Bayantel Telecommunications and Globe Telecom called for the dismissal of the PLDT-instigated case for “utter lack of merit” at the Court of Appeals (CA).
In the Joint Rejoinder of Bayan-Globe to the 17th Division of the CA last October 30, both telcos also asked the CA to correspondingly lift the Temporary Restraining Order (TRO) it issued last October 9 against NTC and to deny the granting of a writ of preliminary injunction.
In the said Joint Rejoinder, Globe maintains that PLDT’s “pushing its ‘bully’s agenda’ on flimsy grounds shows it will stop at nothing to prevent a five-billion peso (Php 5,000,000,000) rehabilitation effort by Globe from seeing the light of day”. Globe also insists that “ironically, petitioner (PLDT) has the audacity to pontificate that Bayantel and Globe are the ones conspiring ‘to create an anti-competitive environment’ in the telco industry”.
Bayan-Globe showed the CA that PLDT’s overstated right to be protected has no basis since Bayan’s rehabilitation will simply put back a far third player on its feet – not becoming “unfair competition” at all.
Bayan’s co-use of its radio frequencies with Globe “are not at all inimical to petitioner PLDT nor to the industry or the subscribing public as they will not only mean the success of Bayan’s rehabilitation but a benefit for the rapidly expanding consumer market by empowering them with more choices and faster and better products and services”.
“Furthermore, there is no issue on the need for a Congressional approval with the alleged franchise transfer since what is being transferred are only Bayan’s shares of stock and not its franchise.” The joint petition also cited the Supreme Court ruling in the case “PLDT v. NTC”, that the “transfers of shares of a public utility corporation need only NTC approval, not Congressional authorization”.
Industry pundits recall that the naked monopolistic power that PLDT would exercise over the budding telco industry was unshackled by the telecoms deregulation law – RA 7925 – only for this law to be continuously frustrated by PLDT’s damaging adventures like its latest tactics in preventing Bayan, its employees and current customers from realizing the fruits of the Pasig RTC – approved rehabilitation plan.