RULES AND REGULATION IMPLEMENTING REPUBLIC ACT NO.

10929
KNOWN AS THE FREE INTERNET ACCESS IN PUBLIC PLACES ACT

PRELIMINARY PROVISIONS

Section 1. Title. – These Rules shall be referred to as the “Rules and Regulations
Implementing Republic Act No. 10929, known as the Free Internet Access in Public
Places Act”.

Section 2. Acronyms. – Whenever used herein, the words “Act”, “Secretary”,

“Department”, “NTC”, “PCC”, “DILG”, “NPC” and “Program/Service” shall
respectively mean the Free Internet Access in Public Places Act; the Secretary of the
Department and Information and Communications Technology; the Department and
Information and Communications Technology; the National Telecommunications
Commission; the Philippine Competition Commission; the Department of Interior and
Local Government; the National Privacy Commission and; the Free Public Internet
Access Program.

Section 3. Construction. – All doubts in the interpretation and implementation of

these rules shall be harmonized with the government’s program of providing free
internet access to the public.

RULE I
DEFINITION OF TERMS

Section 4. Definition of terms. –

Access Point – is a device that allows wireless devices to connect to a

network. It is usually associated in the WiFi technology having antennas to
broadcast network signals.

Broadband - wide bandwidth data transmission which transports multiple

signals and traffic types such as video and voice.

Carrier - a company that is authorized by regulatory agencies to operate a

telecommunications system.
Internet Technology Solution Providers (ITSP) – service providers who
shall supply, deliver, implement, manage and operate, partially or in whole,
the backend and transport network to the Access Points (APs).

Internet Protocol (IP) – is the method or protocol by which data is sent from
one computer to another on the internet. Each computer (known as a host) on
the Internet has at least one IP address that uniquely identifies it from all other
computers on the Internet.

Internet Service Provider (ISP) – is literally the provider of the internet. It

refers to the vendors that offer telecom, cable and internet services.

IP exchange or (IPX) – is a telecommunications interconnection model for the

exchange of IP-based traffic between customers of
separate mobile and fixed operators as well as other types of service provider
(ISP). The adaptation of this model intends to lower the costs, increase and
improve the free internet access for public places.

Jitter – is the variation in the latency on a packet flow between two systems,
when some packets take longer to travel from one system to the other. Jitter
results from network congestion, timing drift and route changes. Jitter is
especially problematic in real-time communications like IP telephony and
video conferencing. Jitter can lead to unintended deviation or inconsistency
that degrades the quality of communications.

Last Mile – refers to the segment of the data transmission network that
connects end-users.

Latency – is the amount of time a message takes to traverse a system. In a

computer network, it is an expression of how much time it takes for
a packet of data to get from one designated point to another.

National Broadband Plan - a document issued by the DICT which sets the
objectives, goals, policies, and methods for establishing a nationwide
broadband system in the Philippines.

Network traffic or Data traffic – is the amount of data moving across a

network at a given point of time.
 Packet – is the unit of data that is routed between an origin and a destination
on the Internet.

Packet loss – occurs when one or more packets of data travelling across a
computer network fail to reach their destination. Packet loss is typically
caused by network congestion.

Spectrum – relates to the radio frequencies allocated to the mobile industry

and other sectors for communication over the airwaves. All wireless
communications signals travel over the air via radio frequency, aka spectrum.

Wireless - used to describe telecommunications in which electromagnetic

waves (rather than some form of wire) carry the signal over part or all of the
communication path. Some monitoring devices, such as intrusion alarms,
employ acoustic waves at frequencies above the range of human hearing;
these are also sometimes classified as wireless.

Wired - furnished with wires (as for electric connections) or connected to a

telecommunications network and especially to the Internet.

RULE II
FREE PUBLIC INTERNET ACCESS PROGRAM

Section 5. Free Internet Access Program. – There is hereby created a Free Public
Internet Access Program where no fees shall be collected from users to connect to
the public internet access points.

The free internet service provided shall be separate from the internet service
used for backend computer systems and programs, databases, and/or management
and information systems in government offices: Provided, That the shared use of
infrastructure shall not be prohibited.

Meanwhile, technical solutions that may limit or restrict access shall only be
employed when there is clear and present technical risk or breach that cannot be
remedied through ordinary technical solutions as may be determined by the DICT:
Provided, That technical solutions that can likewise maintain or promote ease of
access shall be prioritized and pursued.
 Under the Program, the minimum internet speed per user is two megabits per
second (2Mbps) or as prescribed by the National Broadband Plan, whichever is
higher.

RULE III
COVERAGE OF THE PROGRAM

Section 6. Coverage of the Program. – Public places to be covered by this Act

shall include, but is not limited to, the following:

a. National and local government offices;

b. Public basic education institutions;

c. State universities and colleges and Technical Education and Skills

Development Authority (TESDA) technology institutions;

d. Public hospitals, health centers, and rural health units;

e. Public parks, plazas, libraries, and barangay reading centers;

f. Public airports, and seaports; and

g. Public transport terminals.

Section 7. Standards and Qualifications in Determining Public Places. –The

DICT shall set standards and qualifications in determining which public places shall
be included and prioritized for the rollout of the Program.

At the minimum, the Program shall be made available in areas within the
foregoing public places where maximum use and access to the benefits shall be
ensured such as but not limited to computer laboratories and libraries in public basic
education institutions and state universities and colleges, main lobbies and hallways
of public buildings or transport terminals, and at main assembly points in public
parks, hospitals, and health centers. Appropriate signage shall be placed in
conspicuous areas of sites with access to the free internet service provided by the
Program.

RULE IV
 PROGRAM IMPLEMENTATION

Section 8. Role of the DICT. – The DICT shall be the lead implementing agency
that will oversee the effective and efficient implementation of RA 10929.

National government agencies (NGAs), local government units (LGUs), private

sector and concerned organizations, headed by the DICT, shall ensure the
successful implementation of the program.

For purposes of administering the provisions of RA 10929, the DICT shall:

a. Within one (1) year from the effectivity of RA 10929, develop a

comprehensive plan for the timely and effective implementation and
propagation of the Program;

b. Coordinate with national government agencies (NGAs), local government

units (LGUs), private sector, and concerned organizations to ensure that the
comprehensive plan is integrated with the plans and budgets of all agencies
mandated to provide free internet access under RA 10929;

c. Prescribe policies and regulations and coordinate the timely and effective
implementation of RA 10929;

d. Enter into contracts to undertake the implementation of this Act subject to

existing laws and regulations;

e. Arrange funding for the Program from any source whether private,
government, foreign, or domestic, including official development assistance
and bilateral and multilateral loans, subject to existing laws and regulations;

f. Ensure that the minimum internet speed per user is two megabits per second
(2 MBPS) or as prescribed by the National Broadband Plan, whichever is
higher;

g. Undertake the creation, establishment, installation, maintenance, and

operation of infrastructure, equipment, systems, platforms, applications, and
such other Program requirements necessary to effectively provide free
internet access in public places throughout the country;
 h. Train its personnel, and institute accounting and fiscal practices for the
operation of the program, including in instances where the operations of the
Program is outsourced to a qualified private party; and

i. Prescribe regulations or subscribe to acceptable standards in the installation,

construction, maintenance, and operation of infrastructure and equipment.

j. Make available in the Free Public Internet Access Program a direct link to the
National Government Portal so that citizens can access government services
online or through Government Service Centers, such as but not limited to
Tech4ED Centers, that are connected to the Program.

The installation, construction, maintenance and operation of the equipment and

infrastructure shall be in accordance with PD 1096 – National Building Code,
Occupational Safety and Health Administration Regulation 1910.146 and 1910.268
and Telecommunications Industry Association 569, Version C, May 2012 and other
applicable standards and relevant laws, rules and regulations.

Provided, however, that nothing in RA 10929 shall prohibit the DICT from
providing internet connectivity by installing equipment and establishing infrastructure.

Section 9. Free Internet Access Program Personnel. The DICT shall train its
personnel, and institute accounting and fiscal practices for the operation of the
Program, including in instances where the operation of the Program is outsourced to
a qualified private party.

The DICT may augment its workforce and manpower in order to ensure efficient
implementation of the Program, subject to existing law, rules, and regulations.

Section 10. Public-Private Participation. - The participation of private and

public entities in the implementation of the program can be through the offer of its
services in accordance with RA 9184, otherwise known as the Government
Procurement Reform Act, and other pertinent rules and regulations.

All instances of public-private participation shall be governed by applicable

laws, rules, regulations, and issuances.

Section 11. Guidelines in Public-Private Participation. Public-Private participation

shall be covered by the following guidelines.
 (a) ITSP services shall be procured in accordance with laws, rules,
regulations, and issuances;

(b) A contract of participation shall be executed between the ITSP and the
DICT for the implementation of the Program;

(c) The ITSP must exchange all its data traffic at the domestic IP exchanges
designated by the DICT.

Section 12. ITSP Supplemental Internet Access Service. - The ITSP excess
capacity may be offered as a supplemental internet access service in addition to the
free internet service offered by the DICT subject to the following conditions:

(a) The participation agreement is not revoked or suspended due to delay,

default or breach of any kind in any of its contracts, obligations, service
level commitments to the DICT and the Program;

(b) The DICT shall prescribe the services including fees of ITSP that offer
both free and paid internet services in an area, Provided, that such ITSP
has registered with the NTC as Value Added Service Provider;

(c) The fee shall be reasonable and in accordance with the table of fees to be
issued by the DICT subject to future modifications, which shall be updated
regularly and made available to the public; and

(d) Other Internet Service Providers may likewise offer internet service in the
area being serviced by the ITSP.

Section 13. Internet Connectivity based on Satellites and other Emerging

Technologies. - ITSP may acquire and utilize internet connectivity directly from
satellite service and other emerging technology providers, to ensure universal
coverage which when used to provide internet connectivity shall be considered
value-added services.

The NTC, DICT, and other appropriate regulatory bodies shall maintain the
right to regulate and/or issue guidelines on the acquisition and use of satellites and
other emerging technologies, in accordance with their mandates, other laws, rules,
and regulations.
Section 14. Role of National Government Agencies and Local Government
Units (LGUs) – The concerned NGAs and LGUs shall:

(a) In coordination with the DICT and DILG, streamline the process of
application, renewal and approval of permits and certificates and the
regulation, standardization, and implementation of fees pertinent to the
effective implementation of the Program.

(b) Facilitate the access of telecommunications companies in government or

government owned or controlled properties and facilities for the deployment
and temporary storage of equipment and property needed to construct the
infrastructure or install equipment necessary for the implementation of this
Act.

(c) Align or enroll their respective programs providing free access to internet
service, if any, with that provided in the Act. For this purpose, NGAs and
LGUs shall submit to the DICT its existing public free internet service access.

(d) Ensure the security of installed equipment; and

(e) Assign a designated personnel who can act as site coordinator as needed.

RULE V
EXCLUSIVITY ARRANGEMENTS

Section 15. Anticompetitive nature of exclusivity arrangements. – The grant of

exclusivity arrangements to a single ITSP is prohibited. Instead, the Program shall
promote a nondiscriminatory, free and unrestricted access to all ITSPs for the
purpose of installation and operation of broadband facilities.

The provision by other individuals or entities of free or paid internet in public places
shall not be prohibited, so long as such individuals or entities are registered with the
NTC as value-added service providers. *congressional deliberations

Section 16. Interoperability Standards. Any ITSP, including any current operator,
shall not be given any priority or undue advantage in the conduct of the procurement
process. In the implementation of this program, all facilities shall be governed by
interoperability standards.

Section 17. Prohibited acts. – The following are prohibited acts:

 a. To grant any ITSP exclusive right to provide internet services in a public
place or the exclusive right to provide services as a contractor for any other
phase, stage, or aspect of the implementation of the Program;

b. To grant an ITSP exclusivity agreements with respect to the use of

government-owned property in relation to the program;

c. To prevent other ITSPs through other means from providing internet

services in public places, without prejudice to existing laws, rules, and
regulations.

Section 18. Penalty clause. – Any violation of this Rule shall subject the concerned
government officials and employees to administrative penalties under existing civil
service laws rules and regulations. This is without prejudice to investigation and
prosecution under the relevant provision of Republic Act No. 10667, otherwise
known as the Philippine Competition Act, and other applicable competition-related
statutes. *merge with another clause section 27

RULE VI
ASSIGNMENT OF FREQUENCIES

Section 19. Spectrum as a limited resource. – Spectrum is considered an

exclusive property of the State and should be treated as a limited national resource.
As such, the right of the State to regulate the use and assignment of spectrum
through effective resource allocation is hereby affirmed. The DICT, in coordination
with the NTC, shall rationalize and optimize the use of spectrum, including the
utilization of spectrum for purposes of this Program.

Section 20. Spectrum assignment and co-use arrangements. – The DICT in

coordination with the NTC shall be assigned such frequencies as it shall require for
the Program. In making such assignment, the NTC should consider the scope,
magnitude, and the particular requirements of the areas to be served, including
geographic nuances, expected number of users, expected demand, and past usage,
if any.

The assignment of spectrum under this Rule shall not cause interference to
other ITSPs of the Program. Neither shall the assignment of spectrum hinder the
development of the broadcast, telecommunications, internet service, or value-added
service authorized by or registered with the NTC.

The ITSPs use of the spectrum shall be governed by a co-use agreement with
the DICT.

Section 21. Use of assigned spectrum. – The spectrum assigned under this Rule
shall only be used by an ITSP with a co-use agreement with the DICT subject to
provisions of RA 9184 and other relevant laws. Any ITSP which has been granted
the use of the spectrum assigned under this provision shall not use the spectrum for
any other purpose other than for the effective implementation of this Program.

Any provision in a contract awarded under these Rules, which grants any
ITSP the right to use the spectrum for any other purpose other than the
implementation of this Program shall be considered void and without effect; provided
that the other provisions in the contract which do not suffer from the said infirmity
shall retain their validity.

Section 22. Review of spectrum assignments. – The DICT, in coordination with

the NTC and PCC, shall conduct an annual review of the spectrum assigned under
these Rules. The purpose of the periodic review is to ensure that the assigned
spectrum are being utilized in line with the requirements and effective
implementation of this Program. The review shall cause the reexamination of the
use, and cause the reallocation or redistribution of the spectrum assigned, if feasible
and if the circumstances warrant.

Section 23. Automatic reversion of spectrum upon termination of service. –

Upon the termination of an ITSP’s services for reasons of (i) expiry of the contract,
(ii) any violation or unfavorable findings during a review conducted pursuant to
Section 6 of this Rule, or (iii) termination by the DICT of the contract pursuant to law
or agreement of the parties, the spectrum assigned to the ITSP shall automatically
revert to the control of the DICT.

Section 24. Spectrum management policy and guidelines. – The use of available
or unassigned spectrum may be granted to other agencies and private entities
subject to transparent, fair, reasonable, and nondiscriminatory terms and conditions,
as specified in the guidelines jointly issued by the DICT, NTC, and PCC after public
stakeholder consultations.

Within one (1) year from the effectivity of RA 10929, the DICT, in consultation
with the NTC and PCC, shall issue the guiding principles and policy direction for the
open and shared use of spectrum, especially for the implementation of this Program.

The DICT, NTC, and PCC shall have the continuing obligation to revise and
update these guidelines at every practicable opportunity.

RULE VII
MONITORING AND DATA COLLECTION

Section 25. Within one (1) year from effectivity of RA 10929, the NTC shall issue
rules on minimum standards for quality of service, including, but not limited to,
download speed, latency, packet loss, and jitter for public free internet service. The
minimum quality of service standards for the Program shall not be lower than the
minimum quality of service standards provided for retail basic internet connectivity
services offered to the public and the agreed quality of service as specified in their
contract with the DICT.

Section 26. Transparency. – The DICT shall periodically collect, update, and
publish such information on the cost, performance, service quality, and compliance
with the minimum standards on free public internet access points set by the NTC.

All fair use policies shall be available on the DICT’s website.

Section 27. Penalties. - The DICT shall impose penalties upon ITSPs that
do not comply with the minimum standards set by the NTC and the agreed quality of
service as specified in their contract with the DICT.

The DICT shall require all ITSP to comply with the prescribed performance
standards and shall impose penalties for failure to comply with such performance
standards.

The DICT shall issue and publish a Department Order on the schedule of
penalties within one (1) year from effectivity of this IRR.

Section 28. Data Privacy. The government shall respect the privacy of
persons who use the Program. In no case shall the administrator or manager of the
Program engage in the collection, use, or disclosure of users’ personal data, which
includes personal, sensitive, and privileged information, and the collection of
anonymous traffic data, unless allowed by the provisions of Republic Act No. 10173,
otherwise known as the “Data Privacy Act of 2012” and other applicable laws.

Any unauthorized processing of users’ personal data shall be punishable by

said law and all other applicable laws.

Section 29. Safeguards. The DICT shall ensure the implementation of

organizational, physical and technical security measures for the Program. The
implementation of the Program will require the conduct of a privacy impact
assessment which shall be submitted to the NPC for oversight and monitoring.

RULE VIII
PROHIBITION ON ACCESS TO PORNOGRAPHY

Section 30. Prohibition on Access to Pornography. – Pursuant to Section 10 of

Republic Act No. 10929, access to pornographic websites is prohibited under the
Program, with particular emphasis on the protection of children against child
pornography as stated in Section 11 of the same Act. As such, the following rules
are provided for strict compliance:

(a) In conjunction with existing laws and rules, all participating ISPs shall block
access to internet websites, applications or programs which promote or
provide direct or indirect access to online sexual abuse and exploitation
material on children, including child sexual abuse and exploitation materials,
livestreaming or live online child sexual abuse or exploitation or any similar
content in any form;

(b) Consistent with Section 9 of Republic Act 9775 otherwise known as the “Anti-
Child Pornography Act of 2009”, all participating ISPs of the Program are
bound to comply with the duties of ISPs so enumerated in the same section of
the said law;

(c) Following the approval of the IRR, and in pursuant of Section 11 and its
oversight functions, the DICT shall in coordination with the IACACP and in
consultation with ISPs, private sector and children and youth sector, develop
standards and mechanisms, including a child online safeguarding policy,
within one year from promulgation of the law, where such standards,
mechanism and policy are subject to review through multi-sectoral
consultation every two years.
 RULE IX
PUBLIC SAFETY WARNING

Section 31. Public Safety Warning. – The DICT and the ITSP shall ensure that
facilities, such as relay stations, repeaters, boosters and telecommunications towers
shall, where warranted, bear appropriate warning signage when close and constant
contact with such facilities may be harmful or hazardous.

RULE X
PRIVATE PROPERTY OWNERSHIP

Section 32. Private Property Ownership. The right to private property shall be
respected in the implementation of the Program. In case the construction of any
infrastructure or installation of equipment should involve or affect privately owned
land or property, the DICT shall ensure that the necessary public consultations are
held with affected or concerned parties such as homeowners and homeowners
association, nongovernment organizations and people’s organizations and LGUs,
before the Program is implemented in their respective jurisdiction. Such public
consultations shall conform to the manner as stated in Republic Act, 9904, otherwise
known as the “Magna Carta for Homeowners and Homeowners Association” and as
specified in Rule XI, Article 54 of the Implementing rules and regulations of Republic
Act. 7610, otherwise known as the “Local Government Code of 1991”.

RULE XI
PERMITTING AND CERTIFICATION

Section 33. Streamlining the Application, Renewal and Release of Permits,

Licenses and Clearance Processes. – The DICT, NTC, and the DILG shall,
through issuance of the necessary rules and policies, after the conduct of the
necessary consultations with civil society organizations, national government
agencies, instrumentalities and agencies, LGUs, and other stakeholder groups,
streamline the process for the application, renewal and release of permits and
licenses, and clearances needed for the construction of infrastructure or installation
of equipment among NGAs and LGUs. The DILG shall be responsible for monitoring
the compliance of concerned LGUs with the requirements of the Program.

Initial issuances and agreements necessary to facilitate the implementation of

the streamlined process shall be issued or released within three (3) months from the
effectivity of the Act.
 Failure on the part of the issuing agency to release the applied license without
informing the applicant business entity of the errors, omissions, or additional
documents required shall mean automatic approval of the license or permit applied
for within seven (7) days after submission of the applicant business entity of the
complete requirements and payment of the corresponding fees; Provided, however,
That in case where the cause of delay is due to force majeure or natural or man-
made disaster which may result to damage or destruction of documents the
prescribed processing time shall be suspended and appropriate adjustments shall be
made.

No additional steps, permits and certificates shall be required from any

applicant other than the requirements stipulated by the DICT.

Section 34. Standardization and Regulation of Fees. – The DICT, in coordination

with the NTC and the DILG, shall, within three (3) months from the effectivity of this
IRR, issue a table of fees for the facilitation of permits, certificates, and the rental
rates of GOCC properties for the construction of infrastructure and installation of
equipment necessary for the immediate and effective implementation of the
Program; Provided, That the fees to collected should be just and reasonable
sufficient to cover the costs of supervision and regulation. The revenue collected
from local fees, charges, and other local impositions shall inure solely to the benefit
of and be subject to disposition by LGUs.

No additional fees shall be required from any applicant other than the
requirements stipulated by the DICT.

RULE XII
FREE PUBLIC INTERNET ACCESS FUND
(FPIAF)

Section 35. FPIAF and Appropriations– There is hereby created an FPIAF 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 to be identified by the Department of Budget and
Management.

If necessary for the immediate and effective implementation of the Act, any
amount for the implementation of the Program shall be initially charged against any
available funds of the DICT, the NTC and the NPC. Thereafter, the sums necessary
for such purpose shall be sourced from the FPIAF.
 Any deficiency in the budgetary requirements for the implementation of the
Act shall be included in the annual General Appropriations Act.

RULE XIII
MISCELLANEOUS PROVISIONS

Section 36. Repealing Clause. – All laws, decrees, orders, rules and regulations or
other issuances or parts inconsistent with the provisions of the Act and its IRR are
hereby repealed and modified accordingly.

Section 37. Effectivity. - The provisions of these rules and regulations shall take
effect fifteen (15) days after its publication in newspaper of general circulation.

Done in Quezon City, this ___ day of _____, _____.