MEMORANDUM CIRCULAR: _____________________

SUBJECT: QUALITY OF SERVICE STANDARDS FOR INTERNET CONNECTIVITY SERVICES

WHEREAS, the 1987 Constitution fully recognize the vital role of communications in the nation building and provides for the emergence of communications structures suitable to the needs and aspirations of the nation;

WHEREAS, the promotion of competition in the telecommunications market is a key objective of Republic Act No. 7925 (RA 7925, for brevity), otherwise known as the as The Republic Telecommunications Policy Act of the Philippines, which mandates that a healthy competitive environment shall be fostered, one which telecommunications carriers are free to make business decisions and interact with one another in providing telecommunications services, with the end in view of encouraging their financial viability while maintaining affordable rates;

WHEREAS, RA 7925 further defines the role of the government to promote a fair, efficient and responsive market to stimulate growth and development of the telecommunications facilities and services;

WHEREAS, RA 7925 mandates the National Telecommunications Commission (the Commission, for brevity) to promote and protect the consumers of the public telecommunications services;

WHEREAS, the public has the right to be informed of the quality of service of the internet connection and broadband services being offered by service providers;

WHEREAS, service providers equally have the right to be protected from spurious complaints made by unscrupulous persons, or by unscrupulous competitors;

WHEREAS, the Commission, as a quasi-judicial agency, has the mandate and the power to adjudicate and resolve disputes between consumers and service providers, or between service providers;

NOW, THEREFORE, pursuant to RA7925, Executive Order (EO) No. 546 series of 1979, and in order to maintain and foster fair competition in the telecommunications industry, and promote and protect the rights of the public, the National Telecommunications Commission hereby promulgates the following definitions and rules:

A. DEFINITIONS

1. Service offering: internet connectivity services offered to the public by authorized service providers for a fee.

A full list of service offerings classifications is provided in Annex A.

2. Subscriber quality of service metrics: metrics used by service providers, subscribers, and the Commission used for purposes of determining service provider compliance with contractual obligations and for resolution of customer complaints.

A full list of subscriber quality of service metrics and their definitions is provided in Annex B.

3. Performance metrics: metrics used by service providers and the Commission used for purposes of monitoring service provider performance and for the interest of the general public.

A full list of subscriber metrics and their definitions is provided in Annex C.

4. Subscription information: information that will empower potential subscribers, customers, and users towards making more informed choice with regard to service offerings.

A full list of subscription information is provided in Annex D.

5. The Commission shall adopt the official technical definitions of technologies such as but not limited to GSM, HSPA, WiMax, LTE, and so forth, as provided for by the ITU and other international bodies and consortia.

B. RULES ON SERVICE OFFERINGS AND OFFER INFORMATION

1. The public shall be properly informed of the details of the service offering being offered by service providers.

Incorrect or insufficient information as prescribed by this Circular may be the subject of a complaint and may be subject to the application of Rule G.1 against the erring service provider.

2. Service providers shall be required to specify the following quality of service and subscription information for each and all of their service offerings, except for their best efforts service offerings, in their flyers, brochures, infomercials, contracts, service agreements, and service level agreements:

a. Service rates, in PhPb. Minimum downstream data rate (DDRM) c. Minimum upstream data rate (UDRM)d. Minimum data rate reliability (DRRM)e. Minimum service reliability (SRM)f. Minimum overall reliability (ORM)g. Data Cap*h. Subscriber Outage Period (SOP)*i. Subscriber Throttling Period (STP)*j. Rebate rate or Automated Rebate rate**k. IN SELECTED AREAS ONLY***

* if applicable** as applicable; see Annex D*** if applicable; see Annex D

3. Service providers shall be required to specify the following quality of service and subscription information for each and all of their best efforts service offerings in their flyers, brochures, infomercials, contracts, service agreements, and service level agreements:

a. Service rates, in PhPb. Minimum downstream data rate (DDRM)c. Minimum upstream data rate (UDRM)d. Rebate rate or Automated Rebate rate*e. IN SELECTED AREAS ONLY**f. The text THIS IS A BEST EFFORTS SERVICE. NO OTHER APPROVED QUALITY OF SERVICE CLAIMS.

* as applicable; see Annex D** if applicable; see Annex D

4. Service providers shall, for purposes of attracting more subscribers, be allowed to specify additional quality of service and subscription information, in their flyers, brochures, infomercials, contracts, service agreements, and service level agreements, such as but not limited to:

a. up-to downstream data rate (DDRU)b. up-to upstream data rate (UDRU)c. best data rate reliability (DRRB)d. best service reliability (SRB)e. best overall reliability (ORB)

However, a claim proven to be false may be the subject of a complaint and may be subject to the application of Rule G.1 against the erring service provider.

5. Service providers shall be allowed to identify explicitly competing service providers and competing service offers in comparisons of service offers made through advertisements in print and broadcast media, provided that the information provided regarding the competing service offers are identical with those available from the competing service providers.

However, a claim proven to be false may be the subject of a complaint and may be subject to the application of Rule G.1 against the erring service provider.

6. Service offers made through advertisements in print and broadcast media shall contain the minimum offer information using any or all of the methods in Annex E.

7. Nothing in this Circular may be construed to be a bar against service providers using creative means or language in the creation of advertisements in print and broadcast media, flyers, brochures, and other means used to attract subscribers. Any reasonable exaggeration as provided for by law shall not be construed under this Circular as to be a false claim, provided that the exaggerated statement does not involve, is not affected by, nor is it about any of the quality of service or performance standards provided for in this Circular.

C. RULES ON QUALITY OF SERVICE STANDARDS FOR INTERNET CONNECTIVITY SERVICES

1. Quality of service standards for dial-up, wireless internet, mobile internet, mobile broadband, wireline internet, fixed wireless broadband, wireline broadband, high-speed broadband services:

a. A service offering shall be clearly and correctly identified with the corresponding definition in Annex A, in advertisements in print and broadcast media, flyers, brochures, infomercials, contracts, service agreements, and service level agreements, and all other means of information dissemination used by the service provider.

b. The minimum data rates of a service offering shall not be less than the corresponding minimum data rates as defined in Annex A, and shall be clearly identified as such in advertisements in print and broadcast media, flyers, brochures, infomercials, contracts, service agreements, and service level agreements, and all other means of information dissemination used by the service provider.

c. Overall reliability shall not be less than 80%.

d. Data rate reliability shall not be less than 80%.

e. Service reliability shall not be less than 80%.

2. Quality of service standards for best efforts services:

a. A best efforts service offering shall be clearly identified as such in advertisements in print and broadcast media, flyers, brochures, infomercials, contracts, service agreements, and service level agreements, and all other means of information dissemination used by the service provider.

b. A service provider shall set the minimum data rates of a best efforts service offering at its own discretion. The set minimum data rates shall be clearly identified as such in advertisements in print and broadcast media, flyers, brochures, infomercials, contracts, service agreements, and service level agreements, and all other means of information dissemination used by the service provider.

c. A service provider may set the service reliability of a best efforts service offering at its own discretion, provided that the set service reliability shall not be less than 50%.

d. A service provider may set minimum and maximum standards for data rate reliability of a best efforts service at its own discretion, provided that a service provider shall not cease compliance with his published data rate reliability standards without first securing the explicit permission of the Commission, after adequate public information dissemination.

e. A service provider may set minimum and maximum standards for overall reliability best efforts service at its own discretion, provided that:

i. The service provider shall not cease compliance with the 50% service reliability standard; and,

ii. The service provider shall not cease compliance with his published data rate and overall reliability standards without first securing the explicit permission of the Commission, after adequate public information dissemination.

f. Best efforts services are not exempt from rules on refund and rebate as provided for in this Memorandum Circular.

3. Quality of service standards for Fair Use Policies, data caps, Subscriber Outage Periods, and Subscriber Throttling Periods:

a. A service provider may publish a Fair Use Policy (FUP) for a service offering at its own discretion, provided that:

i. The service provider must enumerate all circumstances and the requisite proof of the circumstances that will lead to the enforcement of Fair Use Policy;

ii. The publication and widespread public information dissemination of the Fair Use Policy shall be mandatory if the service offering shall include the implementation of a data cap, a Subscriber Outage Period (SOP), a Subscriber Throttling Period (STP), and/or any non-automated means of refund and rebate; and,

iii. The service provider shall not reserve to himself the right to change the terms and conditions of the FUP. The service provider shall not change the terms and conditions of the FUP without first securing the explicit permission of the Commission, after adequate public information dissemination.

b. A service provider may choose to implement a data cap, a Subscriber Outage Period (SOP), and/or a Subscriber Throttling Period (STP) for any service offering except for a best efforts service offering.

The implementation of a data cap, an SOP, and/or an SSP shall be clearly identified in advertisements in print and broadcast media, flyers, brochures, infomercials, contracts, service agreements, and service level agreements, and all other means of information dissemination used by the service provider for the said service offering.

c. A data cap shall be not be less than 50% of the total maximum data volume provided by the up-to upstream data rate (UDRU) of the service offering for the period covered by the data cap.

d. No Subscriber Outage Period (SOP) applied as a result of a data cap shall subsist for longer than twenty-four (24) hours.

e. No Subscriber Throttling Period (SSP) applied as a result of a data cap shall subsist for longer than seventy-two (72) hours.

D. RULES ON REFUND OR REBATE

1. A service provider is required to provide refunds or rebates in the event of interruptions of service delivery, which may include but is not limited to planned outages and planned preventive maintenance activities, and in the event of substandard service delivery.

Upon the occurrence of periods where the service is interrupted or substandard, said periods shall not be subject to billing by the service provider. Should these periods not be contiguous, or should these periods be intermittent, they shall be aggregated for purpose of refund or rebate.

The value of the refund or rebate shall be calculated according to the corresponding definitions in Annex D.

2. A service provider shall implement automated means of refund or rebate in the event of substandard service delivery, without need for demand on the part of the subscriber, credited to the subscribers account at the earliest possible time after service has been restored. However, a service provider may opt to implement over-the-counter or cash refund or rebates, or credit the refund or rebate in the next billing period, for post-paid subscribers.

E. RULES ON SUBSCRIBER QUALITY OF SERVICE MEASUREMENT AND DISPUTE RESOLUTION

1. The Commission shall determine the official tool to be used to perform subscriber quality of service measurements.

2. Subscribers may, at their own discretion, secure a copy of the subscriber quality of service measurement tool from official channels approved by the Commission, which may include but shall not be limited to:

a. The official website of the Commissionb. Official websites of service providersc. Physical collaterals provided by the Commission and/ or service providers for the public and subscribersd. Google Play Storee. Apple App Storef. Google Drive cloud storage

The official version of the official subscriber quality of service measurement tool shall be the master copy in the possession of the Commission. Any disputes with regard to conflicting measurement results shall be resolved in favor of the results obtained using the master copy of the tool.

3. Subscribers and service providers may, at their own discretion, use the official tool to measure and monitor the quality of their subscription, whether continuously for purposes of personal interest, or on an ad hoc basis upon suspicion of substandard service.

4. The Commission shall use the official tool to conduct periodic measurements for purposes of quality of service measurement and monitoring, for purposes of fact-finding and data gathering towards policy creation, modification, implementation, and enforcement.

5. No service provider shall be held accountable to a subscriber for substandard service quality if the service provider shall be able to prove:

a. That automated means of refund and rebate had been already applied before the subscriber made a complaint to the Commission;b. That the substandard service quality was caused by the acts or omissions of the subscriber; or,c. Force majeure.

6. No service provider shall be held solely accountable to as subscriber for substandard service quality if the service provider shall be able to prove that acts or omissions of another service provider contributed to the substandard service quality of the service provider.

7. The resolution of disputes between subscribers and service providers shall follow the process specified in Annex F.

F. RULES ON PERFORMANCE MEASUREMENT AND DISPUTE RESOLUTION

1. The Commission shall determine the official tool to be used to perform performance measurements.

2. The Commission shall use the official tool to conduct periodic measurements for purposes of performance measurement and monitoring, for purposes of fact-finding and data gathering towards policy creation, modification, implementation, and enforcement, and for resolution of disputes arising between service providers.

The Commission shall ensure that performance measurement procedures performed on a service provider shall include measurements of performance and quality of service of internet connectivity:

a. Within the network of the service provider (Point A results);b. Through the network of each competing service provider (Point B results); and c. Through international servers.

The Commission shall provide recommendations to service providers on any substandard performance detected as a result of the performance testing.

The Commission shall publish periodically the results of the performance measurement and monitoring.

3. A service provider may, at its own discretion, use the official tool for its own purposes of performance measurement and monitoring, and may use the results published by the Commission for purposes of addressing substandard services provided by another service provider.

A subscriber may, at his own discretion, use the official tool for its own purposes of performance measurement and monitoring, for purposes of personal interest.

4. A service provider may be held accountable for the substandard service quality of another service provider, provided that:

a. It shall be proven that substandard service quality of and/ or subscriber complaints about another service provider was the result of and/ or had been contributed by the acts or omissions of the service provider; and,b. It shall be proven that the service provider did not provide any remediation actions and reliefs, after sufficient notice from the Commission and/or the other service provider.

5. The resolution of disputes between service providers shall follow the process specified in Annex G.

G.RULES FOR NONCOMPLIANCE

1. Upon failure on the part of a service provider to comply with this Circular, the Commission shall file the appropriate administrative cases against the erring service provider, without prejudice to requiring the erring service provider to pay penalties and fines deemed equitable by the Commission, and without prejudice to requiring the erring service provider to provide rebates or refunds to affected subscribers, or to affected other service providers.

2. A favorable judgment by the Commission on a complaint by a subscriber against a service provider, or by another service provider against a service provider, shall not bar the subscriber or the other service provider from seeking other equitable reliefs and remedies provided by law from the service provider.

H.RULES FOR INFORMATION DISSEMINATION

1. Service providers may opt to include parts of this Circular or in its entirety as part of their information dissemination, subscriber education, and advertising campaigns.

I.OTHER RULES

1. Service providers offering committed information rate (CIR) shall comply with Commission MC No. 12-19-2004.

2. Any circular, order, memoranda or parts thereof inconsistent herewith are deemed repealed or amended accordingly.

3. This Circular shall take effect fifteen (15) days after publication in a newspaper of general circulation and three (3) certified true copies are furnished the UP Law Center.

GAMALIEL A. CORDOBA Commissioner

CARLO JOSE A. MARTINEZ DELILAH F. DELES Deputy Commissioner Deputy Commissioner

ANNEX A. LIST OF SERVICE OFFERINGS

1. Best efforts service: internet connectivity in which the service provider does not provide any significant quality of service levels.

2. Dial-up internet: internet connectivity via terrestrial landline networks with downstream data rate of 56.6 kbps and upstream data rate of 48.8 kbps, as provided by ITU-T Recommendation V.92 Enhancements to Recommendation V.90, or less.

3. Wireless internet: over-the-air (OTA) connectivity with downstream data rate of 48 kbps (or slower) or upstream data rate less than 12 kbps (or slower).

4. Mobile internet: over-the-air (OTA) connectivity with downstream data rate less than 256 kbps but greater than 48 kbps or upstream data rate less than 128 kbps but greater than 12 kbps.

5. Mobile broadband: over-the-air (OTA) connectivity with downstream data rate of at least 256 kbps and upstream data of at least 64 kbps.

6. Wireline internet: internet connectivity via terrestrial landline networks with downstream data rate less than 512 kbps but greater than 56.6 kbps or upstream data rate less than 128 kbps but greater than 48.8 kbps.

7. Fixed wireless broadband: over-the-air (OTA) connectivity with downstream data rate of at least 512 kbps and upstream data of at least 128 kbps.

8. Wireline broadband: internet connectivity via terrestrial landline networks with downstream data rate at least 512 kbps and upstream data rate of at least 128 kbps.

9. High-speed broadband: internet connectivity, whether overthe-air or via terrestrial landline networks, with downstream data rate at least 10 Mbps and upstream data rate of at least 2.5 Mbps.

ANNEX B. LIST OF SUBSCRIBER QUALITY OF SERVICE METRICS AND DEFINITIONS

1. Data Cap: the maximum volume of data that will be allocated to a subscriber by a service provider for purposes of network and traffic management, that when exceeded will result in temporary and deliberate outage and/or temporary and deliberate degradation of service for the subscriber.

2. DDRA: the average downstream data rate during actual usage during the measurement period.

3. DDRM: the minimum downstream data rate indicated in advertisements, flyers, brochures, contracts, and service level agreements.

4. DDRU: the up-to downstream data rate indicated in advertisements, flyers, brochures, contracts, and service level agreements.

Burst speed downstream data rate shall not be used as DDRU.

5. DRR: data rate reliability; the "stationarity" or stability of a subscriber's data rate, expressed in percent. The higher the percentage, the more stable is the data rate provided by the service provider to the subscriber.

Data rate reliability is calculated using this formula:

DRR = (DDRA/DDRU) x (UDRA/UDRU) x 100%

6. DRRB: the best data rate reliability indicated in advertisements, flyers, brochures, contracts, and service level agreements.

7. DRRM: the minimum data rate reliability indicated in advertisements, flyers, brochures, contracts, and service level agreements.

8. NSA: number of seconds of actual subscriber use during the measurement period.

9. NSDB: number of seconds during actual subscriber use during the measurement period where the actual downstream data rate is slower than the promised downstream data rate.

10. NSO: number of seconds during actual subscriber use during the measurement period where there are outages attributable to the service provider.

11. NSUB: number of seconds during actual subscriber use during the measurement period where the actual upstream data rate is slower than the promised upstream data rate.

12. OR: overall reliability; a single number expressed in percent used to convey the quality of the internet connectivity service provided to the subscriber by the service provider. The higher the percentage, the better is the quality of the internet connectivity service provided to the subscriber by the service provider.

Overall reliability is calculated using this formula:

OR (in %) = DRR (in %) x SR (in %)

13. ORB: best overall reliability; a single number expressed in percent used to convey the best quality of the internet connectivity service provided to the subscriber by the service provider.

14. ORM: minimum overall reliability; a single number expressed in percent used to convey the minimum quality of the internet connectivity service provided to the subscriber by the service provider.

15. SOP: Subscriber Outage Period; the applicable period of time wherein the subscriber shall be disconnected as a result of meeting or exceeding Data Cap.

16. SR: service reliability; the measure of the availability of the service quality subscribed by the subscriber or, conversely, the measure of the absence of slowdown or outages attributable to the service provider. The higher the percentage, the less are the occurrences of slowdown or outages.

Service reliability is calculated using this formula:

SR = {[NSA (SOP + SSP) (NSDB + NSUB + NSO)] / [NSA (SOP + SSP)]} x 100%

17. SRM: the minimum service reliability indicated in advertisements, flyers, brochures, contracts, and service level agreements.

18. SRB: the best service reliability indicated in advertisements, flyers, brochures, contracts, and service level agreements.

19. STP: Subscriber Throttling Period; the applicable period of time wherein the subscriber shall be provided with slower service as a result of meeting or exceeding the Data Cap.

20. UDRA: the average upstream data rate during actual usage during the measurement period.

21. UDRM: the minimum upstream data rate indicated in advertisements, flyers, brochures, contracts, and service level agreements.

22. UDRU: the up-to upstream data rate indicated in advertisements, flyers, brochures, contracts, and service level agreements.

Burst speed upstream data rate shall not be used as UDRU.

ANNEX C. LIST OF PERFORMANCE METRICS

1. CQI: Connectivity Quality Index; an index that will be used by the Commission to be able to provide to the public information on the performance and the quality of service of the service offerings of a service provider.

The Commission shall publish national and regional CQIs of service offerings periodically, from performance testing results of both national and regional offices of the Commission. The Commission may also provide CQIs in selected areas of interest.

The CQI shall combine ratings of individual performance and quality of service metrics. It shall be calculated as:

CQI = Average (DDRA, UDRA, RTTA, RTTB, RTTI, Packet LossA, Packet LossB, Packet LossI, PDVA, PDVB, PDVI, VFM)

Connectivity Quality Index (CQI)Rating

4.5 5.0Excellent

3.5 4.4Very good

2.5 3.4Good

1.5 2.4Fair

1.4 and belowPoor

Service providers are not prohibited from using official CQI results published by the Commission as part of advertising or information campaigns.

2. DDRA: the average downstream data rate during the measurement period.

DDRARatingDDRA Index

Greater than 95% of DDRUExcellent5

> 85% - 95% of DDRUVery good4

> 75% - 85% of DDRUGood3

> 65% - 75% of DDRUFair2

Less than 65% of DDRUPoor1

3. UDRA: the average upstream data rate during the measurement period.

UDRARatingUDRA Index

Greater than 95% of UDRUExcellent5

> 85% - 95% of UDRUVery good4

> 75% - 85% of UDRUGood3

> 65% - 75% of UDRUFair2

Less than 65% of UDRUPoor1

4. Latency (round trip time or RTT): the length of time it takes for a signal to be sent plus the length of time it takes for an acknowledgment of that signal to be received. This time delay therefore consists of the propagation times between the two points of a signal.

Latency (Point A and Point B results)RatingRTT Index

Less than 5 millisecondsExcellent5

> 5 ms 15 msVery good4

> 15 ms 25 msGood3

> 25 ms 35 msFair2

Greater than 35 millisecondsPoor1

Latency (international)RatingRTT Index

Less than 50 millisecondsExcellent5

> 50 ms 75 msVery good4

> 75 ms 100 msGood3

> 100 ms 125 msFair2

Greater than 125 millisecondsPoor1

5. Packet Loss: the number of packets that do not reach their destination.

Packet LossRatingPacket Loss Index

Less than 1%Excellent5

> 1% 2%Very good4

> 2% - 3%Good3

> 3% - 4%Fair2

Greater than 4%Poor1

6. Jitter (packet delay variation or PDV): the unevenness or variation in latency and packet loss.

Jitter (PDV)RatingPDV Index

Less than 5 millisecondsExcellent5

> 5 15 msVery good4

> 15 25 msGood3

> 25 35 msFair2

Greater than 35 millisecondsPoor1

7. Value for Money (VFM): a measure of the degree of truth in advertising of a service offering of a service provider.

VFM for postpaid is in % and is calculated as:

VFM = (DDRA / DDRU) x monthly cost of plan

VFM for prepaid is in % per PhP and is calculated as:

VFM = (DDRA / DDRU) x [(cost of plan/ number of days of plan) x 30]

VFM IndexRatingVFM Index

Greater than 90% x monthly cost of planExcellent5

> 80% - 90% x monthly cost of planVery good4

> 70% - 80% x monthly cost of planGood3

> 60% - 70% x monthly cost of planFair2

Less than 60% x monthly cost of planPoor1

ANNEX D. LIST OF SUBSCRIPTION INFORMATION

1. Service rate: the cost of the subscription in Philippine pesos (PhP), inclusive of VAT, as indicated in advertisements, flyers, brochures, contracts, and service level agreements.

2. Rebate rate (RR): the amount that a service provider will rebate to a subscriber in the event of substandard service, expressed in Philippine pesos per second (PhP/s). No management fees shall be allowed to be deducted from rebate rates.

A rebate shall be calculated as:

Rebate = RR x (NSO + NSDB + NSUB)

3. Automated rebate rate (RRA): the amount that a service provider will rebate to a subscriber in the event of substandard service, expressed in Philippine pesos per second (PhP/s), inclusive of reasonable management fee deductions, should a service provider employ automated means of refund and rebate.

An automated rebate shall be calculated as:

Automated rebate = RRA x (NSO + NSDB + NSUB)

4. IN SELECTED AREAS ONLY: a phrase used to denote specific geographical areas within where there is the application of and a high expectation of compliance with the quality of service standards set by the Commission.

a. The maximum level of granularity and specificity would be the enumeration of subdivisions or sub-areas of barangays.b. The minimum level of granularity and specificity would be the enumeration of provinces or sub-areas of administrative regions.c. The list of areas identified as part of In Selected Areas Only shall be published by service providers through means that is readily available and accessible to the general public.d. Without the explicit use of this phrase, a service provider is expected to comply with quality of service standards in all areas of the country, without exemption.

ANNEX E. LIST OF OPTIONS OF MINIMUM INFORMATION FOR BROADCAST MEDIA ADVERTISING

1. At least method:

PhP 100/ month for 384 kbps minimum downstream data rate, 192 kbps minimum upstream data rate, [and 1 GB data cap]* and 80% overall service reliability [dial-up internet]**[IN SELECTED AREAS ONLY]***

2. Up to method

PhP 100/ month for up to 768 kbps maximum downstream data rate, up to 384 kbps maximum upstream data rate, [and 1 GB data cap]* and up to 95% overall reliability [dial-up internet]**[IN SELECTED AREAS ONLY]***

3. Minimum best efforts method

PhP 100/month for 48 kbps minimum downstream data rate, 12 kbps minimum upstream data rate [best efforts service]**[IN SELECTED AREAS ONLY]*** THIS IS A BEST EFFORTS SERVICE. NO OTHER APPROVED QUALITY OF SERVICE CLAIMS.

4. Maximum best efforts method

PhP 100/month for up to 5 Mbps maximum downstream data rate, up to 1 Mbps maximum upstream data rate [best efforts service]**[IN SELECTED AREAS ONLY]***THIS IS A BEST EFFORTS SERVICE. NO OTHER APPROVED QUALITY OF SERVICE CLAIMS.

* If applicable** As appropriate*** The locations where quality of service standards apply must be clearly and individually enumerated; see Annex D

ANNEX F. CITIZENS CHARTER FOR QUALITY OF SERVICE COMPLAINTSubscriber believes the service he is receiving is substandard and his complaints have not been properly addressed by the service providerSubscriber submits a complaint to the Commission, including a copy of the output file of the Quality of Service measurement toolThe service provider is able to prove that automated rebate had been applied before complaint to the Commission; or,The service provider is able to prove that the issue is caused by the subscribers acts or omissions; or,The service provider is able to prove force majeureThe service provider is able to prove that the substandard service is caused by another service providerThe service provider cannot prove that any action to resolve issue was implementedRefer to Annex G for dispute resolution between service providersApply Rule G1 on behalf of the subscriber against the erring service provider.Apply Rule G1 on behalf of the subscriber and the affected service provider against the erring service provider.Dismiss the complaint.

ANNEX G. CITIZENS CHARTER FOR SERVICE PROVIDER COMPLAINTService provider believes the service he is providing the public has become substandard because of the acts or omissions of another service providerService provider submits a complaint to the Commission, including copies of records of subscriber complaints and other relevant evidenceThe other service provider is able to prove that equitable reliefs and remediation actions have been provided to the service provider prior to complaint to the CommissionThe other service provider is able to prove that the substandard service is caused by a foreign partyThe other service provider cannot prove that any action to resolve issue was implementedApply Rule G1 on behalf of the subscriber against the erring service provider.Apply Rule G1 against the erring service provider, only in so far as the elements within the erring service providers controlDismiss the complaint.

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