Bayantel vows to block PLDT unit’s 3G license

Jeremiah F. de Guzman
http://www.bworldonline.com/BW082509/content.php?id=042


BAYAN TELECOMMUNICATIONS, Inc. (Bayantel) said the fight for the last 3G license is not yet over, asserting that the selection process of the National Telecommunications Commission (NTC) is flawed and must be declared invalid.

In a statement yesterday, Bayantel announced it would file a motion for reconsideration with the Court of Appeals not later than Sept. 1, or within the 15-day prescribed period.

The Lopez-led telco said it would "exhaust all legal remedies to rightfully claim to be one of those to be awarded with a 3G license considering its track record and its commitment to roll out the service."

Tunde Fafunwa, Bayantel chief executive consultant, noted that "in the last two years, we have demonstrated our capability to roll out a 3G-compliant network with our CDMA (code division multiple access)-based wireless landline service which disrupted and transformed the voice calling market today."

The telco said the NTC selection process for granting the 3G license was unfair.

Bayantel said it has a better commitment and track record as compared to the new telecommunication entity, Connectivity Unlimited Resources Enterprises, Inc. (CURE), a subsidiary of the PLDT group’s Smart Communications, Inc. and the recipient of the fifth and last 3G license.

The Lopez telco said it would "oppose any action to resolve any application for and/or from awarding the last 3G frequency license."

The Court of Appeals last week denied the petition by Bayantel questioning the NTC’s decision not to give it a 3G license.

In a 28-page decision penned by Associate Justice Normandie Pizarro, the Court of Appeals said the regulator’s reasons for denying Bayantel’s petition was well-grounded, noting that "the point system that the NTC eventually adopted was reasonable and germane to the declared purpose of determining the best qualified applicants."

It added that the telco regulator has the authority to interpret its own rules on the qualifications of applicants and adopt a point-system it deems best suited for the evaluation process.

The appellate court’s decision said "the findings of the NTC being made within the confines of its legal mandate, and there being no arbitrariness or any badge of impartiality of irregularity on its actuation, no reversal is warranted."

Late last year, the NTC awarded 3G licenses to four telcos, namely: Smart Communications, Inc., Globe Telecom, Inc., Digital Mobile Philippines, Inc., and CURE.

Aside from Bayantel, 3G applications from Pacific Wireless, Inc., Multimedia Telephony, Inc., Next Mobile, Inc. and AZ Communications, Inc. were denied by regulators.

Mediaquest Holdings, Inc., a subsidiary of the PLDT Beneficial Trust Fund, has a minor stake in BusinessWorld. — Jeremiah F. de Guzman