3G bid depends on court

The Central Administrative Court will rule on whether to take up a complaint against the third-generation (3G) wireless spectrum auction. If it accepts the case, Tuesday's auction will be postponed.

The court Thursday listened to complainant Anuparp Thiralarp, former president of the Thailand Telecommunication Management Academy, and executives of the National Broadcasting Telecommunications Commission (NBTC), the agency that is organising the auction.

After the meeting, both sides said the court had received enough information and was aware of the planned auction. The court will later inform both parties whether it will accept the complaint and whether it will issue an injunction to delay the auction if it accepts the complaint for trial.

Before meeting the court Thursday, Mr Anuparp said he had asked the court in his petition to postpone the auction until the NBTC changes its regulations for 3G phone operators to ensure maximum benefits for the public as stipulated in Section 47 of the constitution.

He wants the NBTC to change its regulations on the ceiling of service fees, require operators to guarantee the continuation of their services, and specify 3G service areas to ensure public access.

Mr Anuparp pointed out that the terms for the auction included an annex that allowed the NBTC to adjust its regulations and the NBTC could do so in two days and then proceed with the auction.

He dismissed the NBTC's request to organise the bid first and change its regulations later. He said a court had ordered the NBTC to solve unfair contracts imposed on pre-paid mobile phone users six years ago but the NBTC had failed to do so and was buying time with its appeal.

In response to the NBTC's threat to sue opponents of the 3G auction, Mr Anuparp said the NBTC could do so if it considered it was a damaged party but that he was only exercising his rights as a citizen and wondered if it was suitable for NBTC members who were government officials to make such threats.

Meeting the court yesterday, NBTC commissioner Suthiphon Thaveechaiyagarn said it would be illegal for the NBTC to set a fee ceiling before selecting a 3G licensee because a ceiling had to be based on an operator's auction and project investment costs. He assured that the NBTC had already announced that 3G service fees had to be fair to both service providers and users.

Mr Suthiphon said the NBTC told the court that the complainant's demand would lead the NBTC to commit a wrong.

He said the NBTC expected more legal complaints to obstruct the 3G auction.

He cited a study by the National Institute of Development Administration which found that the delay in 3G phone services caused 210 million baht worth of economic damage a day in Thailand.

Share your thoughts

Discussion 1 : 12/10/2012 at 07:46 PM
Disc 6 The Current 3G is actually on 850mHz band for True and DTAC, and on 900mHz band for AIS. If you have ever used 3G on 2100mHz band you will know that the signal is much weaker than on the lower frequencies. Actually the 3G service on the existing frequencies is quite good. If the phone companies were smart they would just fail to bid for the 2100mHz spectrum and save their money. This way they could force the regulators to provide the required frequencies for LTE (4G). Why invest a hundred billion baht on old technology. That might also teach the Government a lesson in how markets operate. Unfortunately, this is Thailand where so many pockets are being lined that common sense carries absolutely no weight. So we are destined to be stuck in the last decade's technology.
Discussion 2 : 12/10/2012 at 03:45 PM
2G works fine for me.
Discussion 3 : 12/10/2012 at 02:28 PM
The people to blame are those who concocted the contract.I also say the government should have predicted the potential income from this auction.The whole thing seems cloak and dagger to me. Transparent is a word I hear used and this is far from transparent.That is Anuparps gripe.Chang things afterwards come on a snowball has more chance in hell.
Discussion 4 : 12/10/2012 at 12:12 PM
Thailand could be a great country, but it is so far behind everyone else now it will take years to catch up to the nearest 3 world country if ever, I sometimes thing some Thais who hold all the cards are like children and if they can not get their own way they throw their toys out of the pram, Every time I read theses story's children in the play groun springs to mind.
Discussion 5 : 12/10/2012 at 10:49 AM
The correct way for Khun Anuparp to voice out his opinion to protect consumer rights is for him to bring this to the NTBC table. I am sure there will be other concerned NGOs like the Consumer Rights Group who will join in and form a formidable negotiation group to confront the NTBC. Certainly not go to the court unless he has other ulterior motives. He can even go to the ombudsman to pressure for changes to the NBTC regulations. I can't fault him for protecting consumer rights but I question his method which hinder Thailand IT progress.
Discussion 6 : 12/10/2012 at 08:26 AM
D3@rontorr The 3G in use is on the 800 to 850 mHz band and while it works it is nowhere as good as the 2.1 gHz band which is in use worldwide. Quote Complainant Anuparp Thiralarp, former president of the Thailand Telecommunication Management Academy is using his former position to file the complaint. Then in response to the NBTC's threat to sue opponents of the 3G auction, Mr Anuparp said the NBTC could do so if it considered it was a damaged party but that he was only exercising his rights as a citizen and wondered if it was suitable for NBTC members who were government officials to make such threats. How many citizens cannot use 3G properly because of people like him continually opposing 3G progress and to what ends?
Discussion 7 : 12/10/2012 at 08:20 AM
Dis#3 - The 3G currently available in Thailand is not the international standard. It is a second-rate and long outdated version. The auction is to use the international 2.1 standard. Meanwhile, as Thailand struggles endlessly to move beyond 2G many, many countries are already using or about to adopt 4G - including Thailand's close neighbours. Once Asean takes place Thailand will increasing become an irrelevant, unskilled-labour backwater.
Discussion 8 : 12/10/2012 at 07:47 AM
Don't bother with 3G, just change to 4G.
Discussion 9 : 12/10/2012 at 07:00 AM
Aren't these people aware that 3G is already being used? I know of many people that say they are already using it.
Discussion 10 : 12/10/2012 at 06:05 AM
Arguing over 3G when the rest of the world is using 4G. Will Thailand ever learn?
Discussion 11 : 12/10/2012 at 05:56 AM
How frustrating it must be to have the latest edition iphone,or samsung galaxy and then use it on a Thai network.the technology in these phones are light years ahead of the local networks.

Back to top

More From Bangkokpost.com