Consumer group targets AIS and True subsidiaries for lawsuits over charging

 A consumer protection group will file a civil suit against Advanced Info Service subsidiary Advanced Wireless Network (AWN), and True Corp subsidiary TrueMove H Universal Communication to claim damage of Bt18 billion for their decline to charge subscribers on per second basis in all call packages.CONSUMER advocates are seeking to sue Advanced Info Service subsidiary Advanced Wireless Network (AWN) and True Corp unit TrueMove H Universal Communication for damages of Bt18 billion after the operators failed to comply with an order requiring billing in all call packages to be done on a per-second basis.
Saree Ongsomwang, secretary general of the Foundation for Consumers, said yesterday that the foundation would encourage subscribers to come forward to enable a class-action lawsuit against the operators to proceed.
would gather consumers to file the class action against both operators.She added that their decline to charge on per second basis cost their combined 64 million subscribers Bt18 billion or Bt40 per user daily during the past the seven months, starting from last May when the telecom committee of the National Broadcasting and Telecommunications Commission resolved to enforce them to charge per second in all of their call packages.Saree said the operators’ failure to follow a regulatory order requiring billing on a per-second basis cost their combined 64 million subscribers Bt18 billion - or Bt40 for each user daily - over the seven months since May last year when the telecom committee of the National Broadcasting and Telecommunications Commission resolved to enforce this charging basis in all call packages.
The foundation’s move to take legal action was prompted by a resolution of the NBTC telecom committee yesterday to reverse its previous resolution on the matter. The about-turn from the regulator means that it is now relaxing the ruling that required per-second billing by the two 4G licences holders in all call packages.
The foundation move was prompted by the resolution of the NBTC telecom committee yesterday to reverse its previous resolution in order to relax its rule that has required these two 4G licences holders to charge customers on per second billing on all call packages.According to the committee’s resolution yesterday, AWN and TrueMove H can have only half of their call packages charging customers by the second.
half of their all call packages to charge customers on the per second basis, instead of all the packages charging on the per second basis as originally required by the previous resolution of the telecom panel.They do not have to adjust the existing buffet packages to charge on the per second basis but can launch the new packages to charge on the second basis until the proportion of existing buffet packages and new per second billing packages are even.They companies will not have to adjust the existing buffet packages to charge on the per-second basis but can launch new packages that charge on this basis. However, the number of packages that charge on the old basis and the per-second basis must be evenly split.
on the second basis until the proportion of existing buffet packages and new per second billing packages are even.
NBTC committee backpedals
NBTC secretary general Takorn Tantasith said the resolution would take effect once the NBTC made the order. The committee will also evaluate response of mobile subscribers to the per-second billing packages.
The four telecom commissioners yesterday voted on 3:1 to passed such resolution yesterday.Three of the four telecom commissioners voted in favour of the resolution yesterday, with one opposing the move.
 AWN and True each obtained both 1800 MHz and 900MHz licences last year and they use these two spectra to offer 4G services.
The NBTC condition of licensing both spectra requires the operators to charge customers on a per-second basis. The telecom committee passed the resolution to enforce this licensing condition in May last year. However, both companies failed to comply with the rule, citing concerns that billing by the second might affect their subscribers.
Saree added that her foundation had asked the National Anti Corruption Commission to investigate the failure of the telecom committee to enforce the licensing conditions relating to per-second charging with all packages.
In a separate matter, the telecom committee resolved to ask AIS to transfer Bt7.221 billion to the watchdog, which constitutes its revenue after expenses during the so-called remedy period.
AIS’s 900MHz concession expired in September 2015 but the watchdog permitted it to continue using its 900MHz provision for services offered for a certain period, known as the remedy period, until the company can move all subscribers across to the new networks. AIS is also required to transfer its revenue after the expense made during such remedy period to the NBTC.The NBTC office panel assigned to calculate how much AIS will have to transfer such revenue just finished the tally, which covers the period from October 2015 to June 2016.The NBTC panel assigned to calculate how much AIS must to transfer to the regulator has just finished the tally, which covers October 2015 to June 2016. 
Takorn said AIS had the right to appeal against the order if it found fault with it. The NBTC will send the order to AIS within 30 days.with the NBTC against the order if it was not happy with the resolution. The NBTC office will send this order to AIS in next 30 days.