The government will invoke Section 44 of the interim constitution to enable the re-auction of the 900-megahertz spectrum on May 27.
The government tentatively scheduled the new auction round for the 900MHz spectrum on May 27, rather than May 22 as set before, because mobile operators identified as key prospective bidders said the previous schedule would make it impossible for them to obtain bank loans.
Invoking Section 44 is meant to solve the problems plaguing the 2G network shutdown of the 900MHz spectrum, as the government wants to prevent service disruption to Advanced Info Service (AIS) customers after the court-mandated deadline of April 14.
The resolution was reached yesterday during a meeting of government officials headed by Deputy Prime Minister Wissanu Krea-ngam, Information and Communication Technology Minister Uttama Savanayana, representatives of the National Broadcasting and Telecommunications Commission (NBTC) and the chief executives of AIS and True Move.
A high-ranking source at the NBTC said the heads of AIS and True Move signed a memorandum of understanding to accept yesterday's resolution.
"Both AIS and True agreed not to take legal action against the May 27 rescheduling date, which would delay the bidding," the source said.
NBTC secretary-general Takorn Tantasith said the government's decision to use Section 44 took the agreement signed by AIS and True into consideration.
Last Friday, the government held a meeting with NBTC representatives, Mr Uttama, the Office of the Auditor-General, the Office of the Attorney-General and the National Council for Peace and Order to consider AIS's offer for an outright takeover of the 900MHz spectrum licence previously won by JAS Mobile Broadband without having another auction.
But the government rejected AIS's proposal and ordered the NBTC to hold a new auction round for the 900MHz band on May 22.
The NBTC source said AIS last week asked the Central Administrative Court for a second extension on using the 900MHz spectrum to provide service to its 2G customers until June 30.
The country's largest mobile operator is seeking a court injunction against the NBTC's order to switch off its 900MHz signal for re-auction.
Yesterday, True filed a cross-claim against AIS asking the court not to accept the petition.
The court expects to hear the petitions of AIS and True today.