“The liberalization of critical infrastructure, when not accompanied by adequate safeguards, can lead to unintended consequences”
Senate Bill 2699, or the “Konektadong Pinoy Act,” presents itself as a solution to improve connectivity, enhance access to high-speed internet, and close the digital divide in the Philippines.
While these are objectives that need urgent action, the bill, upon closer scrutiny, threatens to compromise national security, undermine the integrity of the country’s radio frequency spectrum which is a critical and finite natural resource.
The spectrum is as valuable as our water, forests, and mineral reserves.
The 1987 Philippine Constitution mandates the government to protect and manage these resources for the benefit of the Filipino people, both present and future generations.
Senate Bill 2699 proposes a radical shift in this approach by eliminating the need for a congressional franchise and diminishing the regulatory powers of the National Telecommunications Commission (NTC).
This move could lead to the unregulated exploitation of the spectrum.
The Public Trust Doctrine, upheld by the Philippine Supreme Court, emphasizes the State’s role as a trustee of natural resources.
The government must manage these resources in a way that prioritizes public welfare over private gain.
Senate Bill 2699 risks violating this principle by loosening the requirements for spectrum allocation.
The bill’s proponents argue that reducing regulatory barriers will foster competition and spur economic growth.
However, the spectrum, like water or mineral resources, is a natural asset that requires stringent regulation to prevent degradation and ensure quality service for consumers.
The removal of the legislative franchise requirement and the reduction of the NTC’s regulatory powers could allow unscrupulous players to gain access to our telecommunications networks.
Without rigorous vetting, the country risks opening its doors to entities that may not have the best interests of the nation at heart.
This concern is not unfounded, given our recent experience with the liberalization of online gaming, which led to various social, economic, and security issues.
In telecommunications, the stakes are even higher.
A compromised network could have dire consequences for national security, from espionage and data breaches to the potential disruption of essential services.
The government has a duty to ensure any entity granted access to the nation’s critical infrastructure is thoroughly vetted and operates under stringent oversight.
Senate Bill 2699, as it stands, undermines this duty and places the nation at risk.
The NTC currently plays a vital role as a quasi-judicial body that scrutinizes applicants, ensuring that only those who meet stringent legal, technical, and financial criteria are granted access to the spectrum.
This vetting process is designed to prevent entities that may not be capable of providing reliable service or that may pose a risk to national security from entering the market.
By reducing the NTC’s role to a mere registrar, Senate Bill 2699 effectively strips the commission of its ability to protect the public interest.
Furthermore, the bill’s emphasis on speed and efficiency should not cause a decline in service quality and security.
The result could be a telecommunications landscape dominated by operators who prioritize profit over service, leaving consumers with subpar internet access and a weakened digital infrastructure.
It is imperative that lawmakers approach Senate Bill 2699 with caution.
The bill’s well-intentioned goals must be balanced against the need to protect the public interest, national security, and the integrity of our telecommunications spectrum.
Efforts should be focused on enhancing the NTC’s capabilities, improving its efficiency, and ensuring that it has the tools necessary to oversee a rapidly evolving telecommunications landscape.
Opening up the telco market by relaxing strict regulations intended to protect national patrimony and interest does not necessarily help bridge the digital divide or result in universal, sustainable, inclusive and meaningful (USIM) connectivity as in the case of the entry of third telco DITO wherein state-owned China Telecommunications Corporation is the second biggest stakeholder.
The liberalization of critical infrastructure, when not accompanied by adequate safeguards, can lead to unintended consequences that far outweigh the aspired benefits.
As Filipino consumers and citizens, our lawmakers must adequately protect our security and our national patrimony in the digital domain.
While fast connectivity to boost economic growth is a top priority, it should not come at the cost of our nation’s security, sovereignty, and long-term welfare.
Our collective aspiration for inclusive prosperity must be sustainable and secure.
