LGUs Get Compliance Orders for Nod on Pending Telco Applications

The Anti-Red Tape Authority (ARTA) today issued a compliance order to 20 local government units (LGUs) to release the permits of pending applications from Globe Telecom Inc.

This following Globe’s submission of the list of their pending applications with complete documents and completely-paid fees as requested by ARTA in the consultation meeting with telecommunication companies last August 7.

The applications deemed automatically approved consist of 40 applications for Locational Clearance and 12 applications for Building Permit and/or Ancillary Permits.

The new batch of compliance orders was sent to Batangas City and Lipa, Batangas; Bacoor, General Trias, and Imus, Cavite; Cebu City and Balamban, Cebu; Dujali, New Corella, and Tagum, Davao del Norte; Agoo, La Union; Calauan, Laguna; Malabon City; Manila City; Ozamis, Misamis Occidental;

Bacolod and Victorias, Negros Occidental; Cabanatuan and Gapan, Nueva Ecija; and Angeles, Pampanga.

“We are pushing for the continued compliance of government offices with the provisions of R.A 11032 on automatic approval. Government offices may no longer sit on an application because failure to act will render the application automatically approved by operation of law. Inaction on pending applications beyond prescribed processing times is a specific violation of Sec. 17 of the law and has a penalty of six months suspension for the first offense and dismissal with imprisonment for the second offense. The actions on the telco tower sector is an example of what is to come”, said Director General Jeremiah Belgica.

The order directs said LGUs to “immediately comply with the provision of Section 15 of R.A. 11032 and issue permits, certifications, and clearances corresponding to applications with complete requirements and fees paid that have been pending beyond seven working days from the time the applicant has submitted the complete requirements and paid all accordant fees, as these are deemed automatically approved by operation of law”.

“Provided however, that if the applications require approval of the appropriate local legislative body and the application has been pending beyond the non-extendible period of 20 working days, the same shall likewise be deemed automatically approved by operation of law”, the compliance order cited further.

The said LGUs are also directed to submit a compliance report which shall include a list of all permits, certifications, and clearances issued in compliance with said order, within three working days from its receipt.
The issued compliance orders were the second batch following the first batch issued by ARTA on Tuesday for the pending applications of Smart Communications.*