‘NOW plea to nullify NTC circular still pending before CA’
Credit to Author: Daphne Galvez| Date: Tue, 12 Mar 2024 00:00:00 +0800
MANILA, Philippines — The petition of NOW Telecom Co. Inc. to have the National Telecommunications Commission (NTC)’s bidding guidelines for the entry of a new major player (NMP) in the telco industry declared unconstitutional is still pending before the Court of Appeals (CA), the company said yesterday.
NOW earlier filed a complaint before a regional trial court (RTC) against NTC’s Memorandum Circular No. 09-09-2018, which contained the bidding guidelines, indicating that some provisions of the circular are “excessive, confiscatory and violative of due process.”
The telco firm also sought a temporary restraining order or writ of preliminary injunction, which the RTC denied.
When elevated to the CA, the appellate court also denied the plea.
NOW Telecom said its appeal to have the NTC circular declared unconstitutional and illegal “remains pending before the CA.”
“Until the Supreme Court (SC) makes its final decision on the merits of the case, the third telco bidding shall remain valid and legally effective, but may still be subject to the court’s scrutiny and ruling,” the firm said in a statement yesterday.
It added that proceedings before the RTC or the SC did not involve NOW Telecom’s claim for frequencies in the 1970 to 1980 MHz paired with 2160 to 2170 MHz and 3.6 GHz to 3.8 GHz ranges.
These frequencies, according to Now Telecom, were part of the automatic approval issued by the Anti-Red Tape Authority on March 1, 2021 after the NTC complied with the ARTA’s ruling to renew the telco’s license to operate.
“These frequencies are the subject of a different proceeding, which remains pending before the Office of the President and a different court,” NOW Telecom said.
The company issued the statement after the SC denied its petition for certiorari that assailed the CA and RTC ruling that denied its plea for a writ of preliminary injunction against the NTC circular.
In its ruling, the SC said that the petition for injunctive relief has already been rendered moot and academic, considering that Mislatel, later renamed Dito Telecommunity, had already won the bidding process.
The high court added that NOW Telecom failed to show that it has complied with the provisions of the subject circular for it to be entitled to the allocated radio frequencies for NMP, as the telco was then a mere prospective bidder at the time of its application for the issuance of a writ of preliminary injunction.
It also emphasized that the impositions outlined in the circular “were proper to ensure that only those with legal qualifications as well as financial and technical capabilities are allowed to participate and vie for the privilege to be the NMP.”