By Modesto P. Sa-onoy
The two telecommunications companies that have control over our cell phones and internet facilities are in jeopardy after President Rodrigo Duterte threatened them with expropriation for their not so admirable performance. They have almost total control in these most important means of modern communications that they ought to be the best, but sadly, many of us who are using their facilities have much to complain about.
Complaining is made more difficult as machines rather than people “entertain us” after going from one “press this and press that” instruction. And so we bear the brunt of their kind of service. At one time I had my phone loaded with P200. I had one text message and then nothing. That was it.
The threat of the President hit the two telcos hard right after the Congress denied the renewal of the franchise of ABS-CBN on cue that the President looked with disfavor for the continued operation of this giant, and seemingly impregnable television network. There is basis to fear presidential disfavor but in this case, Smart and Globe may find fewer supporters than ABS-CBN.
In a statement, the group expressed alarm saying that “it does not find any compelling reason for the government to resort to the drastic measure of taking over Smart and Globe.”
Last week, Arnel Valeña, spokesperson of a group of convenors, said Duterte’s mere dissatisfaction with the “less-than-ideal service that the public is getting” from Smart and Globe, including aborted calls, is not enough to justify a government takeover.”
Valeña cited Article XII, Section 17 of the Constitution, which says that the state is authorized to “temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.”
Well, “public interest” is an open-ended route.
He said that expropriation “may be done only in times of national emergency when the public interest so requires. We are not aware of any emergency and do not find any compelling reason for the government to resort to the drastic measure of taking over Smart and Globe.”
Valeña added, “Even in the middle of the coronavirus pandemic, we do not think it is in the interest of the public to jeopardize telecommunications services and cause unnecessary uncertainty to the people who are now forced to rely on online commerce, work-from-home setups, and distance learning.”
Valeña warned that the expropriation “would reverse decades of technological advancement that has become an unavoidable necessity for people nowadays. This injury to public interest may already be seen in the non-renewal of the broadcasting franchise of ABS-CBN Corporation, which deprived far-flung areas of much-needed information and diversion amid the pandemic. It is against the principles and spirit of the Constitution to thwart the development and operation of such a vital industry for flimsy and arbitrary reasons that could be addressed by regular methods.”
Citing the case of how ABS-CBN “deprived people of information” does not hold water. There are now several sources of information than television whose connections do not reach as far as the radio.
With the government already preoccupied with the pandemic, Valeña said the group does not feel assured that it has what it takes to “avoid disrupting the people’s ability to communicate and access information and worsening the problems we have with slow internet speeds and poor signal reception.”
That is an admission that plays right into the hand of the President.
Valeña further said that “Duterte even acknowledged that shutting down the telecommunications operations of Smart and Globe would mean that we revert back to the line telephone” although Globe’s telephone service has also much to improve, aside from informing us they are doing their best.
The convenors’ spokesman charged that the President has a personal interest in the disappearance of Globe and Smart. Valeña said, “a government takeover of Smart and Globe would also give third telco player Dito Telcommunity, owned by businessman Dennis Uy and state-owned China Telecom, undue advantage over the market.”
“We also note that if the government were to take over Smart and Globe, the only private competitor left would be Dito Telecommunity, the company of President Duterte’s campaign financier Dennis Uy, which is currently being built up as the third telco player,” it said.
Quickly then should Smart and Globe improve their services.
