NTC to testify this week in Now Telecom injunction hearing

THE National Telecommunications Commission (NTC) will testify on Friday, Oct. 26, in a hearing for an injunction sought by Now Telecom Co., Inc. over the selection process for the telecom industry’s new entrant, the so-called “third player.”

Now Telecom, an affiliate of listed Now Corp., offered its evidence yesterday, Aldrich Fitz U. Dy, counsel for Now Telecom, told reporters after the hearing at the Manila Regional Trial Court Branch 42.

Now sued on Oct. 9 to block some of the selection terms including various security deposits required of bidders. It contests the terms of reference for selection that require a P700 million “participation security,” a P14 to P24 billion performance security, and a P10 million nonrefundable appeal fee

Mr. Dy said it presented to the court letters it sent to the NTC, two witnesses who were present at the public hearing discussing the terms of selection, and its “position paper wherein we detailed certain observations with respect to the memo circular which have not been considered by the NTC when they finalized the memorandum circular.”

An earlier request for a temporary restraining order (TRO) was rejected, with the court citing the petition’s failure to meet the standards for issuing a TRO.

Mr. Dy said that despite the denial of the TRO, Now Telecom is not discouraged from pursuing the application for preliminary injunction.

“The Court is still receiving evidence so were hopeful that this is the avenue for us be able to present evidence in support of our application for writ of preliminary injunction,” he said.

He said Now Telecom is not asking the court to stop the selection process, saying it wants a neutral party to decide on its objections to the selection terms.

The Department of Information and Communications Technology has set the deadline for submission of bids for third-player selection on Nov. 7. —