By Estanislao Albano, Jr.

In trying to dodge queries on the implementation of Memorandum Order No. 07-07-2011 and Memorandum Circular No. 07-08-2015 both of which are very vital for the protection of Internet users, National Telecommunications Commission (NTC) Commissioner Gamaliel Cordoba has succeeded in digging his own grave.
On May 15, 2017, I wrote Deputy Commissioner Edgardo Cabarios requesting for the average Internet speeds per area of the telcos, measurements they are mandated to specify under the MC No. 07-08-2015. I cited in the letter Cabarios’ published statement that failure of telcos to deliver such average speeds would make them liable for false advertising.
Cabarios routed the letter to the Consumer Welfare Protection Division (CWPD) so I emailed him saying among others that I know that the implementation of regulations falls in the province of the Regulation Branch. Lo and behold on July 3, 2017, I received an email from the Regulation Branch but signed by Commissioner Cordoba himself stating that the data I am requesting is not available at the moment “since the data vary in different areas being mobile in nature” and that they have asked Smart and Globe to provide the data.
Later, I learned from NTC Cordillera OIC-Regional Director Dante Vengua that Cordoba had directed him to investigate my “complaint” and to file administrative cases against the telcos if they be found to be violating existing rules particularly MC No. 07-08-2015. Vengua emailed me asking clarification of the actual concerns raised in my letter to Cabarios to which I said it was not a complaint but a request for information on the average speeds per area of the telcos particularly that of Region 2 and Cordillera. I added I do not understand the directive of Cordoba because if it were left to me, the most systematic way to go about it is to direct the telcos to submit their specified average speed per area in all the areas they operate. In response, Vengua wrote that he agreed with me that the data should emanate from the telcos and “logically be requested by the NTC-National for case of consolidation.” He said he will relay my points to Cordoba.
Based on the letter of Vengua, clearly, the NTC is sitting on MC No. 07-08-2015.
It is also very bizarre that Cordoba answered my letter addressed to Cabarios but continues to make his underlings toss around my letter addressed to him with similar content dated May 9, 2017. I had asked how the implementation of MO No. 07-07-2011 was going. I specifically asked for the minimum speeds of the Internet plans of the telcos which they are mandated to set under the order and if they have yet to comply, what action the NTC has taken. The order was issued in 2011 to stop the deceptive and opportunistic practice of telcos of specifying only the maximum speeds of their plans but not the minimum speeds.
On May 12, 2017, the letter was routed to the CWPD where Engr. Jose Bartolome answered saying that they do not have the data and that they will ask Smart and Globe to provide the same. When I pressed him if that means the telcos have not complied with MO No. 07-07-2011, he responded that the order has been implemented because no one has complained about it except me. When I responded that in that case they already have the data I am requesting because how else would the agency know they telcos have complied if they have not submitted their minimum speed data, he kept mum. He would admit to me on the phone on June 16, 2017 that he does not know the contents of MO No. 07-07-2011 and that the proper office to handle the query is the Regulation Branch. On June 19, 2017, I learned on the phone that the letter has been referred to the Regulation Branch, the same office the letter of Cordoba emanated.
Clearly, Cordoba also has not began to implement MO No. 07-07-2011 six years after issuance and thinks that he could keep the lid on his failure by dodging and making his subordinates do the lying for him.
If President Rodrigo Duterte is serious about improving Internet services in the country, the first agenda would be to kick out this inept, negligent and untrustworthy official. His kind do not deserve to stay in government a minute more specially so that his position is very vital to the life of people and the nation. (Published by Malaya Business Insight, Juy 12, 2017)**