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    Editorial:

    The tangled lies on NBN

    JUST level with those who’ll pay the bill. That’s the simple, rightful request the public makes to authorities, in light of the confusing twists and turns that have characterized the government’s position on the controversial $329-million deal for a Chinese supplier to set up a national broadband network (NBN).

    On Tuesday, two Cabinet secretaries deepened the obfuscation with declarations that did little to assure taxpayers they will benefit from a third broadband network, this time owned by the state, that was worth paying a foreign loan for in the next 15 years.

    Never mind that the Chinese loan is, as they keep reminding us, “concessional” at 3-percent interest. The point is, no matter how soft a loan, do the people need to contract it, and is it the only means for financing available under the circumstances? The answer to both questions is no.

    As so clearly argued by UP School of Economics professors Raul Fabella and Emmanuel de Dios in their paper that was first reported on in BusinessMirror, getting a foreign loan to fund a third IT backbone should be the last of this resource-strapped government’s priorities. As the UP professors noted, two privately owned backbones (PLDT and Telof) are already existing, and still have excess capacity. In the IT sector, private business has proven to be quite aggressive in making the costly investments for infrastructure, and could be relied on to keep doing so.

    This penchant for borrowing, “just because” rates are low, reminds us of the past reminders of former national treasurer and fiscal expert Leonor Briones, this paper’s columnist. While the best time to borrow is when rates are low, it doesn’t mean that one automatically borrows just because they’re low.

    Secretary Leandro Mendoza told Palace reporters on Tuesday that two conditions have to be met before the controversial deal with ZTE, the Chinese government’s handpicked supplier, is perfected: the first, a legal opinion upholding its validity, was issued last week by the Department of Justice. The second, the scrutiny of the financing terms and their approval by the Department of Finance, is being awaited, according to Secretary Mendoza.

    And then, as if to assuage already heightened—and justified—public fears about being shafted again with another multibillion-peso white elephant, Secretary Mendoza’s colleague in the Cabinet, Trade and Industry chief Peter Favila, weighed in.

    The “deal,” said Mr. Favila, has not matured into a contract yet; what was signed at the sidelines of the Boao conference in China in April—between Secretary Mendoza and his Beijing counterpart, with President Arroyo witnessing—was just a “memorandum of agreement,” saying the signatories would venture into the project “subject to conditions.”

    For our edification, he added that once the MOA’s conditions are met, then that’s when a contract is crafted; “that’s when you sign a loan agreement, a supply contract and whatever operative documents are needed.”

    Hmm. One can’t help but wonder whether other “operative” ingredients had been advanced before, when this “contract-that-now-is-just-a-MOA” was rushed under the least-transparent of conditions.

    We do recall that when an assistant secretary in the Department of Transportation and Communication first shocked reporters with the revelation that the NBN project papers were purloined—he was explaining to them why, until now, no copy of the contract terms has been made public—he alluded to a “contract.”  Later, reports surfaced that not just one, but two—now they’re five—contracts had in fact gone “missing,” and the National Bureau of Investigation has been asked to step in.

    The second stolen document pertained to cyber-education, another Chinese loan-funded project, more expensive at $500 million, and the economic arguments for which the UPSE professors had also torn to shreds.

    So here we have a case of missing “MOAs” that Secretary Favila says would be “useless” to the finder because they’re not perfected contracts; even as the heads of agencies with a big say in implementing them—the Department of Education and the National Telecommunications Commission—are under siege and aggressively rumored to be on the way out. 

    Ironic, isn’t it, that a major ICT project, designed to open wide people’s access to information and the truth, has been shrouded in secrecy and dubious explanations from day one?

    Professors Fabella and de Dios had an eloquent way of zeroing in on the problem: what we lack is not in fiber optic; it’s in fibre politique—or moral fiber, if you wish.

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