
• Deployment of satellite receivers to cater broadband services in providing Internet service in the geographically isolated areas and the countryside.
• Adoption of TV White Space frequencies using the freed-up frequencies due to digital TV migration.
NBP Policy Recommendation
Promote use and production oflocal content and applications
• Provide necessary policy and regulatory interventions to develop favorable environments for content and application
11
Build Capacity12• Establish regional telecommunications and ICT training institutes equipped
with state-of-the-art facilities to enhance the development and adoption of the use cases of these technologies
Encourage Communities of Practiceand promote technology use in countryside13
• Develop a rural technology roadmap, which will outline trends evolving in the ICT landscape and help in adoption of new and emerging technologies
NBP Policy Recommendation
Incentive to broadband users
• Create access to device scheme to help marginalized sectors gain access to a device on a conditional basis, can be integrated with DSWD’s social development programs and DepEd’s online learning program
14
Strengthen the monitoring of broadband performance15
• Create a comprehensive quality of service experience (QoSE) framework to provide guidelines for standards, compliance, periodic performance submissions, and penalties.
Bills Filed in the 18th
Congress/ Draft Policy Prepared
Salient Provisions of the Bills Status NBP Strategy
AN ACT AMENDINGCOMMONWEALTH ACT NO. 146 OTHERWISE KNOWN AS THE PUBLIC SERVICE LAW
(House Bill Nos. 78, 301, 346, 403, 540, 1781, 4086, 4105, 4167, 4319 and Senate Bill Nos. 13, 318, 419, 531)
a. Transfers the function of the Public Service Commission to various administrative agencies
b. Provides a definition for public service, which often used as a proxy for public utility in reference to the 1987 Constitution
c. Grants administrative agencies to establish and enforce a methodology for setting rates taking into account all relevant considerations, including the efficiency of the regulated service
d. Provides applicable penalties and fees for public services
House Bill Nos. 301, 346, 403, 540, 1781, and 4167 will be consolidated in to House Bill No. 78; House Bill No.78 (Mother Bill) is still an Unfinished Business (Period of Interpellation)
House Bill Nos. 4086, 4105 and 4319 is still pending with the House Committee on Economic Affairs since 3rd Quarter 2019
Senate Bill Nos. 13, 318, 419 and 531 is also pending in the Senate Committee on Public Services since 3rd Quarter 2019
2.1.1 Review and Develop Laws, Policies, And Regulations
-Amend Laws, Policies and Regulatory Issuances that Govern Telecommunications and ICT
Bills Filed in the 18th
Congress/ Draft Policy Prepared
Salient Provisions of the Bills Status NBP Strategy
AN ACT STRENGTHENINGTHE POWERS OF THE NTC, AMENDING FOR THE PURPOSED OF REPUBLIC ACT NO. 7925, OTHERWISE KNOWN AS THE PUBLIC TELECOMMUNICATIONS POLICY ACT OF THE PHILIPPINES
(House Bill Nos. 62, 3563, and 4110)
a. Adds significant market power in the list of Definitions and Interpretations
b. Grants NTC power to impose hefty fines for the erring PTEs
c. Provides NTC a power over PTEs with significant market power
d. Local Exchange Requirement for International Carriers and Mobile Radio Services are lifted
e. Mandates NTC to consult with DICT and PCC in issuing guiding principles and policy direction for the use of the spectrum
f. Access Charge/Revenue sharing arrangements for all interconnecting carriers needs the NTCs review and approval
g. Adds reportorial requirement for all PTEs
House Bill Nos. 62, 3563 and 4110 is still pending with the House Committee on Economic Affairs since 3rd Quarter 2019
2.1.1 Review and Develop Laws, Policies, And Regulations
-Amend Laws, Policies and Regulatory Issuances that Govern Telecommunications and ICT
Bills Filed in the 18th
Congress/ Draft Policy Prepared
Salient Provisions of the Bills Status NBP Strategy
AN ACT PROMOTING OPEN ACCESS IN DATA TRANSMISSION, PROVIDING ADDITIONAL POWERS TO THE NATIONAL TELECOMMUNICATIONS COMMISSION
(House Bill Nos. 57, 4109 and Senate Bill Nos. 45 and 911)
a. Lowers regulatory barriers and costs of entry for market players offering internet service by removing Congressional franchise and NTC provisional authority requirements
b. Allows fair and open competition in all network segments—from international connectivity to the last mile
c. Defines NTC’s powers and functions in data services (spectrum assignment, interconnection, performance standards, net neutrality)
d. Identifies prohibited acts and corresponding penalties
e. Provides for rights of data service users and responsibilities of providers
House Bill Nos. 57 and 4109 are still pending with the House Committee on Information and Communications Technology since 3rd Quarter 2019;
Senate Bill Nos. 45 and 911 are still pending with the Senate Committee on Science and Technology since 3rd Quarter 2019
- Issue Open Access and Peering Policy Frameworks
Bills Filed in the 18th
Congress/ Draft Policy Prepared
Salient Provisions of the Bills Status NBP Strategy
AN ACT PROVIDING FOR THE TELECOMMUNICATIONS TECHNOLOGY READINESS OF BUILDINGS AND STRUCTURES, AMENDING CERTAIN SECTIONS OF PRESIDENTIAL DECREE 1091, OTHERWISE KNOWN AS THE NATIONAL BUILDING CODE
(House Bill No. 364)
a. Mandates the presence of telecommunications facilities such as in-building solutions and fiber optic cabling for high capacity and highs speed requirements in multi-dwelling buildings, commercial buildings, government and office buildings, public and private schools , and government and private hospitals.
House Bill No. 364 is still pending with the House Committee on Public Works and Highways since July 2019
- Adopt Standards for Fiber Deployment in Residential and Commercial Areas
2.1.2 Institutionalize Building Specification Ratings for Broadband
Bills Filed in the 18th
Congress/ Draft Policy Prepared
Salient Provisions of the Bills Status NBP Strategy
Republic Act No. 11032 and Its IRR
a. Section 15 (Interconnectivity Infrastructure Development) provided timelines for the processing and issuance of licenses, clearances, permits, certifications or authorizations in the Community, barangay, LGU, and NGA-level.
b. Section 2, Rule X of the IRR further provides rules on granting ‘deemed approved’ status to all applications when the granting authority or officer of an agency fails to approve or disapprove such application
c. Both Section 15 and Section 3, Rule X of the IRR mandates the ARTA and DICT to review and repeal outdated, redundant, and unnecessary licenses, clearances, permits, certifications, or authorizations
d. Section 4, Rule of the IRR stipulates that the DICT shall issue the technical standards and operating guidelines to ensure that appropriate equipment, connectivity, and ICT platform are established
Republic Act No. 11032 and Its IRR is already issued
2.1.3 Harmonize Broadband-related Permits, Fees and Processes
Bills Filed in the 18th
Congress/ Draft Policy Prepared
Salient Provisions of the Bills Status NBP Strategy
Draft Common Tower Policy Proposed provisions are as follows:
a. Qualification Criteria
b. Ownership and Shareholding Limits
c. Licensing Regime
d. Incentives
e. Facilitation of Processing and Issuance of Permits, Licenses, and Authorizations
f. Mediation and Dispute Resolution
g. Technical and Safety Standards
Sec. Gregorio Honasan II revived the plans of the Department in coming up with a Common Tower Policy during the Stakeholders’ Meeting last 7 August 2019, to ensure sustainability and predictability in the telecommunications tower industry; Plans to release a draft of the policy on October 2019
2.2.2 Facilitate InfostructureSharing
2.2.3 Leverage Existing Government Infrastructure Assets
Bills Filed in the 18th
Congress/ Draft Policy Prepared
Salient Provisions of the Bills Status NBP Strategy
POLE ATTACHMENTS ACT
(House Bill Nos. 412, 2338, 3825 and 4665)
a. Provides for the regulation to use utility poles, related support structures, and rights of way for the transmission of cable television or telecommunications signals, as well as the rates, terms, and conditions for pole attachments
b. Adopts non-discriminatory access principle to pole facilities
House Bill Nos. 412, 2338, 3825 and 4665 is still pending with the House Committee on Information and Communications Technology since 3rd Quarter 2019
2.2.4 Use the Existing Infrastructure of Utility Companies
Bills Filed in the 18th
Congress/ Draft Policy Prepared
Salient Provisions of the Bills Status NBP Strategy
PHILIPPINE SPECTRUM MANAGEMENT ACT
(House Bill No. 299 and Senate Bill No. 793)
a. Institutionalizes Radio Frequency Consultative Committee (RFCC)
b. Development of Spectrum Management Plan
c. Prohibits Licensee to Sell, Lease, Transfer, Usufruct and Assignment of License to another entity
d. Provides policy for Mergers and Acquisitions
e. Provides standards for spectrum caps
f. Policy on the auction, allocation, assignment, re-assignment of spectrum
g. Sets a policy basis on spectrum user’s fees (SUF) determination
h. Provides Obligation of a Spectrum Licensee
House Bill No. 299 is still pending with the House Committee on Information and Communications Technology since July 2019;
Senate Bill No. 793 is still pending with the Senate Committee on Public Services
2.3.1 Optimize Spectrum Utilization
• Repurposing or Recall of Assigned but Unutilized and Underutilized Spectrum
• Encourage Co-use of Spectrum
• Implement dynamic spectrum allocation
Thank [email protected]