Section 3Sec./Art. 3

Definition of Terms. - As used in this Act:

(a) Access refers to making facilities and/or services available to another entity to provide data transmission services. This includes, among others, access to: network elements and associated facilities involving the connection of equipment by fixed or non-fixed means or the physical and logical linking of networks; passive infrastructure including buildings, ducts, and masts, and active infrastructure including software and operational support systems; data transmission networks; and access to virtual network services;

(b) Access list refers to the list of digital infrastructure and services to be determined jointly by the Department of Information and Communications Technology (DICT), the National Telecommunications Commission (NTC), and the Philippine Competition Commission (PCC) where access to such infrastructure and services by another entity is necessary to offer data transmission services competitively. The inclusion of digital infrastructure and services in the list shall promote competition, entry and expansion of new players, and encourage the efficient use of and investment in digital infrastructure;

(c) Access provider refers to an entity that owns, leases, or operate digital infrastructure and services contained in the access list;

(d) Access seeker refers to a data transmission industry participant requesting access to digital infrastructure and services contained in the access list from an access provider;

(e) Active infrastructure refers to the active elements of wireless networks that may be used to support data transmission such as antennas, antenna systems, transmitters/receivers, transmission systems, radio frequency modules, channel elements, and other radio-communications systems and electronic infrastructure and facilities, either existing or to be deployed in the future;

(f) Basic telephone service refers to the local exchange telephone service for residence and business establishments provided via the circuit-switched telephone network;

(g) Core or backbone network refers to the main line, including international connection that ties networks, delivers routes to exchange information among various subnetworks, connects regional distribution networks, and, in some instances, provides connectivity to other peer networks;

(h) Data transmission refers to the process of sending and receiving digital or digitized analog signals over a communication medium to one (1) or more computing networks, communication or electronic devices. It enables the transfer and communication of devices in point-to-point, point-to-multipoint, and multipoint-to-multipoint environments. It includes the provision of Voice over Internet Protocol (VoIP) services but does not include the provisions of basic telephone services;

(i) Data transmission industry participant (DTIP) refers to any entity engaged in the provision of data transmission services as a form of economic activity. Public telecommunications entities (PTEs) and value-added services (VAS) providers, as defined under Republic Act No. 7925 or the "Public Telecommunications Policy Act of the Philippines", and Satellite Systems Providers or Operators (SSPOs) are considered DTIPs to the extent of their businesses engaged in data transmission services, excluding foreign government-controlled entities or state-owned enterprises, except independent pension funds, sovereign wealth funds, and multinational banks;

(j) Dig Once Policy refers to policies, rules, and guidelines that promote coordinated efforts among DTIPs, concerned government entities, and other relevant entities to ensure that DTIPs can easily place and install cables without repeated excavation in buried conduits, which follow engineering standards, thereby substantially minimizing deployment and operations costs;

(k) Digital infrastructure refers to both passive and active infrastructure except broadcast and basic telephone service;

(l) Entity refers to a natural or juridical persons, sole proprietorship, partnership, combination or association in any form, whether incorporated or not, domestic, or foreign, including those owned or controlled by the government;

(m) International gateway facility refers to the segment of data transmission that consists of any facility, including submarine cables, that provides an interface to send and receive data traffic between one country's domestic network facilities and those in another country;

(n) Last mile refers to the segment of the data transmission network that connect end-users, including indoor/in-building networks;

(o) Middle mile refers to the segment of the data transmission network that links the last mile to the core or backbone network;

(p) Open access refers to the system of allowing the use of data transmission networks and associated facilities in a transparent manner, subject to fair, reasonable, and non-discriminatory terms;

(q) Passive infrastructure refers to all types of non-digital and non-electronic telecommunications infrastructure or civil works, including but not limited to, telecommunications towers, poles, dark fiber cables, cable entrances, ducts, utility corridors, and any other similar infrastructure and facilities, either existing or to be deployed in the future, that may be used to support data transmission;

(r) Radio frequency spectrum or Spectrum refers to the continuous range of electromagnetic wave frequencies up to 3,000 gigahertz;

(s) Satellite refers to "communications satellites" or earth-orbiting systems capable of receiving and relaying signals to and from the ground to provide links for use in variety of Information and Communications Technology (ICT) services, such as telephony, radio, television, or broadband internet. For purposes of this Act, satellites used exclusively for space/earth exploration are not included;

(t) Satellite -based technologies refer to technologies for the administration, deployment, or use of communications satellites;

(u) Satellite Systems Providers or Operator (SSPO) refers to providers or operators of satellite systems, whether fixed or mobile, international or domestic, that are dully authorized to provide satellite communications services under the laws of their respective countries of domicile;

(v) Spectrum allocation refers to an entry in the National Radio Frequency Allocation Table (NRFAT) of a given frequency band for its use by one (1) or more telecommunications or data transmission service;

(w) Spectrum assignment refers to the authorization given by the NTC for an entity to use specific frequencies or channels under specified conditions. It includes spectrum reassignment and joint use or co-use;

(x) Spectrum recall refers to the process by which the State, through the NTC, reclaims spectrum assignment previously granted to an entity;

(y) Underserved areas refer to areas that have unreliable and inadequate ICT services, as may be defined by the DICT;

(z) Underutilized spectrum refers to a spectrum assigned to an entity that is not being utilized efficiently, pursuant to the Spectrum Management Policy Framework (SMPF) under Section 10 of this Act, and standards and parameters determined by the NTC;

(aa) Unserved areas refer to areas that do not have DTIPs and ICT services, as may be defined by the DICT;

(bb) Unutilized spectrum refers to a spectrum assigned to an entity that is not being utilized, or is solely being utilized for purposes not authorized by the SMPF under Section 10 of this Act, and standards and parameters determined by the NTC; and

(cc) Voice over Internet Protocol (VoIP) refers to the provision of voice communication using Internet Protocol (IP) technology.