Anti-Cable Television and Cable Internet Tapping Act of 2013

April 17, 2013

REPUBLIC ACT NO. 10515

AN ACT PROHIBITING AND PENALIZING UNAUTHORIZED INTERCEPTION, RECEPTION OR USE OF ANY SIGNAL OR SERVICE OVER A CABLE TELEVISION SYSTEM OR CABLE INTERNET SYSTEM AND/OR NETWORK, AND FOR OTHER PURPOSES

SECTION 1. Short Title. — This Act shall be known as the "Anti-Cable Television and Cable Internet Tapping Act of 2013".

SECTION 2. Declaration of Policy. — The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. Pursuant thereto, this Act aims to protect the Cable Television and Cable Internet Industries from cable pilferage.

SECTION 3. Definition of Terms. — As used in this Act:

(a) Cable Television (CATV) Service refers to the transmission or delivery of video and audio signals and programming for a fee, through fiber optics, coaxial cable and other technological means.

(b) Cable Internet Service refers to the transmission or delivery of electronic signals for a fee, to provide and facilitate access to the worldwide web, for a fee, through a CATV transmission or delivery system/network.

(c) Cable Television (CATV) System/Network refers to a facility engaged in the transmission or delivery of video and audio signals and programming for a fee, through fiber optics, coaxial cable and other technological means. CITaSA

(d) Cable Internet System/Network refers to a facility engaged in the transmission or delivery of electronic signals for a fee, to provide and facilitate access to the worldwide web, for a fee, through a CATV transmission or delivery system/network.

(e) Cable Television (CATV) Service Provider refers to any person, natural or juridical, public or private, which was granted a Certificate of Authority or Provisional Authority as provided under existing laws, rules and regulations, to install, operate and maintain a CATV System/Network and is actually providing Cable Television (CATV) Service to its subscribers.

(f) Cable Internet Service Provider refers to any person, natural or juridical, public or private, which was issued a registration certificate as provided under existing laws, rules and regulations, to provide and facilitate access to the worldwide web, for a fee, through a CATV transmission or delivery system/network and is actually providing Cable Internet Service to its subscribers.

SECTION 4. Prohibited Acts. — It is hereby declared unlawful for any person, whether natural or juridical, public or private, to:

(a) intercept or receive, or assist in intercepting or receiving, any signal offered over a cable television system or a cable internet system by tapping, making or causing to be made, any connection to an existing CATV System/Network or Cable Internet System/Network without the authority of the concerned CATV Service Provider or Cable Internet Service Provider;

(b) record, reproduce, distribute, import or sell, any intercepted or received CATV System/Network signals for commercial purposes without the authority of the concerned CATV Service Provider or Cable Internet Service Provider;

(c) use or receive any direct or indirect benefit from any CATV System/Network or Cable Internet System/Network with knowledge that it is a result of any of acts enumerated in paragraphs (a) or (b) above; or

(d) wantonly, maliciously and willfully damage, destroy or remove CATV and/or Cable Internet facilities and accessories of authorized CATV and/or Cable Internet Service Providers.

SECTION 5. Penalties. — Any person who commits any of the unlawful acts enumerated in the next preceding section shall be punished with imprisonment of not less than two (2) years but not more than five (5) years or a fine of not less than Fifty thousand pesos (P50,000.00) nor more than One hundred thousand pesos (P100,000.00) or both, at the discretion of the court. If the offender is a corporation or association, the president, manager, managing partner or any officer of the corporation or partnership who directly participated in the violation of this Act shall be held liable. EDcIAC

SECTION 6. Information Dissemination. — Within sixty (60) days after the effectivity of this Act, the National Telecommunications Commission shall undertake an information dissemination campaign to inform the public of the existence of this Act.

SECTION 7. Rules and Regulations. — The National Telecommunications Commission, in consultation with CATV and Cable Internet Service Providers and other affected parties, shall, within sixty (60) days after the conduct of public hearings which must commence within thirty (30) working days upon the effectivity of this Act, issue the implementing rules and regulations to ensure the efficient and effective implementation of the provisions of this Act.

SECTION 8. Separability Clause. — If, for any reason, any section or provision of this Act is held invalid or unconstitutional, the remainder of the law or the provisions not otherwise affected shall remain valid and subsisting.

SECTION 9. Repealing Clause. — All laws, presidential decrees or issuances, executive orders, letters of instruction, administrative orders, rules or regulations contrary to, or inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly.

SECTION 10. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation.

Approved: April 17, 2013.