SMART Communications Inc. is protesting the National Telecommunications Inc.’s (NTC) “inaction” in its complaint against Altimax Broadcasting and Globe Telecom subsidiary Innove Communications, which again sought for a postponement of yesterday’s scheduled hearing.
The wireless subsidiary of the Philippine Long Distance Telephone Co. (PLDT) has been asking the NTC to issue a cease-and-desist order to stop Globe from using the frequencies assigned to Altimax.
At yesterday’s hearing, Altimax and Innove failed to file a response to the complaint filed by Smart and sought another postponement to October 27. In response to the motion for postponement filed yesterday by Altimax and Innove, the NTC has set the next hearing to November 9, with the warning to the respondents that there will be no further extension of the deadline for the filing of their joint answer.
“The continuing inaction of the NTC on Smart’s request for the immediate issuance of a cease and desist order on the unauthorized use of radio frequencies by Altimax and Globe constitutes an undue benefit in favor of a private party which is unlawful and actionable under applicable law,” said Ray C. Espinosa, PLDT head for regulatory and policy affairs.
The frequencies had been granted Altimax for the purpose of offering broadcast TV services. However, Globe is reportedly using these to offer broadband Internet services under a 2009 lease agreement with Altimax.
In its complaint filed September 8, Smart alleged that the arrangement was patently illegal on the grounds that Altimax had long lost its congressional franchise and provisional authority because of its failure to roll out wireless cable TV services over the past 10 years.
Smart has asked the NTC to recall the 30-megahert frequencies assigned to Altimax and to make these available to qualified telecom operators.
The NTC originally set the first hearing on this case on October 4, but agreed to postpone the proceedings to October 19 upon the motion of Altimax and Globe.
In seeking yet another delay, Altimax’s law firm Salalima Castelo & Ungos said it had only recently been engaged to represent the company in this case. It added that lead counsel Rodolfo Salalima was in Geneva, attending meetings of the International Telecommunications Union.
