Mobile operator dtac (Total Access Communication) on Tuesday filed a lawsuit at the Administrative Court regarding a National Broadcasting and Telecommunications Commission resolution that results in dtac’s customers not being protected by the agency’s regulation on protection for expired concessions.
Under this rule, the NBTC granted temporary protection to the customers of others operators, and dtac has now asked the court to order the same protection for its customers, as enacted by the network migration law.
The listed company made four key points:
• dtac and dtac’s users have the legal right to be protected and allowed to enter into remedial measure after the concession has expired, to allow users to use mobile service continuously until the NBTC has allocated the spectrum in the expired concession to a new licensee.
• In the past, the NTBC has not allocated the spectrum that dtac is currently using – 850MHz – but the NBTC allocated the 900MHz spectrum with the condition that has been widely criticised regarding its appropriateness, which led to no bidder participating in the auction.
• There was no 850MHz auction, and the 900MHz auction did not lead to a new licensee to build a network that supports 850MHz users.
Therefore, the users have the right to be protected to allow them to use mobile services continuously, according to the network migration law, for the period of no more than one year, or until a new licensee has been awarded the 850MHz spectrum.
• Other operators had been protected by such a law in the past when those operators’ concessions expired without new licensees for the expired concessions.
Raweepun Pitakchatiwong, head of the General Counsel Division at Total Access Communication, said on Tuesday: “dtac would like to make it clear that the same law must apply to everybody equally. Anyone who fails to comply with the law, discriminates against dtac’s users or facilitates certain parties, must be responsible for their actions. And, dtac will take all necessary legal actions to protect its customers.”