These include Lopez-owned Bayan Telecommunications (BayanTel), which has not gone into commercial operations despite having been granted provisional authority (PA) to offer cellular mobile telephone system (CMTS) services several years back, and Express Telecommunications (Extelcom) which reportedly has not been up to date in its payments of certain required fees to the NTC, such as spectrum users’ fees.
NTC Commissioner Ronald Solis in an interview said that while BayanTel has been paying its required fees religiously, this is not enough. "The role of the NTC is to ensure an efficient allocation of spectrum. While BayanTel may have renewed its PA to engage in CMTS, its original PA requires that the company go into commercial operations of the service covered by that particular PA. We are looking at the probability that BayanTel may have exceeded the period allowed it to commence CMTS operations," he noted.
Thus the commission will soon be require BayanTel, Extelcom, as well as other frequency allocatees such as those in the broadcast industry (UHF stations and those with licenses to go into MMDS) to submit to the NTC an updated technical plan that will show their definite plans as far as the usage of the frequencies is concerned.
Solis said that following the allocation to Smart Communications and Digitel of additional frequencies, all mobile service frequencies have already been used up, necessitating a reallocation of certain Wifi (wireless fidelity) frequencies as well as a review of the different spectrum that have already been allocated. "We just want to have frequency available just in case somebody asks us for it," he pointed out.
In its recently released draft rules on the allocation and assignment of 3G (third generation mobile telecommunications technology) radio frequency bands, the NTC also reallocated for the use of prospective 3G operators certain previously allocated frequency bands.
These bands include 825-845 megahertz, 870-890 MHz, 1880-1900 MHz, 1920-1980 MHz, 2110-2170 MHz, and 2010-2025 MHz. Both 825-845 Mhz and 870-890 MHz are currently being held by existing CMTS operators, particularly Pilipino Telephone Inc. (Piltel) and Extelcom.
Piltel legal counsel Rogelio Quevedo, however, noted that NTC had no right reallocating the Piltel frequency since this is still being used by the company.
In response, Solis said the NTC will have to determine whether or not Piltel is actually using these frequencies. "And we do not want these frequencies being tied up to some obsolete technology when these spectrum are better used for Wifi, WiMax, and other technologies that will improve broadband access," he stressed.