Businessman Mel Velarde’s NOW Telecom said Tuesday it remains in contention for the third telecom company slot.
The company rebutted reports suggesting that the High Court had dismissed its legal challenge against the National Telecommunications Commission’s (NTC) selection process for a new major player (NMP).
NOW Telecom said its case on the NTC’s Memorandum Circular (MC) No. 09-09-2018 and its quest for frequencies remain active.
“Contrary to the erroneous information being disseminated, NOW Telecom’s claims for frequencies or the nullity of Memorandum Circular, or MC, No. 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 filed a complaint against the NTC in 2018 at the Manila Regional Trial Court.
It challenged the constitutionality and validity of the MC, which provided the rules and regulations for selecting the NMP, and opposed the bidding to protect the players’ rights.
NOW Telecom said that as the court denied the application for a temporary restraining order, it elevated the case to the Court of Appeals and later to the SC.
NOW Telecom’s complaint to declare the NTC’s MC unconstitutional and illegal remains pending before the CA, it said.
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—paired with 2160 to 2170 MHz—and the 3.6 GHz to 3.8 GHz ranges.
These frequencies were part of the automatic approval issued by the Anti-Red Tape Authority after NTC complied with ARTA’s ruling to renew NOW Telecom’s license to operate, it said.
The frequencies are the subject of a separate proceeding pending before the Office of the President and a different court, the company said.
NOW Telecom said it continues to operate as a telecommunications company with frequencies awarded by the NTC, which it uses to build and operate its “trusted network.”
NOW Telecom’s franchise to operate has been extended for another 25 years until 2043.