An Act Promoting Open Access In Data Transmission, Providing Additional Powers To The National Telecommunications Commission (NTC), And For Other Purposes

• As this age transitions to a more decentralized, distributed and redundant data transmission regime, it is necessary to create a more relevant regulatory environment that will govern and focus on the Internet and data transmission services.
• This bill removes the requirement for a Congressional franchise and Certificate of Public Convenience and Necessity (CPCN)/Provisional Authority (PA), except for international cable landing stations and national backbone network operators. The franchise and CPCN/PA will still apply to a network operator that installs and operates infrastructure on a nationwide scale, such as landing stations and backbone networks, which are considered “nationally significant” such that when these networks are compromised, the whole country is affected and may lose connectivity with the rest of the world.
• The NTC shall put in place a set of criteria for the qualification of data transmission industry participants, which are in accordance with the provisions of the bill, and which shall take into consideration national security concerns, especially for facilities handling data traffic direct from another country’s domestic network, such as a cable landing station.
• This bill also aims to adopt an open access model for regulating the data transmission industry, which promotes the following:
• Efficient and speedy authorization and registration of industry players;
• Technology-neutral framework;
• Fair and open competition;
• Mandated interconnection;
• Mandated transparency in pricing;
• Transparent and equitable spectrum management framework; and
• Infrastructure sharing and co-location.