The Anti-Red Tape Authority (Arta) has issued compliance orders to 11 local government units (LGUs) for the release of all pending documents applied by telecommunication firms for the installation of broadcast towers.
The Arta on Tuesday sent compliance orders to select LGUs directing them to issue all pending papers sought by telco operators for the setup of broadcast towers, facilities and equipment. In particular, local governments were told to release license, clearance and permit applications which have exceeded the mandated seven-day processing period under the law.
The LGUs that received compliance orders from the Arta are: Puerto Princesa City and Rizal in Palawan; Miag-ao, Cabutan, Estancia and Leon in Iloilo; Kalibo in Aklan; Masbate City; Bulan in Sorsogon; Canaman in Camarines Sur; and San Jose in Occidental Mindoro.
Arta Director General Jeremiah B. Belgica said telco firms are finalizing the list of their pending applications with complete requirements and payment. Smart Communications is now verifying its filings, while Globe Telecom has yet to submit its list.
According to Belgica, all applications with complete requirements and payment that exceeded 7 days of processing as mandated under the Ease of Doing Business Law will be declared approved automatically by operation of rule.
To monitor the action of LGUs, they are asked to submit a compliance report within a period of 3 working days from the receipt of the Arta order. The report has to include the list of all the documents approved and pending—this, with corresponding reasons for such holdup—as well as those that require approval from the local Sanggunian.
Belgica reminded LGUs and national government agencies that they can be brought to court if they fail to do their task to act on and approve applications sought by telcos.
“There is no more choice for the LGUs or NGAs [national government agencies] but to issue the appropriate permits because it was already approved by Congress itself. Refusal to follow this very clear provision of the law will lead to administrative and criminal charges to be filed,” he warned.
The compliance orders relayed to the local governments is part of the Arta’s efforts to expedite the permitting procedure for the construction of broadcast towers.
In July the Arta signed with various agencies a joint memorandum circular that cuts processing time to 16 days, from 241 days, and reduces documentary requirements to 35, from 86, for the application of permits, licenses and certificates needed to build telco towers. The circular will be effective starting August 20.
Telco firms are rushing to improve their connectivity services after President Duterte lashed out at them in his fifth State of the Nation Address (Sona).
In his Sona, the President gave telcos a deadline of until December to better their services, or “we will take it away from you.” He threatened he will ask Congress to step in and address the issue should telco giants Globe and Smart fail to improve their services by yearend.
In July Congress denied the franchise renewal application of ABS-CBN resulting in its shutdown and the loss of at least 11,000 jobs.
For their part, Globe and Smart raised the problem of red tape in LGUs that prevent them from securing the necessary papers to install broadcast towers across the archipelago. Without the required files, they said it is challenging to set up facilities that would improve connectivity.
Under the Ease of Doing Business Law, government agencies are required to complete simple transactions within three days; complex transactions, including applications for telco permits, within seven days; and highly technical transactions within 20 days.