Now Telecom Co. Inc. (NOW Telecom) is not about to give up on its fight as the new major player in the telco business, and it's taking the battle right at the National Telecommunications Commission (NTC) doorstep.
NOW reacted strongly against the alleged "deliberate delay on the part of NTC of awarding to NOW Telecom the frequencies it has applied for along with a mobile license to operate.
It came after on June 13, 2022, the NTC filed a manifestation and motion before the Anti-Red Tape Authority (ARTA) to set aside the resolution and the declaration of completeness and order of automatic approval of the company’s mobile permit and assignment of frequencies.
On March 1, 2021, ARTA issued a resolution declaring the completeness of NOW's application for provisional authority to operate and the concomitant frequencies, even citing RA 11032 or the Ease of Doing Business and Efficient Government Service Delivery Act.
But in the latest development of this now long-running conflict, the NTC now asked ARTA, under the current administration of OIC Deputy Director General Ernesto Perez, to refrain from further encroaching upon the NTC’s exclusive jurisdiction.
NOW is not about to take it sitting down.
“If the current OIC (officer-in-charge) of ARTA will go beyond his limited powers as OIC to boldly reverse past ARTA decisions, the OIC could be held in contempt of court at CA (Court of Appeals) and suspended at Ombudsman,” said NOW in a statement.
NOW argued that “ARTA lost jurisdiction to act on NTC’s motion since the issue is now with CA.”
It can also be recalled that NOW Cable and partner Newsnet filed separate complaints against NTC officials before the Office of Ombudsman due to their obvious bias against NOW Cable and Newsnet, which is in violation of the provisions of R.A. No. 3019 or the Anti-Graft And Corrupt Practices Act.
"ARTA already lost jurisdiction to act on NTC’s motion since the issue is now with CA. NTC's belated motion is considered forum shopping. If the current OIC of ARTA will go beyond his limited powers as OIC to boldly reverse past ARTA decisions, the OIC could be held in contempt of court at CA and suspended at OMB."
NOW also pointed out that based on the series of events," why is NTC’s actions so fast when it comes to filing of Manifestations yet it has sat on NOW Telecom’s application."
It added that "one can see that there is a deliberate delay on the part of NTC of awarding to NOW Telecom the frequencies it has applied for" despite the company's completion of the requirements to operate and have frequencies.