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Globe cites NTC for Smart’s continuing text, call promo despite regulatory halt

GLOBE Telecom Inc. wants the National Telecommunications Commission (NTC) to bar the wireless units of Philippine Long Distance Telphone Co. from offering text and call promos that the regulator earlier stopped until the latter settles their penalties for violating rules on rate discrimination.

In a filing with the regulator, Globe said that despite an NTC decision, Smart Communications Inc. and Pilipino Telephone Corp. (Piltel) are still offering all promos the regulator had ordered a halt to.

“Worse, the Honorable Commission gave their administrative approval on the promos subject of the instant cases on April 18,2008 . . . Administratively approving the promos which are the very subjects of the cease and desist order contained in the [NTC] consolidated order of 10 April is highly irregular,” the petition of the Ayala-led telecom company read.

Earlier, the NTC ordered Smart and Piltel to pay P364,800 and P51,000, respectively, for violating the anti-discrimination rules through their “Gaan Talk P10/3 min Flat Rate,” “Gaan Text All Text P2 load,” and “All Day Texting 258 Call + Text” promos. The regulator said Piltel and Smart were found liable for violating Section 210 of NTC Memorandum Circular No. 8-9-95 prohibiting rate discrimination with respect to interconnection between carriers.

Section 4, Article 4 of NTC MC. No. 14-7-2000 mandates interconnection on a basis that is non discriminatory and no less favorable as to terms conditions, and rates. Globe noted that the NTC’s decision “cannot just flip-flop via administrative approvals without doing violence to rudimentary precepts of due process. The final decision of the Honorable Commission in the instant cases constitute a definite and conclusive bar to any approval, issued either administratively or quasi-judicially, of the subject promo.”

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