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PT&T vs. Smart

PHILIPPINE TELEGRAPH & TELEPHONE CORP., Petitioner, - versus - SMART INC., COMMUNICATIONS, Respondent. Present: VELASCO, JR., J., Chairperson,* PERALTA, Acting Chairperson,** PEREZ, BERNABE,*** and JARDELEZA, JJ.

G.R. No. 189026 | 2016-11-09

DECISION

JARDELEZA, J.:

Since 1979, the National Telecommunications Commission (NTC) has been the lead government agency in charge of regulating the telecommunications industry. The Public Telecommunications Policy Act of the Philippines 1 (RA 7925) gave the NTC the authority to approve or adopt access charge arrangements between two public telecommunication entities.

The issues here are whether the NTC has primary jurisdiction over questions involving access charge stipulations in a bilateral interconnection agreement, and whether regular courts can restrain the NTC from reviewing the negotiated access charges.

I

Petitioner Philippine...