On public hearing for Telco applications: City dad bucks DILG directive

CEBU, Philippines —  Cebu City Councilor Eugenio Gabuya believes that public hearings must be conducted before cell sites are constructed and that the Department of Interior and Local Government (DILG) memorandum that prohibits delays in telecommunication infrastructure-related projects is a form of “Martial Law”.

DILG Secretary Eduardo An~o issued the memorandum in August and warned that DILG will go after local government units that will not, within three days, take action on all pending applications by telecommunication companies that want to build new cell sites or towers.

An~o acknowledged that taking action can mean disapproving applications for lack of requirements but warned quickly against LGUs that ask for “unreasonable” ones.

LGUs have 20 days to act on applications in compliance with a presidential directive to improve the country’s digital infrastructure.

For Gabuya, however, the City Council should not simply agree with the DILG memo, otherwise, its existence becomes useless.

“We have to repeal first our ordinance. It’s not a law. Even the memorandum of DILG, it's not a law. Martial Law na! We cannot agree on that because wa na tay pulos ani,” Gabuya told his colleagues in the Council during their last session.

(We have to repeal our ordinance first. It’s not a law. Even the memorandum of DILG is not a law. That’s Martial Law! We cannot agree to that because we will become useless.)

His fellow councilor, Nestor Archival, agrees.

“I agree with Jun Gabuya. Unsa naman lang diay pulos nato diri inig sulti didto sa mga tawo sa taas?” Archival said.

(I agree with Jun Gabuya. What’s the point of our presence here if we simply follow what our national officials say?)

The Council streamed its session online.

Majority floor leader, Councilor Raymond Garcia, said he has received several inquiries from barangay captains as regards the DILG memorandum.

“Daghan bitaw’ng mga kapitan nitawag nako ani… ngano kuno wala nay public hearing sa kanang mga cell site. The only reason I told them, naa naman guy DILG memorandum signed by Sec. Año mismo stating di na kinahanglan og public hearing,” Garcia said.

(Many barangay captains have asked me why a public hearing is no longer required for cell site applications. The only reason I gave them is that the DILG memorandum signed by Sec. Año himself states that it is no longer required.)

Garcia said applications to put up cell sites are considered “special use” applications that the City Council is duty-bound to approve – by virtue of the zoning ordinance – once these applications hurdle the zoning board.

He said he also does not agree to what is written in the memorandum that applications no longer need Council approval.

Vice Mayor Michael Rama who presided over the session said the city’s current zoning ordinance is instructive. He pointed out that the city’s legal office is represented aptly in the zoning board.

A few months ago, different national government agencies released a Joint Memorandum Circular (JMC) meant to streamline the process of applications for the requirements, permits, licenses, clearances, certificates, and other necessary documents for Independent Tower Companies (ITCs) and telecommunication companies (telcos) to construct Shared Passive Telecommunications Tower Infrastructures (PTTI) in accordance with the DICT’s Common Tower Policy.

The Department of Human Settlements and Urban Development (DHSUD), a signatory in the JMC, stated last August 28 that it has updated the guidelines for permit and documentary requirement application for ICT infrastructure projects, including permits to build towers as posted on DICT’s website.

In reaction to this development, the Office of the Presidential Assistant to the Visayas (OPAV) said in a statement that if the City Council will carry Gabuya’s suggestions, the same would push back the timeline for Dito Communication’s entry into Cebu and extends the status quo ante of telecommunication quality and Internet speeds in the city. — JMO (FREEMAN)