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A TOTAL
of 46 companies, including nontelecommunications firms,
are in jeopardy of losing their frequency allotment
following a court order prohibiting the National
Telecommunications Commission (NTC) from implementing a
2005 policy on frequency-band allocations for broadband
wireless access (BWA).
Under
NTC Memorandum Circular 06-08-2005, certain radio bands
were reallocated for BWA access. These bands were later
reassigned to qualified broadband service providers.
Among
the companies affected by the order are Innove
Communications Inc. and Textron Corp [(both operating
within 450-470 Megahertz [(MHz)] as well as Multimedia
Telephony Inc. (MTI), Bayan Telecommunications Inc. (Bayan)
and Digital Telecommunications Philippines Inc. (Digitel)
(all assigned to operate within 1900-1910/1980-1990
MHz).
Innove,
Bayan, Digitel and e-Telco occupy the 2500-2700 MHz
bandwidth. Among those that operate within 3400-3600 MHz
bands are Bell Telecoms, Digitel, Textron, Smart
Broadband Inc.,
MTI,
AZ Communications, Innove, Bayan, Liberty Telecoms, Major
Telecoms and Telecommunications Office.
Phone
giant Philippine Long Distance Telephone Co. along with
other phone firms and non-telcos like Advance Science &
Technical Institute, Greenwich and Del Monte occupy the
2400-2483 MHz bandwidth.
Bands
5150-5350 MHz/5470-5850 MHz have the most number of
occupants. Jollibee Foods Corp., Batangas Port Security,
Toledo Power, Citra Metro Manila Tollways, Union Cement
Corp. and other phone firms operate within this
bandwidth.
Bandwith
10150-10650 MHz has five occupants.
There
are 33 more applicants with pending applications for BWA
assignment, said the NTC.
NTC
Deputy Commissioner Jorge Sarmiento said in an interview
the agency will appeal the ruling of the Quezon City
Regional Trial Court this week.
“There
is only [one] company that is complaining, so why did
the court issue a writ of injunction to all holders of
the reallocated frequencies? We will seek clarification
on this,” said Sarmiento.
The
court order stemmed from a complaint filed by Altimax
Broadcasting Co. Inc.
Altimax
is the owner of ChannelOneTV and the producer of the
People Power 2:digital library, a complete multimedia
coverage of the daily events of People Power 2 from
October 4, 2000 to January 20, 2001. Mel Velarde, who
heads Next Mobile Inc., is the chairman and chief
executive officer of Altimax and was also appointed as
commissioner of the Unesco National Commission of the
Philippines.
The
company had asked the court to stop the NTC from
implementing the 2005 circular and declare it null and
void.
Velarde
reportedly wrote President Arroyo to inform her the
firm’s frequency bandwidth is in danger of being
allocated to Bell Telecom. Altimax is operating within
the 2500-2700 MHz band, the very same frequency
allocation that Belltel had applied for.
Altimax
pointed out that the NTC circular is unconstitutional,
void and unlawful.
“Recalling the radio frequency assigned to Altimax is
tantamount to depriving it of property without due
process. Absent a radio-frequency assignment, a
broadcasting company is reduced to a mere repository of
transmitters and equipment, devoid of any purpose or
value. Recalling the radio frequency assigned to Altimax
and reallocating it to broadband and reassigning it to
qualified service providers through the fiat of a
circular whose validity is put to question in this case
will undoubtedly cause irreparable injury,” it said.
The NTC,
said its legal department, will file a motion for
reconsideration before the Quezon City court on
Thursday. |
