THE government has asked the Regional Trial Court (RTC) of the City of Manila not to block the scheduled bidding process for the country’s third telco player, which is aimed at improving the current Internet service being provided by telco giants Globe Telecom and Philippine Long Distance Telephone Co. Smart.
In its 32-page memorandum submitted to the Manila RTC through the Office of the Solicitor General (OSG), the National Telecommunications Commission (NTC) sought the dismissal of the petition filed by NOW Telecom Co. Inc. owned by businessman Mel Velarde seeking to enjoin the conduct of the bidding process scheduled on November 7.
NOW Telecom is questioning key financial requirements that the NTC has included for aspiring third telco participants in the Terms of Reference for the bidding procedures set by NTC.
The telecom company is referring to the imposition of participation security, performance security, the appeal fee, as well as the requirement that the rollout plan be submitted 90 days after the selection of a new major player.
But the OSG said the reasons for the filing of the complaint are “inconsequential,” thus, warranting the dismissal of the complaint.
“As a matter of fact, had plaintiff Now Telecom allowed the process to push through, instead of filing the present case, NTC, through the selection committee, could have easily addressed its concern,” the memorandum stated.
The government argued the complaint is just an afterthought designed to derail the selection process for the new major player (NMP) because the issues raised by the complainant were not brought to the attention of NTC even though all stakeholders, including Now Telecom, were afforded several opportunities to do so during the rulemaking process undertaken by the by the NTC and the Department of Information and Communications Technology prior to the adoption of MC 09-09-2018, which provides for the rules and regulations for the selection process.
The NTC said the complaint should be considered “defective” for the failure of the petitioner to exhaust all administrative remedies before bringing them to the court.
The agency said the issuance of a writ of preliminary injunction to restrain the selection process of the NMP is prohibited under Republic Act (RA) 8975.
It explained that Section 3 of RA 8974 prohibits courts, except the Supreme Court, from issuing an injunction enjoining the government from acquiring and developing the right-of-way and/or location of any national government project; bidding or awarding of contract of the national government; and the execution of such contract.