Relief For True And CAT As Court Rejects Injunction Plea; 3G

[webfact]

3G

Relief for True and CAT as court rejects injunction plea

By Usanee Mongkolporn

The Nation

True Corp and CAT Telecom are preparing to go full-steam ahead to jointly invest in and develop a nationwide 3G network, following a decision by the Central Administrative Court yesterday not to issue an injunction against the companies developing the service.

While the court declined to issue the injunction as requested by Total Access Communication (DTAC), it has agreed to a judicial review of the first point in the DTAC complaint against CAT and its board relating to the CAT-True deals.

The complaint states that CAT's board resolution on January 14 allowing CAT to enter into the deals was unlawful. The court said it had the authority to accept the case as DTAC claimed that it had lost the right to be treated fairly by CAT and to compete fairly under the Constitution and related laws, and that its business operations might be affected.

The court declined to take into consideration the charge that CAT's signing of the deals with True did not comply with related laws and regulations. DTAC asked the court to order CAT to refrain from executing the deals, but the court could not issue such an order under the existing law. The ruling means DTAC cannot seek another injunction on the matter.

After learning of the court decision, True chief executive officer Supachai Chearavanont said True was committed to investing in the 3G service in compliance with the deals.

"I'm glad that the Thai people now have the 3G service available," he said, looking relieved.

'No problem seeking a loan'

Supachai said True would have no problem seeking a loan to finance the service development, despite the opinions of telecoms analysts who had warned that the court's acceptance of the DTAC complaint against CAT might make it hard for True to request a loan. Supachai said the banks have realised the project's risks.

DTAC yesterday declined to comment on the decision.

CAT chief executive officer Jirayuth Rungsrithong said CAT would press ahead with the service development with a commitment to fully launch the service in the third quarter.

Jirayuth added that CAT had already asked the Office of the Attorney-General to consider if CAT could allow DTAC to commercially launch a 3G service. CAT wanted to make sure that it would not face any legal charges, especially under the 1992 Public Private Joint Venture Act, if it decides to grant DTAC's request to launch the 3G service.

He said as DTAC was pressing this charge against CAT over the CAT-True deals, CAT had to be careful before making any decision.

The share price of True yesterday closed at Bt5, up 0.40 per cent, while that of DTAC closed at Bt54.25, up 1.88 per cent.

CAT and True subsidiaries Real Move and Real Future entered into deals on January 27 to jointly develop the 3G-High Speed Packet Access (HSPA) and Code Division Multiple Access (CDMA) cellular services. The signing later raised the question of whether the deals were developed in compliance with related regulations.

CAT will lease the HSPA network from BFKT (Thailand) of Real Future to wholesale and resell 3G services. Real Move will lease HSPA capacity from CAT to provide the service on a retail basis.

The Office of the Auditor-General has probed the legitimacy of the deals, while the National Anti-Corruption Commission set up a sub-panel to probe the alleged misconduct of Jirayuth and his board over their involvement in these deals.

DTAC filed the complaint at the court on April 25 to seek a judicial review of the deals' legitimacy and asked for an injunction to prevent CAT from further developing the service with True until all related state agencies had completely probed the deals.

-- The Nation 2011-05-20

[Derifo]

That's good news. I just hope the service will be affordable.

[Gimbo]

Meanwhile the rest of the world moves on to 4G

[Disinto]

That's good news. I just hope the service will be affordable.

Given the ridiculous price they got from the Chinese vendors, I'd expect the service to be cheap. However, it's unlikely to be so. It'll therefore allow True to generate a healthy margin...

[KKK]

I hope that DTAC continues its fight as the present deal STINKS.

[skippybangkok]

I hope that DTAC continues its fight as the present deal STINKS.

And your evidence is ???

[Disinto]

I hope that DTAC continues its fight as the present deal STINKS.

And your evidence is ???

DTAC, like True, is operating under a concession from CAT. Why CAT didn't allow DTAC to build an UTRAN whereas permission has been granted to True? Even before this deal, the commercial-trial UTRAN True is running is a big joke.

[skippybangkok]

Your incorrect . "true" your referring to is true move, which is still ( pks check for me ) under the aforesaid concession for 2g . Any company could have bought Hutch shares including AIS or DTAC.... The hutch deal was never a concession , it was a jv deal between hutch and cat approved by cabinet.

Nothing has changed since years with arrangement, so why all the fuss now? After all, Hutch was running evdo which is a 3G network for all intents and purposes.

The issue is that Dtac did not worry about hutch, but now true bought their assets / rights - now it's a big stink

[skippybangkok]

Adding fuel- why would DTAC or True want to heavily invest in 3G under concession BTO when they have to hand over all assets in a few years..... Any finance guy wud say ur nuts

[KKK]

I hope that DTAC continues its fight as the present deal STINKS.

And your evidence is ???

Because there is no evidence as to why DTAC should not be allowed to create a 3G service. CAT choose True and that's that. Everybody else is excluded thereby creating a monopoly. And CAT is desparately trying to get DTAC to agree that they won't press legal charges. Now why would they do that if they thought they were totally innocent. There is no smoke without fire. And the smoke stinks something rotten.

Edited May 21, 2011 by KKK

[webfact]

3G DEALS

Dtac mulls appeal against court verdict

By Sirivish Toomgum

The Nation

Total Access Communication (DTAC) is thinking about filing an appeal with the Supreme Administrative Court now that the Central Administrative Court has decided not to take into consideration four of the five points in its complaint against the CAT TelecomTrue Corp deals related to the 3G service.

According to its legal division, DTAC is still evaluating the situation and studying details.

As per the court ruling on Thursday, stakeholders in the case can file an appeal on the rejected points within 30 days once the court has issued a ruling.

On Thursday, the court decided not to issue an injunction as requested by DTAC. The injunction would stop CAT and True Corp from going ahead with the 3G deals. It also declined to take into consideration four points in the complaint that DTAC had filed against CAT and its board.

However, the court did agree to review the first point in the DTAC complaint that said the board regulation on January 14 allowing CAT to enter deals was unlawful.

CEO Jon Eddy Abdullah said DTAC was pleased that the court had accepted the case for further investigation. This means that the court has upheld the principle of free and fair competition and strict compliance with laws, he said.

Injunction request rejected

However, he said, he was sorry that the court has not accepted DTAC's injunction request to refrain CAT from executing its obligations under these deals.

DTAC filed the complaint on April 25, asking the court to conduct a judicial review on the deals' legitimacy and asked for an injunction to prevent CAT from further developing the service with True Corp until all related state agencies had completely investigated the deals.

It believes that these deals can disrupt market competition and affect its business.

Abdullah added that the best way to create a level playing field in the market was to make 3G 2.1 GHz licences available via auction by the upcoming National Broadcasting and Telecommunications Commission. This would effectively help all operators compete under the same rules and regulations.

The formulation process for NBTC has already begun.

He said that DTAC was continuing to work with CAT on its right to provide commercial 3G services on the 850 MHz spectrum. He will be meeting CAT officials next week on the matter.

After waiting for three years, CAT has yet to allow DTAC to commercially launch the 3G service on 850 MHz. DTAC has been providing the 3G service on a noncommercial trial basis under CAT's consent.

DTAC's shares yesterday closed at Bt55.75, up 2.76 per cent, while those of True closed at Bt5.05, up 1 per cent.

-- The Nation 2011-05-21

[dominique355]

Now I understand why last year CAT launched the complaint with the Administrative Court against the 3G bid.

They were already negotiating their little deal with True to circumvent the bidding process and establish a de-facto monopoly for True in the 3G field. Now they have a huge head start over their competitor, which they wouldn't have if the bidding process would have gone on normally.

Shows again how much CAT has only its own interests in mind, instead of serving the public.

[skippybangkok]

iPhone quirk. Mod pls delete

Edited May 21, 2011 by skippybangkok

[skippybangkok]

Waow Dominique555...... Maybe time to join Donald Trump in proving there was no moon landing, it was all done in a Holliwood studio.

But I am sure u have all the facts to back it up.

If u recall, CAT took the flag, and the day after the court case, the govt announced TOT was approved to invest 19 billion baht for 3G , and if we all remember , AIS and TOT went into 3G partnership. using you logi we have now 2 conspiracy theories

CAT became the laugh stock because they raised it to the courts, and TOT and AIS ran w the bone.

[powderpuff]

850 mHz. Boring. Dinosaur technology.

[skippybangkok]

850 mHz. Boring. Dinosaur technology.

Never knew that a frequency was a technology.

2100 has worse propagation characteristics - translated you need more cells per sq.km coverage, and it's in building penetration sucks . Less cells = less cost = less expensive service = poorer users can afford Internet connectivity.

2100 is more suited for urban environments, but will suffer w in building penetration

Edited May 21, 2011 by skippybangkok

[skippybangkok]

850 mHz. Boring. Dinosaur technology.

Ps .... One of the planned frequencies for LTE IS 800 MHz...... What a dinosaur eh !

[Crushdepth]

Just give us a nationwide 3G network, I'm beyond caring who runs it.

[powderpuff]

I won't be using TRUE. Even if it's free.

[skippybangkok]

I won't be using TRUE. Even if it's free.

The truth comes out. Maybe best to tell it straight instead of inventing a cockamamy story about 850 MHZ being out moded. Atleast you won't come across as a noob

[Lite Beer]

Press Release.

Dtac marks an important step forward for the telecom industry

The Central Administrative Court accepted the case for further investigation

Total Access Communication PLC (dtac)'s move to protect all stakeholders in the telecommunication industry, Thai consumers and the country is recognized as the Central Administrative Court has accepted dtac 's plaint on the illegality of CAT's BoD resolutions approving the entry into the CDMA and HSPA agreements (the " Transaction "). However, the court has not accepted dtac 's injunction request which requires CAT to refrain from executing the obligations under these agreements on a technical ground. dtac is currently reviewing the Court's decision to determine its next course of action.

Jon Eddy Abdullah, Chief Executive Officer, Total Access Communication PLC ( dtac ) said that "we are pleased that the court has accepted the case for further investigation. To us, this means that the court has upheld the principle of free and fair competition and strict compliance with the laws. We are ready to cooperate with the court proceedings on further inquiry."

"We regret, however, that the court has not accepted our injunction request which requires CAT to refrain from executing the obligations under these agreements on a technical ground which was requested mainly for the purposes of restraining widespread damage to the telecommunication industry and consumers due to the monopoly created under the Transaction."

"Nonetheless, as you all know, the Court's decision itself is not a solution for the current dead-lock in the telecommunication industry. It is clear that the 3G 2.1 GHz. license auction which effectively starts the licensing regime, where all operators will compete under the same rules and regulations, is now more critical than ever. dtac believes that the 3G 2.1 GHz. license regime would be a long term solution for all and we urge NBTC, once formed, to conduct the 3G 2.1 GHz. auction without delay."

In the meantime, dtac will continue to work with CAT Telecom and NBTC on a right to provide HSPA services, which was initiated 3 years ago. Given dtac 's competitors are currently offering 3G access, we seek approval so that we can deliver HSPA services to our customers without further delay. Continued delay in utilizing the 850 MHz. frequency will prejudice not only dtac 's customers but also the concession revenue paid to CAT and the society at large.

dtac is highly committed to providing the best customer experience with advanced telecommunication technologies for the best benefits of our existing 22.3 million customers and all Thai people.

-- The Nation 2022-05-22

[skippybangkok]

Monopoly? TOT is already providing 3G as well, all over BKK.

[skippybangkok]

Here is a sample of possible marketing mis-info - As far as i know, LTE (4G ) is on 800 Mhz, not 850. 850 is as far as i know 3G, and most likely like US operators they are upgrading to HSPA + ( fast 3G) and for marketing purposes calling it 4G ( i believe that HSPA+ actually meets the 4G definition to an extent )

4G ??

[skippybangkok]

Here it is..... coming down at BTS Onnuj...... been there for Yonks.. " CAT/ Hutch 3G " . was never an issue the, so why is it now?