A Proposed Ordinance Establishing an Internet Access Program in Every Barangay in the

Municipality of Tanauan, Leyte for Education Purposes, and Appropriating Funds therefor

Authors:
Hon. Gil Mark L. Fiel – SK Federation president; and
Hon. Paul Emmanuel R. Cinco – Committee on Education Chairman

Section 1. Short Title. This Ordinance shall be known as the Internet Access Program in the Municipality
of Tanauan, Leyte.

Section 2. Declaration of Policy. Republic Act No. 10929 otherwise known as the “Free Internet Access
in Public Places Act” provides that the State recognizes the vital role of information and communications
technology in nation-building and declares its policy to promote an environment for the development of
structures that would ensure the availability and accessibility to reliable and secure internet access
suitable to the needs and aspirations of the nation.

Towards this end, this municipality shall establish a program that will provide free access to internet
service in public places within the barangays throughout the municipality, to promote knowledge-
building among citizens especially the youth and enable them to participate and compete in the evolving
information and communication age.

Section 3. Objectives. The Local Government of this municipality shall pursue the attainment of the
following goals and objectives:

(a) Provide free access to the internet especially by the youth and students to improve the
quality of education in light of the modular scheme of learning during the pandemic, to
open doorways to a wealth of knowledge and educational resources, increased
opportunities for learning in and beyond the classroom which is evident even during the
pre-pandemic period;

(b) To reach out to the most geographically challenging barangays, communities and people,
who live in areas far from the town proper where internet cafes/hubs are available; and

(c) To enjoin all barangay units and the Sangguniang Kabataan to provide support and
implement the project without delay.

Section 4. Definition of Terms. For purposes of this Ordinance, the following terms shall be used to
mean as follows:

(a) Public Internet Access – means a public network where the general public can access to
other networks through the internet;
(b) Internet Service Provider - refers to a company that provides access to the Internet to both
personal and business customers;
(c) Wi-Fi Internet Access – shall mean connectivity to the internet;
Section 5. Coverage of the Program. There is hereby created a free wi-fi internet access program in
every barangay of this municipality which shall be made available in areas within the public places
where maximum use and access to the benefits shall be ensured. The said program shall be:

(a) Free of charge for the users to connect to the internet for education and research purposes;
(b) Service shall be separate from the one used for back-end computer systems and programs
or information system of the government agency such as the barangay council;
(c) Technical limitations or restrictions to access shall be employed when there is clear and
present technical risk or breach of data privacy and other pertinent information.

Section 6. Internet Service Provider Agreements. The Internet Service Providers (ISPs) shall –

(a) be allowed to acquire and utilize internet connectivity directly from satellites and other
emerging technologies to ensure universal coverage;

(b) comply with the minimum standards set by the NTC and the agreed quality of service
pursuant to the provisions of RA No. 10929;

(c) Shall be responsible in setting up restrictions on access to pornographic and other similar
sites which may tend to corrupt minors and internet users;

(d) The selection of contractors for the installation of free Wi-Fi sites must have went through
an open and fair bidding process.

Section 7. Public Internet Access Points. The Sangguniang Kabataan shall ensure the establishment of
Community Learning Hubs or Barangay learning centers or similar facility which shall serve as the
internet access points for this program. The SK may likewise provide at least one computer unit and
printer in order to help the public who needs to access the internet but has no internet-ready device.

Section 8. Protection of Children on Safe Internet Access. Standards and mechanisms for the protection
of the rights and welfare of children shall be upheld through the following:

(a) Access to pornographic websites or any other websites containing obscene materials or
those that are offensive to decency and public morals shall be prohibited;

(b) Access to gaming sites such as Mobile Legends (ML) or other Online Gambling websites shall
be strictly prohibited;

(c) Access to social media sites such as but not limited to Facebook, Instagram or Tiktok, shall
be regulated under this program to ensure that access thereto shall be resorted only when
necessary and for education purpose.

(d) Websites and applications necessary for exchange of communication and data files shall not
be deactivated such as but not limited to Messenger or E-mail websites;
 (e) Public safety warnings shall be posted and made visible within and outside the area in order
that public users shall be guided of the do’s and don’ts in the use of the free internet access
program.

Section 9. Regulation and Operational Guidelines. The Sangguniang Kabataan and the Barangay
Council shall work hand in hand in the implementation of the project and ensure the following:

(a) The Sangguniang Kabataan in every Barangay shall be the Lead Implementing Unit that will
oversee the effective and efficient implementation of this Ordinance.

(b) The SK and Barangay Council shall ensure that the funding for the said project are
incorporated in the Annual Budgeting of the Barangay and/or SK Budget;

(c) Coordinate with the National Government Agencies (NGAs), local government unit (LGU),
private sector, and concerned organizations to ensure that the comprehensive plan is
integrated with the plans and budgets of all agencies mandated to provide free internet
access under this Ordinance;

(d) Undertake the creation, establishment, installation, maintenance, and operation of

infrastructure, equipment, systems, platforms, applications and such other Program
requirements necessary to effectively provide free internet access in their respective
barangays;

(e) Provide equal use and secured access to the internet and serving as many as possible;

(f) The implementing barangay shall set the rules on minimum standards for quality of service,
including, but not limited to, download speed, latency, packet loss, and jitter for public free
internet service. The minimum quality of service standards for the Program shall not be
lower than the minimum quality of service standards provided for retail basic internet
connectivity services offered to the public; and

(g) In no case shall the administrator or manager of the said Program engage in the collection,
use, or disclosure of user data, including the collection of anonymous traffic data, in
accordance with the provisions of Republic Act No. 10173, otherwise known as the "Data
Privacy Act of 2012.”

Section 10. Role of the Local Government Unit. The LGU shall-

(a) Extend cooperation and provide necessary assistance and resources to the barangays in the
course of implementation of the project;
(b) Incorporate Information and Communication Technology infrastructure capability in their
development plans;
(c) Cooperate in the restoration of the service during disasters especially when the access
points or internet service are installed on LGU owned facilities.
Section 11. Appropriation. The amount necessary to carry out the provisions of this Ordinance shall be
automatically appropriated annually under the General Fund by the respective implementing barangay
unit.

Section 12. Penal Provision. Any person or entity found to have violated any provision of this ordinance
shall be sanctioned as follows:

(a) Any person or entity found to have violated the prohibitions under Section 8(a) herein shall
be penalized in accordance with the provisions of RA No. 9775 or the Anti-child Pornography
Act and violations of Section 8(b) herein shall be penalized in accordance with existing anti-
online gambling laws, provided that should the violator be a minor, the parents or
guardians shall be held vicariously liable;

(b) Failure to comply by the Internet Service Provider of the minimum standards set by the
National Telecommunications Commission shall be penalized in accordance with the
provisions of RA No. 10929 or other rules set by the NTC; and

(c) Such other acts or omissions as may be prohibited under existing related laws such as the
Data Privacy Act and CyberCrime Prevention Act shall be dealt in accordance with the
provisions of the said Acts.

Section 13. Separability Clause. If any provision of this Ordinance is declared invalid by a competent
Court, the remainder or any provision not affected thereby shall remain in full force and effect.

Section 14. Repealing Clause. All Ordinances, Resolutions, Executive Orders or other Issuances which
are inconsistent with this Ordinance are hereby repealed, amended or modified accordingly.

Section 15. Effectivity Clause. This Ordinance shall take effect immediately upon compliance with the
publication requirement provided under the Local Government Code of 1991.