By GMA Integrated News

The Supreme Court has affirmed the previous orders of the National Telecommunications Commission (NTC) disqualifying Next Mobile Inc., presently operating as NOW Telecom, and three other firms from applying for 3G radio frequency.

Aside from Next Mobile Inc., the three other firms were Bayan Telecommunications (BayanTel), Multi-Media Telephony Inc. (MTI), and AZ Communications Inc.

Th SC decision,  penned by Senior Associate Justice Marvic Leonen, upheld the order of the NTC regarding the 3G frequency application of the four telecommunication companies.

NTC had argued that Next Mobile’s petition had been correctly dismissed by the Court of Appeals for being insufficient in form. It also said the petition was the improper remedy for its lost appeal.

According to the SC, Next Mobile was correctly disqualified for unpaid fees, since all other applicants paid their Spectrum User Fees and Supervision and Regulation Fees, even under protest.

The SC pointed out that the grant of the remaining 3G bandwidth assignment “shall be within the [NTC’s] discretion subject to the required application procedures as may be required under relevant laws, rules, and regulations.”

The ruling also explained that to qualify for a 3G frequency, an MC 07-08-2005 mandates that the applicant must have no outstanding unpaid SRFs, SUFs, radio station license fees, permit fees, and other fees imposed by the NTC in accordance with applicable laws, rules, and regulations.

It further cited Republic Act (RA) 7925, which states that radio frequency spectrum is a limited public asset, ”reserved for telecom providers demonstrating efficient use and embracing new technologies.”

GMA News Online has reached out to NOW Managing Director for Business Development Kristian Noel Pura for comment but he has yet to respond as of posting time.

BayanTel

Meanwhile, the SC pointed out that the Court of Appeals had erred in finding that BayanTel was entitled to the last 3G frequency.

The SC said it finds peculiar for the CA to invalidate the point system used by the NTC in allocating 3G frequencies due to alleged non-compliance requirements, but still used it to argue for assigning the final slot to BayanTel.

It added that failure to comply, even if due to circumstances beyond control, impacts service quality and undermines public interest. —Anna Felicia Bajo/KBK, GMA Integrated News