Bidding for 3rd telco set on Wednesday
By Aerol John Pateña November 6, 2018, 7:59 pm
MANILA -- The selection for the local telecommunications industry's new major player will push through on Wednesday, November 7, after the Manila Regional Trial Court (RTC) junked the petition for writ of preliminary injunction filed by Now Telecom.
The Department of Information and Communications Technology (DICT) and the National Telecommunications Commission (NTC) expects to name a provisional third telco player that will challenge the existing major players PLDT and Globe Telecom on that date.
“Bid will push through tomorrow. Deadline of submission will be until 10 a.m.,” NTC public information officer Paolo Arceo said in a text message to the Philippine News Agency (PNA).
In its decision dated Nov. 5, the Manila RTC Branch 42 said Now Telecom has no legal right to be entitled to a writ of preliminary injunction as the company has participated in the selection process through purchasing bidding documents.
“When plaintiff openly declared that it is not seeking to enjoin the selection process, plaintiff itself diluted or worse, mooted its own request for injunctive relief against the implementation of the assailed provisions of Memorandum Circular No. 09-09-2018. This is so because by conceding that the selection process ought to proceed, it cannot, in the same breath, refuse to comply with the mandates of the subject circular,” the decision which was written by Presiding Judge Dinnah Aguila Topacio stated.
Furthermore, Now Telecom has admitted during the hearings on their petition that it has no paid-up capital of at least PHP10 billion based on their latest financial statement which is one of the requirements to qualify as a third telco player.
“It so appears that plaintiff has yet to meet, at the time of the hearing for the writ, the financial yardstick necessary for it to participate in the selection process as a new major player, its right to be protected from the alleged unjust and confiscatory provisions of the Memorandum Circular No. 09-09-2018 is far from clear,” the court said.
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