The National Telecommunications Commission (NTC) brushed aside yesterday allegations by Express Telecommunications Co. that it is abusing its powers by entertaining the application of Digital Telecommunications Philippines Inc. (Digitel) to operate a cellular phone network.
Edgardo Cabarios, head of the NTC common carriers division, pointed out that under Republic Act 7925, the Telecommunications Law, the regulatory body is mandated to periodically review and allocate new radio frequencies as new technological developments arise.
While the commission stopped in 1993 the grant of provincial authority (PA) to operate as cellular mobile telephone system (CMTS) network, Cabarios said the situation may no longer be applicable at present, especially with better and cost-efficient technologies coming out in the market.
In fact, the NTC only allowed two mobile phone operators in 1992 before deciding to open up the market to accommodate five carriers a year later.
Cabarios stressed that if the NTC finds the need for another operator, then there is no reason why Digitel's application should not be considered.
With ongoing mergers between Smart Communications Inc. and Pilipino Telephone Corp. (Piltel) as well as with Globe Telecom and Isla Communications Co. (Islacom), the industry will effectively have three major players in the long run.
Cabarios said, however, that they will ask the Office of the Solicitor-General (OSG) to defend the NTC in the motion for reconsideration with a prayer for a temporary restraining order (TRO) filed by Express Telecom before the Court of Appeals (CA) recently.
"If the argument cited by Express Telecom will hold water, then we would have to make an evaluation. At this point, though, the hearing on Digitel's application is still in the first stage," he said.
Earlier, Express Telecom stressed that radio spectrum or the frequency where a wireless service provider can operate, is a scarce resource that should be preserved.