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Published on August 7, 2007

The regulations also cover refarming - the taking back of existing spectrums from telecom operators for reallocation.

The National Telecommunications Commission (NTC) viewed that though spectrum rights were exclusively awarded to operators, it could permit them to transfer their rights and relevant duties if deemed appropriate.

According to regulations, a rights transfer or spectrum sharing must be approved by the NTC and such transactions must not affect existing spectrum customers, market competition or lead to a market monopoly.

Those who want to oppose a rights transfer have to submit a letter to the NTC within 30 days after such a plan is publicly announced. The NTC might request either the rights holders or the telecom operators, which will receive the transferred rights, to pay the transfer fee.

The telecom operators can also seek permission from the NTC to use the existing spectrums of the other telecom operators and the latter can also oppose such move.

The NTC will also set up a committee to refarm the existing spectrums. The regulations allow the NTC to determine the existing or new telecom spectrums as the public spectrums in order to reduce a monopoly or to establish the frequencies for emergency use.

A source of one private telecom firm said that private cellular operators were studying whether the regulations could benefit them.

Usanee Mongkolporn

The Nation