Telcos file motions before NTC

MANILA, Philippines - Major telecom providers filed separate motions before the National Telecommunications Commission (NTC), appealing an earlier order directing companies to slash the fee slapped on text messages by 20 percent and to refund subscribers who were allegedly overcharged since December last year.

S i s t e r f i r m s Smart Communications Inc. and Digitel Mobile Phils. Inc. of dominant carrier Philippine Long Distance Telephone Co. (PLDT) as well as Ayalacontrolled Globe Telecom Inc. has submitted their motions for reconsideration before the NTC last Dec. 5.

The telecom providers asked the NTC to reverse its decision dated Nov. 20 directing them to cut the fee slapped on text messages to P0.80 from P1 and at the same time reimburse their subscribers. In a 39-page motion,

Smart urged NTC to reverse its order and deem the company compliant with Memorandum Circular No. 02-10-2011. “Smart in particular, stands to suffer grave losses which will ultimately have adverse and irreversible effects on, among others, its network; viability as a going business concern; and the quality of its service to the public,” it stated.

“ T h e i m p o trance and necessity of Smart’s continued operations are indisputable, considering that it is leading wireless services provider in the Philippines and has continuously improved and upgraded its telecommunications infrastructure and network to maintain the highest standards of service to its subscribers,” Smart added.

It also warned about the adverse effects of the assailed decision that would be more ruinous to the industry and to the consuming public than the gains that are vaguely expected from the implementation of MC No. 02-10.2011. “Even worse, the assailed decision penalized Smart based on not only constitutionally

Infirm regulation, but also absent empirical findings made upon its technical competence as an administrative agency,” the company said. Digitel counsel Sherwin de Joya urged NTC in a 15-page motion to reverse its order and recall the order directing the company to pay a fine of P200 per day from Dec. 1 last year until the date of compliance.