[ANALYSIS] Why the Konektadong Pinoy Act should not be signed in its present form

Upgrade to High-Speed Internet for only ₱1499/month!

Enjoy up to 100 Mbps fiber broadband, perfect for browsing, streaming, and gaming.

Visit Suniway.ph to learn

The President should give stakeholders a chance to share their added insights for a new version that will aptly achieve the vision for universal connectivity in the country

President Ferdinand Marcos Jr. is strongly urged not to sign the submitted version of the Konektadong Pinoy Act. From its present form, certain provisions of the bill may unintentionally expose the country to a range of cybersecurity risks, simultaneously creating vulnerabilities that could threaten the quality and state of our social and economic life resulting from irresponsible exploitation and grave abuse.  

Also, as China watchers are pointing out, it bears traces of the subtle and covert but deceitful ploy of China that it previously rolled out in the political sphere to make inroads into the internet and communication space of Japan, which was foiled, but which Brazil is currently struggling with as an unwitting target.  

Indeed, the bill’s aim of expanding internet access and modernizing the country’s digital infrastructure is no doubt overdue and exigently necessary. The country truly deserves to be connected, faster and better.  

Nevertheless, the need for the bill to be enhanced with stronger safeguards and corresponding amendments from its present form is arguably essential for the government to truly achieve its vision of universal connectivity that will boost the country’s quality of information and communication infrastructure in addition to bringing its competitive edge to the rest of the world into a higher level. 

Socio-economic risks

Hand in hand with its national security issues is the economic and social risks that it may create.  

Of important significance, new players are exempted from registration or authorization for satellite direct access services from the Department of Information and Communications Technology (DICT) or the National Telecommunications Commission (NTC). This means that new players, especially foreign-owned Data Transmission Industry Participants (DTIPs) and satellite operatorsm, can connect directly to Filipino users and use broadcast spectrum even without a telco partner or a congressional franchise. This contradicts the bill’s principle of “technology neutrality” and creates a “dangerous backdoor” for unregulated entities to operate.

The infrastructure of foreign-owned entities, if already existing, could also be located and operated outside the Philippines, and yet all the same given preferential treatment that deviates from the normal standards of vetting process or oversight regulation.  

Under these circumstances, the quality of information is not just at risk but its unhindered availability to users can produce undesirable outcomes.  

One does not need to have a rocket-science intellectual acumen to understand, much less to imagine, the grave consequences it may cause to the less-schooled and economically challenged segment of the population — not to forget the gullibility and unrestrained curiosity of minors. 

Wild as it may be but entirely possible, casinos would now be readily found right inside the pockets of anyone with a smartphone.

Anyone can gamble anywhere at any hour of the day. Minors can also gamble while in school, where they should be studying, if unsupervised.   

This situation could easily end up in resurrecting as well as contribute to the proliferation of illegal POGO (Philippine Offshore Gaming Operators) activities since internet and communication services can be available even in far-flung places of the archipelago.  

POGO operators could also literally locate themselves now in hard-to-find or inaccessible rural centers and be protected by their natural cover of isolation.  

Authorities already find it hard to discover the illegal sites of POGO operations even in the more easily accessible suburban areas, what more if they are hidden and protected in the rugged terrains of far-flung places? 

We have seen what the POGOs have produced: it has led to human trafficking, financial scams, prostitution, torture, money laundering, and illegal drug trade with its accompanying crimes.

Dangers to local providers

Ariel Tubayan, vice president of Globe Telecom’s Legal Policy Group and Roy Ibay, vice president of Smart Telecom’s Regulatory Affairs, who recently both spoke for the side of the Philippine Chamber of Telco Operators (PCTO) at the Monday Circle Forum, provided further insights on what legal and constitutional dangers the bill could expose their association and relevant local players, the public and even the government. (READ: Road to faster internet? Congress moves to ease ISP restrictions)

On their part, the bill significantly places the legal and financial status of their rank to a disadvantage. They are exposed to uneven playing field and unfair competition. Their ranks continue to bear the burden of extensive regulation, while new entrants operate with less scrutiny.  

For instance, the bill does not require new entrants to serve geographically isolated and disadvantaged areas (GIDAs). New players may just have to focus their ventures solely on profitable urban centers, leaving rural communities still underserved.

Conversely, the government may lose its emergency powers to ensure continuity or control over connectivity in times of national emergency and protect public interest when so required in its present form.  

Furthermore, the bill may also unnecessarily open the country to violate treaty agreements relative to satellite frequency use and concomitant prior notification requirements.  

Needless to say, the present form of the bill is lacking on substance built on strong legal foundations, fair policy, and mutual accountability.

Thus, President Marcos Jr. should veto the bill that is now awaiting his signature and give the PCTO and other related stakeholders like the Federation of International Cable TV Associations of the Philippines and the Philippine ICT Organization a chance to share their added insights for a new version that will aptly achieve the vision for universal connectivity in the country — and be passed by the 20th Congress. – Rappler.com

(The article has been prepared for general circulation for the reading public and must not be construed as an offer, or solicitation of an offer to buy or sell any securities or financial instruments whether referred to herein or otherwise.  Moreover, the public should be aware that the writer or any investing parties mentioned in the column may have a conflict of interest that could affect the objectivity of their reported or mentioned investment activity.   You may reach the writer at densomera@yahoo.com)