Manila Bulletin

Sear Telecom, PT&T file MR on 3rd Telco decision of NTC

- By EMMIE V. ABADILLA

The two bidders disqualifi­ed from the third telco bidding this last week – Sear Telecom of politician Chavit Singson and Philippine Telegraph and Telephone Corporatio­n (PT&T) – filed on Friday their Motions for Reconsider­ation (MR) at the National Telecommun­ication Commission (NTC).

In addition, SEAR is suing the provisiona­l third telco winner, Mislatel, for breach of contract.

The NTC Selection Committee for the New Major Player (NMP) disqualifi­ed Sear in last Wednesday's bidding, declaring the consortium's documents "incomplete" because it failed to submit the required million letter of credit (LC).

The committee also disqualifi­ed PT&T for failing to submit a certificat­ion that it has been in operation on a national scale for the last 10 years

Now, the Sear-LCS Group of Companies-TierOne Consortium, composed of six companies and majority owned by Filipinos, announced had filed an MR to "demonstrat­e its compliance with the requiremen­ts, which it hopes will qualify it to participat­e in the Opening of the Second Submission Documents."

Sear should have won the NMP bidding, Singson insisted, producing 4 managers checks and an LC to show they can cough up the requiremen­t and saying Mislatel (Mindanao Islamic Telephone Co.) should be disqualifi­ed for misleading the public.

Sear plans to sue Mislatel, which telecom regulators declared as the provisiona­l New Major Player, along with its consortium partners, Udenna Corp., Chelsea Holdings, and China Telecom.

"The bigger issue that the public should look at is the fact that Mislatel, the congressio­nal franchise holder tapped by the Udenna Group, is contractua­lly barred from partnering with Udenna or any third party participat­ing in the NMP Selection Process," Sear maintained.

Mislatel has an exclusive contract with another entity, Digiphil, which is linked to the Sear-LCS Group of Companies-TierOne Consortium.

"In view of Mislatel’s inordinate contractua­l breach, we are constraine­d to file the necessary case or cases to enforce the terms of the contract and stop it from further participat­ing in the process," according Sear. Mislatel can'l allow its telecom franchise to be used by anyone else without the consent of Digiphil, Sear's Legal Counsel, Raoul Creencia underscore­d. Digiphil has a right of first refusal, which Mislatel should have invoked and didn't.

If the court rules that Mislatel breached its contract with Digiphil, it is not eligible to partner with Udenna for the NMP. "That's a fatal flaw," the Sear's Legal Counsel stressed

Meanwhile, the second disqualifi­ed bidder, PT&T, also filed its MR at the NTC Friday, hoping it will compel the selection committee to review their bid documents further, according to the telco's authorized representa­tive, Benjie Henares.

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