Only order from court or telecom panel can revoke result, says NBTC

The Ombudsman is expected to petition the Central Administrative Court tomorrow to seek an injunction against the October 16 auction results, after a recent petition to its office by a group of senators alleging that the auction terms and conditions were unlawful.
The telecom sector, which plans to use the spectrum to provide third-generation cellular service, is waiting anxiously to see whether the NBTC will be able to press ahead and grant the licences, or whether the auction outcome will be revoked after the current legal challenges.
The three bid winners – Advanced Wireless Network, DTAC Network and Real Future – yesterday each submitted to the Ombudsman information on their October 16 bidding to show they had acted transparently. Last week, they jointly defended themselves against the accusation of bidding collusion.
The telecom committee yesterday wrote to the NBTC chairman, Thares Punsri, insisting that the panel had full authority to endorse the auction results. It will ask the watchdog’s board to acknowledge the bidding outcome and related details on November 14.
The 11 members of the NBTC board have mixed views on whether the bid outcomes require endorsement from the whole board or just the telecom committee. The latter endorsed the auction results on October 18.
The outcome of the auction has drawn criticism from many parties, who claim the three bid winners were allowed to grab the prized spectrum slots on an uncompetitive basis. Critics have petitioned the National Anti-Corruption Commission and the Ombudsman to investigate alleged irregularities.
Takorn said the petition to the NACC on whether the auction breached the anti-bid-rigging law was focused on whether the telecom committee members had correctly performed their duty, and was nothing to do with the licensing.
The telecom panel is ready to clarify that it conducted the auction in accordance with the law and regulations, he said.
As to the case filed with the Ombudsman, the petition is aimed at the committee’s authority and the auction terms. The Ombudsman can forward the case to the court if it is felt it merits such action.
The telecom committee set up its own panel to examine whether there had been any collusion among the bidders. The probe is scheduled to be completed by November 10, but the deadline can be extended for a maximum of 15 days. Then investigation panel will submit the final results for the telecom committee’s consideration. If any irregularity is found, the telecom committee can consider revoking the outcome. However, such a move would put it at risk of being sued by the bid winners.
Under the auction terms, the committee must issue licences to the bid winners within 90 days of endorsing the auction outcome, which it did on October 18.

FINANCE MINISTRY CONSULTED
Meanwhile, the watchdog yesterday consulted with the Finance Ministry on whether it could pass half of the total final up-front spectrum fee to the state coffers, or keep the sum until the legal challenges filed at the NACC and the Ombuds-man reach finality.
If the bid outcomes have to be revoked, the NBTC has to pass the amount back to the bid winners.
The three bidders have paid a combined Bt22.269 billion to the NBTC, representing half of the total up-front spectrum fee.
The commission has to pass the amount to the state coffers in accordance with Article 45 of the 2010 Frequency Allocation Law.
It has deposited the amount at Siam Commercial Bank and Krung Thai Bank, where it yields interest of Bt4.9 million per day.