Court of Appeals stops NTC from issuing 3G licence

9 Dec 2008

The Philippines’ Court of Appeals has barred the telecoms regulator, the National Telecommunications Commission (NTC), awarding the last remaining 3G mobile licence, following a successful law suit from Bayan Telecommunications (BayanTel), which sought a review of three decision made by the NTC which effectively denied the plaintiff’s application for a UMTS concession. In short, the three NTC edicts are: the order denying BayanTel’s original application for 3G bandwidth and the application of a points-scoring system for ranking applicants; a supplemental order setting out the terms and conditions for 3G licence winners; and the order denying BayanTel’s motion for reconsideration of the consolidated order. In a statement the Court of Appeal said: ‘It is hereby declared a temporary restraining order enjoining the [NTC], its agents or anybody acting in its behalf, from resolving any application for and/or from awarding the one remaining 3G frequency bandwidth allowable for assignment to any applicant therefore or from executing or implementing any writ of execution, order, or resolution for the enforcement of such award, if any.’