The Court of Appeals (CA) in the Philippines has thrown out a petition filed by domestic wireless operator Next Mobile looking to prevent the national regulator the National Telecommunications Commission (NTC) from implementing two decrees that effectively denied Next Mobile’s bid for a 3G operating licence. According to local newspaper the Business Mirror, Next Mobile filed for a temporary restraining order or writ of preliminary injunction in October 2008 after its motion for reconsideration before the NTC was denied in August. However, the CA ruled that the cellco’s resolution was ‘not the appropriate petition’ and dismissed the case on a technical issue. The CA said that Next Mobile should have cited Section 4, Rule 43 and not Rule 65. The operator’s original licence bid failed because it owed the regulators PHP126.09 million (USD2.61 million) in regulatory fees and PHP9.67 million in spectrum fees as of December 2005. The company has questioned the NTC’s assessment on unpaid charges in a separate filing and this is now pending with the CA.