Safe Overhead Electric Distribution, Cable, and Communications Lines Act

CONGRESS OF THE PHILIPPINES TWENTIETH CONGRESS First Regular Session HOUSE OF REPRESENTATIVES H. No. 7565 BY REPRESENTATIVES ROMUALDO, RIVERA, FRESNEDI, ROMAN, DY (F.), MARCOS, POE, MADRONA, DOMOGAN, ORETA, HERNANDEZ. (C.A.), UY (R.), PLEYTO, LACSON, DIMAGUILA, SUNTAY, ANGELES, BAUTISTA-LIM, BARRA, CAGAS, DOMINGO, DAGOOG, AGYAO, MANGUDADATU, EMANO, COLLANTES, LEGACION, ACOSTA, CRUZ (A.), ALVAREZ (J.), VILLAPUERTE (M.L.), SINGSON-MREHAN, DE JESUS, VERGARA, SALVAME, YAP (A.), LUMAYAG, DALOG, MOMO, RODRIGUEZ (M.), SANTOS (M.Á.), GONZALES (R.), DEL MAR, LAGDAMBO (J.M.), ODUCADO, YAP (C.), DEFENSOR AND LAGON (S.) MANDATING THE PROPER INSTALLATION AND MAINTENANCE OF OVERHEAD ELECTRIC DISTRIBUTION, COMMUNICATION LINES, AND STRUCTURES BY ALL ELECTRIC DISTRIBUTION, CABLE, TELECOMMUNICATIONS COMPANIES FOR PURPOSES OF PUBLIC SAFETY AND GOOD HOUSEKEEPING Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Tille. -- This Act shall be known as the "Safe Overhead Electric

Distribution, Cable, and Communications Lines Act."

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to:

(a) Ensure the safety and protection of life and property; (b) Uphold the general welfare; and (c) Promote good housekeeping and implement sound maintenance of utility poles, lines, cables, equipment and accessories in the conduct and delivery of services by electric, cable and telecommunications companies to their clients.

SEC. 3. Responsibility of Electric Distribution, Cable, and Telecommunications

2 Companies. - It shall be the responsibility of electric distribution, cable, and telecommunications companies to safeguard life and property in the conduct and delivery of services to their clients. All electric distribution, cable, and telecommunications companies shall ensure public safety and prepare contingencies for calamities, infrastructure developments, and any unforeseen event that may cause harm, expose a person to peril and cause damage to property, by undertaking necessary precautionary measures to prevent the same. Electric distribution, cable, and telecommunications companies shall implement sound maintenance programs in all their service areas. To this end, all electric distribution, cable, and telecommunications companies shall perform the following: (a) Conduct periodic inspection of overhead electric distribution and communication lines, in compliance with the standard clearance under the Philippine Electrical Code Part 2 (PEC 2) and as provided for in this Act or its implementing rules and regulations (IRR); (b) Fix and bundle-up dangling overhead secondary and communication lines; (c) Remove unused overhead electric distribution and communication lines; (d) Remove unused poles, relocate obstructing poles along carriageways and public roads, and replace damaged or rotten utility poles; and (e) Strictly adhere to and ensure compliance with the standards and regulations provided under the Philippine Electrical Code (PEC), as approved and adopted by the Board of Electrical Engineering of the Professional Regulation Commission pursuant to the mandate vested upon the Board under Republic Act (R.A.) No. 7920, otherwise known as the "New Electrical Engineering Law"; National Building Code; and RA. No. 11361, otherwise known as the "Anti-Obstruction of Power Lines Act."

SEC. 4. Joint Use of Structures. - The joint use of structures shall be encouraged

for overhead electric distribution and communications line along highways, roads, streets, and alleys. The choice between joint use of structures and separate lines shall be 4 determined through collaborative consideration of all the factors involved, including the s connection of the lines, the total number and weight of conductors, tree conditions, number and location of branches and service drops, structure conflicts, and availability of 7 right-of-way (ROW) and other factors as may be provided in the implementing rules and 8 regulations of this Act. Where such joint use is mutually agreed upon, it shall be subject to the appropriate 10 grade of construction specified in Article 3.5 of PEC 2.

SEC. 5. Responsibility of the Local Government Units (LGUs). - All cities and

municipalities shall, through their respective city or municipal engineers or the Department of Public Works and Highways (DPWHi) in the case of national roads, ensure that every utility company, within their tenitorial jurisdiction, comply with the provisions of Section 3 of this Act. Within sixty (60) days from the effectivity of the IRR of this Act, the Sangguniang Panlungsod or Sangguniang Bayan concemed shali, pursuant to R.A. No. 7160, as amended, otherwise known as the "Local Government Code of 1991", enact an ordinance governing the overhead installation and the implementation of the responsibility of electric distribution, cable and telecommunications companies pursuant to Section 3, electric distribution lines, cables and utility poles, in accordance with the Electrical Code, National Building Code (NBC), and R.A No. 11361, and in consultation with the agencies concerned. The city or municipal engineer, or the authorized representative of such city or municipality shall, in addition to the authority to withhold the grant or renewal of licenses or 26 business permits, file a complaint against the electric distribution, cable, or telecommunications company, which fails to conduct periodic inspection of its respective utility line installations or fix or bundle up its utility lines or remove all old and unused lines in violation of the regulations and standards provided for under the PEC 2 before the court of competent jurisdiction. Any person may file an administrative complaint against

I the city or municipal engineer who fails to monitor the compliance of electric distribution, 2 cable, and telecommunications companies with the standards and regulations provided 3 under the PEC 2. Once it has been notified of a possible violation, the city or municipality, or the DPWH in the case of national roads, shall send notice to the erring company to rectify its error 6 within a reasonable time or to explain its reasons for failure to comply with the standards 7 set forth in R.A. No. 7920, otherwise known as the "New Electrical Engineering Law," 8 and its implementing rules and regulations. Upon failure to rectify its error or continuous non-compliance without justifiable cause, 10 the city or municipal engineer, or the DPWH in the case of national roads, may conduct an investigation upon due notice to the erring company. A finding of fault by the authorized 12 person conducting the investigation may result in the withholding of the renewal of the 13 corresponding business licenses or permits for erring electric distribution, cable, and 14 telecommunications companies. The LGU shall notify the public utilities concemed regarding the reported non-compliance with the rules and the standards on setbacks and clearances under the PEC, the NBC, and RA. No. 11361, as provided in this Act.

SEC. 6. Installation of Overhead Electric Distribution Lines, Cables and Utility

Poles and Standard Requirements. - All overhead electric distribution lines, cables, and utility poles shall be inspected by the city or municipal engineer, or the DPWH, whichever is applicable. The installation of overhead electric distribution lines, cables, and utility poles shall conform to the PEC 2, Philippine Distribution Code (PDC), Distribution Services and Open Access Rules, NBC, and other applicable existing local and intemational standards, of which compliance shall be ensured by the Inter-Agency Committee under Section 9 of this Act. The specific location shall be inspected by the engineering officials prior to, during 26 and after the installation. In cases where the ideal location to install a pole is unavailable, the concemed city or municipal govemment, or the DPWH, shall assist the pole owner in identifying and securing the ROW for alternative pole locations, at no cost to the govemment.

Pending the promulgation of standards by the Inter-Agency Committee under 2 Section 9 of this Act, or a uniform set of requirements by the barangay, city, or municipal government unit on the overhead installation and maintenance of electric distribution lines, cables, utility poles, equipment and accessories, the city or municipal goverment shall assist the owner of a facility on issues conceming the same.

SEC. 7. Creation of a Monitoring and Service Team. - A Monitoring and Service

7 Team, led by the city or municipal engineer, whichever is applicable, and composed of representatives from the pole owners and the electric distribution, cable, and telecommunications companies, shall, in coordination with the barangay, city, or municipal engineer or the DPWH, whichever is applicable, be created to perform the immediate and necessary clean-up operation and maintenance of overhead electric distribution lines, cables, utility poles, equipment, and accessories, without any cost from 13 the govemment in compliance with the provisions of this Act. The removal or realignment of lines, cables, and utility poles shall be performed by 15 the concemed utilities. The clean-up operation shall commence within six (6) months 16 from the promulgation of the IRR pursuant to Section 12 of this Act.

SEC. 8. Role of the Monitoring and Service Team. - The Monitoring and Service

Team shall conduct a semi-annual inspection to check compliance with Section 3 of 19 this Act and maintenance of their electric distribution lines, cables, utility poles, 20 equipment and accessories installed in a particular area for the efficient delivery of their services. Maintenance shall include proper bundling, casing and replacement of damaged electric distribution lines and cables, and repair and replacement of utility poles, equipment, and accessories, and retirement of unused lines, cables and utility poles. Upon finding of failure to comply with the relevant regulations, the Monitoring and Service Team shall inform the electric distribution, cable, and telecommunications 26 companies which shall be given a reasonable period of time to relocate and realign displaced lines, cables, utility poles, equipment, and accessories as a result of a public infrastructure work. Prior to the implementation of the construction project, the implementing govemment agency or private entity shall inform and coordinate with the

electric distribution, cable, or telecommunications companies concerned for the reinforcement or relocation of its lines, cables, utility poles, equipment, and accessories. The cost of reinforcing or relocating such lines, cables, utility poles, equipment and accessories shall be shouldered by the implementing agency or private entity of the construction project. The implementing goverment agency of a construction project shall inform and 7 coordinate with the electric distribution, cable, or telecommunications companies concerned for the relocation of its lines, cables, utility poles, equipment and accessories. The cost of relocating such lines, cables, utility poles, equipment and accessories shall be shouldered by the implementing agency of the construction project. The implementing govemment agency shall provide its plans, specifications and provide utility corridors for the adequate evaluation of the design, construction, operation, and maintenance of facilities. All costs that shall be incurred in the necessary relocation of facilities of the public utilities concemed as a result of such public infrastructure work shall be bome by 15 the implementing agency or project proponent as part of its obligation to deliver the 16 ROW, or by the private concessionaire, as the case may be. A real-time inspection and monitoring shall be done in cases of emergencies and calamities.

SEC. 9. Inter-Agency Committee. - Within sixty (60) days from the effectivity of the

20 IRR of this Act, an Inter-Agency Committee, to be chaired by the Energy Regulatory Commission (ERC) and composed of authorized representatives from the DPWH, Department of the Interior and Local Govemment (DILG), Department of information and Communications Technology (DICT), National Telecommunications Company (NTC), National Transmission Corporation (TransCo), National Electrification Administration (NEA), Department of Human Settlements and Urban Development (DHSUD) and representatives from the LGUs and public utilities, is hereby created to set the prescribed standards in the overhead installation of lines, cables, utility poles, equipment, and accessories, monitor the same and conduct periodic inspection thereof to ensure compliance thereto and shall jointly plan for the conduct of clean-up drives, identify issues, prioritize key areas, recommend best practices or way forward, to ensure

1 compliance of the latter with applicable existing laws, rules, and regulations of relevant 2 agencies or offices of the goverment, such as the PEC, the PDC, and the NBC. The Inter-Agency Committee may invite resource persons, if deemed necessary, from 4 Professional Regulatory Board of Electrical Engineering (PRBEE), Professional 5 Regulatory Commission-Board of Electronics and Communications Engineering 6 (PRC-BECE), the Institute of integrated Electrical Engineers of the Philippines (lEE) and 7 two (2) representatives from the private sector.

SEC. 10. Penalty Provisions. - In addition to the civil liabilities prescribed by Article

9 2176 of the Civil Code on quasi delict and the penalties prescribed by Article 365 of the Revised Penal Code on criminal negligence, and unless otherwise provided under special laws, an electric distribution, cable, or telecommunications company found in violation of any provision of this Act, may be punished with a fine of not less than Two hundred fifty thousand pesos (P250,000.00) but not more than Five hundred thousand pesos (Pº500,000.00) for the first offense; a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00) for the second offense; and a fine of not less than One million pesos (PI,000,000.00) but not more than 17 Two million pesos (P2,000,000.00) for the third and succeeding offenses, as may be 18 determined by the court.

SEC. 11. Transitory Provision. - Within five (5) years upon the effectivity of this Act,

electric distribution, cable, or telecommunications companies concerned, in coordination with relevant agencies and offices of the govemment, shall comply with the existing rules and regulations until such time the Inter-Agency Committee has promulgated the new 23 guidelines or standards as mandated under Section 9 hereof.

SEC. 12. Joint Congressional Oversight Committee (JCOC). - There is hereby

created a joint Congressional Oversight Committee to monitor the effective implementation of this Act, recommend the necessary remedial or administrative measures, and perform such other duties and functions as may be necessary to attain the objectives of this Act.

The JCOC shall be composed of ten (10) members, with the Chairpersons of the Committees on Energy of both Houses of Congress as Co-Chairpersons. The Chairpersons of the House Committee on Information and Communications Technology and Senate Committee on Public Services shall be the Co-Vice Chairpersons. An additional three (3) members from each House shall be designated by the Senate President and the Speaker of the House of Representatives, respectively: Provided, That at least one (1) member from each House shall be nominated by their respective Minority Leaders. The Secretariat of the JCOC shall be the existing secretariat personnel of the concerned Committees of both Houses of Congress.

SEC. 13. Implementing Rules and Regulations. - Within one hundred twenty (120)

days, the ERC shall, in consultation with the DPWH, DILG, DICT, NTC, TransCo, PREE, PRC-BECE, NEA, IIEE, DHSUD, Institute of Electronics Engineers of the Philippines, and representatives from the LGUs, the electric distribution, cable, and telecommunications companies, promulgate the necessary IRR from the effectivity of 15 this Act.

SEC. 14. Separability Clause. - If, for any reason, any provision of this Act is

17 declared unconstitutional or invalid, the other provisions hereof which are not affected 18 thereby shall continue to be in full force and effect.

SEC. 15. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts

thereof, which are inconsistent with or contrary to the provisions of this Act, are hereby repealed, amended or modified accordingly.

SEC. 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication

23 in the Official Gazette or in a newspaper of general circulation. Approved,