Shortly after PLDT filed a TRO against the Philippine Competition Commission (PCC), Globe has filed the same before the Court of Appeals to preserve the multi-billion peso deal with San Miguel Corporation.
According to Globe, the parties have strictly followed the provisions of Sections 4 and 5 of the PCC Memorandum Circular No. 16-002 when it made the acquisition in late May 2016. Meaning the transaction is already “deemed approved” under the rules of the PCC.
“Under the own rules of the PCC, the transaction is already “deemed approved”, and the PCC cannot by whim or caprice state that it wants a review without any legal basis. The PCC cannot withhold and block the transaction out of a process not found in their own rules, and not disclosed to the public.”
Despite the petition, Globe will continue to roll out services using the spectrum it acquired from SMC’s telco assets which includes 700 MHz frequency. The telco also insists that “there is nothing anti-competitive with the transaction to warrant its disapproval.”
Read full statement below:
Globe Telecom files case before Court of Appeals; says it will continue network improvements despite PCC stance
Globe Telecom filed a case before the Court of Appeals to preserve the multi-billion peso deal which will allow the telecommunications company to immediately use the underutilized frequencies owned by SMC for public benefit.
In its petition for certiorari, prohibition and mandamus with prayer for a temporary restraining order, Globe emphasized that when the acquisition was made in late May of this year, the parties have strictly followed the provisions of Sections 4 and 5 of the PCC Memorandum Circular No. 16-002. Under the MC, the deal is deemed approved if they are “consummated after the effectivity of the memorandum circular but before the effectivity of the implementing rules and regulations.” The PCC however chose to disregard this and took the position it is not bound by its own rules.
Under the own rules of the PCC, the transaction is already “deemed approved”, and the PCC cannot by whim or caprice state that it wants a review without any legal basis. The PCC cannot withhold and block the transaction out of a process not found in their own rules, and not disclosed to the public.
Despite this Petition, Globe continues to roll out using the co-used spectrum with the joint buyout of San Miguel’s telco assets, as the company is committed in improving the internet experience of its customers. Specifically, the company is activating the 700 MHz frequency spectrum in about 500 based stations in various parts of the country. Globe is also making use of its additional allocation in the 2600 MHz band to provide additional layer for its LTE network for faster data connectivity.
Globe further insists that there is nothing anti-competitive with the transaction to warrant its disapproval. In fact, the immediate use of the underutilized frequencies have spurred a series of competitive data offers that drastically brought down prices of mobile data for prepaid customers.
Wow globe at pldt, bakit nyo naman gustong iblock ang investigation ng pcc kung walang fishy sa transaction? President digong kayo na ang bahala sa dalawang telco na ito. At sa mga taga pcc tax well spent, wag kayong papabully sa private companies full support ang consumers sa ginagawa ninyo ngayon.
Funny because most technical observers realize that the sudden cordial partnership between PLDT and Globe was exactly about buying all SMC telecom assets so that should Duterte exercise his threat to allow more foreign competition there would be a significant additional barrier to anyone other player wanting to enter the market.