The new Konektadong Pinoy Act

By: Atty. Donn Marie M. Balina on October 2,2025

FOR a country known for having one of the highest numbers of internet users, connections in the Philippines remain a source of frustration. Republic Act 12234, or the Konektadong Pinoy Act, aims to remedy this by promoting an open-access policy in pursuit of making the internet accessible for Filipinos.

The law covers data transmission industry participants (DTIPs), defined as those engaged in the provision of data transmission services. It includes public telecommunication entities (PTE) and value-added service providers to the extent of their businesses engaged in data transmission.The Department of Information and Communications Technology (DICT) and the National Telecommunications Commission (NTC) are the principal agencies responsible for the execution of the law, and its other rules and regulations.

As part of the new regulatory measures, DTIPs will be required to register with the NTC. Registration is mandatory for them to construct, operate, lease or own networks or facilities including radio transmitting and/or receiving stations. The DICT is responsible for promulgating a speedy and expeditious process for registration and forming eligibility criteria.

Notably, foreign entities who wish to enter into the data transmission industry shall be subject to the provisions of the Foreign Investments Act of 1991 and the Public Service Act.

In support of the open-access policy, the law mandates the creation of an access list, wherein certain digital infrastructure and services are determined to be necessary to offer data transmission competitively. Competitors will be able to access digital infrastructure and services on the list in an open, fair, reasonable and nondiscriminatory manner, preventing monopolization.

Under the law, duly registered DTIPs may deploy satellite technology and use associated spectrums in any or all segments of their broadband network without the need for a lease or rent capacity from PTE.

Furthermore, passive infrastructure, when capable of supporting data transmission networks or services, will be available for colocation and co-use in a similar nondiscriminatory manner. The law encourages the construction of passive infrastructure — telecommunication towers, poles, dark fiber cables, etc. — in remote areas to extend data transmission services.

The law introduces the “Dig Once Policy” that aims to avoid inconveniences when building additional passive infrastructure. Under this, government agencies and private entities must coordinate to ensure that the infrastructure is deployed together with roadwork, pipe-laying and other infrastructure development.

Transitory provisions clarify how this law will affect existing legislative franchises: they remain valid insofar as they do not constitute the provision of data transmission services. Likewise, provisional authorities, certificates of public convenience and necessity and certificates of registration issued by the NTC before the law are valid.

As a country constantly and severely affected by natural disasters, the internet is more vital than ever. The progress that will be brought by the Konektadong Pinoy Act will promote transparency and efficiency for internet users and businesses, no matter how radical the open-access policy may sound. The law is bold, but necessary.

Donn Marie Isabelle M. Balina is an associate of Mata-Perez, Tamayo & Francisco (MTF Counsel). This article is for general information only and is not a substitute for professional advice where the facts and circumstances warrant. If you have any question or comment, you may email the author at info@mtfcounsel.com or visit the MTF website at www.mtfcounsel.com.

The article was published at the More to Follow Column at The Manila Times on October 2,2025. Please see this link. https://www.manilatimes.net/2025/10/02/business/top-business/the-new-konektadong-pinoy-act/2193288

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