Thai Supreme Administrative Court Rejects NTC's Appeal Against 3G Injunction

[IngKJ]

Whether we Farang think it’s right/wrong or indifferent it’s not our place to argue against the findings of two Thai courts. There is something in the way this affair is being handled which goes against Thai Law. We don’t have to understand but just live with it, personally I’ve got other things to worry about.

I don't think that many people are arguing against the courts ruling, rather they are railing against the vested interests, corruption and plain ineptitude that has allowed this fiasco to happen and sadly continue for some time.

Agreed!, What I love about this place is; at least it is visible!

[IngKJ]

Whether we Farang think it’s right/wrong or indifferent it’s not our place to argue against the findings of two Thai courts. There is something in the way this affair is being handled which goes against Thai Law. We don’t have to understand but just live with it, personally I’ve got other things to worry about.

I don't think that many people are arguing against the courts ruling, rather they are railing against the vested interests, corruption and plain ineptitude that has allowed this fiasco to happen and sadly continue for some time.

Agreed!, What I love about this place is; at least it is visible!

[Pib]

Can wait to see what type of positive spin some high officials in the govt will try to put on this decision...and how they will quickly correct it (before the next court challenge).

[IngKJ]

Deleted double entry

[ryladie99]

What a backwards country we are living in. By the time they sort this out, Laos and Cambodia will be on 4G. Absolutely zero interest in the wellbeing of the public.

Welcome to Amazing Thailand!

Bureaucracy, greed, corruption and fear always stops progress.

I think we need a foreigner prime minister with full arm body guard to take Thailand out of the stone age.

Wrong, wrong and, again, wrong! Thailand is not a backwards country! It is just looking the other way...

Nobody can stop progress. It is just being channeled through the right pockets, oops!, channels.

This country never had a more charming man for a Prime minister. And a farang educated man...

Thais don't need 3G. The less communication, the better. TOT knows...

The rest is true,- Welcome to Amazing Thailand!!!

I like your feedback Backsoon...it is Awesome...I have the newly one I phone and it works okay. I wish everyone in Bangkok owns one with a Special Price..( write Steve Jobs a letter...just goolgle for the address..)

I still have problem and it is not only from Apple but, my City also has to be blamed for not doing a good job connecting all the wires....I am sure Thailand will do better soon....write your PR from UK.. for a suggestion...he might turn thing around...Time to lobby my friends???

My opinion and I am standing tall.

[Pib]

In addition to the current and ongoing True 3G trial in BKK and some other areas, TOT and several of its licensees such as I-Mobile also are continuing to offer a pretty decent 3G service in Bangkok. It's just AIS and DTAC customers that will get screwed by this...

That, and, the True 3G trial is on the 850 Mhz band, which not all phones can receive. The TOT service is on the more common 2100 Mhz 3G band... The CAT also was fighting to stop True from offering its 3G trial in past months, but I haven't seen any outcome of that effort... True continues to offer their 3G, as best as I can tell.

Good summary of the various versions of 3G being offerred. But until 3G licenses are issued the telecoms won't be able to make the BIG baht by expanding a more standardized system throughout the country, offer new/higher speed services, and get out from under the costly CAT/TOT concession fee structure.

The 3G license structure will basically shoot CAT/TOT's "cash cow" called the concession fee...the fighting can get mean when you mess with someone's cash cow.

[RedNIvar]

My two baht's worth. While I would dearly love to have access to 3G and the abilities it brings to advanced telecommunications, enabling devices like iPads and smart phones, I have to agree that most Thai citizens have no need of it. I asked my 26-year old Thai stepdaughter why she is so eager to lay hands on an iPhone4. I asked her if she understood what abilities that phone would give her and if she truly required those capabilities. To which she replied to me: "Loong, I want one; all my friends want one, and that is good enough for me". She will never harness 10% of a smart phone's capabilities...and doesn;t quite understand yet what that harnessing will cost her every month...but she 'wants one'. And this is coming from an MBA holder who holds a solid job as a commercial loan officer with a major Thai bank.

What my stepdaughter relishes so much is what every other techno-brand name- conscious young Thai in this Kingdom also relishes. They have no idea what 3G will deliver, but because it is new and sexy and desireable, they have to have it and will bankrupt themselves to get it, shelling out a month's wages to acquire it and a goodly amount to sustain it. In this sense, the Thai Supreme Court has it right...people need to be fearful of their dreams...they might actually come true.

I classify Thai people as living with the "Flash in the Pan" mentality. I've seen this so many time in the last 13 years. They have to have it, because the neighbors bothers wifes 3rd cousins uncles mistress has one and she was seen using it while rubbing shoulders with some socialites. No specific reason for owning one. That is why Thailand has been selling 3G phones for the last 5 years or more, way before they even had 3G support. Unfortunately with this decision, we will probably have to wait for many more moons before we even have an idea of when 3G will be available nationwide.

[powderpuff]

Let's get married to the GSM standard. Thanks Sweden for choosing for us.

Get used to your 2.5 GSM. Looks like you'll be using it for a while.

[Just1Voice]

The law is the law.

With this statement I agree.

All laws are fair and just.

But totally and completely DISagree with this one. In Thailand, far too many laws are written to benefit the rich/elite/military, while being disadvantageous to the "common man". Also, in Thailand, depending on your family name/wealth/position in society/military or police rank/political connections, far too often you can break, or simply ignore the law with impunity. While this may also be true, to some extent, in Western countries, depending on the crime, in Thailand it's blatant.

Land of Smiles? Not anymore. Now it's more like Land of Shame, Land of Scams, or Land of Self serving interests.

Until greed, corruption and self serving interests are eliminated, Thailand will continue to regress, not progress, while watching their neighbors of Malaysia, Cambodia, Lao and Vietnam surpass them in just about every category.

[bitterbatter]

Since the court is so quick to say "Who Can't Auction 3G?" Could they please tell us "Who Can Auction 3G?" This would seem to fix the problem or do they just want to continue the path of creating problems instead of fixing them.

Did anyone notice that I didn't generalize and blame the whole country for what one group of problem makers is creating?

[NCFC]

Can anyone explain to me, in no BS terms, what exactly the problem is with 3G?

No doubt there is someone who stands to loose a market share or something..... but what is the official "excuse"? We feel that 3G shoudl be blocked because..................................???

The reason behind this fiasco is the 'build, operate, transfer' agreements that TOT and CAT have with the three major Telcos.

In this agreement, the Telcos have to pay a revenue share to the state organizations to operate the networks, and then at a specified date, they must have over the whole lock, stock, barrel and the last paper clip to TOT and CAT. Every single assets becomes the property of the state. The first transfer is due in 2013, if I can remember correctly, but the fact is that they will all transfer over.

So you can see that it is in TOT and CAT's interests to maintain this golden goose for as long as they can because of the massive cash flows they generate.

On the other hand and unsurprisingly, the Telcos want to be free of these agreements. Firstly, they want to convert the agreements to licences, so they keep the assets. Naturally, the state enterprises have successfully blocked that route.

The new 3G and 4G technology offers the Telcos a second way out because they want this technology outside of the existing BOT agreements. If they get it, and the auction was for licences, then they can shunt all their existing customers over to 3G so that by the time they have to transfer assets under existing agreements over to TOT and CAT, there will be no customer base left, except for the poorest customers who can't afford 3G, and nothing of value for the state enterprises.

So never mind the value to the country of progressing to the latest technologies, TOT and CAT are quite happy to keep the golden goose alive for as long as possible. Some posters seem to be damning the Telcos for this mess. Believe me, and I am in the industry here, AIS, True and DTAC would love nothing more than to move to 3G and 4G. They are not to be blamed for the fiasco.

[Jimi007]

Can anyone explain to me, in no BS terms, what exactly the problem is with 3G?

No doubt there is someone who stands to loose a market share or something..... but what is the official "excuse"? We feel that 3G shoudl be blocked because..................................???

I can sum it up to you in one simple word.

GREED..

As I understand it, the old operators will lose a ton of revenue if True, AIS, DTAC gets their 3G licensing because of the current 850/900mzh. TOT/CAT owns them so if the big 3 can move to 2100MHZ they no longer need to pay royalties to the old dogs.

So TOT/CAT's complaint is that the auction is illegal and will force them into financial troubles..blah blah..

I think that pretty much sums it up.

Yes, it is about greed. You know who owns CAT and TOT, don't you? The Ministry of Finance! They get a large concession fee from AIS, DTAC and True for the 2G contracts that they won't get under the terms of the new 3G contracts. That is what this is really all about...

[mysterybkk]

i dont really care about the auction, i already have 3g and use it every day, but still, all this is holding back the country and making it look ridiculous. even north korea has 3g. and besides, why are they even bothering with 3g anymore, why dont they just move on to 4g.

[hardy1943]

What a backwards country we are living in. By the time they sort this out, Laos and Cambodia will be on 4G. Absolutely zero interest in the wellbeing of the public.

Welcome to Amazing Thailand!

Bureaucracy, greed, corruption and fear always stops progress.

I think we need a foreigner prime minister with full arm body guard to take Thailand out of the stone age.

we we have a foreigner prime minister now but its not helping much

This guy is a yes man for the military

[keith7777]

What a backwards country we are living in. By the time they sort this out, Laos and Cambodia will be on 4G. Absolutely zero interest in the wellbeing of the public.

Welcome to Amazing Thailand!

Bureaucracy, greed, corruption and fear always stops progress.

I think we need a foreigner prime minister with full arm body guard to take Thailand out of the stone age.

WHO!!!!!!!!!!!

[Just1Voice]

Since the court is so quick to say "Who Can't Auction 3G?" Could they please tell us "Who Can Auction 3G?" This would seem to fix the problem or do they just want to continue the path of creating problems instead of fixing them.

Did anyone notice that I didn't generalize and blame the whole country for what one group of problem makers is creating?

The court ruled that the NTC had no authority to run the auction ,and that the right belongs to the National Broadcasting and Telecommunication Commission (NBTC) which was yet to be formed.

That answer your question??

[SiriusBlack1]

Um, how does this "halt the fiasco"?

[hardy1943]

What a backwards country we are living in. By the time they sort this out, Laos and Cambodia will be on 4G. Absolutely zero interest in the wellbeing of the public.

Welcome to Amazing Thailand!

Bureaucracy, greed, corruption and fear always stops progress.

I think we need a foreigner prime minister with full arm body guard to take Thailand out of the stone age.

Why even post it? We can not say anything against the Thai courts. To me this a NON ADVENT

[pisico]

What a backwards country we are living in. By the time they sort this out, Laos and Cambodia will be on 4G. Absolutely zero interest in the wellbeing of the public.

What else is new? Authoritarian regimes are that way. They create the rules and apply them to suit their interests, no the people's. Why? Because they can. As for Laos to have 4G before Thailand; fat chance! The people's Republic of Laos is by far more authoritarian than Thailand. Thailand is actually not the most egregious example in that regard. The top (dis)honor goes to Myanmar.

[JetsetBkk]

Why even post it? We can not say anything against the Thai courts. To me this a NON ADVENT

Yes, definitely not advent. Not even Christmas yet.

[Just1Voice]

What a backwards country we are living in. By the time they sort this out, Laos and Cambodia will be on 4G. Absolutely zero interest in the wellbeing of the public.

What else is new? Authoritarian regimes are that way. They create the rules and apply them to suit their interests, no the people's. Why? Because they can. As for Laos to have 4G before Thailand; fat chance! The people's Republic of Laos is by far more authoritarian than Thailand. Thailand is actually not the most egregious example in that regard. The top (dis)honor goes to Myanmar.

I'll bet your one of those who said "fat chance" that Lao would have 3G before Thailand, too.

Oops!!

[SantiSuk]

Court Rules NTC Does Not Have Authority to Auction 3G

The Supreme Administrtive Court has ruled, standing by an earlier decision by the Administrtive Court that the National Telecommunications Commission or NTC does not have the authority to auction off 3G licensing.

-- Tan Network 2010-09-23

The other Nation clips say that the Court upheld a ruling that allowed an injunction against the license auction until an investigation has been completed (the implication being the investigation could conclude that the auction is lawful). Two completely different angles.

Which is right? If the Nation is right then it's a question of how quickly that investigation can be concluded.

Not necessarily the doom and gloom you are all rushing to embrace

[SamritT]

If NTC Does Not Have Authority to Auction 3G, then they should not. Full stop.

[Thai at Heart]

Seems that no-one can agree what is the public interest. For some strange reason, the public interest seems to revolve around protecting TOT and CAT because they make money that ends up in the government's coffers.

Of course, no financial magician has told them that VAT or money paid directly from their business for a license provides cash to the government too.

[nikster]

And the funny thing is...we're all suckers for even buying 3G phones. I've had one for the past 2 years. Stupid me for thinking this was an advanced country.

I've been using 3G last year with True's trial in Bangkok, so here's hoping they'll continue that

Just wait for CAT - they'll shut down the trials next.

CAT - Keeping Thailand in the stone ages.

[RKASA]

Oh this is simple. The NTC which is the present and active authority does not have the authority because that authority belongs to the NBTC which has never existed and still is yet to be anything but an idea on paper. It was determined that the NBTC would replace the NTC when it becomes a reality but because that has not happen yet and no time frame was ever mandated that it should be by now then we must assume that it is or was or could have been by now but wasn't, but it could have been, maybe. The NTC on the other hand is still here even tough it is not going to have the authority which it has or had and is still here with the authority - but in this case it doesn't because the NTC will be replaced by the BTNC which does not exist as soon as that happens. Therefore and not withstanding all other considerations the auction must not proceed because we need determine the shape size and location of the table for which this issue can be discussed to determine which does and which does not exist and when they did, might or maybe exist in the past, present or future, but at a later time and date.

It is the difference between real ..... and real real that hangs'em up.

[Matrix]

5 5 5 5 5 G - HA HA HA HA G. nothing will happend in near future.

[Deeral]

Anyone who thinks they "seguarding" the "constitution" had better read up on constitutional practices.....this as the Bkk Post said is bigger than Maptaphut.

Lets hope Thailand is internationally SHAMED into action on this

[FarangGirlinKorat]

Cambodia is looking better all the time. Better exchange rate on the U.S. Dollar, I can start and own 100% my own business, and much better technology in regards to internet and phone service, not to mention much less restrictions on visas, i.e. no 90 day reporting, etc. And whether you like Hun Sin or not, at least they have a more stable government than Thailand.

agreed. now i just need to talk my (thai) husband into moving to cambodia (which will never happen). darnit. laos? malay? oh screw it, i'll just stay.

[bkk_mike]

Isn't the answer simple.

The issue seems to simply be that the NBTC (future regulator which doesn't exist) was given the rights in the constitution the coup leaders wrote up (enhancing their own already significant reputation for being able to screw things up) - so just make the NTC (current regulator that does exist) into the NBTC.

All it should take is someone high enough up in government (above CAT and TOT heads) to rename the NTC as the NBTC, and then, by the miracle of having the correct name from the constitution, it will have the rights to sell the 3G spectrum.