The Ayala-owned operator said under the transitory rules of the PCC, the transaction — which happened on May 30 — needed only a notice to the PCC and should be ?deemed approved? and not subject to review. ?Stating that this transaction should still be subject to review despite its own rules, the PCC has changed the rules suddenly in the middle of a game and acted on it whimsically,? Globe fumed. Froilan Castelo, Globe general counsel, expressed the company?s frustration on how PCC is handling the SMC transaction. ?We are not against PCC to do its mandate but what we are opposing is the inconsistent policy in implementing its rules and regulations.” Globe said it has invited the PCC to investigate the conduct and behavior of the companies in the transaction as part of the PCC?s plenary powers, but maintained that the transaction should be ?deemed approved?. Castelo said the PCC?s action ?does not make good regulatory sense as rules and regulations should be clear and consistent, whereby business can make good business decisions based on such.? Castelo further noted that the PCC also invited the public to comment on this case, considering it involves the adjudication of rights of parties. ?This is highly irregular as government agencies like the PCC can only validly conduct public consultations in the exercise of their rule?making powers. Certainly, the transaction we have is adjudicatory in nature involving the rights of private parties, and the PCC is in no way performing as if to issue new guidelines and implementing rules for the benefit of the public,? he said. Globe claimed it strictly followed the provisions of Sections 4 and 5 of the PCC Memorandum Circular No. 16?002 before the deal was closed last May. Under the MC, the deal is deemed approved if they are ?consummated after the effectivity of the memorandum circular but before the effectivity of the implementing rules and regulations.? ?The PCC, however, chose to disregard this and took the position it is not bound by its own rules,? the telco asserted. Globe said it will be undeterred and vowed that it will continue to roll out new cell sites using the 700 MHz frequency spectrum it acquired from the deal. ]]>
Furious Globe blasts PCC for ?inconsistency of applying rules?