SMART signal tower resumes after shutoff over rent nonpayment

>> Sunday, September 23, 2012



By Gina Dizon

SAGADA, Mountain Province – The signal relay tower of Smart Telecommunication here atop Mt. Pakad has resumed operations after it was shut down Sept. 8-11 due to failure of the giant company to pay rent.

Bernard Batnag, representative of lot owners where the tower was located said Smart didn’t pay rent despite repeated  reminders considering that he and Smart representatives entered into agreement last July 18.  

The July 18 talks between Batnag, his mother Carmen, representing lot owner heirs and  Smart  representatives security manager Ariel Emock,   asset protection and management officer  Pollen Aluning,  Allan Difuntorum and Gil Rosales  of the  engineering unit of  Smart-Baguio agreed on a monthly  P70,000 lot rental effective June 1, 2012.  

The July 18 talks also agreed on increase of P40, 000 yearly rents to P50, 000 monthly rent for Barangay Balugan considering a lot occupied by Smart was part of the barangay people’s communal property.   

Batnag also said Smart did not honor their July 18 agreement that he represent the clan-family lot owners in dealing with the company as further attested by a special power of attorney naming him as the administrator on said lot.            

In the unsigned memorandum of agreement drafted by Smart however, Smart placed Bernard’s mother and widow Carmen Batnag to represent heirs of lot owner, GabinoBatnag.

Also, Bernard Batnag  said Smart, did not include in the unsigned MOA  rights of  lot owner prior consent before any additional antenna or equipment be installed  and additional 10% charge on the monthly rate for said  installation.  
Smart specially included in the MOA the company’s right to install any additional antenna and/or equipment within the lease period.

The new MOA   effective June 1, 2012 to May 31, 2013 and renewable till May 2018 was a new agreement following an earlier agreement between  GabinoBatnag and Smart  on June 1, 1997 to  May  31, 2012 for Smart’s lease of a 500 square meter property.

Earlier talks June this year between lot owner/s and Smart representatives followed after a signal shutdown June 21.

This, after Smart did not talk with any of the lot –owner representatives after the 15-year lease contract lapsed May 31 this year despite repeated attempts by Batnag to reach Smart.    

Meantime,  the four-day shutdown which paralyzed communications resulting to failed email messages and  internet-based business led people here to change  subscriber identity module (Sim) cards  to Globe and TM.             

Some persons here said Smart better transfer their tower to another site to prevent signal disruption.

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