Globe Telecom Inc. wants the government’s newly created anti-trust body to summon the National Telecommunications Commission to clear certain issues about the acquisition of the telecommunications assets of San Miguel Corp.
Globe, a unit of conglomerate Ayala Corp., said it was “puzzled” until now why the Philippine Competition Commission had claimed the notice and filing were insufficient.
“Globe has bent backwards more than it can to accommodate PCC and comply its requests for more information. PCC perhaps might be looking for a non-existent document,” the company said.
“The PCC would have been more enlightened if it just coordinated with the NTC as to how this transaction was treated historically and how spectrum was assigned and allocated,” Globe said.
Sources said the PCC wanted PLDT Inc. and Globe to submit the co-use agreement of frequency between them as approved by the NTC.
Globe said it had provided the PCC with more information and documents in succeeding filings on June 9 and 15.
“Globe graciously gave these additional documents for their reference and information though no longer required by their own rules. Globe even sought a dialogue with the PCC to answer and clear any issue the PCC may have,” it said.
“Globe is disappointed that PCC is not considering this transaction in accordance with their own rules. This is whimsical and we cannot be subjected to some processes the PCC just conjured for this transaction, and not properly disclosed beforehand. This is in violation of the equal protection and due process clause of the Constitution. This is bad for business,” the Globe said.
PLDT, meanwhile, said the notices were filed on time and contained the essential terms of the transaction.
“The transaction has been deemed approved by operation of the provisions of the Commission’s transitory circulars,” PLDT said.
“The Commission has no power or authority to interpret its rules as it deems fit. The terms of the Commission’s transitory circulars were clear and left no room for interpretation. It behooves the Commission to follow its own rules,” it added.
The P70-billion deal between PLDT, Globe and San Miguel was sealed on May 30, while the PCC rules were published on June 3 and would take effect after 15 days.
PCC, however, said PLDT and Globe “erroneously interpreted the rules as vesting in them the sole prerogative to determine sufficiency of their submission and automatic approval of their own transaction.”
The anti-trust body received 61 notifications under its circular and all parties had complied, adding that only Globe and PLDT declined to comply.
PLDT and Globe also filed before the Court of Appeals a temporary restraining order against PCC, after declaring the P70-billion acquisition of San Miguel assets by Globe and PLDT was not “deemed approved” and would need a review.