"We were constrained to file the Petition to uphold the deemed approved status of the transaction under the terms of the PCC's transitory circulars," said PLDT Regulatory Affairs Head Atty. Ray C. Espinosa.

"The transaction has been deemed approved by operation of law. The transitory circulars issued by the PCC have the force and effect of law. We complied fully with the terms of the circulars. The legal effects and consequences of such compliance cannot be reversed or undone by the PCC," he stressed.

He said PLDT through its wireless subsidiary Smart has been implementing the transaction and using the frequencies as part of its nationwide rollout. "The new frequencies are now providing Smart with much needed additional capacities which are crucial in its efforts to provide faster, reliable and affordable mobile internet services throughout the country. Already, tens of millions of Smart subscribers are benefitting from the improved services brought about by the effective and efficient use of the new frequencies," he pointed out.

He reiterated that to reverse or undo the transaction will result in irreparable and incalculable injury to the public service. He also explained that “the use of the new frequencies is also in compliance with the order and directive of the National Telecommunications Commission, when it approved the specific frequency co-use arrangement between Smart and BellTel Telecommunications Philippines, Inc., that such co-use arrangement be implemented immediately.”

In summary Atty. Espinosa stated that “the terms of the transitory circulars were clear. We, like many others before us, relied in good faith on these circulars, and we diligently and faithfully complied with their terms. We are now entitled to the full legal benefits and effects of the circulars, and are asking the Court of Appeals to uphold and enforce our rights and also to prevent the PCC from depriving the public of the benefits of improved telecommunications services arising from the efficient and effective use of the new frequencies which for the longest time have remained idle and unutilized. The PCC must be aware of the declared national policy that government shall allocate the spectrum to service providers who will use it efficiently and effectively to meet the demand for telecommunications service.”