The National Telecommunications Commission's regulations governing the licensing of the 2.3-2.4-gigahertz spectrum are expected to take effect in September.
NTC commissioner Natee Sukonrat said yesterday after the last public hearing on the regulations that the draft would be submitted for the board's approval in the next two weeks.
According to the draft, owners of the spectrum must inform the NTC within 30 days after the regulations take effect of the details of how they will use the spectrum. If they fail to do so, they will be regarded as not wanting to use it and the NTC will reallocate their spectrum to another operator.
The draft regulations will cap ownership of the spectrum at 30 megahertz of bandwidth and require those owning more than that either to transfer the excess bandwidth to another operator or return it to the NTC within one year of the regulations' taking effect.
TOT owns the largest chunk of the spectrum, at 64MHz bandwidth. Natee said the NTC would urge TOT to put the excess spectrum bandwidth up for auction.
TOT is reportedly in talks with its concession holder Advanced Info Service to help provide broadband wireless service on the spectrum.
The NTC licences will be valid for 10 years. Owners will have to roll out a nationwide network within five years and reserve a maximum of 40 per cent of the network capacity to lease to other small firms to provide services on a retail basis.
A TOT representative at the hearing said the licence term of 10 years was too short.
A representative of Total Access Communication asked the NTC if the telecom operators that obtain a 3G-2.1GHz spectrum licence could also apply for the 2.3GHz-2.4GHz spectrum licence. Natee said they could own both licences.
The NTC will hold the auction of the third-generation spectrum licences on September 20.