Anti-dangling Wires Act

Senate Offier of the rarelary TWENTIETH CONGRESS OF THE ) 25 AUG 20 P3:36 REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SENATE S. No. 1226 Introduced by Senator Raffy T. Tulfo AN ACT MANDATING THE PROPER INSTALLATION AND MAINTENANCE OF OVERHEAD ELECTRIC DISTRIBUTION, COMMUNICATION LINES, AND STRUCTURES BY ALL ELECTRIC DISTRIBUTION, CABLE, AND TELECOMMUNICATIONS COMPANIES EXPLANATORY NOTE The presence of dangling cable wires has become a prevalent issue in both urban and rural areas across the country. This not only detracts from the visual appeal of these areas but also poses a significant public safety hazard. Numerous accidents have been reported due to the improper installation of utility poles. In 2014, two students and an employee were electrocuted by live dangling wires during heavy floods in Manila. In 2015, a teenager was killed when a PLOT'S concrete post collapsed when a truck dragged the dangling and low-lying cable wires in Cebu. In 2022, a car crashed into a utility pole situated in the middle of the road in Leyte. In 2023, several accidents were reported due to the dangling wires improperly installed by a telephone company in Quezon City. It is the policy of the State to protect life and property and to promote the general welfare. It is imperative that there should be proper maintenance of utility cables, poles and lines to prevent further accidents from happening. This proposed bill aims to mandate a periodic inspection of overhead electric distribution and communication lines, in compliance with the standard clearance to the Philippine Electrical Code Part 2. The Local Government Units are mandated to ensure that every electric distribution, telecommunication and cable company, within their territorial jurisdiction

must comply with the standards and regulations provided under the Philippine Electrical Code. Furthermore, an Inter-Agency Committee will be established to monitor and set the prescribed standards for the overhead installation of lines, cables, utility poles, equipment, and accessories. In view of the foregoing, the immediate approval of this measure is earnestly sought. RAFFY T. TULFO

Sciate Office of the Scirclarpe TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 25 AUG 20 P3:37 First Regular Session SENATE RECEIVED BY. S. No. 1226 Introduced by Senator Raffy T. Tulfo AN ACT MANDATING THE PROPER INSTALLATION AND MAINTENANCE OF OVERHEAD ELECTRIC DISTRIBUTION, COMMUNICATION LINES, AND STRUCTURES BY ALL ELECTRIC DISTRIBUTION, CABLE, AND TELECOMMUNICATIONS COMPANIES Be it enacted by the Senate and House of Representatives of the Philippines in Congress Assembled:

Section 1. Short Title. — This Act shall be known as the "Anti-Dangling Wires 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

9 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 or 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; (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 (RA) No. 7920, otherwise known as the "New Electrical Engineering Law".

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

circuits along highways, roads, streets, and alleys. The choice between joint use of structures and separate lines shall be determined through collaborative consideration of all the factors involved, including the character of circuits, the total number and weight of conductors, tree conditions, number and location of branches and service drops, structure conflicts, and availability of right-of-way (ROW) and other factors as may be provided in the rules and regulations to be promulgated to implement this Act. Where such joint use is mutually agreed upon, it shall be subject to the appropriate 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 (DPWH) in the case of national roads, ensure that every utility company, within their territorial jurisdiction, comply with the provisions of Section 3 of this Act.

The Sangguniang Panlungsod or Sangguniang Bayan concerned shall, pursuant to RA 2 7160, as amended, otherwise known as the "Local Government Code of 1991", enact an ordinance governing the overhead installation of electric distribution lines, cables and utility poles, in accordance with the Electrical Code, National Building Code (NBC), and RA 11361, otherwise known as the "Anti-Obstruction of Power Lines Act", and in 6 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 9 or 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 the city or municipal engineer who fails to monitor the compliance of electric distribution, cable, and telecommunications companies with the standards and regulations provided 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 within a reasonable time or to explain its reasons for failure to comply with the standards set forth in RA 7920 and its implementing rules and regulations. Upon failure to rectify its error or continuous non-compliance without justifiable cause, 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 person conducting the investigation may result in the withholding of the renewal of the corresponding business licenses or permits for erring electric distribution, cable, and telecommunications companies. The public utilities shall notify the LGU concerned on violations on the issuance of building permits for non-compliance with the rules and the standards on setbacks and clearances under the PEC, the NBC, and RA 11361, as provided in this Act.

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

2 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. 4 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 6 Access Rules, NBC, and other applicable existing local and international standards, of 7 which compliance shall be ensured by the Inter-Agency Committee under Section 9 of 8 this Act. The specific location shall be inspected by the engineering officials prior to, 9 during and after the installation. In cases where the ideal location to install a pole is unavailable, the concerned city or municipal government, or the DPWH, shall assist the pole owner in identifying and securing the right-of-way (ROW) for alternative pole locations, at no cost to the government. Pending the promulgation of standards by the Inter-Agency Committee under 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 government shall assist the owner of a facility on issues concerning the same.

Sec. 7. Creation of a Monitoring and Service Team. - A Monitoring and Service 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 in compliance with the provisions of this Act. The removal or realignment of lines, cables, and utility poles shall be performed by the concerned utilities. The clean-up operation shall commence within six (6) months from the promulgation of the IRR pursuant to Section 12 of this Act.

1 Sec. 8. Monitoring and Maintenance of Utility Facilities. - The Monitoring and Service 2 Teams shall conduct a semi-annual inspection to check compliance with Section 3 of this 3 Act and to ensure the maintenance of electric distribution lines, cables, utility poles, 4 equipment, and accessories installed in a particular area for the efficient delivery of 5 services. Maintenance shall include proper bundling, casing, and replacement of damaged 7 electric distribution lines and cables; repair and replacement of utility poles, equipment, 8 and accessories; and retirement of unused lines, cables, and utility poles. A real-time inspection and monitoring shall be conducted in cases of emergencies and calamities.

Sec. 9. Relocation and Realignment of Utility Facilities. - Upon finding of failure to

comply with the relevant regulations, the Monitoring and Service Teams shall inform the electric distribution, cable, and telecommunications companies concerned, 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 any construction project, the implementing government agency or private entity shall inform and coordinate with the electric distribution, cable, or telecommunication company concerned for the reinforcement or relocation of its lines, cables, utility poles, equipment, and accessories. The implementing government agency shall provide its plans, specifications, and such other information, for the adequate evaluation of the design, construction, operation, and maintenance of facilities. All costs incurred in the necessary relocation of facilities of the public utilities concerned as a result of such public infrastructure work shall be borne by the implementing agency or project proponent as part of its obligation to deliver the ROW or by the private concessionaire, as the case may be.

Sec. 10. Inter-Agency Committee. - An Inter-Agency Committee to be co-chaired

by the ERC and DPWH and composed of authorized representatives from the Department of the Interior and Local Government (DILG), Department of Information and 30 Communications Technology (DICT), National Telecommunications Company (NTC),

National Transmission Corporation (TransCo), National Electrification Administration 2 (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 compliance of the latter with applicable existing laws, rules, and regulations of relevant 9 agencies or offices of the government, such as the PEC, the PDC, and the NBC. The Inter-Agency Committee may invite resource persons, if deemed necessary, from Professional Regulatory Board of Electrical Engineering (PREE), PRC-Board of Electronics and Communications Engineering (PRC-BECE), the Institute of Integrated Electrical Engineers of the Philippines (IEE) and two (2) representatives from the private sector.

Sec. 11. Penalty Provisions. - In addition to the civil liabilities prescribed by Article

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 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 (P500,000.00) 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 (P1,000,000.00) but not more than Two million pesos (P2,000,000.00) for the third and succeeding offenses, as may be determined by the court.

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 Senate Committee on Public Works, Senate Committee on Public Services, House 4 Committee on Public Works and Highways, and House Committee on Information and Communications Technology shall be the Co-Vice Chairpersons. An additional two (2) 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 9 of the ICOC shall be the existing secretariat personnel of the concerned Committees of both Houses of Congress.

Sec. 13. Implementing Rules and Regulations (IRR). — Within one hundred twenty

(120) days, the ERC and DPWH shall, in consultation with the DILG, DICT, NTC, TRANSCO, PREE, PRC- BECE, NEA, IEE, DHSUD, Institute of Electronics Engineers of the Philippines, and representatives from the LGUs, the electric distribution, cable, and 15 telecommunications companies, promulgate the necessary IRR from the effectivity of this 16 Act.

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

declared unconstitutional or invalid, the other provisions hereof, which are not affected 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 in the Official Gazette or in a newspaper of general circulation. Approved,