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DIGITEL Mobile Phils. Inc. (DMPI) has denied a consumer group’s
allegations that the telecommunication industry is “digitally
robbing” mobile-phone subscribers, thus, a permanent cease and
desist order (CDO) against telcos must be imposed.
In a reply to the show cause order issued by the
National Telecommunications Commission (NTC), the operator of Sun
Cellular said the Cellphone Owners and Users of the Philippines Inc.
(COUP) “failed to prove or show that the alleged illegal acts were
indeed committed by the respondents.”
DMPI also said the group did not say the extent
each respondent committed the alleged illegal acts.
COUP had asked the regulator to issue a
permanent CDO against Smart Communications, Globe Telecom and Sun
Cellular for allegedly imposing “illegal charges.”
Among the complaints the group has presented
include vanishing loads, dropped calls, spam messages, delayed
messages, illegal charging, charging of calls on a per minute basis
and illegal charges and billings.
The consumer group added that the mysterious and
explained disappearance of loads, false advertisement and illegal
deductions of loads were tantamount to “digitally robbing” the
millions of subscribers of billions of pesos.
DMPI also denied that the occurrences of
technical problems such as interrupted calls, dropped calls and poor
signal are persistent and uncontrollable.
“Complainants failed to show that they have a
legal right to be protected. This is evident from the very fact that
they went amiss in presenting any proof or evidence that they are
indeed subscribers of respondents which would entitle them to their
rights as subscribers and consumers,” DMPI said.
The company said “mere allegations are not
sufficient to overturn even the presumption that they have a legal
right to be protected.”
DMPI has also opposed Coup’s request to open
their books and provide copies of their financial records from prior
years up to the present so the complainants could determine all the
alleged illegal charges slapped on mobile phone subscribers.
The company said divulging and disclosing its
operations and business practices through access to their documents
and records is a trade matter. Compelling it to disclose such
matters would “cripple respondent’s business and to place it an
undue disadvantage.”
“This would result in nothing less than the
probable demise of respondent’s business,” DMPI said.
The company said Coup has not shown its “legal
personality to operate business, the roster of membership or number
of its members as it alleged that all its members are subscribers of
the respondents and proof that all its members, being subscribers of
respondent have legal standing to bring this action in court.”
“Coup has failed to show that it can fairly
and adequately protect the interest of the class as to stand for the
latter’s representation in this action,” DMPI added.
In a phone interview, however, the group said
that they represent the “great majority” of the consumers and
subscribers.
“We have the legal personality to protect
them,” Rod Domingo, Coup chairman said, adding that his group was
registered in the SEC since December 2002.
-- Darwin G. Amojelar
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