THE National Telecommunications Commission (NTC) on Wednesday failed to issue a decision on the deal between Philippine Long Distance Telephone Co. (PLDT) and Digital Telecommunications Philippines Inc. (Digitel), noting that the agency was not bound to meet the August 26 target closing date of the transaction.

“Under the law, we have 90 days to decide since the filing of the last pleading which was done early August,” NTC Deputy Commissioner Carlo Jose Martinez said.

But he quickly added that the possibility to meet PLDT’s August 26 deadline still exists. “We are trying also to meet that August 26 deadline but for us, that deadline is not effective,” he said.

After the meeting, NTC Commissioner Gamaliel Cordoba said the agency “can decide on or before August 26. Kaya pang habulin.”

“We are doing a comprehensive review of the transaction as we want to ensure that our decision is in conformity with existing laws and our national policy,” Cordoba said.

The NTC commissioners held a closed-door meeting with the head of legal, frequency department and
carrier unit on Wednesday. Martinez said they discussed the conditions should the agency approve the deal. If they decide not to approve it, the NTC is also carefully studying the basis for that decision.

Another meeting has been set for Thursday, the NTC official said.  “Mukhang mahaba pa ang discussion because, like now, we even asked our directors and technical experts to join the discussions but we still have not resolved anything yet,” Martinez said.

The NTC, he added, also met with representatives of PLDT, Digitel and Globe Telecom Inc., which is leading those opposed to the deal. “The conditions were also discussed with them,” said Martinez.

He said the NTC will take into consideration the report of the Senate Committee on Public Services, which upheld on Tuesday the validity of the share-swap deal between PLDT and Digitel.

In a 12-page report submitted by its chairman, Sen. Ramon Revilla Jr., the committee found that the proposed acquisition by PLDT of a controlling interest in Digitel is “consistent with and not in violation” of the separate legislative franchises granted to PLDT and Digitel by Congress earlier.

“Yes, we did discuss the committee report but we are in the forefront. We are the ones that were given the primary duty to protect the consumers,” Martinez said.

If the NTC comes out with a decision on Thursday it will immediately hold a full court (en banc) session before it announces its decision.

Sources said that the NTC is likely to approve the PLDT-Digitel deal even if the camp of Globe continues its attempt to delay the approval of the regulators.