NTC won't revoke BellTel's wireless frequency assignment

MANILA, Philippines - The National Telecommunications Commission (NTC) has dismissed an administrative case seeking to revoke the wireless local loop frequency assigned to Bell Telecommunication Philippines Inc. (BellTel).

The NTC said BellTel has not violated the provisions of NTC memorandum circular 3-3-96 for in-operation and not using the frequencies that were assigned to the company.

BellTel was assigned the frequencies in 1998 within the 1710-1720 and 1805-1815 MHz band to set up a wireless local loop which is a wireless communications link for traditional telephone service.

In August 1999, BellTel sought and received a permit to buy radio equipment from Airspan, which were delivered in October 2001, and asked for construction permit from the NTC’s Frequency Management Division (FMD) in December 2003 to put up two stations in Makati and Biñan, Laguna.

However, the FMD said it did not approve BellTel’s application after noting that the equipment it bought does not support operating within the 1710-1720/1805-1815 MHz band and those frequencies were already candidates for recall.

The FMD added that while BellTel was granted permit for the operation of 87 stations all over the country, it sought to put up two stations only — and Makati was not even included in its original list of proposed stations.

According to the FMD, BellTel’s permit to purchase equipment carries with it conditions that include the cancellation of the permit and the recall of the proposed frequencies for failure to file applications for construction permits.

It noted that BellTel’s frequencies were thus included in the list of candidates for recall since it sought permits for only two stations and did not apply for permits for the remaining 86 stations (since Makati was not in the original list).

NTC MC 3-3-36 also provided that assigned radio frequencies unused for at least one year from the date of issuance of permits and licenses shall be recalled after service of notice in writing.

Because of this provision, the FMD had decided that the proposed frequencies for the remaining 86 stations may be recalled as they have been unused since 1998 when BellTel’s permit to purchase was issued.

The FMD also said BellTel failed to pay its spectrum user fees (SUF) and MC 10-10-97 provides that frequencies assigned to defaulting carriers must be transferred to other duly authorized carriers.

It also pointed out the BellTel’s WLL frequency allocations are on shared basis only and were not assigned exclusively.

However, the NTC’s common carrier authorization department said BellTel should first have been ordered to explain why the equipment it bought were not suitable for its proposed frequencies.

The CCAD added that the FMD should have first allowed BellTel to put up its first two stations and then moved to recall the frequencies only if it had not expanded and installed the other 85 or 86 stations.

It said BellTel should also be asked to show proof of payment of its SUF.