Globe, Altimax say co-use allowed
Globe Telecom Inc.’s subsidiary Innove Communication Inc. and Altimax Broadcasting Corp. recently said their co-use of a frequency for broadband services is allowed by law.
Globe and Altimax, in a joint answer to Smart Telecom’s petition asking the regulator to issue a cease and desist order against Altimax for leasing its frequency with Globe, said co-use is different from leasing.
"Under pertinent law, rules and regulation, frequency co-sharing or co-use is not prohibited but is in fact encouraged and legally mandated as a matter of practice and policy of and before the (National Telecommunications Commission)," Globe and Altimax said.
"No exclusive or sole use right was granted Altimax to its assigned frequencies nor was there any prohibition against its sharing said frequencies," they said.
Globe and Altimax also filed a counter petition asking the regulator to immediately recall all the frequencies held by Smart for immediate divestment to qualified telecom companies.
"Smart has no legal personality/capacity and is not legally qualified to provide telecommunication services in the Philippines since it is not a Philippine public utility or a Philippine national. It is a subsidiary 100 percent owned by PLDT, a corporation declared by no less than the Supreme Court en banc in Gamboa as 64 percent owned and controlled by foreigners," the two companies said.
The regulator has postponed twice the public hearing set last month due to Globe and Altimax’s failure to file their joint answer to the Smart complaint.
Another hearing was set for November 9.
The PLDT wireless subsidiary is asking the NTC to issue a cease and desist order that would stop Globe from using the broadcast frequencies that had been assigned to Altimax.
These frequencies had been granted to Altimax for the purpose of offering broadcast TV services. However, Globe is using these to offer broadband internet services under a 2009 lease agreement with Altimax.
Smart has asked the NTC to recall the 30 megahertz of frequencies assigned to Altimax and to make these available for application by qualified telecoms operators.
