Supreme Court dismisses 4 telcos from 3G frequency bids

The Supreme Court affirmed the dismissals of four telecommunication companies from third-generation mobile communications technology (3G) frequency bids.

In a decision consisting of 44 pages, the High Court’s Second Division denied the petitions filed from the following:

• Next Mobile Incorporated (NOW Telecom)
• Bayan Telecommunications (BayanTel)
• Multi-Media Telephony Incorporated (MTI)
• AZ Communications

These companies have been denied applications for 3G radio frequency. This resulted from the Supreme Court affirming two orders from the National Communications Commission (NTC) in December 2005 and August 2008.

The Supreme Court added that the NTC has ‘full discretion to assess and evaluate applicants to these frequency spectrums’. The decision was penned by Senior Associate Justice Marvic Leonen.

The NTC oversees the allocation process for frequencies to ensure quality. Republic Act No. 7925 tags radio frequency spectrum as a ‘scarce public resource’, which dictates that the government should allocate these to providers ‘who will use it efficiently and effectively to meet public demand’.