Globe's Innove asks court to junk PLDT plea

Globe Telecom subsidiary Innove Communications has asked the Quezon City Regional Trial Court to junk a petition by Philippine Long Distance Telephone Co. (PLDT) seeking to restrain the National Telecommunications Commission (NTC) from implementing a circular declaring information technology (IT) hubs as free-for-all zones.

NTC’s Memorandum Circular 05-05-2002 declared IT hubs including Fort Bonifacio Global City as free zones which means any duly enfranchised public telecommunication entities can provide high-speed networks and connectivity in these areas.

Meanwhile, in a case by Innove against Bonifacio Communications Corp. (BCC) and PLDT with the NTC, the Globe subsidiary questioned the exclusive agreement granted by BCC to PLDT to operate in Fort Bonifacio in light of the said NTC circular.

PLDT earlier asked the QC RTC to issue a temporary restraining order and later, a preliminary injunction to prevent the NTC from implementing the memorandum circular and from taking cognize of the complaint filed by Innove and Globe against PLDT and BCC.

The company also stressed that Innove’s right and duty to provide telco services in Fort Bonifacio is not dependent on MC 05-05-2002 alone and therefore, the issues concerning the legality of the circular and NTC’s action on Innove’s complaint are exclusive of each other and should not have been made by PLDT to appear as if they depend on one another.

But Innove noted that its right to operate in Fort Bonifacio has its basis in the Constitution itself which provides that “no franchise, certificate, or authorization shall be exclusive in character.”

Likewise, Republic Act 7925 or the Public Telecommunications Act mandates free competition and speaks of every telco provider’s duty to provide public telco service to any applicant for the service wherever he may be.

It also stressed that Innove is authorized to provide telco service nationwide without exception.     — Mary Ann Reyes