Open access in data transmission bill hurdles 2nd reading

MANILA – The House of Representatives on Tuesday approved on second reading a measure promoting open access in data transmission through a speedy and efficient process and promotion of fair and open competition.

The chamber passed through voice voting House Bill 8910, or the proposed Open Access in Data Transmission Act, which aims to establish a strong and independent regulatory system and body to ensure fair competition in the data transmission industry.

The bill shall require interconnection among data transmission participants to avoid dominance b a single player or by a group of data providers.

The National Telecommunications Commission (NTC) shall be mandated to maximize the utilization of radio spectrum resources in the allocation and assignment of such finite resources in the transmission of data by ensuring that spectrum is made available for the use of all registered data transmission industry participants.

The NTC shall also be mandated to require all data transmission industry participants and Public Telecommunications Entities (PTEs) providing data transmission services, to comply with the prescribed performance standards and shall impose penalties for failure to comply with such performance standards.

It ensures fair competition by mandating that at any given layer, there should be at least two significant providers.

It proposes to impose a fine of PHP300,000 to PHP5 million for every day of violation, per prescribed performance standards to any data transmission industry participant that fails to substantially comply with the minimum service requirement.

In addition, if the said entity fails to comply with the prescribed performance standards for three consecutive years, it shall be removed, subject to due process, from the registry of registered data transmission industry participants and shall be prohibited from rendering data transmission services.

It prohibits the refusal to plug and play, paid prioritization, throttling, and vertical ownership.