Total Access Communication (DTAC) on Thursday filed a petition for an emergency injunction with the Central Administrative Court for a temporary protection order for its customers to continue using mobile service on the 850-megahertz spectrum after the Sept 15 expiry of its concession.
The third-largest mobile operator also filyed charges against the National Broadcasting and Telecommunications Commission (NBTC), calling for the court to withdraw the NBTC board's resolution made on July 2. The resolution rejected DTAC's request for a remedy period for 346,000 customers on the 850MHz spectrum network.
The move by DTAC is in response to the NBTC's delay in making a decision on remedy measures as the concession expiry is only days away, said Rajiv Bawa, chief corporate affairs and business development officer of DTAC.
"We would like to urge the NBTC to allow our customers to continue having mobile service on the 850MHz network until the regulator can hold new auctions for the spectrum with proper terms and conditions," he said.
Mr Bawa said at the minimum, a remedy period should be granted until the court makes a ruling.
The seven commissioners on the NBTC board could not reach a resolution on Wednesday on whether to provide a remedy period for DTAC. The issue will be raised at the NBTC's board meeting on Sept 12.
"We [DTAC] cannot wait until next Wednesday because that is three days before our concession expires. We need to take legal action against the NBTC," said Mr Bawa.
He said in addition to DTAC's 346,000 customers on the 850MHz network, at least 1 million customers use mobile service on the network's roaming system.
DTAC had 21 million total subscribers in June.
Previously, the NBTC granted a remedy period for AIS and True Move of 9-26 months after their concessions on the 900- and 1800MHz spectra ended.
Mr Bawa stressed there were no participants in the 900MHz auction because its conditions were unacceptable. If winners of the 900MHz bid secured a licence, they would need at least 24 months to upgrade the 850MHz services to the 900MHz band, he said.
If the court grants an injunction to allow DTAC customers to continue on the 850MHz network, the NBTC can earn profits from revenue generated on the 850MHz network, said Mr Bawa.
NO REMEDY, NO BIDS
"If we are not granted a remedy period and our customers face service disruption and switch to other operators' networks, DTAC will not join the new round of 900MHz auctions in October, which means we have to pay 37.5 billion baht for a licence," said Mr Bawa.
The NBTC this week announced plans to move up to October the third round of auctions for the 1800MHz spectrum licences and the second round for 900MHz licences, four months before it was initially scheduled.
For the 900MHz licence, the NBTC is considering setting a longer 900MHz licence payment period, from four years to eight years, to boost interest.
The regulator will also lift the condition that licence winners must be solely responsible for any and all interference in upcoming railway projects that are installed on the 850- and 900MHz spectra.