Two broadcast firms seek NTC reconsideration

MANILA, Philippines - Two broadcasting companies have asked the National Telecommunications Commission (NTC) to reconsider its decision not to renew their provisional authorities to operate a multichannel multipoint distribution service (MMDS).

VOM Broadcasting Corp., in a motion filed with the NTC, said the commission erred in denying its earlier request for extension and renewal of its provisional authority (PA).

In a separate filing, Exodus Broadcasting Co. is similarly asking the NTC to set aside its decision denying a motion for the renewal/extension of its PA, saying the commission cannot demand for the rollout of its MMDS service since the NTC did not provide for the required standard/platform for digital technology and the standard for digital terrestrial television to be adopted by the Philippine broadcast industry.

VOM pointed out that the NTC cannot deny its motion for renewal on the ground of non-operation or failure to implement the terms and conditions of its PA when the NTC itself inexplicably failed to issue VOM in 2003 the required permit to purchase digital head-end needed to operate the MMDS.

The company said NTC issued the order in haste, either to beat the June 30, 2010 deadline for those sitting in office or to preempt the issuance of a writ of preliminary injunction by the Regional Trial Court of Pasig City, involving the NTC’s reassignment of VOM’s frequencies to Smart Broadband without due process and the corresponding legality of NTC MC 06-08-2005.

It noted that the NTC cannot further use as basis for denying applicant’s motion for renewal its non-operation or failure to commence its rollout plan as required by VOM’s PA when the NTC at that time had yet to prescribe the standard format/platform that will be used by the industry for video and audio compression and the transmission scheme for the operation of digital TV in the country.

“In fact, the NTC has prescribed the said standard format/platform only recently thru MC 02-06-2010, dated June 11, 2010, adopting the ISDB-T standard for the country,” VOM said.

VOM added that the NTC likewise erred in stating that it failed to pay for its spectrum users fee (SUF) when no statement of account, billing or assessment has been made or issued by the NTC.

For its part, Exodos said “there are no guidelines for the operation of a digital head-end for MMDS services from the time Exodus was granted a PA to operate until May 2010.”