Nbtc To Appeal If Court Orders Injunction In 3G Licence Case: Thailand

[webfact]

TELECOM

NBTC to appeal if court orders injunction in 3G licence case

SIRIVISH TOOMGUM

THE NATION

BANGKOK: -- The national broadcasting and telecom regulator is prepared to deal with the ruling of the Central Administrative Court today in the case of the 2.1 gigahertz spectrum auction.

Takorn Tantasit, secretary-general of the National Broadcasting and Telecommunications Commission (NBTC), said that if the court decides to admit the Ombudsman's petition for judicial review and issues an injunction to suspend the NBTC process of granting the 2.1GHz spectrum licences to the three bid winners, the watchdog would consider appealing the injunction.

He added that if the NBTC has to draw up new auction terms, the whole process would take at least six months to complete.

If the court admits the petition for judicial review but declines to suspend the licensing, the NBTC's telecom committee will have to consider whether to go ahead with the licensing process. He said that in that scenario, the three bid winners might hesitate to roll out the 3G networks at full steam, given the case has yet to reach finality.

If the court dismisses the case, the NBTC will proceed to grant the licences. He believes the three bid winners can finish the network rollout in major cities within six months after obtaining the licences.

The NBTC's telecom committee will also urge them to complete their plans to offer low cost 3G service for its consideration. The committee will also rush to impose the infrastructure-sharing regulations. It will also draft the network interconnection charge regulations to be used among the three bid winners and will prepare to auction the 1,800-megahertz spectrum sometime next year.

The Ombudsman petitioned the Central Administrative Court on November 8 that the 2.1GHz spectrum auction lacked free and fair competition, as required by the Constitution and the 2010 Frequency Allocation Law. It also sought the court's injunction to suspend the 2.1GHz spectrum licensing. The court has already heard the parties involved in the case over the past few weeks.

The NBTC held the spectrum auction on October 16 and approved the bid outcome on October 18. As per the auction terms, it will grant the licences to the bid winners - Advanced Wireless Network, DTAC Network, and Real Future - within 90 days after its endorsement of the bid outcome.

In a separate matter, Takorn said that the NBTC's panel had reached a conclusion last Friday on whether BFKT (Thailand) of True Corp had breached the 2001 Telecom Business Act by operating without a telecom licence. However, he declined to elaborate. He will submit the panel's conclusion for the telecom committee's consideration today.

BFKT has rented the 3G-850MHz network equipment to CAT Telecom to generate 3G bandwidth for wholesale and resale under the existing CAT-True 3G service partnership contract.

-- The Nation 2012-12-03

[fareastguy]

Almost everyone knew this was going to be a farce from the outset.. only 3 bidders from 3 well established broadcasters say's it all.

Should have done all this before the bids were allowed to go through but hey ho that's not the Thai way !!

So it will take another 6 months to draw up new auction terms, at least it will be fair & square for all bidders to put a package together & compete on a level playing field.

Should have been done this way in the first place & then all this fiasco could have ben avoided.

[MaxLee]

TELECOM

NBTC to appeal if court orders injunction in 3G licence case

SIRIVISH TOOMGUM

THE NATION

…

"He added that if the NBTC has to draw up new auction terms, the whole process would take at least six months to complete.

If the court admits the petition for judicial review but declines to suspend the licensing, the NBTC's telecom committee will have to consider whether to go ahead with the licensing process. He said that in that scenario, the three bid winners might hesitate to roll out the 3G networks at full steam, given the case has yet to reach finality.

If the court dismisses the case, the NBTC will proceed to grant the licences. He believes the three bid winners can finish the network rollout in major cities within six months after obtaining the licences.

The NBTC's telecom committee will also urge them to complete their plans to offer low cost 3G service for its consideration. The committee will also rush to impose the infrastructure-sharing regulations. It will also draft the network interconnection charge regulations to be used among the three bid winners and will prepare to auction the 1,800-megahertz spectrum sometime next year.

-- The Nation 2012-12-03

And this is as I expected, the Finalization process number 999999999999...,...+++++++++++++++++..... And there are even more FINALIZATION PROCESSES that won't be really FINALIZATION PROCESSES, only INOFFICIAL, because there are gonna be many, many many many many more LOOK BACKS AT FINALIZATION PROCESS that won't really be processed, and everything in a vicious cycle will take another 99999999999999999999999++++++++++++++++++++ centuries until there's another FINALIZATION PROCESS which ISN'T REALL FINAL AGAIN… and now many centuries is it gonna take again????

Come on, NBTC, you are a joke, no auction bidder is gonna listen to you, dumba********ssssss

[kblaze]

Almost everyone knew this was going to be a farce from the outset.. only 3 bidders from 3 well established broadcasters say's it all.

Should have done all this before the bids were allowed to go through but hey ho that's not the Thai way !!

So it will take another 6 months to draw up new auction terms, at least it will be fair & square for all bidders to put a package together & compete on a level playing field.

Should have been done this way in the first place & then all this fiasco could have ben avoided.

?? It was "fair and square" the first time. Of course there are only 3 bidders...are there any other telecom providers in TH? This is being challenged by a group of Senators that didn't have their hands in the pot the first time and felt left out.

[Thai at Heart]

Almost everyone knew this was going to be a farce from the outset.. only 3 bidders from 3 well established broadcasters say's it all.

Should have done all this before the bids were allowed to go through but hey ho that's not the Thai way !!

So it will take another 6 months to draw up new auction terms, at least it will be fair & square for all bidders to put a package together & compete on a level playing field.

Should have been done this way in the first place & then all this fiasco could have ben avoided.

?? It was "fair and square" the first time. Of course there are only 3 bidders...are there any other telecom providers in TH? This is being challenged by a group of Senators that didn't have their hands in the pot the first time and felt left out.

The spectrums were all equal sized. That was the biggest problem

[jcw]

This should have been finalized a generation ago, when the rest of the world did it.

The Hub of he Amazingly Pathetic.

[Arkady]

Take 9 slots of which each bidder can bid for a maximum of 3. Take 3 bidders and then be surprised that they only bid for 3 each at or close to the minimum price. Duh.

The main problem is to be unwillingness to allow openly foreign companies to compete in the telecoms sector because it is too difficult for them to pay bribes to corrupt politicians and bureaucrats. As it is was they had to allow secretly foreign companies to bid or there would have been only one bidder for this license to use 10 year old technology. Pathetic.

[MaxLee]

Take 9 slots of which each bidder can bid for a maximum of 3. Take 3 bidders and then be surprised that they only bid for 3 each at or close to the minimum price. Duh.

The main problem is to be unwillingness to allow openly foreign companies to compete in the telecoms sector because it is too difficult for them to pay bribes to corrupt politicians and bureaucrats. As it is was they had to allow secretly foreign companies to bid or there would have been only one bidder for this license to use 10 year old technology. Pathetic.

They want a service called 3G and in additioon to that,... THEY DON'T HAVE THE INFRASTRUCTURE FOR THAT, BECAUSE GOVERNMENT RULED TELECOM AND BRODABAND REGULATORS, DON'T WANNA PAY FOR IT,

a) What happens when you put a super heavy elephant on a wooden Amazon bridge dangling on the cliffs???

What happens if you put a super heavy high speed bullet train on poorly maintained railroad tracks which are prone to natural disasters like earthquake and floods????

c) And what happens when millions of mobile phone and internet users go online on badly invested and poorly maintained stoneage sensitive broadband pipelines????

[trajan]

looks like the Admin Court is today rejecting moves to block the 3G licenses

[Thai at Heart]

looks like the Admin Court is today rejecting moves to block the 3G licenses

Can't be correct. What would a mobile telephone auction in Thailand be without months/years of court cases preventing it?

[asiawatcher]

Who wants 3G anyway? There are far better more efficient systems globally but I guess that is why we all like Thailand, a few hours difference from the west and 20 years behind. By the time they resolve this rubbish, there will be 5G or 6G anyway.

[webfact]

3G

Administrative Court dismissed petition on 3G auction

The Nation

BANGKOK: -- The Central Administrative Court on Monday dismissed a petition for judicial review in the case of the auction of 2.1 gigahertz spectrum or 3G.

The Court said the Ombudsman that filed the petition was not the affected party.

The petition was filed on November 8 for the court to issue an injunction to suspend the National Broadcasting Telecommunications Commissions' process of granting the 2.1GHz spectrum licenses to the three bid winners.

Takorn Tantasit, NBTC secretary general earlier said if the court dismissed the case, the NBTC will proceed to grant the licences. He believed the three bid winners can finish the network rollout in major cities within six months after obtaining the licences.

The petition said the 2.1GHz spectrum auction lacked free and fair competition, as required by the Constitution and the 2010 Frequency Allocation Law. It also sought the court’s injunction to suspend the 2.1GHz spectrum licensing. The court has already heard the parties involved in the case over the past few weeks.

The NBTC held the spectrum auction on October 16 and approved the bid outcome on October 18. As per the auction terms, it will grant the licences to the bid winners - Advanced Wireless Network, DTAC Network, and Real Future - within 90 days after its endorsement of the bid outcome.

-- The Nation 2012-12-03

[Thai at Heart]

Still not quite sure who are any of the affected parties. All I know is that there are 30 mn phone subscribers with no 3g.

[hellodolly]

Now let me get this straight one arm of the Government is trying to bring 3 G into the country so that it will be on the same footing electronically as Antarctica.

Another arm of the government is trying to keep Thailand at a lower level one might say an inept one.

The sad part is that 47% of the voting people wanted this.

[asiawatcher]

Almost everyone knew this was going to be a farce from the outset.. only 3 bidders from 3 well established broadcasters say's it all.

Should have done all this before the bids were allowed to go through but hey ho that's not the Thai way !!

So it will take another 6 months to draw up new auction terms, at least it will be fair & square for all bidders to put a package together & compete on a level playing field.

Should have been done this way in the first place & then all this fiasco could have ben avoided.

[Thai at Heart]

Now let me get this straight one arm of the Government is trying to bring 3 G into the country so that it will be on the same footing electronically as Antarctica.

Another arm of the government is trying to keep Thailand at a lower level one might say an inept one.

The sad part is that 47% of the voting people wanted this.

No one voted for this.

This is CAT and TOT desperately trying to keep themselves in the market any which way they can.