Task force formed to enforce compliance with telco tower permitting process

The Anti-Red Tape Authority (ARTA) on Tuesday said it formed a special task force to monitor and strictly enforce the compliance of agencies, particularly of local government units, with a joint memorandum circular which streamlines the permitting process for construction of telco towers. 

ARTA’s announcement came after President Rodrigo Duterte, in his State of the Nation Address on Monday, warned telco giants Smart Communications and Globe Telecom to improve their services by December or he would find a way to work with Congress to have them out of the industry should they fail. 

On July 23, the ARTA and the Department of Information and Communications Technology (DICT) led the signing of Joint Memorandum Circular (JMC) No. 01-2020, along with the Department of the Interior and Local Government, Department of Human Settlements and Urban Development, Department of Transportation-Civil Aviation Authority of the Philippines, Department of Health-Food and Drug Administration, and Department of Public Works and Highways.

The said government departments and agencies are involved in the permitting process for the telco towers, according to the ARTA.

Under the JMC, the processing time for permits of telco towers has been cut down to approximately 16 days from an average of eight months across national government agencies (NGAs) and LGUs.

The circular also reduced the number of documentary requirements required from 86 to just 35. 

“Accordingly, we need at least 50,000 additional towers for the country in order to be competitive with our ASEAN neighbors. The effective implementation of the provisions and streamlined processes of this JMC is the key that could free us from the turtle pace interconnectivity problem of the country,” ARTA Director General Jeremiah Belgica said. 

He added that the special task force under ARTA will monitor the compliance of the different government agencies with the provisions of the JMC, especially by the LGUs. 

LGUs, according to reports and information gathered, are notorious in imposing burdensome requirements and huge fees at various stages of the permitting process, according to ARTA.

This has hindered numerous telco tower projects across the country, it said.

Belgica said that “this can no longer be tolerated.” 

He added that if upon investigation, ARTA finds that a particular government official or employee is causing the delay despite the clear provisions in the JMC, cases will be filed. 

Section 15 of Republic Act No. 11032 or the “Ease of Doing Business and Government Service Delivery Act of 2018” provides for a mere seven working days processing time for all NGAs and LGUs involved in the telco tower construction permitting processes. 

Failure to act within the prescribed processing time subjects a complete application to be automatically approved by law and exposes all involved employees, including the head of the office or department, to a possible six-month suspension for the first offense and a penalty of dismissal and imprisonment for the second offense. 

In the coming days, ARTA said it shall be meeting with the different telco companies, tower companies, and other private stakeholders in the telecommunications industry to further encourage partnership with the private sector in the battle against red tape in the telco industry. 

ARTA assured the private sector of its unwavering commitment in the ease of doing business. 

The agency also urged the public not to engage in any corrupt practices, otherwise they too shall be penalized accordingly. —KG, GMA News