At Last! Konektadong Pinoy Act: A Law Ensuring Quality Data Transmission Services for Faster and Stronger Connections

18 September 2025 | Atty. Kate Nicole D. Talla and Andre Harris I. Uy

The Republic Act No. 12234 or the “Konektadong Pinoy Act” has drawn both support and criticism from the private sector, telecommunications leaders, and civil-society groups. While some argue it is long overdue to regularize the country’s data transmission and create more industry players in a sector long dominated by a few major companies, critics warn that certain provisions could pose risks to national security. Nevertheless, it is undeniable that, compared with our neighboring countries, Philippines lags in data transmission quality, coverage and affordability.

Will this legislation really reshape our digital landscape for the better, or will it just be another mandate without meaningful enforcement?

On August 24, 2025, the Konektadong Pinoy Act lapsed into law without the signature of the President in accordance with Article VI, Section 27(1) of the Constitution. The law reinforces the State’s commitment to affordable and high-quality data transmission services. Its foundational policy is to foster digital inclusivity and bridge the digital divide in the Philippines by removing barriers to competition in data transmission services, and encouraging investment in the development of the nation’s digital infrastructure. Importantly, it mandates the implementation of measures to guarantee universal internet access, especially for critical areas such as e-governance, education, health, trade, finance, disaster preparedness, and public safety.

The law covers all Data Transmission Industry Participants (DTIPs), which are entities engaged in providing data transmission services as an economic activity. It also covers entities principally engaged in basic telephone services, with respect to their data transmission services and the linkage of their networks extended to DTIPs, and to Access Providers, that owns, leases, or operates digital infrastructure and services contained in the access list.

The Department of Information and Communications Technology (DICT) designated as the primary policy, planning, coordinating, implementing, and administrative entity of the Executive Branch, and the National Telecommunications Commission (NTC) as the principal regulatory and adjudicatory body for the data transmission sector, shall ensure that the provisions of this law apply to future technologies in data transmission.[1]

Among the notable provisions of the law are the registration requirements for DTIPs, mandatory third-party cybersecurity certification, open access policy, policies on infrastructure sharing and co-location, Dig Once Policy, Consumer’s rights, and penal provisions.

Registration

​​  Prior to the Konektadong Pinoy Act, Public Telecommunications Policy Act of the Philippines[2] governed Value-Added Service (VAS) providers. VAS refers to services that go beyond those ordinarily provided by carriers, such as messaging services, electronic mail service, audio and video conferencing, and the like. As such, no entity shall provide VAS without a valid Certificate of Registration (COR) issued by the NTC.

Now, under the Konektadong Pinoy Act, all segments of the data transmission network shall be open to competition, and all DTIPs shall be allowed to establish their own networks. The law divided transmission network into segments, namely, international gateway facility, core or backbone network, middle mile and last mile. Accordingly, all DTIPs must register with the NTC. The NTC is tasked with promulgating a speedy and expeditious administrative process for this registration, applying its eligibility criteria in line with the policies set by the DICT. Successful registration authorizes a DTIP to construct, operate, lease, or own networks and facilities, including radio stations, for the provision of data transmission services.

Further, foreign entities wishing to enter the data transmission industry remain subject to the provisions of Foreign Investments Act of 1991,[3] as amended, and the Public Service Act[4], as amended, among other pertinent laws.

The Philippine Competition Commission (PCC) and the NTC shall ensure that all industry players observe fair, reasonable and non-discriminatory treatment to make the industry highly competitive.

Cybersecurity Certification

To safeguard the nation's digital infrastructure, the law imposes stringent cybersecurity requirements. All DTIPs are mandated to adopt and comply with national and global best practices and standards on cybersecurity. They are also subject to a cybersecurity performance audit by the Cybersecurity Bureau of the DICT. Critically, within one year of registration, every DTIP must secure a cybersecurity certification from a qualified third-party organization based on the prevailing International Organization for Standardization (ISO) standards on information security management or other minimum-security standards as identified by the DICT.

A DTIP that fails to secure the required certification shall be issued a suspension order. If it fails to comply within six (6) months from the issuance thereof, it shall be removed from the registry of DTIPs.

Access

The law now mandates access providers to grant access to digital infrastructure and services contained in the access list on an open, fair, reasonable, and non-discriminatory basis, subject to technical feasibility. "Non-discriminatory basis" is defined as granting access on equal terms in similar circumstances and providing information to third parties under the same conditions as provided to the provider's own business or subsidiaries.

The establishment of a defined Access list, as jointly determined by the DICT, NTC, and PCC, which identifies the digital infrastructure and services for which access by another entity is necessary to offer data transmission services competitively, is expected to promote competition, facilitate entry and expansion of new players and encourage the efficient use of an investment in digital infrastructure.

Infrastructure Sharing and Co-location

The law heavily promotes data transmission infrastructure sharing to accelerate network deployment and improve cost efficiency. Existing and future passive infrastructure, such as telecommunications towers, poles, dark fiber, and utility corridors, is made available for co-location and co-use by its owner or operator, and must be built in city centers and unserved and underserved remote areas. Access to government-owned and operated facilities for data transmission purposes is declared mandatory, unless national security or other special circumstances exist.

The law also requires that new buildings, condominiums, and subdivisions be built with facilities like cable entrances and ducts that allow for non-discriminatory access by multiple DTIPs. It ensures as well the disaster resiliency and ease of recovery and restoration of passive infrastructure from the effects of disasters through enforcing strict compliance with engineering standards, practices and relevant codes of practice.

To support this, the DICT and NTC will jointly maintain and annually update a centralized database of all data transmission infrastructure, including its location, ownership, and technical specifications.

Dig Once Policy

To prevent constant and disruptive road excavations, Section 17 establishes a "Dig Once Policy", which mandates relevant government agencies to jointly develop and issue a policy for the coordinated planning and installation of underground conduits for data transmission services. This installation should, as far as possible, occur in conjunction with current or planned construction projects like highways, bridges, and railways to minimize deployment costs.

Consumer’s Rights

One of the main highlights of the law that underscores the State’s commitment in safeguarding the basic rights of users of data transmission services are set forth in Section 25, as follows:

a)     The right to receive data transmission services that are non-discriminatory, reliable, and compliant with the minimum standards set by the NTC.

b)    The right to be provided service within thirty (30) calendar days from the date of application.

c)     The right for student users enrolled in any public or private educational institution to be provided an appropriate discount as part of the DTIP's corporate social responsibility.

d)    The right to receive regular, timely, and accurate billing, and to be accorded courteous and efficient service.

e)     The right to the timely correction of billing errors and immediate rebates or refunds without the need for a demand from the user.

f)      The right to have complaints thoroughly and promptly investigated and acted upon, with providers endeavoring to receive complaints through any convenient means, including voice calls, SMS, instant messaging applications, and other online communication methods.

g)    The right to request immediate termination of service without penalty if the provider consistently fails to comply with performance standards or billing accuracy requirements.

Penal Provisions

To ensure compliance, the law defined prohibited acts and prescribes administrative penalties. 

“Refusal to plug and play” prohibits access providers from refusing access to digital infrastructure on the access list, except in cases of failure to pay open market fees or exposure to confirmed security risks. Access providers may also be penalized for its refusal or failure to furnish, on a timely basis, necessary technical and commercially relevant information to suppliers of data transmission services. 

DTIPs are likewise penalized for supplying false or incorrect information, committing material misrepresentation as to compliance, or engaging in false advertising of their products and services. Failure to comply with the minimum performance standards shall pay, as a rule, a fine of at least ₱5,000 but not exceeding ₱2,000,000 per day of the violation until it fully complies, while substantial noncompliance for three consecutive years shall result in removal from the registry of DTIPs.

Finally, a DTIP that commits at least three violations of this law shall forfeit all its certificates, licenses, authorizations, and other awards related to its participation in the industry.

Remarks:                                                 

The Konektadong Pinoy Act represents a comprehensive and transformative legislative reform designed to fundamentally reshape the Philippine digital landscape. It collectively creates an environment where new market players can emerge, innovation is rewarded, and investment is strategically channeled towards connecting unserved and underserved communities.

Ultimately, the law is not merely a piece of telecommunications regulation; it is a foundational strategy for building a more inclusive, competitive, and digitally empowered Philippines ready to meet the demands of the 21st-century economy.

[1] Rep. Act No. 12234 (2024), §19.

[2] Rep. Act No. 7925 (1995)

[3] Rep. Act No. 7042 (1991).

[4] Com. Act. No. 146 (1936).

Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the views and opinions of the Firm or any of its partners. This article shall not be construed as official legal advice from the Firm. Atty. Kate Nicole D. Talla, CPA is an associate lawyer who earned both her Bachelor of Science in Management Accounting and Juris Doctor degrees from the University of Santo Tomas in Manila.

Andre Harris I. Uy is a paralegal who obtained his Bachelor of Science degree in Legal Management from De La Salle University. He is currently pursuing his Juris Doctor degree at San Beda University.

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