Globe sues subdivision resident for preventing cell site construction

Globe Telecom Inc. on Tuesday said it has filed a civil suit against a resident of the upscale Dasmariñas Village in Makati City for preventing the telco from constructing cell sites inside the subdivision.

In an emailed statement, Globe said it filed a case against Betty Aw before the Regional Trial Court of Makati Branch 59 on June 13, claiming P5 million in moral damages.

Aside from moral damages, the company is also claiming exemplary damages in the amount of P500,000 plus attorneys’ fees.

According to Globe, Aw spread rumors in the neighborhood, making unsubstantiated statements about the health risk from radiation emitted by telecommunications antennas.

The telco claimed the resident started spreading the rumors before a scheduled referendum to obtain the necessary votes to approve the construction of outdoor distributed antenna systems (ODAS).

The company said it has sent a letter to Dasmariñas Village Association Inc. (DVAI) President Bernie Lichaytoo manifesting its intention to install and establish ODAS sites in the village.

"Aw also distributed materials containing false information against the officers of DVAI, Globe and even handed a prepared but unaccomplished undertaking or affidavit with a strong request for homeowners to sign and say they are against the construction and installation of ODAS in the subdivision," Globe claimed.

ODAS technology is a network of small cell sites, compared to typical macro cell sites, with shared equipment connected through fiber optic links, the company said.

The solution makes use of  specialized lamp posts with radio signal transmission capability deployed along sidewalks.

Globe alleged that the defendant coaxed homeowners and residents to stage rallies against the company and oppose installation of ODAS facilities.

In a measurement survey done by the Center for Device Regulation, Radiation Health and Research, Globe said that the radio frequency radiation (RFR) measurements show the power density levels from ODAS do not exceed the limit set for the public.

The Department of Information and Communications Technology (DICT) has already drafted a proposed measure allowing telcos to construct cell sites inside private villages, citing that one of the hindrances to building sufficient telecom infrastructure was the objection by private villages to allow some of their lands to be used for such purpose.

ICT Secretary Rodolfo Salalima called on lawmakers to pass a law imposing sanctions on homeowners' associations which will prevent the government and private firms from building telecommunications infrastructure inside their gated subdivisions.

"For many years now, Globe has been experiencing difficulty in securing permits from villages, which is one of the 25 permits necessary for the telecommunications provider to put up one cell site," the company said.

"The permitting process for establishing a cell site could take at least eight months to complete. The adamant refusal of some homeowners resident groups to allow the deployment of telecom facilities, such as cell sites, continues to deprive many Globe customers of reliable mobile services," it added. — Ted Cordero/VDS/KVD, GMA News