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True 3G trial rankles DTAC

By: SRISAMORN PHOOSUPHANUSORN
Published: 15/01/2009 at 12:00 AM
Newspaper section: Business

True Move is allying with CAT Telecom to set up third-generation (3G) trial service, but using DTAC's existing analogue 850 Megahertz frequency to upgrade to high-speed packet access (HSPA).

The move ignites further dispute over the ownership of the frequency by DTAC under a build-transfer-operate agreement with its concession provider CAT Telecom.

DTAC threatened yesterday to take legal action against third-ranked True Move and its concession holder CAT Telecom, saying the two parties violated the terms of its existing concession.

DTAC has 50 MHz of 1,800 frequency for voice services, plus 10 MHz of 850 frequency bandwidth for data services. It has 10,000 customers signed up with the analogue system, but has around 1,000 active users, including 100 customers in Bangkok.

At the joint press conference, Supachai Chearavanont, chief executive of True Move, said the company would use the bandwidth between 834-839 MHz and 870.2-884 MHz to upgrade to HSPA.

The non-commercial trials will have only 30 cell sites in Bangkok, mainly in the Ploenchit and Silom areas.

The alliance came two days before the official commercial launch of its authorised 3G-enabled iPhone handsets in the Thai market.

Mr Supachai said his company would try to avoid creating possible network disruptions on the frequency, and it will be helped by adapted technical systems.

He said the company's trial was similar to the partnership between Advanced Info Service and its concession holder, TOT Plc, on its existing concession.

However, True Move is on the verge of asking CAT Telecom to extend its concession life by an additional five years.

Mr Supachai also said the company plans to spend one billion baht for nationwide 3G mobile services after the success of trials.

But Thana Thienachariya, chief commercial officer of DTAC, said his company will file a lawsuit in order to protect its lawful rights.

He said CAT should comply strictly with the law and the provisions of the concession in order to create a fair, transparent and competitive environment.

DTAC submitted a letter to CAT yesterday asking the state telecom enterprise to clarify what frequency band CAT has approved for True Move to operate 3G.

The company said CAT has no right to approve or consent to the use of such frequency because CAT and DTAC have not reached an agreement on certain conditions to the HSPA upgrade (including the frequency re-allocation). As a result, CAT has no right to allow True Move use of the frequency band that DTAC is legally entitled to under the concession.

Also, CAT has confirmed to DTAC that it will need to comply with the applicable law in relation to the HSPA Upgrade by DTAC and True Move, in particular the Private Participation in State Undertakings Act.

DTAC understands CAT is in the process of complying with that law. It feels the operation of 3G services by True Move at this stage, whether called pre-trial, trial or soft launch, would be in violation of the law.

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