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By Ashley Erika O. Jose, Journalist
THE KONEKTADONG PINOY legislation, aimed at enhancing internet accessibility by loosening regulations and permitting more entrants into the data transmission sector, has officially become law as of Sunday.
“It has officially become a law,” Department of Information and Communications Technology (DICT) Secretary Henry Rhoel R. Aguda informed BusinessWorld on Sunday.
This was further verified by Presidential Communications Undersecretary Claire B. Castro via a Viber message, though details were not provided.
Mr. Aguda noted that the DICT is currently developing the implementing rules and regulations (IRR) for the Konektadong Pinoy Act, also referred to as the Open Access in Data Transmission Act.
He indicated that the DICT has reached out to the country’s leading telecommunication firms for their contributions.
“We are finalizing the draft IRR. It will be completed before the public consultations. I have extended personal invitations to PLDT, Globe, Converge, and DITO for their participation in the IRR,” Mr. Aguda stated.
He mentioned that the finalized IRR is anticipated to be released within 60 days.
The Konektadong Pinoy Act implements an open-access policy to foster a more accessible and competitive landscape for all qualified participants in the data transmission network, while also promoting investments in digital infrastructure to support reliable and cost-effective data services.
“We celebrate the enactment of the Konektadong Pinoy. We hope this initiative facilitates a more efficient, stable, and affordable internet service throughout the Philippines,” said Ronald B. Gustilo, a national campaigner for the Digital Pinoys group, in a Viber message.
The legislation is expected to attract additional players into the sector, Mr. Gustilo noted, adding that it should foster healthier competition and enhance customer experiences.
“We also urge the creators of the implementing rules and regulations to embed clear protections that will safeguard consumers and ensure these are comprehensively mapped out,” Mr. Gustilo added.
Telecommunications entities through the Philippine Chamber of Telecommunications Operators (PCTO) have previously urged President Ferdinand R. Marcos, Jr. to veto the bill and return it to Congress.
The PCTO has expressed concerns that certain provisions of the Konektadong Pinoy Act could weaken regulatory oversight and endanger national security while threatening fair competition.
“There may be cyberthreats that could emerge from this new telecommunications directive, but these can be alleviated by a proactive IRR, formulated by various sectors, and ongoing monitoring by the regulators of this vital information infrastructure ecosystem,” Samuel V. Jacoba, founding president of the National Association of Data Protection Officers, stated via Viber.
Under the law, new entrants in data transmission no longer need to obtain a legislative franchise or a certificate of public convenience and necessity, which the PCTO described as a crucial filter historically utilized to evaluate legal, financial, technical, and cybersecurity preparedness.
Specifically, the PCTO is opposing the legislation as it mandates entrants to only secure cybersecurity certification after two years of operations.
PLDT Inc. Chief Legal Counsel Joan de Venecia-Fabul stated that the organization is exploring all avenues to ensure a level playing field for current players once Konektadong Pinoy is enacted.
She remarked that while the IRR may not resolve the issues presented by PLDT, the company remains willing to engage in the development of the Konektadong Pinoy’s IRR.
“An IRR cannot contradict the law. It can elaborate on it, clarify it, and outline its contours and boundaries, but it cannot oppose it,” Ms. De Venecia-Fabul told reporters last week.
PLDT Senior Legal Advisor to the Chairman Marilyn A. Victorio-Aquino previously indicated that the company would consider a legal challenge if the Konektadong Pinoy bill is enacted.
In addition to PLDT, fiber internet provider Converge ICT Solutions, Inc. also expressed its willingness to contribute its insights in formulating the IRR.
US Cloud and mobile technology firm CloudMosa remarked that the entire telecommunications sector stands to gain from the Konektadong Pinoy Act, as the legislation offers opportunities for companies to reach users who missed the transition to fourth-generation (4G) technology.
It noted that it will expedite the phaseout of 2G and 3G, thereby enhancing affordable connectivity.
The Konektadong Pinoy Act also increases the potential for more optimal utilization of the radio frequency spectrum and the reallocation of underused and unutilized spectrum.
Hastings Holdings, Inc., a division of the PLDT Beneficial Trust Fund subsidiary MediaQuest Holdings, Inc., possesses a majority stake in BusinessWorld through the Philippine Star Group, which it governs.
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