House OKs bill on ICT infra in subdivisions
MANILA, Philippines — A bill that would require the installation of information and communication technology (ICT) infrastructure inside subdivisions and housing projects has been approved by the House of Representatives on third reading.
House Bill (HB) No. 9870 or the proposed Housing Development Digital Connectivity Act was approved during Monday’s session, with 274 lawmakers voting in favor of the bill, with zero negative votes or abstentions.
If enacted, the bill would require subdivision developers to set aside areas for ICT infrastructure as mandated under Presidential Decree (PD) No. 957 or“The Subdivision and Condominium Buyers’ Protective Decree”.
“In order to maintain the area reserved for parks, playgrounds and recreational use, and other public space for social infrastructure and community activities, the developer may opt to provide an area for ICT infrastructure and facilities from the net saleable lots outside the mandatory thirty percent (30%) of the gross area for open space, and the use for ICT infrastructure and facilities of these saleable lots zoned as residential shall be allowed,” the bill stated.
“[…] Prior to the completion of the subdivision project, the developer may enter into agreements for the construction, maintenance, and operation of the communications facilities compliant with the requirements of this Act of the DICT (Department of Information and Communications Technology) or the National Telecommunications Commission (NTC), whichever is applicable,” it added.
The bill also lays out guidelines for acquiring a lot for ICT infrastructure, especially for already existing subdivisions.
“If the area identified for ICT infrastructure and facilities, however, is a lot in an existing subdivision owned by a private individual, consultation with and clearance from the homeowners’ associations shall be required and the deed of restrictions insofar as the subject lot is concerned shall be deemed modified accordingly,” the bill read.
“In all instances, the area set aside for ICT infrastructure and facilities can either be obtained through direct purchase based on the fair market value of the land or used by way of a long-term lease: Provided, That the expenses incurred in building the ICT infrastructure and facilities shall be borne by the purchaser or the lessee which is an ICT provider or by a duly registered ITC (Independent tower company),” it added.
The original bill was filed last October 2022 by Isabela Rep. Faustino Dy V, as interconnectivity is becoming an important aspect of school and work, and other daily human activities.
