Now Telecom: SC ruling did not include frequency assignment

INQUIRER FILE PHOTO / NIÑO JESUS ORBETA

(Editor’s note: This is an updated version of a story posted earlier to correct some errors in fact.) 

MANILA, Philippines — Telecommunications company Now Telecom Company Inc. (Now Telecom) clarified on Monday that the Supreme Court (SC) decision upholding a prior ruling by the Court of Appeals (CA) did not involve the company’s claims to its frequency assignment.

In a statement, Now Telecom said that the SC ruling pertained to its application for a temporary restraining order (TRO) and/or writ of preliminary injunction (WPI) against the National Telecommunications Commission (NTC) and the conduct of the bidding process for the New Major Player (NMP) in the telecommunications market.

READ: NOW Telecom pushes 5G dreams https://business.inquirer.net/440967/now-telecom-pushes-5g-dreams

“Contrary to the erroneous information being disseminated, Now Telecom’s claims for frequencies or for the nullity of Memorandum Circular No. 09-09-2018 have not been denied by the Supreme Court,” the company pointed out.

“Likewise, the proceedings before the Regional Trial Court of Manila or the Supreme Court did not involve NOW Telecom’s claim for frequencies in the 1970 to 1980 MHz paired with 2160 to 2170 MHz, and 3.6 GHz to 3.8 GHz ranges,” it added.

Now Telecom said the frequencies were part of the automatic approval issued by the Anti-Red Tape Authority (ARTA) on March 1, 2021 after the NTC complied with ARTA’s ruling to renew Now Telecom’s license to operate.

“These frequencies are the subject of a different proceeding which remains pending before the Office of the President and a different court,” Now Telecom said.

Legal battle

In 2018, Now Telecom filed a complaint with the Regional Trial Court (RTC) of Manila and applied for a TRO and/or WPI against the NTC.

In its complaint to the RTC, Now Telecom challenged the constitutionality and validity of Memorandum Circular No. 09-09-2018 which set new rules and regulations on the selection process for an NMP in the telco market.

Now Telecom likewise opposed the NMP bidding in order to protect its rights.

But the RTC denied Now Telecom’s application for TRO and/or WPI on the implementation of the circular, leading the company to elevate the petition to the CA which upheld the RTC’s denial.

READ: CA dismisses telco’s appeal vs. NTC over frequency allocation https://newsinfo.inquirer.net/1839935/ca-dismisses-telcos-appeal-vs-ntc-over-frequency-allocation#ixzz8UAa3BXVn

As for the frequencies, the SC affirmed the CA’s Sept. 28 ruling, stating that the telecom company failed to demonstrate a “clear legal right” to the frequencies it sought and there was no evidence of the NTC neglecting its ministerial duty.

“Until the Supreme Court makes its final decision on the merits of the case, the Third Telco bidding shall remain valid and legally effective but may still be subject to the court’s scrutiny and ruling,” the company said.