Regulator to decide on AIS deal next month
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Regulator to decide on AIS deal next month

NBTC set to rule on takeover of TTTBB

The board of the National Broadcasting and Telecommunications Commission (NBTC) plans to make an official resolution regarding the proposed takeover deal of Triple T Broadband (TTTBB) by Advanced Info Service (AIS) at a special meeting on Nov 10.

The move is pending additional details from an SCF Associates study on the economic effects of the deal, which is expected to be sent to the NBTC office on Nov 3, said the NBTC board.

The NBTC hired SCF Associates as an international advisor to study the economic impact of the takeover.

NBTC commissioner Suphat Suphachalasai, who is responsible for the examination of the economic impact of the deal, said the company sent two parts of its study to NBTC. The second part was sent to NBTC's office on Oct 14.

However, Mr Suphat said the second part of the SCF Associates' study has not been completed as it has yet to cover exact figures. The second part of the study also states that it is an early result open to change in the future.

The improved second report will be sent to NBTC on Nov 3.

Mr Suphat said the board is committed to transparency when deciding on the resolution of the deal.

The NBTC board has set up four subcommittees to scrutinise the impact of the deal in terms of economy, legality, technique, and the effect on consumers.

All the subcommittees have already submitted studies to the NBTC board.

NBTC also hired Thammasat University as NBTC's local independent advisor to study the deal.

Thammasat University has already submitted two parts of its study to NBTC, and the third part is expected to be sent by Nov 3.

"The NBTC board cannot make the consideration to the deal by receiving just the SCF Associates' study as it has not yet had matured details and may be able to vary in the future," Mr Suphat said.

The NBTC board earlier approved in principle the guidelines for the AIS purchase of fixed broadband service provider TTTBB and the AIS investment in Jasmine Broadband Internet Infrastructure Fund (JASIF).

TTTBB provides the service under the 3BB brand. The guidelines were proposed by the NBTC management.

AIS is committed to acquiring a 100% stake of 3BB and buying a 19% holding in JASIF, even though JASIF shareholders rejected AIS's proposed amendments to optical fibre cable rental agreements between TTTBB and JASIF.

AIS insists on considering alternatives such as the establishment of its infrastructure fund to utilise its asset to support long-term business growth to deal with the leasing contract for the JASIF network infrastructure after the contract expires in January 2032.

AIS PRESSURE

An NBTC source who requested anonymity said AIS management had sent two letters pressuring the NBTC board to make a resolution on the deal.

The first letter was sent to NBTC's secretary-general, while the second one was sent to the NBTC board on Oct 24.

According to AIS's letters, the company said NBTC's delay in making the resolution had resulted in damage to associated companies.

However, the source said the majority of the NBTC board members are likely to ask for a vote to make it clear whether the board holds authority and accountability to issue approval or disapproval of the deal, before considering details of the deal.

It depends on whether the NBTC board, which now comprises the full seven members, will ask for such a vote, the source added.

The source said four NBTC commissioners out of seven always have the same opinion, referring to Mr Suphat, AM Thanapant Raichareon, Pirongrong Ramasoota, and Sompob Purivikraipong.

Recently, NBTC chairman Dr Sarana Boonbaichaipruck said the board has no authority to approve or disapprove the deal but can just acknowledge the deal and issue remedies like the resolution for the merger deal of True Corporation and Total Access Communication.

In contrast, Mr Suphat recently voiced his opinion via the media that he still believes the board has the authority to approve or reject the deal.

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