Prajin open to TOT plan to seek court ruling on spectrum
Deputy Prime Minister Prajin Juntong has said he would not oppose TOT seeking a court ruling on whether it has the right to keep its 900MHz spectrum after the concession ended.
He let that be known in a letter he recently sent to relevant state agencies – the Information and Communications Technology Ministry and the National Broadcasting and Telecommunications Commission – and Prime Minister General Prayut Chan-o-cha.
Prajin, who is in charge of ICT policy, came to that decision after discussing the 900MHz problem with involved parties, including Advanced Info Service (AIS). He said there were three possible scenarios if the matter were brought to court, including the court not accepting it, which would mean the NBTC could reclaim the spectrum for auction as planned.
The other two scenarios involve the court accepting the case but declining to issue an injunction to suspend the auction, and the court accepting the case and issuing the injunction.
Step in and settle the dispute
In his letter, Prajin said that the ICT Ministry had to step in and settle the dispute and finalise the matter as soon as possible, based on the principle of maximum national benefit.
He said that the ICT Ministry should also help TOT further develop its existing 3G-2.1GHz wireless broadband service and its promising fixed-line broadband Internet service.
TOT should also undertake operational reform so that none of its more than 20,000 staff lose their jobs due to competition.
But Prajin noted that if TOT kept the spectrum, the state agency might not be able to commercially maximise the spectrum on its own and may need to seek a private partnership to develop the service. If TOT pursued it alone, it could be a burden on the state’s coffers.
AIS told Prajin that the network facilities it was obliged to transfer to TOT had a remaining life span of only 2-3 years. This means that if TOT continues to use them, it might have to spend heavily to improve them, it said.
AIS is obliged to transfer the network asset to TOT under a built-transfer-operate contract.
TOT had granted the 900MHz concession to AIS and the concession expired last Wednesday.
TOT has sought all means to keep the spectrum, while the NBTC plans to reclaim the spectrum and auction it. The tentative auction date is December 15.
TOT claimed that it had the right to keep the spectrum until August 2025, the date its telecom licence expired.
The state agency has also threatened to seek a court ruling on the matter.
