AIS's offer to TOT not subject to act, says Sepo
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THE PARTNERSHIP model proposed by Advanced Info Service to TOT does not need to come under the Public-Private Joint Venture Act, according to the State Enterprise Policy Office.
This preliminary opinion was given by Sepo to TOT’s executives at their meeting on October 5 and was presented to TOT’s board meeting yesterday.
TOT had consulted Sepo on this issue.
The executives also proposed to the board to give AIS first priority in talks about a possible partnership deal.
Five companies – AIS, Loxley, True Corp, Samart and Mobile LTE – had submitted partnership proposals for TOT’s cellular service business unit.
TOT’s executive committee ordered TOT to talk with AIS first, as its partnership model was deemed the best.
However, the board ordered management to consult with Sepo first on whether the partnership models proposed by all five suitors would have to be subject to the public-private JV requirements.
TOT also asked all five suitors to increase their model’s benefits to TOT. Samart declined to do so, disqualifying it as TOT’s partner.
TOT informed Sepo that AIS’ partnership model was similar to the 3G-850MHz partnership between True Corp and CAT Telecom, as TOT will still hold the right to its 2.1GHz spectrum.
It will just assign AIS to invest on the mobile network for TOT, which in turn will wholesale network bandwidth to interested companies, including AIS, to provide retail cellular service.
AIS has committed to leasing 80 per cent of total capacity from TOT, leaving 20 per cent for TOT to wholesale to other companies.
Sepo views that this model does not need to comply with public-private laws because TOT retains the right to operate the spectrum.
AIS also proposed a JV with TOT to manage their telecom towers. According to TOT’s strategy committee, Sepo believes this JV would not be covered by the public-private law.
A TOT source said TOT’s strategy committee also proposed to AIS to be the first party that TOT would talk with to help develop the 2.3GHz business, if TOT is allowed by the National Broadcasting and Telecommuni-cations Commission to upgrade the 2.3GHz to a wireless broadband |service.
