Proper Installation and Maintenance of Overhead Electric Distribution and Communication Lines Act

Senate Office of the Breretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 26 FEB 11 P1:31 First Regular Session SENATE RECEIVED BY: S.B. No. 1836 Introduced by SENATOR IMEE R. MARCOS AN ACT MANDATING THE PROPER INSTALLATION AND MAINTENANCE OF OVERHEAD ELECTRIC DISTRIBUTION, COMMUNICATION LINES, AND RELATED STRUCTURES EXPLANATORY NOTE

Section 24, Article II of the 1987 Constitution provides that, "The State

recognizes the vital role of communication and information in nation-building." Two basic utilities are now crucial for survival in the digital age: electricity and internet. Governments must ensure that access to these basic rights are readily available and are efficiently maintained. Power demand continues to grow, with the Department of Energy projecting a 6.6% growth in power demand over the next two years. Such growth necessitates stronger capacity growth and by extension, distribution growth. As such, the government must ensure continuous, reliable, and more efficient service from power distribution companies to deliver the basic energy needs of every Filipino household. The digital shift has pushed everyone to connect online to improve productivity. As of February 2025, there are 97.5 million internet users in the Philippines with 83.8% Internet user penetration rate. The country has a median download speed of 35.56 megabits per second (Mbps) for mobile internet and 93.68 Mbps for fixed broadband. These numbers represent a sizeable improvement from the median download speed of 18.79 megabits per second (Mbps) for mobile internet and 49.10 Mbps for fixed broadband recorded in 2022. From 2024 to 2025, median mobile internet download speed increased by 7.81 Mbps (28.1%), while fixed internet connection download

speed increased by 1.49 Mbps (1.6%) during the same period. To maintain this development, the government needs to ensure that telcos are able to sustain fast connectivity in the country despite high demand periods. This bill seeks to uphold the general welfare of clients by improving the reliability of transmission lines for power and telecommunications by ensuring the sound maintenance of utility poles, cables, equipment, and accessories. It mandates all electric and telecommunication companies to conduct periodic inspections of their respective utility lines. In addition, local government units are tasked with monitoring the performance of the distribution companies within their jurisdiction. For the foregoing reasons, the passage of this bill is earnestly sought. Imeé h. Marea IMEE R. MARCOS

Dellate Offier of the sorcretarp TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 26 FEB 11 P1:31 First Regular Session SENATE RECEIVED BY: S.B. No. 1836 Introduced by SENATOR IMEE R. MARCOS AN ACT MANDATING THE PROPER INSTALLATION AND MAINTENANCE OF OVERHEAD ELECTRIC DISTRIBUTION, COMMUNICATION LINES, AND RELATED STRUCTURES 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 "Proper Installation

and Maintenance of Overhead Electric Distribution and Communication Lines Act."

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

ensure the safety and protection of life and property of every person in the Philippines and uphold the general welfare of the public. It is also the responsibility of the government to promote good housekeeping and implement sound maintenance of utility poles, lines, cables, equipment and accessories in the conduct and delivery of services by electric distribution, cable, and telecommunications companies to their clients.

SEC. 3. Responsibility of Electric Distribution and Telecommunications

Companies. - It shall be the responsibility of the electric distribution and telecommunication companies to 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. Toward this end, all electric distribution and telecommunications companies shall perform the following over all of its overhead electric distribution and communication lines:

a) Conduct periodic inspection 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) Replace all unused, misplaced, damaged and rotten utility poles; e) Strictly adhere to and ensure compliance with the standards and regulations provided under the Philippine Electrical Code, 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 No. 7920, otherwise known as the "New Electrical Engineering Law'); f) Submit an annual report to the concerned Sangguniang Bayan or Panlungsod of the status of the installation and maintenance of overhead electric distribution, communication lines and related structures in the respective locality and their compliance to the provisions of this Act. Provided, that in case of a devastating calamity, a report should also be submitted within a period of sixty (60) days from the date of the said calamity; and g) Shoulder any and all costs necessary to efficiently carry-out the aforementioned acts.

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

for circuits along highways, roads, streets, and alleys. The choice between joint use of structures and separate lines shall be determined through 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 and other factors as may be provided in the rules and regulations to be promulgated to implement. 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 electric distribution and telecommunication 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 Republic Act No. 7160, as amended, otherwise known as the Local Government Code, issue an ordinance governing the overhead Installation of electric distribution lines, cables and utility poles, in accordance with the Electrical Code, National Building Code and RA No.

1 11361 or the Anti-Obstruction of Power Lines Act 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 business permits, file a complaint against the electric distribution or telecommunications company, which fails to conduct periodic inspection of its respective electric distribution or communication line installations or fix or bundle up its 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, 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 allow it to rectify its error within a reasonable time or to explain Its reasons for failure to comply with the standards set forth in Republic Act No. 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 and telecommunications companies. The public utility companies shall notify the LGU concerned of violations on the issuance of building permits for non-compliance with the rules and the standards on setbacks and clearances under the Philippine Electrical Code, the National Building Code, and the "Anti-Obstruction of Power Lines Act" or Republic Act No. 11361, as provided in this Act.

SEC. 6. Issuance of a Certificate of Public Safety Compliance (CPSC). - In

addition to the Certificate of Public Convenience and Necessity (CPCN) issued by the Energy Regulatory Commission (ERC), which stipulates that the operation of the business of an electric distribution, cable, or telecommunication company will promote public interest in a proper and suitable manner, a Certificate of Public Safety Compliance (CPSC) shall also be issued by the LGU, in accordance with the Philippine Electrical Code, to an electric distribution, cable, or telecommunication company to

ensure the public safety upon its operation in a particular area. Application for a CPSC shall be acted upon promptly pursuant to Section 11 of Republic Act No. 11032, otherwise known as the "Ease of Doing Business and Efficient Government Service Delivery Act of 2018, on the streamlined procedures for the issuance of local business licenses, clearances, permits, certifications or authorizations: Provided, That the failure of an LGU to act upon an application for a CPSC duly filed with complete supporting documents within the prescribed timeframe shall be deemed an approval of such application. The CPSC shall be valid for a period of five (5) years. A valid and existing CPSC shall be a pre-requisite for the renewal of operations of an electric distribution, cable, or telecommunication company. No electric distribution, cable, or telecommunication company shall be allowed to operate in a particular area without a valid CPSC upon inspection by the city or municipal engineer.

SEC. 7. Installation of Overhead Electric Distribution Lines/ Cables and Utility

Poles and Standard Requirements. - All installation of overhead electric distribution lines, cables, and utility poles shall be inspected by the city or municipal engineer, or the DPWH, whichever Is applicable. 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 (DSOAR), National Building Code (NBC), and other applicable existing local and international 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 and after the installation. In cases where the ideal location of a pole installation 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. 8. Creation of a Monitoring and Service Team. - A Monitoring and Service

Team, led by the city or municipal engineer 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 clean-up operation shall commence within six (6) months from the promulgation of the Implementing Rules and Regulations (IRR) pursuant to Section 13 of this Act.

SEC. 9. Role of the Monitoring and Service Team. - The Monitoring and Service

Teams of electric distribution, cable, and telecommunications companies shall conduct a semi-annual inspection to check compliance to Section 3 of this Act and maintenance of their electric distribution lines, cables, utility poles, 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 electric distribution lines, cables and utility poles. Electric distribution, cable, and telecommunications companies 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. The implementing government agency of a construction project shall Inform and coordinate with the electric distribution, cable, or telecommunication company 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 government 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 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 right-of-way, or by the private concessionaire, as the case may be. Any and all costs which shall be necessarily incurred on the clean-up operation and maintenance of overhead electric distribution lines, cables, utility poles, equipment

and accessories in compliance with the provisions of this Act shall be shouldered and paid for by the electric distribution, cable, or telecommunications companies for whom the monitoring and/or service was undertaken to the city or municipal government where the city/ municipal engineer leading the monitoring and service team belongs. A real-time inspection and monitoring shall be done in cases of emergencies and calamities.

SEC. 10. Inter-Agency Committee. - An Inter-Agency Committee to be chaired

by the ERC and composed of authorized representatives from the DPWH, Department of the Interior and Local Government (DILG), Department of Information and Communications Technology (DICT), National Telecommunications Company (NTC), National Transmission Corporation (TransCo), National Electrification Administration (NEA), and representatives from the LGUs, 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 agencies/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 (PRBEE), PRC-Board of Electronics and Communications Engineering (PRCBECE), the Institute of Integrated Electrical Engineers of the Philippines (IIEE) 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 any provision of this Act, shall 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 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. - The ERC shall, in consultation

with the DPWH, DILG, DICT, NTC, TRANSCO, PREE, PROBECE, NEA, IEE and representatives from the LGUs, the electric distribution, cable and telecommunications companies, promulgate the necessary Implementing Rules and Regulations (IRR) within one hundred twenty (120) days from the effectivity of this Act.

SEC. 14. Separability Clause. - If, for any reason or reasons, any part or

provision of this Act shall be declared as unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SEC. 15. Repealing Clause. - All provisions of existing laws, orders, rules and

regulations or parts thereof which are in conflict or inconsistent with 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 or in a newspaper of general circulation in the Philippines. Approved,