THE Philippine Chamber of Telecommunications Operators (PCTO) again cautioned President Ferdinand R. Marcos, Jr. against signing the Konektadong Pinoy bill, warning that it could cause the Philippines to breach its treaty obligations.
It added that the proposed law could cause the government to violate the terms of franchises held by incumbent telecommunications operators.
“If a law has some flaws, an IRR (implementing rules and regulations) really cannot cure what flaw that law has in its entirety. We ask again if it is possible for the President to consider our plea that it be sent back, redrafted to include our inputs,” Smart Communications, Inc. Head of Regulatory Affairs and PCTO Vice-President Roy D. Ibay told Money Talks with Cathy Yang on One News on Thursday.
During the program, Information and Communications Technology (ICT) Secretary Henry Rhoel R. Aguda said his department remains confident that the measure will be signed into law.
“It has been a very busy two weeks for the President. But… we are just waiting for the official announcement to proceed with the next activities,” he said.
The Senate and House of Representatives ratified on June 9 the bicameral conference committee report on the Konektadong Pinoy bill.
The PCTO has said that while it supports the measure’s objective of expanding internet access, it warned that the version passed by the bicameral conference committee could create national vulnerabilities and weaken regulatory oversight.
“Aside from national security concerns, we feel that it introduces a lot of unfair rules,” Mr. Ibay said, noting that one section of the measure talks about technology and neutrality while favoring the presence of satellite providers.
“In (the Konektadong Pinoy bill) it says that the satellite providers do not even have to register and just file their agreements with the DICT and do not even have to coordinate as regards to spectrum,” he said.
This provision violates the International Treaty on Radio Regulations, Mr. Ibay said, noting that the Philippines adheres to the International Telecommunication Union (ITU), which governs frequency use.
“The ITU provides that any satellite should do local coordination with the regulator. But in this law, it is absent, it does not provide that,” Mr. Ibay said.
In June, the PCTO sought a review of the Konektadong Pinoy bill, warning that some provisions could undermine regulatory oversight and pose risks to national security and fair competition.
Mr. Ibay said that the transitory provision of the Konektadong Pinoy bill provides that duly enfranchised players will retain all their rights and privileges except those concerning data transmission.
“They removed our rights and privileges over whatever inherent provisions that’s contained in our franchise… This bill now governs data transmission. That is unconstitutional because a franchise is already considered a property right. Removing this, this inherent, granted, and already enjoyed privilege of franchise holders will now be rendered ineffective under the new Konektadong Pinoy bill,” he said. — Ashley Erika O. Jose