Free Internet Access in Public Places Act

Case Overview and Summary

Summary of Republic Act No. 10929 (Free Internet Access in Public Places Act)

Declaration of Policy (Section 2):
- The State recognizes the vital role of information and communications technology in nation-building.
- It aims to promote an environment for developing structures that ensure availability and accessibility to reliable and secure internet access.
- It shall establish a program to provide free internet access in public places to promote knowledge-building and enable citizens to participate in the information age.

Free Public Internet Access Program (Section 3):
- No fees shall be collected from users to connect to public internet access points.
- The free internet service shall be separate from internet services used for government systems.
- Technical solutions that limit or restrict access shall only be employed when there is a clear technical risk, prioritizing solutions that maintain ease of access.

Coverage of the Program (Section 4):
- Public places covered include: national and local government offices, public schools, state universities and TESDA institutions, public hospitals and health centers, public parks and libraries, public airports and seaports, and public transport terminals.
- The program shall be available in areas within these public places where maximum use and access are ensured, such as computer labs, lobbies, and assembly points.
- The DICT shall set standards and qualifications for determining which public places shall be included and prioritized.

Lead Implementing Agency (Section 5):
- The DICT shall be the lead implementing agency.
- Within one year, the DICT shall develop a comprehensive plan for implementation and propagation of the program (Section 5a).
- The DICT shall coordinate with agencies, LGUs, and private sector to integrate the plan (Section 5b).
- The DICT shall prescribe policies, regulations, and coordinate implementation (Section 5c).
- The DICT can enter into contracts for implementation (Section 5d).
- The DICT can arrange funding from various sources (Section 5e).
- The DICT shall ensure a minimum internet speed of 2 Mbps per user or as prescribed by the National Broadband Plan, whichever is higher (Section 5f).
- The DICT shall undertake creation, establishment, installation, maintenance, and operation of infrastructure, equipment, systems, and other requirements (Section 5g).
- The DICT shall train personnel and institute accounting and fiscal practices (Section 5h).
- The DICT shall prescribe regulations or subscribe to acceptable standards for installation, construction, maintenance, and operation (Section 5i).

Public-Private Participation (Section 6):
- The DICT may partner with the private sector for efficient and cost-effective delivery of the program.
- Private partners may offer supplemental internet access service for a reasonable fee to users in areas where Program facilities are located, after registering with the NTC as value-added service providers.
- Private service providers are encouraged to exchange data traffic at domestic IP exchanges designated by the DICT to lower costs and improve free internet access.
- ISPs shall be allowed to acquire and utilize internet connectivity directly from satellites and other emerging technologies, considered as value-added services.

Exclusivity Arrangements (Section 7):
- Unfair competition methods and exclusivity arrangements favoring a single telecommunications entity shall be prohibited to promote free and unrestricted access.
- The DICT, in coordination with the PCC, shall issue rules and guidelines to enforce this provision, and violators shall be subject to administrative penalties.

Use of Available or Unassigned Spectrum (Section 8):
- The DICT, in coordination with the NTC, shall be assigned frequencies required for the Program, without causing interference to other operators or hindering development of authorized services.
- Use of available or unassigned spectrum may be granted to other agencies and private entities under transparent, fair, reasonable, and non-discriminatory terms and conditions specified by the DICT, NTC, and PCC after public consultations.
- Within one year, the DICT, in consultation with the NTC and PCC, shall issue guiding principles and policy direction for open and shared use of spectrum for the Program.

Data Collection and Monitoring (Section 9):
- Within one year, the NTC shall issue rules on minimum standards for quality of service, including download speed, latency, packet loss, and jitter for public free internet service, not lower than standards for retail basic internet services.
- The DICT shall periodically collect, update, and publish information on cost, performance, service quality, and compliance with minimum standards.
- The DICT shall impose penalties on ISPs that do not comply with minimum standards and agreed quality of service.
- The government shall respect the privacy of users and shall not engage in collection, use, or disclosure of user data, in accordance with the Data Privacy Act of 2012.

Prohibition on Access to Pornography (Section 10):
- Access to pornographic websites shall be prohibited under the Program.

Protection of Children (Section 11):
- The DICT, in coordination with the Inter-Agency Council against Child Pornography and in consultation with telecommunications companies and civil society organizations, shall develop standards and mechanisms for the protection of children online, consistent with existing laws on the rights and protection of children.

Public Safety Warning (Section 12):
- The DICT and telecommunications companies shall ensure that facilities such as relay stations, repeaters, boosters, and telecommunication towers shall bear appropriate warning signage when close and constant contact may be harmful or hazardous.

Private Property Ownership (Section 13):
- The right to private property shall be respected in the implementation of the Program.
- The DICT shall ensure necessary public consultations are held with affected parties, such as homeowners and homeowners associations, NGOs, people's organizations, and LGUs, before implementing the Program in their jurisdiction, conforming to the Magna Carta for Homeowners and Homeowners' Associations and the Local Government Code of 1991.

Role of National Government Agencies and Local Government Units (Section 14):
- NGAs and LGUs shall coordinate with the DICT and DILG in streamlining application, renewal, and approval of permits and certificates, and regulation, standardization, and implementation of fees.
- They shall facilitate access of telecommunications companies to government properties and facilities for deployment and temporary storage of equipment.
- They shall align or enroll their respective programs providing free internet access with the Program.
- They shall ensure the security of installed equipment.
- They shall assign a designated personnel as site coordinator as needed.

Permitting and Certification (Section 15):
- The DICT shall streamline the process for application, renewal, and release of permits, licenses, and clearances needed for construction of infrastructure or installation of equipment, in coordination with concerned agencies.
- The DICT shall standardize and regulate fees for facilitation of permits, certificates, and rental rates of government properties, with fees being just and reasonably sufficient to cover costs of supervision and regulation.
- The DICT shall coordinate with NGAs, LGUs, and conduct consultations with civil society organizations and stakeholders in developing implementing rules and policies for permitting and certification process.
- Failure of the issuing agency to release the applied license without informing the applicant of errors or omissions within 7 days after submission of complete requirements and payment shall mean automatic approval.
- No additional steps, permits, certificates, or fees shall be required from applicants other than the requirements stipulated by the DICT.
- Initial issuances and agreements necessary for the streamlined process shall be issued or released within 3 months from the effectivity of the Act.
- The DILG shall monitor compliance of concerned LGUs with the Program requirements.

Annual Report (Section 16):
- The DICT, in coordination with relevant NGAs and LGUs, shall prepare an annual report on the status of implementation and recommend necessary policies.
- The report shall be submitted to the President, Senate President, House Speaker, and Chairpersons of the Committee on Science and Technology of the Senate and the Committee on Information and Communications Technology of the House of Representatives.

Free Public Internet Access Fund (Section 17):
- A Free Public Internet Access Fund (FPIAF) is created under the management of the DICT to provide financing for the implementation of the Program.
- The FPIAF shall be funded out of the Spectrum Users Fees collected by the NTC and other sources identified by the Department of Budget and Management.

Appropriations (Section 18):
- The amount necessary for immediate and effective implementation shall be charged against available funds of the DICT, NTC, and National Privacy Commission.
- Thereafter, funds shall be sourced from the FPIAF.
- Any deficiency in budgetary requirements shall be included in the annual General Appropriations Act.

Implementing Rules and Regulations (Section 19):
- Within 90 days from the effectivity of the Act, the DICT, in coordination with relevant agencies, shall promulgate the necessary rules and regulations for effective implementation.

Separability Clause (Section 20):
- If any provision is declared unconstitutional, it shall not affect the validity of other provisions.

Repealing Clause (Section 21):
- All laws, decrees, orders, rules and regulations or other issuances or parts inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Effectivity (Section 22):
- The Act shall take effect 15 days after its publication in the Official Gazette or in any two newspapers of general circulation.