MANILA, Oct. 20 (PNA) — The Court of Appeals (CA) has stopped the implementation of an order of the National Telecommunications Commission (NTC) directing the Smart Communications Incorporated (Smart) to refund the excess collection in text messaging.
This was through a temporary restraining order (TRO) issued by the CA Sixth Division following the petition filed by Smart.
In a five-page resolution dated Oct. 17, 2014 and released on Monday, the CA particularly stopped the implementation of the Nov. 7, 2012 and May 7, 2014 order of the NTC directing the refund because of excessive collection in short messaging system (SMS) rate.
In the assailed order, the NTC directed the telecommunication companies (telcos) to implement a refund of the excess of 20 centavos in their collection in the “per off-net SMS” brought about by their non-compliance with the NTC Memorandum Circular 02-10-2011 issued in October 2011.
In the said memorandum, the NTC ordered that from Php1.00, the telcos must reduce to 80 centavos the collection in the “per off-net SMS” or the text message sent through the other network.
This was because the NTC directed that from 35 centavos, the telcos should only impose a 15-centavo “interconnection charge.”
The TRO issued by the CA will last for 60 days and it will take effect once the Smart has paid a Php500,000 bond.
The CA Sixth Division earlier issued a TRO in favor of Digitel Philippines, Inc. (Digitel).
In the latest resolution, the CA also set the next hearing on the petition for the issuance of writ of preliminary injunction filed by Digitel and Smart on Nov. 10, 2014. (PNA)