Unless the NTC wins its appeal against the Administrative Court's decision to stop the 3G auction, Thai consumers are likely to continue their wait for the technology.
A security guard checks a card and finger scanner that was to have been used during the 3G licence bid at the Evason Hotel in Pran Buri district, Prachuap Khiri Khan, on Monday. TAWATCHAI KEMGUMNERD
So far, the main reactions to last night’s Administrative Court decision have come from those involved in the telecommunications industry or those involved in government. It will be interesting now to see what consumers have to say. Will they passively accept another delay in a technology almost all their neighbours already have? Or will they start to show some anger?
CAT wins fight to kill 3G auction
Court rules NTC has no right to offer licences
Thailand’s effort to join the 3G communications era was crippled yesterday when a court ruled against an auction for licences that was to be held on Monday.
In a late evening decision, the Administrative Court ruled in favour of CAT Telecom’s call for an injunction to suspend bids for 3G licences at an auction to be held by the National Telecommunications Commission (NTC) in Pran Buri.
The court backed arguments by CAT Telecom executives, led by president Jirayuth Roongsrithong, that the NTC has no authority to hold the auction.
The NTC said it would appeal against the ruling tomorrow. But executives admitted the 3G auction will have to be cancelled if the court’s decision is not reversed in time.
‘‘If the court accepts our appeal, we should be able to carry on with the auction. If not, the NTC will immediately cancel it,’’ said Col Natee Sukonrat, NTC commissioner and head of the 3G auction project.
Mr Jirayuth said he did not think the NTC can hold the 3G auction as it will have to wait for the court to consider its appeal.
There was also the question of Thailand’s other major telecommunications provider, TOT, pressing ahead with a similar case against the NTC after seeing yesterday’s result.
The Administrative Court ruled that the licensing of the 3G spectrum must wait until the National Broadcasting and Telecommunications Commission (NBTC) is formed.
The establishment of the NBTC is stipulated in the frequency allocation bill, which is pending final approval by the House of Representatives.
The bill was approved by the House in March. It was later endorsed by the Senate but with several amendments, including an increase in the number of NBTC board members from 11 to 15.
The bill has to be further scrutinised by the joint committee of the House and Senate. It is expected to be returned to the House over the next few months for final approval.
The court stated the NTC’s attempt at 3G regulation through the auctioning of the licences could pose a problem for the NBTC’s operations.
One industry source said: ‘‘This is going to be bigger than Map Ta Phut [in terms of investor confidence]. Everyone was waiting for this auction. Everyone was preparing to invest. Now what will happen?’’
AIS chief Wichian Mektrakarn said the key issue now is whether the NTC will be able to appeal against the injunction in time.
‘‘This should not affect the country’s image because the NTC is bound to file an appeal. The private sector only has to follow the NTC’s policy,’’ Mr Wichian said.
Tore Johnsen, CEO of DTAC, said he was ‘‘disappointed by the court ruling as Thailand needs 3G now to increase the country’s competitiveness’’. He said DTAC had fully supported 3G and been well prepared to get a licence.
Suphachai Chearavanont, CEO of True Corp, said he felt disappointed by the injunction. ‘‘I only hope that the appeal will allow the process to move forward. If the auction is put off indefinitely, it means the country will be going backwards.’’
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reaction – the way you behave or respond as a result of something that happens ปฏิกิริยาตอบโต้
Administrative Court – the court which deals with disputes between the private sector and government agencies ศาลปกครอง
consumer – someone who buys and uses goods and services ผู้บริโภค
passively – accepting what happens without trying to control or change events or to react to things อย่างเฉื่อยๆ, อย่างไม่มีปฏิกิริยาโต้ตอบ
auction – a usually public sale of goods or property, where people make higher and higher bids (= offers of money) for each thing, until the thing is sold to the person who will pay most การขายโดยการประมูล, การขายทอดตลาด
rule (of a court) – to make a decision พิพากษา, ชี้ขาด
licence – an official document that gives someone permission to do or use something ใบอนุญาต
era – a period of time that has a particular quality or character ยุค, สมัย
crippled – damaged and prevented from working properly ที่พัง ที่ใช้การไม่ได้
in favour of – supporting a person or an idea, proposal etc that you believe is right พิพากษาให้
injunction – an order from a court that prevents someone from doing something คำสั่งคุ้มครองชั่วคราว, คำสั่งห้าม
suspend – to stop for a period of time ยกเลิกชั่วคราว, ระงับชั่วคราว
back – to support สนับสนุน
argument – a reason or reasons why you support or oppose an idea or suggestion เหตุผล
authority – power อำนาจ
appeal – to make a formal request for a court of law to change a decision อุทธรณ์
admit – to agree that something is true, especially when you are unhappy, sorry or surprised about it ยอมรับ
reverse – (of a decision) to change เปลี่ยนแปลง
immediately – happening right after something else with no delay; right away ทันที
spectrum – a range of something, in this case, frequencies available to telecommunications businesses
form – to make or be something สร้างขึ้น, พัฒนาขึ้น
establishment – the process of starting or creating something การสถาปนา, การก่อตั้ง, การจัดตั้ง
stipulate – to state exactly how something must be or must be done ระบุ, ระบุเงื่อนไข
frequency – the number of times that a wave, especially a sound or radio wave, is produced within a particular period, especially one second ความถี่
allocation – the process of deciding to give an amount of share of something to some one การแบ่งส่วน
frequency allocation – deciding how frequencies are to be shared within the telecommunications industry
bill – a proposal for a law ร่างกฎหมาย
pending – waiting to be dealt with, settled or completed ยังค้างอยู่, ซึ่งยังไม่จบสิ้น, อยู่ในระหว่าง
endorsement – official approval การรับรอง การลงนามในเอกสาร
amendment – a change made to a law or agreement การแก้ไขกฎหมาย
scrutinise – to carefully examine ตรวจสอบอย่างละเอียด
joint – done together; belonging to or shared between two or more people or groups ความร่วมมือกัน
regulation – controlling an activity officially by using rules การควบคุ
pose – to cause something, especially a problem or difficulty เป็นเหตุให้
operation – the workings of a company, industry or organisation การดำเนินการ
investor – a person or organization that invests money, i.e., uses money with the aim of making a profit from it, for example by buying property or buying shares in a company นักลงทุน
confidence – the quality of being certain ความมั่นใจ
key – most important ที่สำคัญ
issue – a problem that needs to be considered ประเด็น
image – an opinion that people have about someone or something ภาพลักษณ์
bound – certain; sure แน่นอน
private sector – businesses and industries that are not owned or controlled by the government ภาคเอกชน
policy – a set of plans or action agreed on by a government, political party, business, or other group นโยบาย
competitiveness – the able to compete, to be more successful than other companies or people in business
put off – to delay; to put back to a later time; to postpone เลื่อนออกไป
indefinitely – for a period of time with no fixed end ไม่มีข้อกำหนด