TOT presses NBTC on fate of its spectrum

TOT has also asked the NBTC if this valuable spectrum could be categorised as one with no expiry date. If so, TOT should be able to keep it for the maximum 15 years, according to the watchdog’s spectrum-management master plan.
Settapong Malisuwan, chairman of NBTC’s telecom committee, said the panel would assign its legal subcommittee to study the case, and was resolved to come to a conclusion on the matters before the October auction of 2.1-gigahertz spectrum licences for third-generation cellular service.
The subcommittee might have to consult the Council of State to resolve the issues.
The other state telecommunication agency, CAT Telecom, faces a similar situation regarding the upcoming expiry of the concessions it owns, but has not yet consulted the NBTC on the matter. Settapong said CAT was welcome to do so.
TOT sent its two queries to the NBTC on Monday. TOT has granted the 900MHz spectrum to AIS to provide mobile-phone service.

MAJOR REVENUE
TOT and CAT both want to keep their valuable spectra with which to generate major revenue through their own services after the concessions end, as after 2013 both are required by the Frequency Allocation Law to transfer all concession revenues to state coffers.
If TOT fails to get satisfactory answers, some of its executives plan to file a legal challenge against the NBTC’s spectrum master plan, which requires all state agencies to return their spectra once the concessions expire. TOT has already drafted the legal complaint.
However, Settapong claimed that TOT could not file such a legal challenge since it is more than 90 days since the spectrum, telecom and broadcasting master plans came into effect on |April 4. He cited the relevant law confirming the 90-day deadline. The last day any party could sue against the master plans was July 3.
The NBTC will soon appoint a subcommittee to seek measures to deal with TrueMove’s and Digital Phone Co’s 1,800MHz concessions, which will end in September next year. Both operate under CAT concessions.
Settapong added that regardless of any decision on the return of the 900MHz and 1,800MHz spectra for reallocation, the NBTC would not revise the reserve price of a 2.1GHz spectrum slot, which has been finalised at Bt4.5 billion.
He said the telecom committee would consider on July 17 the draft of the revised regulations preventing foreign dominance of telecom operators before submitting it for consideration by the NBTC board on July 18.