[UPDATED] CA denies NOW Telecom plea
CA’s Special Ninth Division denied the motion for reconsideration filed by Now Telecom seeking the reversal of its 21 September 2023 decision which denied its petition for mandamus filed against the NTC
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Daily TribuneCA’s Special Ninth Division denied the motion for reconsideration filed by Now Telecom seeking the reversal of its 21 September 2023 decision which denied its petition for mandamus filed against the NTC
NOW Telecom Company Inc., which sought to become the country’s third major telecommunications provider, received a final denial from the Court of Appeals or CA after it upheld a decision last year junking the company’s plea to become the third telecommunications player.
The CA ruling came days after the SC affirmed the CA decision and returned the case to the lower court for a final ruling.
NOW’s petition sought to compel the National Telecommunications Commission to comply with the Anti-Red Tape Authority decision allowing it to operate a third cellular mobile telephone service within a specific frequency range.
Associate Justice Tita Marilyn Payoyo-Viordon in a four-page resolution said CA’s Special Ninth Division denied the motion for reconsideration filed by Now Telecom seeking the reversal of its 21 September 2023 decision.
The CA said it found the motion for reconsideration to be a “mere rehash” of its previous arguments in its petition, which has already been addressed by the court.
No new issues
It declared that the telecommunication firm failed to raise new issues, interpose new compelling arguments, or present new credible evidence in its MR which would warrant a reconsideration or reversal of our decision.
The Supreme Court upheld the denial of NOW Telecom to halt the NTC from enforcing the provisions of its memorandum circular imposing certain qualifications and restrictions concerning the entry of participants to become new major players in the telecom industry.
Consequently, NOW Telecom was defeated by Mislatel Consortium, a partnership between Udenna Corporation and China Telecom, in the 2018 bid for a new major player in the telecommunications industry.
Mislatel subsequently transformed into Dito Telecommunity Corp.
NOW Telecom in 2023, secured a $2.15-million grant from the United States Trade and Development Agency for the development and implementation of a mobile and fixed wireless network using 5G technology.