In keeping
with the directives from the DOTC, Lichauco also issued the first
authorizations for video satellite transmissions, opened up paging
system to more players, and liberalized cable TV. With liberalization
came new firms eager to get into the booming telecommunications
market, and so were queuing at the NTC for licenses to operate.
PLDT was also becoming increasingly testy about the situation.
Lichauco says that she got bribe offers from several telecommunications
firms in exchange for favorable treatment. She turned them down,
thereby sending the message that she was not for sale. "The NTC
chairmanship is a very powerful position, especially when you
are demonopolizing and liberalizing," she says. "The opportunities
for graft are there. These companies come to you or innuendoes
are made through people close to you." But PLDT, she says, did
not even dare to make an offer," as she had made her position
on the monopoly clear. She did, however, get death and rape threats.
At one time, an anonymous letter reached her desk. It came with
a piece of snot and the message that if she did not stop, even
her doughtier would be raped. "I wasn't scared," she recounts,
"but when it involved my daughter, it was terrible." In addition,
a white paper allegedly distributed by PLDT's media machine and
revealing the supposedly scandalous details of her private life
was circulated to officials and the press. Her phone was also
tapped, a discovery she made when two men came to her office to
debug it. Until now, she does not know who put the bugs there.
"We were starting to do critical maneuvers to demonopolize and
liberalize," she surmises. "Maybe they wanted to know what was
really on my mind. " Lichauco's tenure at the NTC overlapped with
that of Oscar Orbos, who was named DOTC secretary in 1990. Orbos
approved a new telecommunications development program that took
a more aggressive stance toward deregulation and interconnection.
Then a 40~year~old lawyer with an economics background who had
been elected to Congress, Orbos was the kind of populist, modernizing
politician who rose to prominence in the post~Marcos era. Popular
with the press and credited with resolving Metro Manila's public
transport crisis, he was riding high on his success and boasted
about changing the "framework and ground rules" for telecommunications.
He talked about realigning the terms of interconnection between
PLDT and smaller telephone companies. He lasted only some months
at DOTC, however, as he was soon taken in as Aquino's executive
secretary. There was also not much he could do to compel PLDT
to shape up. The 1989 coup attempt had dampened investor confidence
in the Philippines, and potential PLDT rivals were thinking twice
about putting their money in the country. In public, Orbos lambasted
PLDT for dragging its feet on its expansion program and on interconnection
with rival firms. The company's main preoccupation in the meantime
was acquiring an expanded franchise. The game was now in Congress,
mandated by the Constitution as the sole franchise-giving body.
CONGRESS WAS AND WILL LIKELY ALWAYS BE A MICROCOSM OF the Filipino
political class. It is made up of competing power blocs, representatives
of various vested interest, activist types, some genuinely independent
minds, and a few truly looney ones. Whatever the case, congressman
and senators always play up to the gallery and be counted on to
settle for what is politically expedient. In 1989, Congress began
hearing PLDT's application for a "superfranchise" that would extend
its existing franchise to 2028 and give it a bigger scope of operations,
including mobile, wired or wireless telecommunications systems,
as well as voice, data, and video transmissions. The bill was
authored by Laguna Rep. Joaquin Chipeco and co-authored by 24
congressman, all of them top leaders of the House. Newspaper reports
claimed that it was actually drafted by one of the presidential
relatives in Congress and the franchise committee was pressured
to act favorably on the bill. It was approved in record time at
the committee level on June 7, 1989, the last day of the second
regular session and less than six months after the bill was first
filed. When the session resumed, the bill was given priority status
in the plenary deliberations by House Majority Floorleader Francisco
Sumulong, Aquino's uncle. The chamber approved the bill on final
reading in April 1990, with a vote of 125 for and only two against.
Earlier, Peping Cojuangco had asked the House to delete a provision
in the bill giving the Lopez-owned ABS-CBN Broadcasting Corp.
a franchise which would have allowed it to operate a telephone
system as well. "Peping wanted to exclude voice from the all-purpose
franchise," one congressman told BusinessWorld. The transmission
of voice messages was PLDT's domain. The franchise deliberation
once again focused public attention on PLDT. Congressmen anxious
to score media points hit out at the company, although in the
end they voted to extend and extend its franchise. Solicitor General
Francisco Chavez, who had a penchant for playing up to the gallery,
filed a suit in a Makati trial court to cancel PLDT's franchise
on the ground that the majority of its voting stock was held by
foreigners. The lawsuit did not prosper. At the Senate, where
there were no Cojuangco relatives, the bill was shepherded by
Senator John "Sonny" H. Osmena who, during his two terms as head
of the committee on public services, consistently acted in PLDT's
favor. The senator speeded up the deliberations on the company's
franchise. Osmena also sat on a bill that would have given the
NTC the powers to order compulsory interconnection. In addition,
he delayed the approval of the franchise application of a rival
company, Digital Telecommunications Philippines, Inc.(Digitel).
While it took PLDT some two years to obtain its "superfranchise,"
Digitel had to wait six years and a change in government before
it obtained congressional approval. Owned by the same interest
behind PLDT's great rival ETPI, Digitel won the bid to operate
the government telephone system in Luzon, which was being privatized
by the DOTC. Digitel offered P40 billion compared to PLDT's P7.46
billion. When Digitel was awarded the contract in September 1991,
PLDT questioned it in the media, arguing that the high bid price
would be passed on to the consumers. It had an ally in the new
DOTC chief, Nicomedes Prado, who refused to accept Digitel's bid
because the company did not yet have a franchise. Yet, at that
time, PLDT subsidiary Filphone was operating the same DOTC facilities
in Northern Luzon even without a franchise. The bidding rules
allowed companies without franchises to make an offer. Despite
this inconsistency, Prado was backed by Justice Undersecretary
Silvestre Bello III, who wrote a legal opinion voiding the bidding,
and Aquino's executive secretary Franklin Drilon. Digitel had
to go to the Supreme Court to stay Prado's order for a rebidding
from which it would have been disqualified. It was clear that
PLDT wanted to checkmate the Digetel's attempts to set up a national
network independent of the dominant carrier. Small as it was,
Digital, backed by cable and wireless, was one of the few firms
with capability to provide credible competition to PLDT. Acquiring
a 30-year lease of the DOTC run phone system in 27 Luzon provinces
would have allowed Digetel to expand its reach. PLDT preempted
its rival in the following ways: By blocking its franchise, preventing
it from leasing the government phone networks, and setting up
phone systems in the some of the same areas that would have been
awarded Digitel. In early 1992, PLDT applied for World Bank Funding
to set phone lines to service industrial estates in Laguna, Cavite,
and Tarlac, including the Luisita Industrial Park owned by the
branch of the Cojuangco family to which the President belonged.
The finance department and the Monetary Board supported the loan
application and promised that the government would guarantee it.
Digitel balked; these industrial parks were the same ones it wanted
to service. "This is very, very unfair," its president, Eduardo
Villanueva, could only complain to the press. It seem that there
was little the company could do but wait a new government to come
to power.
AFTER HE WAS SWORN AS PRESIDENT ON JUNE 30, 1992 Fidel V. Ramos
initially focused on the power crisis. The country was then paralyzed
by power outages that lasted as long as 12 hours daily, so the
government directed its energies toward energy. Telecommunications
was an obvious as well, but only a confluence of factors made
it the feasible target of an administration eager to make it mark.
First, there was the President himself. A civil engineer by training,
Ramos found it easy enough to understand the problem of infrastructure
bottlenecks. Unlike Aquino, who was surrounded by her large landowning
clan and their cronies, Ramos at the onset of his presidency had
a degree of independence from traditional vested interests. He
owed his victory not so much to big business or the landed elite
but largely to the mobilization of the government machinery and
its resources for its campaign. Although he had the likes of Ramon
del Rosario and Emilio "Lito" Osmena of the true blue oligarchy
on his campaign staff and later in his cabinet, Ramos was most
comfortable with the old boy network he had in the military, a
squad of retired generals whose loyalties did not belong to any
particular clan or class. Later on, as the realities of governing
impinged on the new administration, Ramos would lose this independence
and become increasingly reliant on the politicians in Congress
and the big business groups that supported and profited from his
"Philippines 2000" program. Then there were the President's men.
Foremost among them was Almonte, the former general with a background
in intelligence and a propensity for political theory. He filled
the vacuum that was Ramos' program of governance, drafting the
President's early speeches and providing the inputs for a strategy
for economic growth and reform that would propel the Philippines
to NIC (newly industrializing country) status. Almonte was obsessed
with the oligarchy and was convinced that the root of the country's
problems lay in "the predatory rent-seeking elite "that dominated
"not through its possession of capital or skill at entrepreneurship,
its industry or its superior intelligence but through its monopoly
of political power. "Almonte's solution was to use market forces
to "level the playing field." He had an ally in Antonio Carpio,
a corporate lawyer who was a member of the Ramos campaign team
and was named presidential legal adviser in 1992,at the age of
42.In the course of his law practice, Carpio had seen client's
business suffer from the lack of telephones. Like many who had
a brush with student activism in the 1970's, he found Almonte's
anti-oligarchy position enticing. Moreover, one of his law partners,
F. Arthur Villaraza, had lawyered from Raymond Moreno, a controversial
businessman who was involved in setting up telecommunications
company, and Alfonso Yuchengco, the major PLDT stockholder eased
out by the Cojuangco's. Carpio's law firm therefore had the technical
and legal expertise for the kind of moves that the Ramos government
would make in 1993.Together,Almonte the ideologue and Carpio the
legal the legal whiz were a formidable team. It helped that PLDT
was, in one sense, an easy target. It was an unpopular monopoly
and the government had substantial shares in it. In addition,
Carpio's legal team found out that it was possible to enforce
compulsory interconnection and open up the industry simply by
issuing executive orders. This meant that the government did not
have to pass a law through congress were, during the Aquino period,
PLDT had been able to mobilize allies. There was also now a powerful
constituency for telecommunications reform. It was not only the
public or the Business community that had been clamoring for phones.
In October 1992,the World Bank released its often quoted report
on the bottlenecks to Philippine economic growth, and telecommunications
was at the top of the list. A month later, on a visit to Manila,
Singapore's Lee Kwan Yew uttered the famous one-liner that really
got to Ramos. "Ninety-nine percent of Pilipino's are waiting for
a telephone and the other one percent for a dial tone." The die
was cast for PLDT.A consummate conspirator, Almonte put together
a core group to strategize. Those called into the strategy meetings
included cosmetics executive Antonio Abaya, who had been active
in the Ramos campaign; Serafin Talisayon, a former UP professor
who was in Almonte's research team: Carpio's law partner Villaraza:
and Anthony Abad, a young lawyer attached to Villaraza's office.
The fact that Cojuangco was making inroads into a rival group
vying for Ramos's attention reinforced the Almonte group's siege
mentality. The rival faction included Defense Secretary de Villa
and others who were active in the election campaign. The strategy
involved a pincer movement converging on the enemy. On one flank
was the government. On the other was mobilization of business
and popular support for demonopolization. The moves began in January
1993,with Magtanggol Gunigundo, the new PCGG chairman who was
recommended by Almonte, asserting the commission's control over
PLDT. The first, PCGG put Gunigundo and businessman Mario Jalandoni
on the PLDT board. Then the PCGG began a review of PLDT transactions
from 1986 to see whether any of them were disadvantageous to the
government. It also hinted about naming a third person to the
company's board. In February 1993, Ramos issued executive order
59 mandating compulsory interconnection and empowering the NTC
to set the term of interconnection in case the parties could not
agree. A new NTC chief was named, replacing the outgoing commissioner.
Mariano Benidicto II, who had been appointed by Aquino's executive
secretary Drilon. During his tenure the, Benedicto was known for
making decisions in PLDT's favor. His last act was to grant a
license to the Pilipino Telephone Corp. (Piltel), a wholly owned
PLDT subsidiary, which wanted to open an international gateway
in Cebu City. With a new administration in place, Piltel's licensed
was revoked. AT the DOTC, a new secretary dropped all objections
to Digetel's wining bid. ETPI's fortunes were now being reversed.
Ramos named Luis Sison, his campaign supporter and author of the
1986 PCGG report that exposed PLDT's ownership structure, the
new vice chairman of the ETPI board. At that time, ETPI was reeling
from an August 1992 Supreme Court decision that ruled in favor
of PLDT by saying that ETPI's franchise was saying data, not voice,
transmission. This ruling meant that the company could not operate
an international gateway, which it had been granted by the NTC
in 1989. But in January 1993, the press reported a study by an
American style expert who had opined that the ruling was actually
written by PLDT's lawyer. The report caused the resignation just
days later of Supreme Court Justice Hugo Gutierrez, who had claimed
authorship of the decision. It also prompted a reconsideration
of the ruling, which was reversed by the Court several months
later. Meanwhile, in the house, where Ramos's party now had the
majority, the administration's allies started making privilege
speeches alleging assorted malfeasance, including the charge that
PLDT had never paid the government any dividends on the latter's
shares in the company. The house committee on legislative franchises
began investigating this issue in March 1993. At the same time,
congressmen filled bills banning monopolies and prescribing penalties
for violation of the interconnection order. On February 17,1994,
Congress finally gave Digitel its long delayed franchise. While
Ramos's allies in government were busy, Abad and Abaya were clandestinely
working elsewhere. "Part of the strategy was to get popular support,"
recounts Abad, who was then drawing his salary from Villaraza's
law firm even if his work centered on helping to crack the PLDT
monopoly. "I had to meet with a lot of NGO's to try and harness
some kind of support, to get them to rally, to sign petitions
and to be the front runners in the movement for demonopolization.
We formed a group called "MorePhones." Headed by Helen Mendoza,
a retired UP professor who had a long history of fighting PLDT
behind her, MorePhones took on a high media profile. It raised
issues that were popular with the public: bad service, insufficient
phones, overbilling, the disenfranchisement of subscribers who
were also PLDT's stockholders. "We were dealing with the people
who had a lot of distrust for government," says Abad. "But it
had a bandwagon effect. In the end, I was never really asked why
I was doing this. I was also careful not to draw too much attention
to myself. I was usually in the background providing technical
and legal inputs." They also provided the funds, Recalls Abad:
"Tony Abaya was releasing money for the NGO campaign, for having
lunches at Sulo Hotel, press conferences, transportation. But
we were really right as far as cash was concerned." Altogether,
Abad estimated that the campaign, which lasted about three months,
cost less than P1 million. Some of the money was provided by business
supporters, including Yuchenco, the PLDT chairman who had cast
his lot with the government. Part of it was also on the services
of PR agent Dante Ang, who was hired by Villaraza to feed anti-PLDT
releases to the press. In addition. Ric Manapat, a former activist
who made a name for himself by researching on Marcos cronies,
was taking in to write Wrong Number, a pamphlet that contains
a compendium of PLDT's sins. The recipe for conspiracy and popular
mobilization was vintage Almonte, the Edsa veteran to whom February
1986 - with its combination of military plot and popular uprising-provided
the repertoire for successful action. Almonte has drawn from this
repertoire and use it in other areas which the Ramos government
succeeded in deregulating, like banking and shipping. It was less
successful, however, with the movement to allow Ramos a second
term. PLDT was on its own well-funded blitz. One report said that
the company hired six publicists, who work with PLDT's formidable
in-house media machine and the Cojuangco-owned Manila Chronicle,
to counter the government offensive. When the independent BusinessWorld
began publishing anti-PLDT reports, the company threatened to
withdraw advertising from the paper.
To some extent,
PLDT was successful in propagating the line that the Almonte-Carpio
group was intent on taking over the company so they could place
their own cronies there. PLDT hit Ramos for being anti-business
and for being at the mercy of shadowy advisers. PLDT also called
in its allies in government. At the House, Rep. Jerome Paras,
head of the committee on transportation and communication, abruptly
put a stop to hearing on PLDT's unpaid dividends to government.
The crucial pressure point, however, was Malacanang. Almonte and
Carpio's influence had to be neutralized. The president had to
be convinced that he was getting bad advice. The enigmatic Ramos,
as usual, kept his cards to close to his chest. The core group
was not sure how he would eventually decide. The key battle was
the assertion of the government's voting rights, which means six
seats on the PLDT board. It could also have meant the ouster of
Tony Boy Cojuangco from the PLDT presidency. By the time the PLDT
stockholders' meeting took place on April 21,1993,it was a done
deal. The days before, there was a series of meetings between
government and PLDT representatives, including, on occasion, Cojuangco
himself. "In the end, the compromise was Tony Boy will remain
president," Carpio recalls. "But there was an understanding that
one, he would not oppose new players: two, all pending opposition
in the NTC would be withdrawn; and three, everybody would be allowed
to interconnect with PLDT. The first two were done. The third
was complied with on paper." "There was one moment when we thought
they would bring us to a stalemate," recalls Carpio. "There was
the possibility that the President might be convinced that it
was not worth it, that it would not succeed, or he might start
to believe that it really was a power grab by us." Ramos was aware
of all the details of the negotiations. To Carpio and Almonte,
it was crucial to have a majority in the board because even with
the executive orders mandating interconnection and opening up
the industry, PLDT could still bar the entry of new players by
filing charges in court. When the government insisted on this
point, the battle shifted to whether Cojuangco would retain the
presidency. In the end, thanks to the intercession of Tony Boy's
friends, Ramos decided hat he should stay. It was also agreed
that the government nominees would be subject to PLDT's approval.
In July 1993,Ramos issued Executive Order 109, which allowed mew
companies to invest in profitable international gateways and mobile
phone systems as long as they installed a certain number of landlines.
The idea was that profits from overseas calls and cellular phones
would be used to set up more costly, and less profitable, local
telephone exchanges. This order virtually opened up the telecommunications
industry to all comers. The effect was electric: dozens of wannabe
providers came knocking on the government's door. For the next
two years, until Cojuangco had proven his unquestionable loyalty
to the administration, his hold on PLDT was tenuous. Carpio was
dangling the possibility of setting up a new company, to be partly
financed by PLDT, which would implement the expansion program
that PLDT had stalled. Gunigundo, meanwhile, pressed on with the
PCGG investigations. Eventually, like the popular protests that
dogged PLDT in 1993, these efforts lost steam. Toward the end
of Ramos's term, Tony Boy's control over PLDT was no longer in
doubt. The terms of engagement with Malacanang had been worked
out. In 1997, as preparations for the next elections were taking
place, PLDT vice chairman Jose de Jesus, once a member of the
Aquino Cabinet, was seconded to the campaign staff of Renato de
Villa,who seemed for a time to be the Ramos favorite. De Villa
had also come to Tony Boy's rescue in April 1993, when he needed
it the most.
AFTER MALACANANG,THE
FOCUS SHIFTED TO CONGRESS. In 1994, deliberations on a new telecommunications
act began. This was going to be the first major law governing
telecommunications since 1928,when Commonwealth Act 146 or the
Public Service Act was passed. A telecommunications bill was filed
in the first post-Marcos Congress, but it never got very far and
the reforms it wanted to enact not as dramatic as those initiated
by the Ramos administration. Legislators soon realized they were
being preempted by Malacanang. PLDT was fortunate because in both
Houses its friends headed the committees deliberating on the bill:
Paras in the Lower House and Osmena in the Senate. The law that
was ultimately passed, Republic Act 7925,essentially formalized
the deregulation measures implemented by the DOTC and the NTC
since 1987 and the executive orders that Ramos issued in 1993.Given
the dramatic improvements in telecommunications since these orders,
Congress could hardly reverse the situation. By putting all these
in a law, however, RA 7925 provided a stable legal and regulatory
framework that would allow the telecommunications industry to
modernize and expand. There would no longer be room for questioning
the liberalization measures as these were already written into
the law. PLDT, however, managed to lobby for last-minute insertions
in the law that allowed it to keep some of its privileges and
reverse some provisions of the Ramos orders. By the time Congress
was debating the telecommunications bill, the NTC had already
divided the country into service areas and given out licenses
to companies, which were each assigned to provide the phones in
designated area. The service area scheme, as it was called, meant
that each firm had to install 400,000 land lines in exchange for
a license to operate a cellular phone system, and 300,000 lines
for permission to set up an international gateway. Companies were
also assigned a mix of profitable(e.g. Makati) and unprofitable(e.g.
the Cordillera) areas in which to install their landlines, and
five years to complete heir land lines years to complete their
commitments. So when Congress was deliberating, all these transactions
had already been made. Senators Ernesto Maceda and Sonny Osmena,
both in the opposition, were understandably livid as they had
been left out of the deal making. But it was not too late. Thanks
to Osmeņa, RA 7925 reduced the "rollout" period to three years,
making it more difficult for the new players to raise capital
and meet their commitments. It also meant that they ran the risk
of putting in land lines even before there as a demand for them,
especially in the poorer, far-flung areas. "That provision I claim
fill responsibility for," admits Osmeņa. "It's three-year time
bomb." He put it in, he says, after the NTC gave a fledgling company,
Islacom, a license that covered the entire Visayas. Islacom was
initially a joint venture between a branch of an old business
family, the Delgados, and Shinawatra, a Thai telecommunications
company. The Delgados had been friends with the Osmeņas for three
generations. Sonny and his siblings grew up with Islacom CEO Ricardo
"Ricky" Delgado, who remains a close family friend. But Sonny
had doubts whether Delgado, whose main business was cargo forwarding,
had he financial and technical capacity to provide telephones
for such a huge area. Moreover, Osmeņa wondered why none of the
other companies had a contiguous area all to themselves; all the
others, including big players like the Lopezes and the Ayalas,
had to operate in geographically dispersed sites. He suspected
something was afoot, and that his brother and archrival Lito,
Ramos's defeated vice-presidential candidate and chief fund-raiser
of the Lakas party, had something to do with it. The reason for
Sonny Osmeņa's suspicions was that then DOTC chief, Cebu businessman
Jesus Garcia, mowed his appointment to Lito Osmeņa. The Garcia's
were longtime political and business allies of the Osmeņas in
Cebu and seemed quite content to play second fiddle to their high-profile
partners. Garcia appointed another Cebuano, Simeon Kintanar, as
NTC chief. Kintanar, too, was associated with Lito: he worked
for Cebu provincial government when the latter was governor. As
DOTC secretary, Garcia soon acquired reputation as Osmeņa's hatchetman.
Several times on the senate floor in 1994, Maceda denounced the
department under Garcia's leadership as a "flagship of corruption."
Quoting unnamed industry sources and losing bidders, he alleged
that when a telecommunications company was awarded an international
gateway, "the commission or kickback that was requested was at
least P50 million." It has not been possible to confirm this charge,
and Maceda provided no proof except what he had been told. Both
Garcia and Lito Osmeņa have publicly denied the allegations. But
Sonny Osmeņa claims thawhen he confronted Ricky Delgado about
this supposed "entrance fee," the latter confessed. "He hedged
and hedged," recalls Osmeņa, but in the end admitted that he gave
in to Lito's request for a contribution. "Lito said it's supposed
to be for party funds," Delgado supposedly told Sonny. "We had
to call our foreign partners and tell them about this. We called
Bangkok, and Bangkok said, we understand, that's the name of the
game." Delgado, however, denies this conversation ever took place.
He says that he was "an unwitting victim" of sibling rivalry and
that Islacom went into the Visayas because no other phone company
was interested in investing there. Everyone else, he claims, was
focused on Metro Manila where the demand for the phones was highest.
Islacom opted to give up Metro Manila in exchange for a license
to operate in the Visayas. The transaction was a legitimate one,
says Delgado, who denies having been asked for or giving a donation
to Lakas. A ranking DOTC official, however, was not surprised
to hear Sonny Osmeņa's allegation. The official recounted attending
a meeting called by Garcia at the department's conference room
early on in the latter's tenure as DOTC chief. "These carriers
and contractors have to be tapped for the campaign chest of the
party," Garcia supposedly told the gathering of DOTC officials
and industry representatives. One official present in that meeting
reported this to the president, but nothing happened. There were
other incidents. At about the same time, Telstra, an Australian
telecommunication firm, backed out of its plan to invest in the
Lopez-owned Bayantel. The reason was that the company "had to
contend with false costs which involved the provision of money
bags to commissioners who would decide on the project proposal."
At least that was what Charles Zoi, a Telstra executive, told
a meeting of APEC senior officials in the Gold Coast in Australia
in September 1996. Marlene Agmara-Tucker, the Philippine charge
in Canberra, reported this to the Department of Foreign Affairs
in a letter dated September 9, 1996. It was known at that time
that Lito Osmeņa, as Lakas treasurer, was collecting funds for
the party from businessmen. He was also in charge of investing
those funds. His enemies suspect that Lito kept some of the collections
for himself as well. Certainly, his brother Sonny thinks he did.
So when Congress was deliberating on telecommunications bill,
Sonny decided he should throw a monkey wrench at some of his brother's
fund sources. These included the new telecommunications companies;
hence, the provision shortening the rollout period, to make it
difficult for Lito's friend, like Islacom, to comply with the
requirements. "I put provision I when Islacom got their license,"
admits Sonny. Whatever the case, this provision benefited PLDT,
with whom Sonny was sympathetic. "I make no bones about it, I
am monopolist." he says. "I fell that bigness provides certain
advantages, although unfortunately, PLDT brought it upon themselves.
If they had provided better service, there would have been no
clamor for deregulation." But PLDT critics like Chito Kintanar
of the Ateneo-based Center for Telecommunications Studies claim
that Sonny Osmeņa's relations with the company involved more than
philosophical affinity. When the bill was being discussed at the
conference committee level, Sonny Osmeņa inserted another provision.
He wanted interconnection agreements to be negotiated among the
parties concerned rather than mandated by the NTC. "Basically,
that was PLDT's suggestion," he admits. "PLDT was afraid they
were not going to be fairly treated if NTC was going to dictate
the terms. And also, I will go on record with all candor, that
was the product of the rivalry between me and my brother. Since
my brother controlled NTC and DOTC, Tony Boy Cojuangco, through
his lawyers, told me, "You know, Senator, if you allow NTC to
dictate interconnection rates then it will give your brother leverage
to raise money." In other words, the more power, the more discretion
to NTC, the more opportunities you're putting in their hands to
tell companies to come across. That provisions was intended to
deprive NTC, ergo Lito Osmeņa, of the power to put a price on
what NTC's decision should be." While Ramos's Executive Order
59 set the rules for interconnection and penalties for noncompliance,
RA 7925 took the regulator out of the negotiation process, leaving
companies to reach a consensus among themselves. The success of
deregulation hinges on interconnection. With nine companies installing
land lines in 11 service areas, each firm will have to forge agreements
with the other eight so that its client can make and receive calls
from the subscribers of other phone companies. Critics have accused
PLDT of deliberately delaying interconnection, although PLDT claims
that it is trying its best to accommodate all comers. RA 7925
actually gave PLDT the freedom to drag its feet, to the detriment
of its competitors. It negotiated for the months on Bayantel's
petition to interconnect. In the meantime, PLDT installed phones
in Quezon City, Bayantel's service area where there was a big,
unmet demand for lines. As interconnection was stalled, many customers
decided to hook up to PLDT instead. "This negotiation by exhaustion
is in favor of the incumbent," says an executive of a rival telecommunications
firm. All in all, these two provisions "reinforced the control
of PLDT over the industry," says Johnson Chua, an economist at
the University of Asia and the Pacific. "If you read the fine
print, it's still skewed in PLDT's favor. You could see that PLDT
didn't want the government to participate in regulation." In the
end, it would seem that changes in state policy succeeded in opening
the playing field but not in leveling it. This is because PLDT
blocked regulation that would chip at its monopoly advantages,
particularly its possession of the country's only telecommunications
backbone. Moreover, PLDT reaps the many benefits that come with
sheer size and the sheer length of time it has been in the industry.
Realizing that competition can be profitable, it has stopped pouring
most of its energies into barring the entry of rivals. Instead
the company is delaying interconnection and aggressively expanding
into choice sections of the market. To its own surprise, PLDT
has benefited from what vice president Samson calls the "unexpected
and unanticipated benefits" of deregulation: cheaper equipment,
more attractive lending rates, and a steep rise in revenues from
the use by other firms of its backbone. "Always, between the regulator
and the market, the market is infinitely more efficient, ferocious,
unbribable," says Samson. The market, however, has not been completely
set free. "Unite markets cannot free themselves," explains UP
professor Mendoza. "It usually takes state action by way of policy
changes to open up a monopolized sector. And it takes continuos
state regulation to maintain market freedom in liberalized economic
sectors."
ANY ASSESSMENT
OF THE RAMOS ADMINISTRATION WILL LIST the opening up of the telecommunication
industry as one of its major achievements. There is reason to
crow about this: by the end of 1997, the Philippines had close
to four million telephone lines, compared to only about 500,000
in 1992, the start of Ramos presidency. Telephone density was
four lines per 100 people, when it had been only 1.17 five years
before. PLDT alone installed nearly 1.2 million new lines in four
years, much more than it had in the previous 65 years of its existence.
From engineering point of view, the deregulation of the industry
was a success. But liberalization has not yet nurtured new entrepreneurial
talents apart from the same entrenched elites whose business enterprises
have been blessed for decades by privileged access to government.
This is partly because the capital requirements to set up a new
telecommunications venture are too hefty for newer entrepreneurs.
Older companies also have the advantage not only of financial
clout, but also of connections with foreign partners and overseas
banks. Not surprisingly, the companies that have entered telecommunications,
gone into joint ventures with foreign firms and been awarded service
areas include the Ayalas of Globe Communications, the Lopezes
of Bayantel and the Delgados of Islacom, all of whom have been
in business for at least three generations. These are the very
oligarchs that Almonte has been railing against. ETPI and Philcom
were crony firms that had been taken over by the government, while
Piltel is essentially PLDT. The Santiagos of Philippine Telegraph
& Telephone Co. (PT&T) have been in telecommunications since the
1960's. The Gokongweis, who bought into Digitel in 1994, have
been involved in business in Cebu since the prewar period and
are now among the top business families in the country. Smart
Telecommunications, meanwhile, was set up by the Metro Pacific
conglomerate, which has gained a reputation for its closeness
to the Ramos administration. Unless the government is able to
acquire the competence to establish and maintains a truly free
market, PLDT's dominance cannot be challenged and newer entrepreneurs
cannot establish a foothold in telecommunications. Even as the
NTC's budget has been nearly quadrupled since 1992, it is still
not the strong regulator it should be. Commissioner Kintanar should
be credited for presiding over the liberalization of the industry,
but his putative association with Lito Osmena and his political
ambitions are cause for discomfort. On the Senate floor, the NTC
has also been accused of receiving bribes in exchange for the
facilitation of permits and licenses. Kintanar admitted that there
were offers but "what I can say is I have never bribed." In January
1998, Kintanar was asked to resign by then DOTC Secretary Arturo
Enrile. The reason, DOTC insiders say, was that he was favoring
certain companies over others and there were suspicions that the
NTC chief was using his position to bolster his chances at winning
a congressional seat in Cebu in the May 1998 elections. By then,
Kintanar had also lost his patron as Lito Osmena had fallen out
of grace with the ruling party. Paradoxically, even as the market
plays a larger role in a liberalized regime, there is a need for
a tougher and more autonomous regulator that will impose the rules
of the game without fear or favor. Because monopoly was the result
of skewed state policy, only a strong regulator independent of
vested interests can set things right. The NTC has to have more
clout than it currently wields to be able to play this role. It
also needs more sophisticated technical skills to keep up with
an industry with such fast-paced innovation. Eventually, its focus
must shift from the number of phone lines to the quality of service,
and it must be able to protect consumers against unreasonable
rate increases. The NTC should, most of all, be autonomous of
Malacanang and protected from the pressures of patronage politics.
In telecommunications as elsewhere, it is a case of something
old, something new. There has been positive change, but as this
chapter has shown, there is also the persistence of tradition.
On one hand, there is the resilience of elite families like the
Cojuangcos, who remain the proud stewards of a corporate jewel
whose real ownership will likely not be resolved anytime soon.
There is also the endurance of the kind of rent-seeking behavior
that has enriched and empowered such families. On the other hand,
PLDT has been compelled to shape up and to certain extent, acknowledge
the logic of the market and the power of public pressure. For
better and for worse, there are the other consequences of competition:
more efficient and expanded services for consumers, and for bureaucrats
and politicians, more diversified opportunities for deal making.
Definitely, it is better than monopoly. But in the long run there
is no guarantee that market forces will prevail over politics.
In the coming years, the telecommunications industry will be a
test case of whether a tradition of spoils and patronage can be
overcome. This remains the crucial question, even when there is
a dial tone. --------------------------------------------------------------------------------
[1] *These were the Filipino Telephone Corporation, acquired in
1975, which operated 6,000 telephone exchanges in Luzon, General
Santos, and Palawan; the Pineda Telephone Company, bought in 1976,
which was a telephone service provider in Tarlac; the Belle Telephone
System in Roxas City, purchased in 1977; the Manang Telephone
Company in Cadiz City, acquired in 1978; and the Filipino Telephone
Company, operating in Cavite and Pampanga, which was sold in 1980.
[2] *ETPI was originally owned by Cable & Wireless, but with the
eminent expiration of the party agreement, it was forced to sell
60 percent of the company to a group of businessmen led by Manuel
Nieto and Jose Africa who were favored by Marcos. In 1982, Ramon
Cojuangco set his sights on ETPI's profitable submarine cable
network by proposing a scheme that would enable PLDT to gradually
purchase the system and to reduce from 63 percent to zero ETPI's
share of the revenues from calls passing through that system.
But ETPI president Nieto raised a howl in a letter he wrote to
Marcos. In response, Marcos signed the letter with a note on the
margin that said the status quo should remain. The letter was
given to PLDT, so for many years afterward, there were no more
incursions on ETPI's turf. For more details of the ETPI~PLDT rivalry,
see Joel Gaborni, "Tracing the PLDT-Eastern Conflier," The Manila
Chronicle, April 25, 1989. p.17.