Extelcom gets 10 days to comment on BayanTel appeal

The Supreme Court has asked Express Telecom (Extelcom) to comment within 10 days on an appeal filed by Bayan Telecommunications (BayanTel) for the High Tribunal to reconsider its earlier decision, which in effect will nullify the latter’s provisional authority to engage in the mobile phone service business.

It was Extelcom which originally questioned before a lower court the grant by the National Telecommunications Commission (NTC) to BayanTel for a cellular mobile telephone system PA, saying that there are already so many CMTS operators as well as limited radio frequencies available.

Extelcom also arqued that the NTC tailored fit BayanTel’s CMTS license.

A lower court granted Extelcom’s petition, which was upheld by the Supreme Court. Recently, Bayantel asked the SC to reconsider its decision.

The High Tribunal’s second division gave Extelcom 10 days from receipt of its recent order to file a motion to dismiss BayanTel’s appeal.

"After deliberating on the petition for review on certiorari dated April 9, 2001, the Court, without giving due course thereto, resolves to require respondent to comment thereon, not to file a motion to dismiss, within 10 days from notice hereof," the court said.

With the SC’s recent decision, the Lopez-owned firm is hopeful that the high bench will rule in their favor.

"If Express Telecom will not file their comment then we can win this case. But if they do so, at least, there is now a level playing field because we are now permitted to present our appeal where all our arguments on why our license should be reinstated will be stipulated," BayanTel vice president Edgardo Balbin said.

Court records showed that on March 13, 2001, the CA nullified BayanTel’s provisional authority to install, maintain and operate a CMTS network. BayanTel appealed the case before the SC on the first week of April but this was denied due to a technicality.

Balbin also said there is now a move to consolidate its case with that of the NTC appeal since it involves the same case. "These two cases should not be divided. We are just eliminating the possibility that there will be two different rulings for two same cases," he said.

The NTC issued BayanTel’s CMTS license on May 3, 2000. The commission is poised to recall the 10 megahertz frequencies of BayanTel if the Court rules in favor of Extelcom. — Mary Ann Reyes