The Philippine Chamber of Telecommunication Operators (PCTO) has raised formal objections against the National Telecommunications Commission (NTC) regarding recently issued penalties for weak network performance, arguing that the regulatory actions compromise administrative due process.
The dispute follows the regulator’s decision to penalize major mobile network operators up to P100,000 per day for alleged service standard failures across specific metropolitan zones. Industry representatives noted that financial fines were levied upon the initial issuance of show cause orders, denying operators an opportunity to respond or present technical data beforehand.
While acknowledging the NTC’s legal mandate to perform spot monitoring and initiate compliance measures without prior hearing, the PCTO emphasized that regulatory authority does not grant an exemption from constitutional due process when assessing punitive financial sanctions.
”While the law authorizes the NTC to investigate and undertake specified regulatory/compliance measures without previous hearing, it does not constitute a general exemption from administrative due process or a blanket authority to impose punitive penalties without notice and opportunity to be heard,” the PCTO said in a statement.
The association cited jurisprudence from the Supreme Court, which distinguishes the regulator’s investigative oversight from its authority to enforce monetary fines, emphasizing that punitive penalties require strict procedural safeguards.
Beyond procedural matters, the group urged regulators to adopt clear, standardized technical criteria when testing coverage and speeds, while addressing persistent systemic bottlenecks in infrastructure permitting.
”PCTO supports accountability and better service for the Filipino people. But enforcement must rest on clear and transparent standards, sound technical methodologies, and due process, alongside government action to remove the barriers to telecommunications infrastructure investment and deployment,” the group added.
The PCTO affirmed its readiness to collaborate with the NTC and state agencies to establish objective benchmarks and support national connectivity improvements.