Section 6Sec./Art. 6

Department of Information and Communications Technology. - The DICT shall be the primary policy, planning, coordinating, implementing, and administrative entity of the government that will plan, develop, and promote the national ICT agenda with its mandate under Republic Act No. 10844 or the "Department of Information and Communications Technology Act of 2015", and in accordance with international agreements and conventions to which the Philippines is a party. In line with this mandate, the DICT shall be the highest policy-making body on data transmission and connectivity matters and shall have the following powers and functions:

(a) Formulate plans and policies to implement an open-access approach for the promotion of investment and healthy competition in, and the regulation of the data transmission sector;

(b) Ensure the adoption of technology-neutral policies that allow DTIP to use any available technology to provide services;

(c) Assist the PCC in promulgating policies governing DTIPs and/or access providers with significant market power;

(d) Formulate policies to govern the determination of eligibility criteria for the registration of DTIPs by the NTC;

(e) Pursue policies, in coordination with the NTC, to secure necessary orbital slots for Philippine satellites;

(f) Pursue plans, programs, activities, or initiatives to incentives DTIPs to invest in, adopt, roll out, implement, establish, own, maintain, operate, or utilize new and next-generation technologies, giving priority to unserved or underserved areas. The departmental plans, programs, activities, or initiatives shall include, but not limited to, effectively coordinating with the Board of Investments (BOI), Philippine Economic Zone Authority (PEZA), Fiscal Incentives Review Board (FIRB), local government units (LGUs), and other government agencies or instrumentalities, for the issuance and implementation of policies for the grant of applicable incentives and benefits;

(g) Develop an SMPF, in coordination with the NTC and the PCC and in consultation with relevant stakeholders, within one (1) year from the effectivity of the implementing rules and regulations (IRR) of this Act, and regularly update the same every four (4) years or as necessary;

(h) Define and identify areas that are underserved and unserved by any existing DTIP, and update the same as necessary: Provided, That areas near educational institutions shall be prioritized:

(i) Recommend performance standards for DTIPs to NTC;

(j) Formulate policies to safeguard local data, when necessary to advance national security and public interest, with primary given to cross-border data flows as a key enabler of the global economy; and

(k) Promulgate such other policies or guidelines necessary to achieve the objectives of this Act.

The DICT may consult or coordinate with relevant government departments, agencies, bureaus, or instrumentalities, and LGUs in the formulation of its policies and guidelines.

All non-internal policies and guidelines issued by the DICT shall be subject to prior public consultations or hearings.