Businessman Mel Velarde’s NOW Telecom on Tuesday said its quest for a third slot in the telecommunications industry remains in contention and very much valid despite claims of a Supreme Court rejection.
The company rejected reports suggesting the High Court has dismissed its legal challenge against the National Telecommunications Commission’s (NTC) selection process for a new major player (NMP).
NOW Telecom maintains that its case against NTC Memorandum Circular 09-09-2018 and its quest for frequencies remains active.
“Contrary to the erroneous information being disseminated, NOW Telecom’s claims for frequencies or the nullity of MC 09-09-2018 have not been denied by the Supreme Court,” NOW Telecom said.
“Until the SC makes its final decision on the merits of the case, the third telco bidding shall remain valid and legally effective but may still be subject to the court’s scrutiny and ruling,” it said.
NOW Telecom earlierb filed a complaint against the NTC in 2018 before the Regional Trial Court of Manila.
NOW Telecom challenged the constitutionality and validity of the circular from which the rules and regulations in selecting the NMP, and opposed the bidding to protect its rights.
Since the application for a temporary restraining order was denied by the court, NOW Telecom elevated the case to the Court of Appeals and later to the SC.
NOW Telecom’s petition to declare the NTC circular as unconstitutional and illegal continues to pend before the CA.
The company said the proceedings before the Regional Trial Court of Manila and the SC did not involve NOW Telecom’s claim for frequencies in the 1970 to 1980 MHz band and the 2160 to 2170 MHz—and the 3.6 GHz to 3.8 GHz frequency band as well.
These frequencies were part of the automatic approval issued by the Anti-Red Tape Authority after NTC complied with the ARTA ruling to renew NOW Telecom’s license to operate.
The frequencies are the subject of a separate proceeding before the Office of the President and a different court.
Despite the recent SC decision, NOW Telecom continues to operate as a telecommunications company with frequencies awarded by the NTC, which it uses to build and operate its network.
NOW Telecom’s franchise to operate has been extended another 25 years to 2043.
