The committee told MCOT that it could no longer use the frequency for broadcasting as it was reserved for telecom services, but MCOT appealed to the NBTC, which prompted it to order its staff to work with MCOT to seek a mutually agreeable resolution.
MCOT holds a huge 124MHz of bandwidth on the 2.6GHz spectrum.
It allowed IBC to use the band to provide a pay-TV service based on the multichannel multipoint distribution service technology known as MMDS until 2009.
The following year, it allowed Playwork to use the band to offer a pay-TV and wireless broadband service for 15 years. It also signed a contract with CAT Telecom to provide the network to provide this service.
However, the now defunct National Telecommunications Commission declined to permit Playwork to test the service, since the spectrum is allocated for telecom purposes, not broadcasting.
An NBTC source said that during a recent meeting on this issue, MCOT argued that its agreement with Playwork was entered into before December 2010, when the Frequency Allocation Act takes effect.
Therefore, the licensing body is not allowed to reclaim the spectrum before the contract with Playwork expires.
The Public Relations Department (PRD), which holds 24MHz of bandwidth on the same 2.6GHz spectrum, has already taken the NBTC to the Central Administrative Court for reclaiming its spectrum for reallocation.
The same NBTC source is doubtful that the NBTC and MCOT can reach any agreement, and if the court rules on the PRD case, that it would have any impact on NBTC-MCOT agreement.
The 2.6GHz spectrum was highlighted when the ad hoc National Digital Economy Committee chaired by Prime Minister General Chan-o-cha last month directed the NBTC to auction various frequencies from the 900MHz-2.6GHz range.
The government will seek ways to compensate the state bodies that have to surrender their frequencies for reallocation before the end of the valid periods.
The NBTC will put four licences on the block – two for 12.5MHz each in the 1,800MHz spectrum and two for 10MHz each on the 900MHz spectrum.
The regulator will tender the 1,800MHz licences in November and take bids for the 900MHz licences in December.