Cable TV operators appeal to Marcos: Veto Konektadong Pinoy Act

MANILA — The Federation of International Cable TV Associations of the Philippines (FICTAP) appealed to President Ferdinand Marcos, Jr. to veto the final version of Senate Bill 2699 or the Konektadong Pinoy Act, which calls for open access in data transmission. 

According to the group, some other countries have struggled with regulating a relatively high number of providers. FICTAP National Chair Estrellita Juliano-Tamano said this at the "Kapihan Part 2 sa CICC (Cybercrime Investigation and Coordinating Center)" on Monday, April 7. 

SB 2699 seeks to establish a "comprehensive and inclusive data transmission and connectivity framework for the Philippines." Its passage is seen to increase the number of data transmission industry participants (DTIPs) in the country.          

But Juliano-Tamano cited the supposed dire situation in Taiwan, saying, "In one district area, there are about 25 to 27 cable operators, and you know what's happening? They're killing each other. They are destroying their infrastructure." 

"They allow cable TV operators unregulated like what we are having now. Maski sino puwede nang mag-operate," the FICTAP national chair added. 

Various groups and agencies, including the National Telecommunications Commission (NTC), also sounded the alarm on a provision removing the legislative franchise requirement in the telecommunication sector. 

The House version of the bill, House Bill No. 6 or the Open Access in Data Transmission Act, requires a legislative franchise from those who will operate an international cable landing station. Section 5 of the bill states, “All data transmission industry participants shall be required to register with the National Telecommunications Commission (NTC) [..] Those who will operate an international cable landing station shall secure a legislative franchise.” 

The Senate version only requires registration under the NTC from DTIPs. Section 8 says, “All DTIPs shall be required to register with the NTC. The NTC shall promulgate a speedy and expeditious administrative process for registration and apply its eligibility criteria in line with the policies of the DICT. DTIPs must meet the NTC criteria in registering as industry participants in order to construct, operate, lease, or own networks or facilities, including radio transmitting and/or receiving stations for the provision of data transmission services: Provided, That all DTIPs intending to use spectrum resources shall secure authorization from the NTC.” 

Additionally, it says those seeking to operate an international gateway facility or a core or backbone network must get the NTC’s authorization. 

"While the NTC acknowledges the potential benefits of the registration and certification process kasi mas madali po 'yun, such as they will encourage investments and market participation, it must be emphasized that consumer protection and national security should never be compromised. Mere registration certification could lead to unscrupulous industry players entering the market and funding it, requiring strict enforcement and regulation,” NTC Commissioner Atty. Ella Lopez said. 

Lopez showed support for the bill, but also mentioned they proposed an authorization process meant to match the benefits of registration and certification without compromising consumer welfare and public security. 

Additionally, Lopez expressed concerns over how satellite technology may be given preference in the bill. "While we recognize the satellite system and technology are relevant to data transmission, particularly in the context of internet services, specifying provisions related in the proposed bill would be discriminatory towards other existing and future technologies," Lopez said. 

In response to this, Department of Information and Communications Technology (DICT) National ICT Planning, Policy and Standards Bureau Director Maria Victoria Castro said there are agencies that would make sure all players would be treated fairly.

"Binibigyan ito ng paraan para maipalawig 'yung pagkonekta especially doon sa mga areas na unconnected. So kung anuman 'yung perception na sinasabi nila in terms of that-- but you know, maraming agencies na kasama nito particular 'yung ating PCC-- 'yung Philippine Competition Commission-- that will ensure na magiging patas 'yung kumbaga labanan," Castro said. 

The bill is pending approval by the bicameral conference committee before being passed to the President.