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“The State of the Philippine Telecommunications Service” Sec. Rodolfo A. Salalima, DICT March 9, 2017 The theme of our 2-day summit, which starts today, is: “The State of the Philippine Telecommunications Service”. Central to this theme is public service and the rights of the consumers, to include the public, business and government itself, to a reliable, affordable and efficient telecommunications service, to include the internet, and broadcasting, the latter also classified as telecommunication in International law. Let me therefore begin by citing the bases of every man’s right to public service, of which “telecommunication”, the service, is. First: The Universal Declaration of Human Rights, Resolution 217A Article (III) adopted by the UN General Assembly in December 1948, in Article 21 (par. 2) provides: “Everyone has the right of equal access to public service in his country.” Telecommunications, collectively, is public service. Second: The UN Council on Human Rights Resolution of 2012 which declared that the right to (tele) communicate, an extension of the wider freedom of speech or expression, is a basic human right. And there are 2 basic components of this human right. One, the right of every

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“The State of the Philippine Telecommunications Service” Sec. Rodolfo A. Salalima, DICT

March 9, 2017

The theme of our 2-day summit, which starts today, is: “The State

of the Philippine Telecommunications Service”. Central to this theme

is public service and the rights of the consumers, to include the public,

business and government itself, to a reliable, affordable and efficient

telecommunications service, to include the internet, and broadcasting, the

latter also classified as telecommunication in International law.

Let me therefore begin by citing the bases of every man’s right to

public service, of which “telecommunication”, the service, is.

First: The Universal Declaration of Human Rights, Resolution

217A Article (III) adopted by the UN General Assembly in December

1948, in Article 21 (par. 2) provides: “Everyone has the right of equal

access to public service in his country.” Telecommunications,

collectively, is public service.

Second: The UN Council on Human Rights Resolution of 2012

which declared that the right to (tele) communicate, an extension of the

wider freedom of speech or expression, is a basic human right. And

there are 2 basic components of this human right. One, the right of every

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man to avail of the service; Two, the right of every man to have access to

the equipment or means with which to avail of the telecom service. Each

is incomplete and useless without the other complementary right.

Third: Our Phillippine Constitution. Apart from the age-old

freedom of expression enshrined in our Bill of Rights, Section l0 of the

General Provisions thereof (the Braid provision institutionalized in the

1987 Constitution) provides: “The State shall provide the policy

environment for the full development of Filipino capability and the

emergence of communication structures suitable to the needs and

aspirations of the nation and the balanced flow of information into, out

of, and across the country, in accordance with a policy that respects the

freedom of speech and of the press.”

Fourth: The Department of Information and Communications

Technology (DICT), under R.A. 10844 which took effect in June 2016, is

mandated to improve public access to telecommunication and to build

information structures as means to capacity building for industry and

countryside developments, particularly in areas unreached or underserved

by the public telecommunication entities (PTE).

Towards nation-building, studies have shown that every 10%

increase in broadband penetration boosts gross domestic product (GDP)

by an average of 1.3 %; and every 10 % increase on mobile telephone

density results in about 0.7 % in GDP.

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Fifth: In January 2011, the ASEAN ICT Masterplan 2015 was

launched, and whose 4 key outcomes or objectives are:

1.! To institutionalize ICT as an engine of growth for the ASEAN

region;

2.! The recognition of ASEAN as a global ICT hub;

3.! Enhanced quality of life for the people of ASEAN (no doubt as

a consequence of objectives 1 and 2);

4.! Contributions (of each member States) towards ASEAN

integration.

All this, plus our consumers’ serious concerns on the state of our

telecommunication service, were more than enough compelling reasons

for me to initiate, and thus I called, for the convening of this Telecoms

Summit 2017.

The DICT thus invited the major stakeholders, particularly the

consumer sector, the private telcos and the regulator NTC, each to talk

about our current telecommunication service, with emphasis on 3 aspects

of the service: the efficiency and speed of telecommunication (internet

and mobile), their cost or affordability, and their coverage and

accessibility.

Make no mistake about all this: I want us, particularly the 3 major

stakeholders, to discuss all-out and without inhibitions their concerns,

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their problems, or challenges during this Summit, otherwise, effective

solutions to these concerns cannot be found.

For us to address the concerns of the consumers, we, together, must

also help solve the challenges or problems of the telcos, the service

providers, and the regulator. Because the problem of one, if left unsolved,

is also the problem of the rest.

Faultfinding, blaming is neither the name of the game nor will it

solve our concerns. Objective problem identification and giving solutions

thereto are. Critique clearly and fairly the other’s shortcomings with an

open mind and with the sole purpose of helping. More, to criticize means

one knows the problem. As the German pragmatic philosopher

Wittgenstein said: Whereof one cannot speak (knowingly), therefore, one

must be silent. Therefore, he who critiques must also suggest solutions,

with timelines, to the problem.

Knowing the problem is already half of the solution. Solutions

without timelines or deadlines are no solutions at all.

This summit is a no holds barred summit. Let everybody critique

each other’s shortcomings in a manner constructive. Be angry, if you

may, but be not MAD. Raise your voice to drive home your point, but do

not shout, particularly at persons. Disagree without being disagreeable.

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Above all, be civil and civilized – because that is the hallmark

of the greater man. Be frank yet be polite. After all, there is ethics in

every social discourse.

On the part of DICT, let it be said that the blueprint of our

country’s National Broadband Plan (NBP) has been filed with the Office

of the President for his approval so DICT may start implementing the

project. Last Monday, 3 days ago, it was approved by the President

during our Cabinet meeting.

Why the National Broadband Plan for the country?

BECAUSE: (read separate paper)

Second, on my order, the NTC caused to be published in the

Philippine Star (issue of February 12, 2017), all the mobile frequencies

assigned, unassigned and still available, assigned but unsused, assigned

but with spectrum user’s fee unpaid.

And let this be a fair warning. To all the assignees of frequencies

unused or whose SUF are unpaid, I had ordered the NTC to start all

quasi-judicial proceedings for the recovery and return of those

frequencies unused and with frequencies unpaid to our government for re-

assignment to legitimate telcos who will and must use these frequencies

for public service. Rights, in this case, mere privileges granted to telcos,

if abused, cannot supplant the overriding public good, and the police

power of the State and the swift exercise thereof. But due process will be

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punctiliously observed. The frequencies are owned by and belong to the

State as “national patrimony”. Enough of frequency hoarding or

warehousing for purely financial speculative gains. Radio frequencies

must be assigned solely and only for public use. No use, no payment of

SUF? Then the State takes these frequencies back and fast.

Next to be published will be the broadcast frequencies, complete

with details. As will be done with the mobile frequencies, so also idle or

unpaid for broadcast frequencies must be recovered and returned back to

the State. ENOUGH is ENOUGH!

The DICT will also propose during the summit:

(a)!a draft Executive Order, for the President’s approval and

signature, for the purpose of fasttracking and expediting

the permits and licensing of public service applications

pending or will be filed with the LGU’s, to include other

agencies of government;

(b)! MOUs of cooperation between and amongst the

Departments and agencies of government designed at

expediting and improving public services in the country.

(c)!Letters to the LGUs, personally signed by the Secretary

of the DICT, and copy furnished the Office of the

President, the DILG, the Leagues of various local

government units and other enforcing agencies of

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government mandating the LGUs to fasttrack telcos’

permits and licenses for public services, will be sent to

uncooperative LGUs.

After the summit, a Telecommunication Task Force will be

formed by DICT, representing all relevant stakeholders whose purpose is

to discuss, find and recommend solutions and help in improving

telecommunication services for national growth and well-being.

Competition

Do we need more competition in the telecom industry in our

country? Yes, the soonest the best for the consumers in terms of better

service, greater coverage and more affordable pricings.

Since March 1995 when the New Telecoms Policy Act (R.A. 7925)

took effect, the Philippines has been and is open to a third and a fourth

telco player, and more as needed because the very purpose of that law

authored by Senator Sonny Osmeña is to de-regulate and demonopolize

the telecom industry.

If any local franchisee wants to be the third or fourth operator of

consequence in this country, bring in a foreign partner with the legal,

technical and financial credibility and capacity to mount a credible and

effective competition against the existing telcos.

Frequencies will be assigned on a “show-need basis”. Enough

frequencies will be reserved for legitimate operators and assigned to them

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from time to time upon showing of need and demand for these

frequencies.

To prospective operators, just file your applications for

authorizations (CPCN or CPC) with the National Telecommunication

Commission.

I welcome you. This government welcomes you with open arms.

You are most welcome in the service of the Filipino.

TO THE CONSUMERS

On the fixing of rates of telecommunication and broadcast services

and the affordability of these rates, there is always a quasi-judicial

process required by law in rate-fixing consisting of prior notice and

hearing. To the consumers, be vigilant, participate actively in these

processes so your voice will be heard. Do not sleep on your rights, if you

do, your forfeit every right to complain much later when issues had

already been mooted and decisions thereon rendered final aid executory

against relevant complaints. Never cry because of spilled milk.

PUBLIC SERVICE CANNOT WAIT. IT MUST NOT BE

DELAYED.

At the close of this summit, I expect us to arrive at national

agreements and consensus on telecommunication solutions towards an

improved public service and national growth.

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CONCLUSION:

Martin Luther King, Jr., a great American, a universal man and

leader of the coloured people of America, in one of his great speeches

that changed the world, said and I paraphrase: The trouble in this universe

starts when we choose to remain silent on things that matter.

For so long, Us Filipinos not only have remained silent on things

that matter most to our Nation.

Worse, we, hopelessly, are too noisy on things that do not matter

and worst, we are divided on things that matter most to our country and

people.

On August 28, 1963, on the footsteps of Lincoln Memorial in

Washington, DC, the same Martin Luther King, Jr. delivered one of the

most memorable speeches of the 20th century-- his” I Have A Dream”

oration which moved people of all colours of America and the world

when he spoke of his unshakeable dream that some day his coloured

people will be judged not by the colour of their skin but by the intrinsic

merit of their character.

I, too, have a dream. And today I share to you all that dream, which

may just as well be our legacy to those generations, our blood relations

that will come after us. Dream of and visualize this economy for our

Nation one day:

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“An enlightened economy, xxx that has access to equality

information and communications, is able to make calculated decisions,

has a clear analysis of current environments in order to project future

markets, and enjoy better work and living conditions. (Because)

economies that do not have sufficient information and adequate

communication channels are unable to acquire the relevant knowledge or

connect to resources that could facilitate technology or knowledge

transfer. Such economies will be exposed to low productivity, poor

quality of goods and services, have no competitive advantage compared

to the rest of the world, and eventually end up marginalized and left

behind. Information and communications technology, the enabler of

telecommunication service is to the knowledge-based 21st century what

electricity was to the Industrial Age.”

Think New ASEAN By Philip Kotler, et al. pp.21-22

We need to establish a Nation of and for our children.

In the end, I appeal to all of you:

Pray for all of us, for enlightenment and guidance that during this

2-day summit and because of our diversities that does not divide but

instead enrich, unite, and complete all us, we will see through our

problems and concerns and, thus, arrive at a national consensus and

solutions for our Nation’s well-being and growth.

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Life, your life and my life, like the light, is best when we share its

warmth and brilliance to our people and their homes. Moreso, when we

lead a life of public service.

Remember this:

In public life, we must never regret of things which we

SHOULD NOT DO, and therefore we cannot and must not do.

Rather, we must regret everytime of all things which we SHOULD

HAVE DONE but we did not.

Let us all work and solve our common problems in the service of

the Filipino.

Good day. God bless us all!