In the opposition filed on June 29, Extelcom said newcomer MTI should not be allowed to bid for the last 3G license due to inked partnerships with other telecommunications companies.

“MTI’s inked partnerships with other telecommunications entities, which have supposedly improved its technical and financial capabilities thereby entitling it to a 3G award, may not be admitted proper for adjudication in the present proceedings, because to so allow would be violative of the rudiments of due process and fair play,” it said.

MTI signed a cooperation agreement with Bayan Telecommunications, Inc. (Bayantel) in 2009 for its wireless landline connection.

Moreover, Extelcom said the most practical and legal solution is for all the parties to participate anew in the contest for the awards of the remaining 3G frequency.

The applicants which did not qualify under the old 3G MC, including MTI and Bayantel, are not disqualified from participating and submitting a new application under the terms as presently worded by the National Telecommunications Commission.

Last month, the Court of Appeal has allowed Extelcom to intervene in a court dispute over the last license to offer third-generation or 3G mobile phone services.

The appellate court said Extelcom’s bid for the last 3G license could be placed in jeopardy if an earlier case involving the first four licenses is settled without its participation.

MTI wants the last 3G slot and is questioning the awarding in 2005 of licenses to Smart Communications, Inc., Globe Telecom, Inc., Digitel Mobile Philippines, Inc., and Connectivity Unlimited Resources Enterprise.

Early this year, regulators decided to bid out the last 3G slot, prompting Bayantel to question it in court.

Bayantel also wants the last 3G slot and is opposing the auction as other players, who will be allowed to bid, already have 3G services.

The minimum price was set at P65 million, with regulators seeking to maximize revenues.