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Thursday, July 28, 2005
Globe Telecom complains v. call stations By Jovy S. Taghoy With Elias O. Baquero
CEBU CITY -- The Criminal Investigation and Detection Group 7 (CIDG) raided six call stations in Cebu and Lapu-Lapu cities Wednesday for alleged fraudulent distribution of telecom services.
Globe Telecom, which requested the raid, said the illegal operation of the call stations has caused a "major drop" in the company's revenues.
The six public coastal stations allegedly engaged in international simple resale or illegal bypass that constitutes a violation of Republic Act 8484 or the Access Device Regulation Act of 1998.
But the National Telecommunications Commission (NTC) 7 sided with the call stations, saying their operation is legal.
"These businesses have been issued permits by NTC and franchises by Congress," NTC 7 Director Danilo Sy said Wednesday.
He said seafarers on board vessels use public coastal stations to call their families back home because their rates are cheaper than those of mobile phones.
The raid was conducted based on the letter-request for investigation of Alexander B. Galeon, regional head of Fraud and Risk Management of Globe Telecom-Innove Telecommunications Inc.
The Regional Trial Court issued a search warrant.
Raided simultaneously at 11 a.m. Wednesday were Zenith Telecommunications Company with branches on Sanciangko St., Cebu City and in Barangays Pusok and Bankal in Lapu-Lapu City; RDP Marine Telecom Management with branches on Pelaez St., Cebu City and in Punta Rizal, Mactan, Lapu-Lapu City; and Sealand Telecommunications on D. Jakosalem St., Cebu City.
Representatives of Globe Telecom went with CIDG operatives led by Chief Insp. Rex Derilo during the raid.
Recovered from the call stations were radio-telephone interface units, radio antenna equipment, cable wires, computers, HF data modem, desk console, transceiver supply, and index cards bearing the names of the clients.
Arrested were Ailyn B. Cuevas of Zenith, Elmer Cabarrubias of Sea-Land, and Anna Marie Litrada of RDP Marine.
Jerome M. Yntig of Globe Telecom corporate and regulatory affairs group and head of the external affairs for the Visayas and Mindanao said the stations' operations have caused a major drop in international call revenues for the company.
Explaining how the alleged illegal operations work, Yntig said a person applies as a regular subscriber of Globe Telecom.
Once assigned with an Innove landline, the subscriber would install a telephone converter that would translate international calls into domestic calls.
"So, they only pay for the monthly subscription rate because its only domestic calls that are reflected when it is actually international calls," Yntig said.
"We are a responsible corporate citizen religiously paying our taxes and here are these people engaging in illegal activity and are not paying taxes," Yntig said.
Two Globe employees who joined the CIDG operatives during surveillance operations said the radio antenna facility is necessary for patching international calls from foreign vessels, and so bypassing the international gateway facility of Innove landlines.
Identified as the subscribers, Cuevas, Cabarrubias and Litrada, along with their employers, will be charged today with violation of RA 8484.
Yntig said the offense can qualify for bail and has a maximum of 10 years' imprisonment if proven guilty.
But Cuevas, in an interview with reporters, said their company is operating legally and did not violate any law.
Cuevas said they have a radio station license and a provisional authority issued by the NTC and a franchise from Congress allowing Zenith to operate a radio communications station to transmit and receive radio-telephone calls within and outside the Philippines.
The franchise is covered under RA 9124, Cuevas said.
NTC 7 Director Sy backed Cuevas' claim.
While the CIDG used a search warrant issued by the court in raiding the public coastal stations, he is sure the owners did not violate RA 8484 contrary to CIDG's allegations, Sy said.
RA 8484 prohibits the use of fraudulent act and access devices in obtaining money from credit cards, plates, code and other services.
Sy said the public coastal stations did not violate this law because they only engaged in receiving calls from land-based relatives of seafarers.
In line with the government's program to bring down public communications cost, the NTC will protect legal public coastal stations from the "harassment" of big telecom companies, Sy added. (Sun.Star Cebu/Sunnex) |
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