3G wireless auction hangs in the balance

Uncertainty continues to surround the fate of the third-generation (3G) wireless spectrum auction, as the Central Administrative Court yesterday delayed its decision on whether next week's auction can go ahead as scheduled.

In addition to the injunction sought by telecom expert Anuparp Thiralarp from the court yesterday, the Consumer Rights Protection Association (CRPA), led by president Prayad Senwirat, also filed a second complaint against the National Broadcasting and Telecommunication Commission (NBTC).

The CRPA asked the court to reverse the committee's announcement on Monday of the three qualified bidders.

The court initiated an emergency session yesterday on whether to issue an urgent injunction after it received documents from Mr Anuparp, who asked the court to suspend the auction until the NBTC amends its regulations to better benefit the public in compliance with Section 47 of the constitution, saying radio frequencies for telecom and broadcasting services are national resources.

The filing also said the NBTC lacks rules that would regulate 3G network rollout in remote areas. The regulator stipulated that licence holders must expand their network coverage to 50% of the total population in the first two years after receiving a licence, and expand it to 80% of the population within four years.

Mr Anuparp added the NBTC also does not specify the minimum speed of 3G services and pricing of data transmission charged by operators.

If the court issues an urgent emergency injunction against the 3G bid, it would force the NBTC to suspend the auction, scheduled for next Tuesday.

The petition filed by Mr Prayad requested the court to investigate the shareholding structure of DTAC Network, a subsidiary of Norwegian-based Total Access Communication (DTAC).

The NBTC announced on Monday the three qualified applicants who will bid in the 3G auction: Advanced Wireless Network (AWN), a subsidiary of the country's biggest mobile operator Advanced Info Service; DTAC Network, a subsidiary of DTAC; and Real Future, a subsidiary of True Corporation.

Col Settapong Malisuwan, chairman of the NBTC's telecom committee, said the legal challenges came as no surprise.

"I also learned that someone [is] planning to lodge a legal suit asking the court to take legal action against me, on the basis the auction will damage the country," he said.

Two more lawsuits are also expected. The first one would be filed by Piram Kasemwong, a former member of the TOT labour union, demanding a build-transfer-operate condition for the 3G concession, while the second one is expected to be filed by Boonchai Rungruengpisalsuk, a private citizen who wanted the court to set a cap of 250 baht for the 3G service monthly fee.

Col Settapong said the NBTC is considering suing anyone who disrupts the auction.

Share your thoughts

Discussion 1 : 11/10/2012 at 09:43 AM
The 3G auction is a good chance to see governemnt incompetence in action .No wonder any thing governemnt is so backwards .
Discussion 2 : 11/10/2012 at 09:35 AM
Has the government given an estimate of the income of this auction.Although I want to see 3G and subsequently 4G from what I read there is nothing to stop these three bidders getting together and agreeing a price over a coffee.That is my main concern.
Discussion 3 : 11/10/2012 at 09:11 AM
To be fair to Khun Anuparp, who I initially labelled the usual file petitioning suspect, why haven't the NBTC laid down and made clear the min speed and pricing details/requirements ? In the end it leaves an opening of barn door proportions to allow you and me to get fleeced.
Discussion 4 : 11/10/2012 at 07:53 AM
Main issue in Thailand is not 3g but internet censorship.
Discussion 5 : 11/10/2012 at 07:01 AM
Ladies and gentlemen, this is politics at its finest, the previous suspension prevented the Democrat govt from overseeing this lucrative licensing, now a similar bid is trying to stop the present administration from succeeding at creating a windfall, I'm sure you can read between the lines on the motives and partisan interests of those involved with each challenge.
Discussion 6 : 11/10/2012 at 07:00 AM
The problem is that most, if not all, of these cases are frivolous - and in any other developed country it would be considered legal harassment. These self proclaimed 'complainants' have had plenty of time to take action after the Royal Gazette was published last month - yet they wait until the very last minute to do the filing with the objective of creating maximum disruption to the process should they win. In theory, there should be a legal mechanism for the court for dealing with people who file cases with the sole intention of creating disruptions. In the US (and many other developed countries), Rule 11 of the Federal Rules of Civil Procedure as well as state laws is specifically design to deal with people who attempts to waste the court's time and legal resources. The person who file these claims could be held in contempt - which can lead to fine or even imprisonment. The same thing in Australia. Considering that there has been so many of these frivolous claims in the past (and not just related to 3G auction) and yet we never see any repercussion against the plaintiffs - one might deduce that either such law does not exist in Thailand, or the law exists but the court is not willing to go after them as they are backed by some powerful person/persons. It probably doesn't take a lot of detective work to figure out which one of these 'complainants' are on which poo yai/politician/businessman's payroll...
Discussion 7 : 11/10/2012 at 06:06 AM
What a joke and a mess but then not unexpected. Again looking as if we live in the stone age while all others move right ahead. Falling behind everyday.
Discussion 8 : 11/10/2012 at 05:38 AM
Typical . . . . They have had plenty of time to work this out and what do we see ? They do not want Dtac to be one of the bidders just because Norway own shares.It is what some would call "Racism" I know I would.
Discussion 9 : 11/10/2012 at 02:57 AM
While the Thai governments concern is with money from the highest bidder for 3G licence, Myanmar is planning to have 4G up and running within a year! How? By calling in knowledgeable foreign companies as consultants to teach and help implement! From Russia, Sweden, Norway, Malaysia, and Vietnam all will have an opportunity to help and establish business dealings with Burma. “The Burmese government is in the process of selecting a consultant that will oversee the tender for the telecom licences”. And “The government has said that four telecom operating licences would be granted: two for Burmese companies and two for foreign firms with 4G services targeted as early as 2013”. All this from online English language newspaper, Mizzima, of two days ago and there was no mention of asking for help from helpless Thailand that is stuck in the mud of "2G".

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