Smart Telecommunications has sent out a press release today strongly
opposing the “joint use” agreement entered into by Globe Telecom and
Bayan Telecommunications. If you don’t know about the issue, here’s the
quick recap – Bayan Telecommunications has had the rights to use
the 1800 MHz Band which were assigned to them by the NTC for the
provision of mobile phone services. But since Bayan
Telecommunications
doesn’t have an active mobile service, Smart says that under NTC
Memorandum Circular No. 3-3-96 that states “an assigned frequency which
remains unused for one year from date of issuance of permits and license
may thus be recalled or withdrawn consistent with national and public
service” that particular band needs to be reassigned or auctioned off
to all interested and qualified applicants in an open and competitive
bidding process.
Enrico L. Espanol, head of Smart’s Legal and Regulatory Department
said in a letter that “it is undeniable that Bayantel has not been using
these frequencies for at least one year considering that it has not
been providing any CMTS service to thegeneral public. Consequently,
these unused frequencies assigned to Bayantel should be recalled by the
HonorableCommission upon service of notice and hearing.” He also said
that under the law and jurisprudence the assignment of a frequency to a
telecommunications operator by the government does not confer on the
operator a vested property right over the frequency. He quoted a
Supreme Court ruling that states telcos “are merely given the temporary
privilege of using them.”
He also said that the joint use deal of Bayan
Tel and Globe Telecommunications would be an “enormous loss of
government revenues as the latter would be deprived of income resulting
from a competitive auction among interested bidders.”
Source: gadgetsmagazine
