Guidelines on the Use of the Free Public Internet Access Fund ("FPIAF")

June 3, 2019

DICT DEPARTMENT ORDER NO. 02, S. 2019

 

WHEREAS, Section 5 of Republic Act No. 10929, otherwise known as "Free Internet Access in Public Places Act" provides that "The DICT shall be the lead implementing agency that will oversee the effective and efficient implementation of this Act."

WHEREAS, Section 5 (a) of the Free Internet Access in Public Places Act provides that "For purpose of administering the provisions of this Act, the DICT shall: (a) within one (1) year from the effectivity of this Act, develop a comprehensive plan for the timely and effective implementation and propagation of the Program";

WHEREAS, Pursuant to Section 17 of Republic Act No. 10929, the Free Public Internet Access Fund (FPIAF) shall be under the management of the DICT and shall be sourced from the Spectrum Users Fees (SUF) collected by the National Telecommunications Commission; HTcADC

WHEREAS, Section 18 of Republic Act No. 10929 states that: "The amount necessary for the immediate and effective implementation of this Act shall be charged against any available funds of the DICT, the NTC, and the National Privacy Commission. Thereafter, such sums as may be necessary for the implementation of this Act shall be sourced from the FPIAF. Any deficiency in the budgetary requirements for the implementation of the Act shall be included in the annual General Appropriations Act";

NOW THEREFORE, it is hereby adopted:

SECTION 1. General Scope. — This guidelines is issued in accordance with the provisions of Republic Act No. 10929, otherwise known as "Free Internet Access in Public Places Act" ("RA 10929"), and its Implementing Rules and Regulations ("IRR"). RA 10929 and its IRR provides for the creation of the Free Public Internet Access Fund ("FPIAF"). The FPIAF shall be under the management of the DICT and shall be one of the sources of funds for the implementation of the Free Public Internet Access Program ("Program").

The FPIAF shall be funded out of the Spectrum Users Fee ("SUF") collected by the National Telecommunications Commission ("NTC") and other sources to be identified by the Department of Budget and Management ("DBM").

SECTION 2. Free Public Internet Access Fund. — "There is hereby created a Free Public Internet Access Fund (FPIAF) under the management of the DICT to provide financing for the implementation of the Free Internet Access in Public Places Program. The FPIAF shall be funded out of the Spectrum Users Fees collected by the NTC and other sources to be identified by the Department of Budget and Management. 1 "The amount necessary for the immediate and effective implementation of this Act shall be charged against any available funds of the DICT, the NTC, and the National Privacy Commission. Thereafter, such sums as may be necessary for the implementation of this Act shall be sourced from the FPIAF. Any deficiency in the budgetary requirements for the implementation of the Act shall be included in the annual General Appropriations Act." 2

SECTION 3. Expenditures of the FPIAF. —

a) Expenditure from the FPIAF. Expenditures from the FPIAF shall be made only by or as authorized by the DICT and such expenditures shall be made only in accordance with the provisions of RA 10929, its IRR and issued guidelines, as well as the government accounting, budgeting and auditing rules and regulations.

b) Expenditures by the Free Internet Access in Public Places Program. Each year, there shall be payable out of the FPIAF all costs and expenses of the Program arising out of the performance of its objectives and the administration of RA 10929 and its IRR, and as stated in the duly approved Annual Work and Financial Plan. CAIHTE

i. Program Management and Monitoring Expenditures. This covers the administrative, monitoring and evaluation, promotional and capacity building initiatives of the Program.

ii. Network Component Expenditures. This covers expenditures for securing and/or providing the essential network components listed below, among others, which are to be provided, procured, or leased, as determined in the duly approved Annual Work and Financial Plan.

a. International backbone refers to the primary level of data routing between large, strategically-connected networks on the Internet, hosted by high-capacity network centers. Specifically, the international backbone connects the Access network to the global Internet gateway and serves as the first point of entry for data.

b. Domestic backbone is the second data link which connects the international backbone to respective provinces.

c. Middle mile refers to the third data link level connecting the domestic backbone to municipalities.

d. Last mile serves as the final link level and connects the middle mile to last mile to actual beneficiary sites (e.g., parks, plazas, schools, etc.)

e. Network Equipment are electronic devices with supporting civil/mechanical/electrical works which will be used to provide the Internet access service. This includes the deployment and network integration of base stations, access points, switches, routers, microwave radio, wireless bridges, customer premises equipment and servers, among others.

f. Network Operations Monitoring and Maintenance Services which are necessary to sustain the Internet access service.

The DICT Secretary shall approve any project, activity, or initiative that shall be chargeable against the FPIAF, as recommended by the Management Committee of the Free Public Internet Access Fund (FPIAF). 3

SECTION 5. n Separability Clause. — If any part or provision of this Department Order is held unconstitutional or invalid, other parts of provisions, which are not affected will continue to remain in full force and effect.

SECTION 6. Repealing Clause. — All other Department Orders, Circulars, Special Orders, Office Orders, and/or other issuances inconsistent herewith are hereby superseded or modified accordingly. aScITE

SECTION 6. Effectivity. — This Department Order shall take effect immediately following its filing with the Office of the National Administrative Register, University of the Philippines Law Center and posting at the DICT Website.

 

(SGD.) ELISEO M. RIO, JR.Acting Secretary

 

Footnotes

1. Section 17 of Republic Act No. 10929.

2. Section 18 of Republic Act No. 10929.

3. DICT Special Order No. 460 dated October 4, 2018, series of 2018.

n Note from the Publisher: Copied verbatim from the official copy. Missing Section 4.