Executive Order No. 32: Streamlining Permitting Process for Telecommunications and Internet Infrastructure Construction

On 4 July 2023, the President of the Philippines issued Executive Order No. 32 (“EO 32”), a significant step aimed at streamlining the permitting process for the construction of telecommunications and internet infrastructure. EO 32 was issued to facilitate the timely deployment of essential infrastructure needed to meet the growing demands of the digital age.

EO 32 covers all national government agencies and instrumentalities, including government-owned or -controlled corporations, and local government units (“LGUs”) involved in issuing permits, licenses, clearances, certifications, and authorizations necessary for the construction, operation, development and maintenance of telecommunications and internet infrastructure. Specifically, those permits, licenses, clearances, certifications, and authorizations for: (i) the construction, installation, repair, operation, and maintenance of Shared Passive Telecommunications Tower Infrastructure; and (ii) the erection of poles, installation of aerial and underground cables and facilities, underground fiber ducts, ground terminals, and other transmission or similar telecommunications and internet infrastructures and facilities, and other passive facilities. 

To simplify the permitting process, EO 32 streamlined the requirements for telecommunications and internet infrastructure construction. Applicants will now only need specific permits, including, but not limited to the following, for the construction, installation, repair, operation, and maintenance of telecommunications and internet infrastructure:

1. Building Permit issued by the Office of the Building Official;
2. Height Clearance Permit from the Civil Aviation Authority of the Philippines, if applicable; and
3. Homeowners, and other community clearances.

In addition, certain permits and clearances are now no longer mandatory for purposes of securing a Building Permit, a Fire Safety Evaluation Clearance, Barangay Clearance, or a Locational Clearance. These include, but are not limited to:

1. Sangguniang Panlungsod/Bayan Resolution;
2. Sangguniang Barangay Resolution; and
3. Environmental Compliance Certificate or Certificate of Non-Coverage (for projects outside environmentally critical areas).

The streamlined requirements apply to various entities, including:

1. Public Telecommunications Entities;
2. Cable TV Operators;
3. Value Added Service Providers;
4. ICT Technology Providers or Physical Infrastructure Contractors;
5. Independent Tower Companies;
6. Distribution Utility Owners; and
7. Authorized contractors of these entities. 

Furthermore, under EO 32, all covered applications that have not yet been acted upon within the prescribed period as provided under existing laws will be deemed approved subject to the submission of all required documentary requirements and payment of necessary fees as indicated in the Citizen’s Charter of the relevant agencies and LGUs.

Finally, to provide applicants with a more convenient and efficient service, EO 32 requires all cities and municipalities to establish One-Stop Shops for Construction Permits, preferably at the Office of the Building Official. These facilities will cater to applicants seeking to obtain building permits and other related certificates, including those required for the construction of telecommunications and internet infrastructure.
For the complete text of EO 32, dated 4 July 2023, please visit this link: Executive Order No. 32, s. 2023 | Official Gazette of the Republic of the Philippines.