FOLLOWING the national government's mandate to local government units (LGUs) to reduce permit requirements and procedures to fast track the construction of telecommunication towers, a Davao City councilor is pushing for amendments in some of the city's ordinance on the construction of towers.
Councilor Conrado Baluran, who heads the city council committee on transportation and communication, raised on Tuesday, August 18, during 19th City Council regular session the Joint Memorandum Circular (JMC) No. 1 series of 2020, titled “Streamlined Guidelines for the Issuance of Permits, Licenses and Certificates for the Construction of Shared Passive Telecommunications Tower Infrastructures (PTTIs).”
Baluran said the JMC is also similar to his previous proposal to amend some of the city's ordinance to provide regulations on the construction of cell towers.
These are the Ordinance No. 0463-13 or “An ordinance providing for the regulation of the construction and maintenance of cellular towers for mobile phone services in the City of Davao”, and the Ordinance No. 0546-14 Series of 3013 specifically r the “Comprehensive Zoning Ordinance of Davao City.”
The councilor, who raised the matter under suspended rules, said there is a need to urgently amend these ordinances since DILG Secretary Eduardo Año publicly ordered all LGUs to expedite processing of licenses, clearances and permit to accelerate the faster rollout of telecommunications towers.
"He mentioned that failure to comply with the memo circular penalties and liabilities are indicated in Section 9 [of the JMC], wherein summons will be served to LGUs who will not comply with this JMC," Baluran said.
The JMC signed on July 23 by different agencies, including the Department of Information and Communications Technology (DICT), Department of Interior and Local Government (DILG), and the Anti-Red Tape Authority (ARTA), is pursuant to the directive of the president to curb red tape and corruption, as well as to streamline the processes for the issuance of permits, licenses, and clearances, particularly with respect to Shared PTTIs.
It also aims to prescribe the streamlined processes and requirements as to the application of permits, licenses, and clearances for the construction of Shared PTTIs that will be constructed by Mobile Network Operators and Independent Tower Companies duly registered with the DICT, in order to facilitate the accelerated rollout of telecommunication infrastructure and service projects. With the signed JMC, the oversight agencies eye the reduction of the requirements and processing time for securing permits for Common Towers from nine months to just 16 days.
Section 6.5 of the JMC ordered that the following shall not be required from the applicants in securing a Building Permit, Fire Safety Evaluation Clearance, Barangay Clearance or Locational Clearance: Sangguniang Panlungsod/Bayan Resolution; Sangguniang Barangay Resolution/ Barangay Council Resolution; Environmental Compliance Certificate (ECC) or Certificate of Non-Coverage (CNC), if the proposed site of construction is outside an environmentally critical area (ECA); Radiation Safety Evaluation Report from the Food and Drug Administration (FDA); and Certified True Copy of NTC Provisional Authority (PA) or Certificate of Public Convenience and Necessity (CPCN) or Certificate of Registration to Provide Telecommunication Services.
Baluran previously said the three-fourth majority vote from the City Council, before getting approval from the Local Zoning Board of Adjustment and Appeals (LZBAA), is a tedious process, considering the need for more cell sites in the city, particularly on the underserved areas.
He particularly cited areas in far-flung barangays of District 2 and 3 remain extremely distressed due to poor signal despite emerging telecommunication advancement.
Baluran also said prior to the construction of cell sites and telecommunication towers, telcos must apply first and seek approval for additional allowable use in the City Planning and Development Office (CPDO).
“On previous committee hearing, the telcos aired that, in spite of their earnest efforts to make the entire Davao City a ‘dead spot’-free, they remain to be handicapped since it took them one year or more to get a resolution of favorable endorsement from LZBAA upon filing,” Baluran said.
Prior to raising the item to the Council, he already consulted with Mayor Sara Duterte-Carpio and other law consultants from the local body. The mayor, he said, favorably responded to the city's planned amendment.
The council unanimously favored passing the item for first reading and was referred to the committee on transportation and communication, committee on housing, rural and urban development (low-end projects), and the committee on rules, privileges, laws and ordinances.