NBTC defends 'measure' for True, DPC clients
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The National Broadcasting and Telecommunications Commission has defended its draft interim measure to protect 1800MHz subscribers after the concession ends, arguing that it amounts neither to an extension of the concession term nor an assignment of the sp
The NBTC’s defence is in response to concerns expressed by scholars to some commissioners that the draft measure risks drawing a legal challenge, as there is no law allowing the watchdog to assign a one-year licence to any party to oversee the customers of TrueMove and Digital Phone Co (DPC) after their concessions end on September 15.
It has also been suggested that the proposed granting of such a licence would contradict the 2010 Frequency Allocation Act, which makes it compulsory for the regulator to reallocate spectra by means of auction only.
NBTC secretary-general Takorn Tantasit said on Thursday that the draft measure did not amount to a concession extension or to the assignment of the spectrum under Article 45 of the frequency law, but was the NBTC’s way of taking regulating action to prevent TrueMove and DPC subscribers from facing service disruption after September.
The draft also prohibits the party that the watchdog assigns to take care of these customers from acquiring new subscribers, and the entity must urgently migrate these customers to other networks within a one-year transitional period. The NBTC consulted the Council of State, the Finance Ministry, the Information and Communications Technology Ministry, TrueMove and DPC when drafting the interim measure.
Takorn cited the explanation of Kaewsan Atibhoti, a member of the NBTC’s 1800MHz remedy working panel, who said the measure had been drawn up taking into account the legal aspects, including the frequency law and the Telecom Business Act of 2011.
The NBTC approved the draft on Wednesday, with two commissioners – Prawit Leesatapornwongsa and Supinya Klangnarong – voting against. The NBTC has 11 members, but two were absent.
Both Supinya and Prawit are concerned that the draft could face a legal challenge, as there is no law giving the NBTC the authority to allow any party to take care of the combined 17 million subscribers of the two cellular operators after their concession contracts expire. However, NBTC vice chairman Settapong Malisuwan said the regulator had a duty to take responsibility for these subscribers.
It will hold a public hearing on the draft within 30 days, after which it will consider the draft again in August.
The watchdog will specify the name of the party assigned to oversee the 17 million subscribers after completing the hearing.
