Globe Telecom called for a comprehensive law on all existing telco laws.
Globe Telecom called for a comprehensive law on all existing telco laws to avoid conflicting provisions that may result from the passage of the Open Access in Data Transmission Bill.
Lawyer Ariel Tubayan, Globe Telecom senior legal counsel, said during the virtual meeting with members of the ICT Committee of the Management Association of the Philippines that organizing outdated laws on telecommunications in a comprehensive law will prevent conflicting provisions.
According to Tubayan, the Open Access Bill offered no clarity in terms of foreign ownership restrictions, adding that any law lifting foreign ownership restrictions will require an amendment of the economic provisions of the Constitution.
The proposed legislation, according to Tubayan, also didn’t expressly repeal Section 16 of Republic Act 7925, which required a congressional franchise to operate as a public telecommunications entity.
Tubayan also said that proposed bills also didn’t seek the revocation of Section 1 of Republic Act 3846, which required a franchise for the operation of a radio station or to use radio frequencies.
Moreover, Tubayan said that vertically integrated telcos such as Globe Telecom used the same network for carrying voice and data traffic.
“If the Open Access Bill is passed, this will result in the unduly onerous situation where telcos will be constrained to comply with two separate and conflicting laws — one for voice and another for data,” Tubayan said.
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Based on a report on GMA News Online, there were three current versions of the proposed bill — one version pending before the House of Representatives, and two versions at the Senate.
All versions of the proposed bill aimed to carve out data transmission from the coverage of telecommunications, which, under existing laws, were considered public utilities that were subject to foreign ownership restrictions and required a congressional franchise.
“There is a need to strengthen the regulatory powers of the NTC by making it an independent body with fixed terms of office, similar to the Energy Regulatory Commission. It is also a must to strengthen its power to recall frequencies from those who sit on them, those who do not use the radio frequency allocated to them,” Tubayan said.
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