Dear Madame President:

As you may well know by now, the case we brought before the Regional Trial Court
of Quezon City to stop the two major cellular service providers in the country
from unilaterally reducing the amount of “free” SMS text messages allocated to
subscribers has been dismissed by Acting Judge Modesto Juanson supposedly for
lack of jurisdiction saying the proper authority to hear and decide the case is
the National Telecommunications Commission (NTC). This is the very same ground
advanced by the cellular phone companies.

The court order has a deeply harmful two-fold impact on cellular phone consumers
throughout the country:

1. It dissolves the temporary restraining order (TRO) issued by Judge Juanson
himself which earlier prevented the cellular companies from implementing the cut
on the text messaging, thus stripping consumers of the critical protection from
the grave injustice this move would inflict on us all; and

2. It effectively throws back the issue to the purview of the NTC, which has
repeatedly and consistently emphasized the position that it is unable to protect
the interests of consumers in the telecom industry by stopping the cellular
phone companies from implementing this highly injurious and most unjust text
reduction. The NTC “washed its hands” on the ground that SMS is a value-added
service which is deregulated. But the same law gives the NTC the power over
deregulated services if there is a monopoly or a cartel situation wherein
competition in restraint of free market forces is distorted or threatened.

Such is the situation we find ourselves in, as can be undeniably seen in the
synchronized parallel moves of both Globe Telecoms, GMCR and Smart
Communications, both in the amount of their reduction of allocated text messages
and in their simultaneous timing of announcements and implementations of the
move. Yet the NTC still persists even up to now on its highly prejudicial stand,
made even worse by the fact that the NTC never even bothered to hold public
hearings or consult with affected consumers, yet holding private meetings with
the cellular companies “behind closed doors.”

Even if only one of the above were true, consumers could still find relief if
only the NTC can be sensitive to the needs of consumers it is mandated to
protect. The NTC dismally fails to do its job. Now, both the courts and the
NTC have failed to grant us the relief we so desperately need against the
overwhelming abuses committed by these behemoth cellular companies whose
influence extends even to the halls of the NTC itself. Having been denied
recourse in both the NTC and the regular courts, we now turn to you, Madame
President, as our last hope for protection of our rights as consumers against
the colossal power these industry giants are now inflicting upon us.

In light of these grave circumstances, we most respectfully and urgently
request:

1. For your most immediate and timely issuance of an order directing the NTC
through the DOTC to stop these giant cellular companies from implementing the
reduction of their allocated SMS messages to subscribers, whether they are
already implementing it or not in light of the TRO’s earlier dissolution; and

2. That given the obstinate refusal of the NTC to fulfill its mandate in
promoting and protecting the telecommunications sector for the benefit of the
country by properly protecting the rights and interests of affected consumers as
against that of the large industry players, the three (3) NTC Commissioners in
the persons of Commissioner Eliseo Rio, Jr., and Deputy Commissioners Kathleen
Heceta and Armi Jane Borje be directed to resign from their posts immediately,
and that new commissioners be appointed who will effectively and conscientiously
protect and defend the rights, interests and welfare of consumers pursuant to
the NTC’s legal mandate, without fear or favor, to the huge telecommunications
companies which do not hesitate to take advantage of the ignorance and helpless
plight of ordinary consumers in order to satisfy their insatiable greed for more
and more profits.

We pray the urgency of our need and the justness of our request will merit your
kind attention and favorable action at the soonest possible time. In behalf of
the millions of affected cellphone consumers throughout the country, thank you
very much.

Very truly yours,

JONATHAN EMMANUEL P. DOMINGO
President

Copy Furnished:

Hon. Pantaleon Alvarez
S e c r e t a r y
Department of Transportation
and Communications
17th Floor Columbia Tower
Ortigas Avenue, Pasig City