DICT asked to clarify Mislatel’s status

MANILA, Philippines — A petitioner has asked the Department of Information and Communications Technology (DICT) to clarify the status of Mindanao Islamic Telephone Company Inc.’s (Mislatel) submission of necessary documents after it was declared as the country’s third telecommunications player.

READ: Dennis Uy-China Telecom venture confirmed as third telco 

In a two-page letter to DICT Secretary Eliseo Rio Jr. dated Feb. 25, 2019 through legal counsel Arnel Victor Valeña, petitioner Marlon Anthony Tonson requested that the agency clarify the status of the awarding of the third telco spot to Mislatel amid reports that it has not yet paid the P25.7 billion performance bond to the government.

“According to the National Telecommunications Commission Memorandum Circular 09-09-2018 (the Terms of Reference or ‘TOR’), the New Major Player (NMP) would have [90] days from the issuance of the Confirmation Order naming it as the NMP to submit the documents necessary for the processing of its Certificate of Public Convenience and Necessity (CPCN),” the letter read.

“The Confirmation Order having been issued by the [NMP] Selection Committee on 19 November 2018, the 90-day period ended last 17 February 2019,” it added. “May we now know the status of the submission of the necessary documents by the confirmed [NMP]?”

Tonson cited reports which said that Mislatel has not yet paid the P25.7 billion performance government bond.

The said bond was supposed to be paid on or before February 17, which is the end of the 90-day post qualification period as provided under TOR in the selection for the third telco player.

Tonson  alleged that Mislatel failed to meet all requirements, citing that it did not submit a formal declaration from the House of Representatives of concurrence to the recent Senate resolution approving its franchise.

READ: Senate panel concurs with House decision to transfer Mislatel ownership to consortium 

“Considering that the 90-day (period) for the NMP to submit the documents has lapsed, and they failed to submit this formal declaration that you required, then what is the implication? Clearly, the NMP failed to comply with the requirements of the TOR,” the letter further read.

With this, Tonson “strongly” suggested that the DICT formally report such failure on Mislatel’s part , otherwise the DICT and the NTC as well as the process of choosing the third telco would be criticized for “giving a private party unwarranted benefits, advantage or preference in the discharge of their official  administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.”

The petitioner further claimed that the DICT has covered up Mislatel’s  violations of the TOR in the past even if the consortium “misrepresented its qualifications by claiming possession of a valid and subsisting legislative franchise,” which was found to be “ipso facto revoked or at least defective” because of “patent violations.”

READ: Drilon: Mislatel franchise considered revoked for violating conditions 

“Through your disregard of the TOR provisions, you have extended partiality and unwarranted benefits to the consortium. In doing so, you deprive the public of the most qualified third telecommunications player, and you fall short of the professional and ethical standards expected of a public servant,” he further claimed.

Tonson has earlier criticized the selection process of the third telco questioned Mislatel’s eligibility when he filed a petition before the Supreme Court.

READ: Petitioner asks SC to stop awarding of 3rd telco slot to Mislatel

Mislatel consortium, a venture of Davao-based businessman Dennis Uy’s Udenna Corp. an state-run China Telecom, was named as the country’s new telco player to break the duopoly of Globe and Smart in the telecommunications industry and is expected to improve telecommunications services. / gsg