Globe sues Dasma resident in cell site row

MANILA, Philippines - Globe Telecom has sued a resident of Dasmariñas Village in Makati City for preventing the construction of cell sites that kept the telecommunications operator from improving mobile services within the exclusive subdivision.

Claiming moral damages amounting to P5 million and exemplary damages of P500,000 plus lawyers’ fees, Globe filed the civil suit against Betty Aw before the Makati Regional Trial Court Branch 59 last June 13.

Before installing and operating its outdoor distributed antenna system (ODAS) in the village, Globe sent a letter to Dasmariñas Village Association Inc. (DVAI) president Bernie Lichaytoo, manifesting its intention to install and establish ODAS sites in the location.

Globe said that when DVAI scheduled the company’s request for a referendum to obtain the necessary vote that would approve the construction of the ODAS tower, Aw started spreading rumors in the neighborhood, making unsubstantiated statements about the health risks brought about by the radiation emitted by telecommunications antennas.

The resident, according to the telecoms giant, 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.”

Aw also coaxed homeowners and residents to stage rallies against Globe and oppose the installation of ODAS facilities. Her move set aside an actual measurement survey done by the Center for Device Regulation, Radiation Health and Research, which indicated that that the measured power density levels from Globe’s ODAS do not exceed the limit the center had set for the public, according to Globe.

“The actuations of Aw in circulating false and unsubstantiated information regarding the installation and operation of the company’s ODAS is a clear abuse of her right, as she did not act with justice to give Globe, the DVA and its officers as well as homeowners and residents their due. Neither did she observe honesty and good faith,” Globe said, emphasizing that Aw was irresponsible in not verifying the truth, thus sowing fear and unduly preventing the project from pushing through.

“The malicious and false rumors were made by Ms. Aw with no other intention than to tarnish the good image of Globe. Since defendant made the statements and circulated the same in the village, the company has been receiving queries and angry calls from the homeowners and residents, government officials and influential businessmen.”

Globe piloted the ODAS technology – a network of small cell sites with shared equipment connected through fiber optic links – in Dasmariñas as part of efforts to further improve mobile experience of its customers residing in the upscale subdivision. It uses lampposts that can transmit radio signal and deployed along sidewalks.

Globe has been experiencing difficulty in securing permits from villages, one of 25 permits necessary for putting up a cell site. The process could take at least eight months to complete.