Expanding access, redefining competition

The passage of Republic Act No. 12234, or the Konektadong Pinoy Act (KPA), together with its Implementing Rules and Regulations (IRR), marks a significant shift in how the Philippines approaches digital infrastructure.

- JAYSON P. BALTAZAR

Positioned as a comprehensive framework for data transmission and connectivity, it aims to dismantle long-standing structural barriers in the telecommunications sector while accelerating universal internet access. Yet, as with any transformative reform, its promise is matched by the complexity of its implementation.

OPEN ACCESS AS A STRUCTURAL RESET

At the heart of the law is the adoption of an open access framework, designed to liberalize participation in the data transmission industry. The IRR provides that all segments of the network, from international gateways to last-mile connectivity, are to be competitive and open, allowing qualified entities to build and operate networks without the need for a legislative franchise.

This marks a significant departure from the restrictive system governing telecommunications. By lowering entry barriers, the law seeks to encourage new players, including smaller and community-based providers, to participate in expanding connectivity, particularly in underserved and unserved areas.

INFRASTRUCTURE SHARING AND COST EFFICIENCY

The KPA also highlights infrastructure sharing as a key policy direction. Access providers and owners of passive infrastructure are required to make essential facilities, such as towers, ducts, and fiber, available on fair and non-discriminatory terms.