Globe, Smart delay implementation
of lower SMS rates
The country’s leading telecommunications players – Globe Telecoms, Smart Communications and its latest acquisition, Digital Telecommunication – yesterday asked for a delay in implementing the industry regulator’s memorandum lowering the short messaging system (SMS) within different networks.
The memorandum, which lowers the charge to P0.80 per SMS message sent instead of the current P1, should have started on November 30.
On December 12, NTC directed Smart, Globe and Sun Cellular to explain in writing within 15 days from receipt of a show-cause order why, despite the issuance of Memorandum Circular No. 02-10-2011, they failed to lower the regular SMS rates.
Globe, Smart and Sun asked for additional time to respond to the show-cause order issued by the telecom regulator.
In their filings with the National Telecommunications Commission (NTC), both Smart and Digitel have asked for another 15-day extension from December 28 to January 12, 2012 to file its answer.
Smart explained that "it has already commenced drafting the aforesaid answer but due to equally urgent professional commitments, as well as the intervening holidays, respondent’s answer cannot be finalized and filed within the period granted."
In a separate filing, Digitel said that "it cannot comply with the said order within the prescribed period since full coordination must be made first among its concerned groups to be able to properly address the matter and come up with the data required, taking into consideration the volume of data records that needs to be scanned or processed"
Globe has asked for an additional period of 20 days from December 28 to January 17, 2012 within which to file its answer or appropriate response to the show cause order.
"Due to heavy pressure of work consisting of preparation of equally important pleadings, conferences and appearances in court and other judicial bodies, undersigned counsel for respondent needs an additional period of 20 days from December 28, or until January 17, 2012 within which to file its answer or appropriate response/pleading," Globe said.
Instead of implementing the lower rates, Globe and Smart said that they would instead offer more "bucket" pricing and unlimited promos to further lower the cost.
The telcos were likewise ordered to preserve and submit all SMS data records of all subscribers charged P1.00 per SMS sent containing details such as: SIM number, date, quantity of SMS per date from 12:01 a.m. of December 1, 2011 until such time that the NTC requires.
In the meantime, Smart, Globe and Sun were required to submit a weekly report to the commission as to the total quantity of SMS charged P1.00 per SMS commencing from the aforementioned date.
"Smart intends to question the issuance of the said show-cause order and Smart’s alleged violation of Memorandum Circular No. 02-1-2011. The submission of the requested data when it becomes available will be premature as it pre-empts the meritorious and valid defenses that Smart will allege in its answer in support of its position on this matter. Hence, Smart is constrained to file the present manifestation to address this Honorable Commission’s order requiring it to submit SMS data on a weekly basis," Smart said.
Smart further asked the NTC to defer enforcement of the order on the submission of the SMS data until the show cause order have been found valid.