Section 16Sec./Art. 16

Infrastructure Sharing and Co-location. -

(1) The DICT shall, taking into account the digital infrastructure and services contained in the access list, promulgate policies to ensure that passive infrastructure, whether existing now or in the future, necessary for or capable of supporting data transmission networks or services are:

(a) Made available for co-location and co-use by the passive infrastructure owner, lessor, or operator (PIOLO) on an open, fair, reasonable, and non-discriminatory basis subject to the technical feasibility of the request: Provided, That the provision of access to government-owned and -operated facilities and support infrastructure to access seekers for the purpose of offering data transmission services shall be mandatory, unless special circumstances, such as but not limited to, national security concerns, exist;

(b) Built not only in the city center, but most especially in the remote, unserved, and underserved areas, to extend data transmission services by both the existing and new players throughout the country; and

(c) Proliferated in the most cost-efficient and timely manner through various means, including encouraging the operation of independent entities that build and operate towers, dark fiber, and utility corridors, among other passive infrastructure that help facilitate data transmission network deployment.

The DICT, in coordination with other relevant government agencies, shall issue policies to carry out paragraphs (a) to (c) upon consultation with stakeholders. For purposes of data transmission, the NTC shall, in case of a dispute arising from an infrastructure sharing agreement: (1) mediate between a DTIP and a PIOLO, and (2) serve as the primary enforcer of this provision.

(2) The DICT, the PCC, the Department of Public Works and Highways (DPWH), the Department of Transportation (DOTr), the Department of Human Settlements and Urban development (DHSUD), and other relevant government agencies shall jointly promulgate policies, rules, and regulations to ensure that buildings, condominiums, villages, towns, and subdivisions are built with facilities, such as cable entrances, ducts, and risers, that allow non-discriminatory access to multiple DTIPs for them to provide service. They shall also promulgate policies, rules, and guidelines that will ensure a level playing field and price non-discrimination among DTIPs and network facility and infrastructure owners.

(3) The NTC, in coordination with relevant government agencies such as the Office of Civil Defense, shall ensure the disaster resiliency and ease of recovery and restoration of passive infrastructure, such as towers, poles, and utility corridors, from the effects of disasters by strictly enforcing compliance with internationally accepted engineering standards and best practices, relevant engineering codes, and other codes of practice.

(4) The DICT and the NTC shall jointly maintain and update a centralized database of data transmission infrastructure, including passive infrastructure used to support data transmission. The database shall be updated annually and shall include the exact location, ownership, technical specifications, and other relevant information about the facility. Access to the information contained in the database may be requested from the DICT or the NTC, subject to guidelines to be issued by the DICT. DTIPs shall be required to submit a list of the information to be contained in the database, subject to the IRR or other guidelines or rules to be issued by the DICT or the NTC.