This case has been cited 1 times or more.
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2004-07-23 |
AUSTRIA-MARTINEZ, J. |
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| Furthermore, it is well to stress that petitioner TTPI cannot claim any exclusive right to render telecommunications service in areas which the NTC considers to be in need of additional providers. R.A. No. 7925 is quite emphatic on this score, viz.: SEC. 23. Equality of Treatment in the Telecommunications Industry. Any advantage, favor, privilege, exemption, or immunity granted under existing franchises, or may hereafter be granted, shall ipso facto become part of previously granted telecommunications franchises and shall be accorded immediately and unconditionally to the grantees of such franchises: Provided, however, That the foregoing shall neither apply to nor affect provisions of telecommunications franchises concerning territory covered by the franchise, the life span of the franchise, or the type of service authorized by the franchise. (Emphasis Ours) More than anything else, public service should be the primordial objective of local exchange operators. The entry of another provider in areas covered by TTPI should pose as a challenge for it to improve its quality of service. Ultimately, it will be the public that will benefit. As pointed out in Republic of the Phils. vs. Rep. Telephone Co, Inc.:[30] Free competition in the industry may also provide the answer to a much-desired improvement in the quality and delivery of this type of public utility, to improved technology, fast and handy mobil service, and reduced user dissatisfaction. After all, neither PLDT nor any other public utility has a constitutional right to a monopoly position in view of the Constitutional proscription that no franchise certificate or authorization shall be exclusive in character or shall last longer than fifty (50) years (ibid., Section 11; Article XIV, Section 5, 1973 Constitution; Article XIV, Section 8, 1935 Constitution). WHEREFORE, the petition for review on certiorari is PARTIALLY GRANTED. The Order of the National Telecommunications Commission dated November 10, 1997 in NTC Case No. 96-195 is AFFIRMED with the following modifications: Respondent International Communication Corporation, in accordance with Section 27 of NTC MC No. 11-9-93, is required to: Deposit in escrow in a reputable bank 20% of the investment required for the first two years of the implementation of the proposed project; and | |||||