SC asks parties to comment on 700 MHz suit

MANILA — The Supreme Court (SC) on Tuesday asked parties to comment on a suit challenging the validity of the “co-use agreement” between the Philippine Long Distance Telephone Co./Smart Communications, Inc. (PLDT/Smart) and Globe Telecoms, Inc. for the use of certain frequencies, including the coveted 700 megahertz (MHz) frequency.

At the end of its en banc session, the High Court asked the National Telecommunications Commission (NTC), the Philippine Competition Commission (PCC), and the telecommunications companies to comment in 10 days on both the petition filed by lawyers Joseph Lemuel Baligod Baquiran and Ferdinand Tecson.

Acting Chief Justice Antonio Carpio confirmed the action adopted by the en banc, requiring respondents NTC, PCC, PLDT/Smart, Globe and San Miguel Corp.’s Liberty Broadcasting Network, Inc. (now known as Tori Spectrum Telecom) to comment on the petition that seeks to revoke the agreement.

In their 48-page petition, Baquiran and Tecson pointed out that the original legislative franchise on the 700 MHz frequency was granted to Liberty Broadcasting for television broadcasting and not for telecommunications.

The petitioners also sought a restraining order to stop both PLDT/Smart and Globe from using the 700 MHz broadcast frequency and the following telecom frequencies: 2540-2545 MHz, 2580-2595 MHz, 2535-2540 and 2565-2580 MHz.

PLDT/SMART and Globe acquired the frequencies after purchasing shares of stock of SMC’s Vega Telecom. (Benjamin Pulta/PNA)

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