MANILA, Philippines - Bayan Telecommunications has expressed its opposition to the National Telecommunications Commission's (NTC) decision to proceed with the auction of the fifth and last 3G slot and allow existing 3G operators to bid.

In a statement, Bayan branded this as "market oppression." It said the opening of a new auction was unfair as new bidders would be subjected to different criteria.

Bayan explained that unlike the original selection process in 2005, the new bidding process requires participants to put up a minimum bid of P65 million for the spectrum user fee.

"During the original selection process, the players were not required to put up a financial bid but were evaluated based on track record, rollout plan and rates to be offered to the public," said John Rojo, Bayan's vice president for corporate brand and communications.

"How can the niche players be expected to compete? How does that demonstrate the NTC's thrust to encourage more industry players? We feel that this just further illustrates the uneven playing field that the NTC is supposed to regulate and mandate," he added.

Rojo said the NTC should not push through with the 3G auction since there was still a pending case on the issue.

Bayan's application for 3G license was earlier rejected by the government, prompting the company to file a complaint before the Court of Appeals.

The CA had issued a temporary restraining order barring the NTC from awarding the last 3G license, but this was also lifted as no writ of preliminary injunction was issued.

Bayan has filed a motion for reconsideration.

On Monday, the NTC modified the rules governing the assignment of the remaining 3G frequency spectrum, allowing major players to bid.

Globe Telecom Inc., Smart Communications Inc., CURE (Connectivity Unlimited Resources Enterprises), and Digitel Mobile Philippines Inc. (DMPI) can now apply for the paired 10 megahertz (MHz) frequency which is in the 1965–1975MHz/2155–2165MHz or 1890-1900MHz/1970-1980MHz bandwidth.