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The
National Telecommunications Commission (NTC) opined its
effectiveness as a regulatory agency has been diminished
with the issuance by a local court of an order
curtailing its primary function of allocating and
reassigning frequency bandwidth in the country.
The NTC,
in a motion filed with the Quezon City Regional Trial
Court last week, said it cannot perform its function
effectively without reallocating the frequency spectrum.
Therefore, it said, the court should recall and set
aside its April 18 order granting Altimax Broadcasting
Co. Inc.’s motion for preliminary injunction.
“Altimax
is not the only case where a service provider’s
frequency assignment has been reallocated for a
different purpose. The NTC has conducted periodic
reviews of the frequency table, and reallocated
frequencies through memorandum circulars in accordance
with regulations of the International Telecommunication
Union and emerging technologies,” said the NTC.
The NTC
said that in 1992 it reallocated frequency bands for
cellular mobile telephone system operators. These bands
were previously dedicated to terrestrial links for
one-way radio-relay systems before these were reassigned
to Globe Telecom, Pilipino Telecom Corp., Express
Telecommunications Co. Inc., and Smart Communications
Inc.
“The
reallocation of the 824-849, 860-890MHz, 890-915Mhz and
935-960 megahertz (MHz) frequency bands paved the way
for the introduction and use of the mobile phone, which
until today, has become an indispensable part of
everyday living,” said the NTC.
The NTC
reallocated more frequencies from 1998 to 2001. These
frequencies are now being utilized for second generation
(2G) use. “The issuance and the implementation of the 2G
circulars made possible the introduction of the
immensely popular text messaging form of communication
to complement the traditional voice calls featured in
mobile phones,” the NTC added.
And in
2005, the NTC issued another circular reallocating
frequency bands that were previously dedicated for
fixed-relay service for 3G [third-generation] use. The
current grantees of the 3G frequencies are Smart, Globe,
Digital Telecommunications Co. Inc. (Digitel) and
newly-acquired Smart subsidiary, Connectivity Unlimited
Resource Enterprise Inc.
The 3G
circular introduced a video-call feature that made
possible visual contact between the caller and the
recipient in mobile phones, faster data transmission,
and a host of other ‘killer’ applications.
“These
circulars are but some of the noticeable issuances of
NTC, which was accomplished through the reallocation of
the frequency spectrum. To repeat, the assailed omnibus
resolution of this court has prevented NTC from
exercising its primary and crucial function of
reallocating the frequency spectrum,” the NTC pointed
out.
The
agency also said that various assignees of the said
order now have no legal basis to operate their assigned
frequencies and that the order has prevented the
commission from processing the pending broadband
wireless access applications.
The
court order stemmed from a complaint filed by Altimax.
It had asked the court to stop the NTC from
implementing the 2005 circular and to declare the
assailed circular null and void.
Altimax
is the owner of ChannelOneTV and the producer of the
People Power 2:digital library, a complete multimedia
coverage of the daily events of the People Power 2 from
October 4, 2000 to January 20, 2001.
Mel
Velarde, who heads Next Mobile Inc., is the chairman and
chief executive officer of Altimax. He is also the
commissioner of the Unesco National Commission of the
Philippines.
He wrote
to President Arroyo to inform her that the firm’s
frequency bandwidth is in danger of being allocated to
Bell Telecom. Altimax is operating within the 2500-2700
band, the very same frequency allocation that Belltel
had applied for to operate its BWA.
But the
NTC said that right of Altimax over the frequencies is
“highly doubtful and clearly disputed” after it failed
to roll out its network.
Altimax
was granted a provisional authority (PA) to operate and
maintain a multi-channel multipoint distribution system
(MMDS) in December 2000. The company failed to operate
its network but still asked the NTC for an extension.
The
commission extended its PA for three years or until June
2005 and was required to submit a progress report on the
status of its MMDS system within the first year of the
extension period.
Altimax,
however, again failed to roll out its network and still
asked for another extension.
“Altimax
has allowed nearly five years to lapse without providing
visible proof of genuine effort to roll out and operate
its network. It also failed to submit a progress report
on the stats of its rollout efforts, if there be any,”
said the NTC. |
