Author Topic: Row over spectrum set to hit 1m DTAC subscribers  (Read 440 times)

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Offline Newsy

Row over spectrum set to hit 1m DTAC subscribers
« on: September 08, 2018, 01:10:46 PM »
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Row over spectrum set to hit 1m DTAC subscribers

MORE THAN 1 million mobile-phone subscribers of Total Access Communication (DTAC) group could experience service disruption if the company fails to get approval from the telecom regulatory body for its plan to allow DTAC continued use of the 850MHz band after its concession ends on September 15.

DTAC revealed that more than 1 million subscribers in its group regularly use the 850MHz band. Of these, around 90,000 are in DTAC’s 850MHz concession. The rest of the more than 1 million are subscribers of its subsidiary, DTAC TriNet, who regularly roam with DTAC’s 850MHz. The DTAC group currently has more than 21 million subscribers.

If the consumer protection plan is not approved, the 850MHz concession customers will be disconnected past midnight on September 15, while the DTAC TriNet customers roaming on 850MHz may experience service disruptions in some areas.

DTAC has provided the 3G service on the 850MHz band. In its latest move to defend customers, DTAC yesterday filed a lawsuit before the Central Administrative Court for temporary protection of its 850MHz customers, in response to the National Broadcasting and Telecommunications Commission (NBTC)’s continued failure to approve its consumer protection plan.

DTAC executives yesterday said the company had prepared several consumer-protection measures, including aggressive expansion of its 2.1GHz network to make up for the potential shutdown of the 850MHz network.

The company also has proactively reached out to customers with planned compensation proposals for network problems they may experience in the coming weeks.

DTAC said that despite multiple requests for relief measures, the NBTC had yet to grant remedy to DTAC’s customers. With nine days left before the end of the concession, DTAC is therefore forced to take action to protect its customers by petitioning the courts to allow customers to continue using the 850MHz network.

DTAC chief corporate affairs and business development officer Rajiv Bawa said yesterday: “We view with grave concern the NBTC’s inability to arrive at a conclusion on this matter, despite the existence of a legal framework as well as the existence of precedence involving other operators. To protect our customers, we have no choice but to file a case for temporary protection.”

Ensuring uninterrupted coverage for DTAC customers is a joint responsibility of the NBTC, CAT Telecom and DTAC. It is also a legal obligation under the NBTC’s remedial measures, he added.

CAT has granted the 1800MHz and 850MHz to DTAC to offer telecom service.

On June 7, DTAC and CAT submitted a joint letter to the NBTC, seeking the right to provide 850MHz services after the end of the concession.

Bawa said that the NBTC, in the past, had granted such a protection to customers of DTAC’s competitors after their concession ended for a duration of nine months to 26 months. The NBTC has declined to approve DTAC’s customer protection plan, citing the company’s decision to not bid for the 900MHz licence.

In early August, DTAC petitioned the watchdog to revise this decision.

However, the NBTC board meeting on Wednesday declined to consider the petition but asked the NBTC office to gather more information for its consideration at the next board meeting on September 12.

The NBTC has reclaimed DTAC’s 850MHz and rebanded it 900MHz and recently put it up for auction. However, none of the potential bidders submitted offers, citing some impractical conditions, prompting the abortion of the planned auction.

Bawa said that if DTAC loses all its 850MHz customers, then it might lose interest to bid for the 900MHz to lure back customers when the NBTC re-auctions the 900MHz. He added that once the [850MHz] customers exit DTAC, they are unlikely to come back.

“If the court grants an injunction allowing customers to use the 850MHz network during the court process, the state will collect all profits on 850MHz, meaning customer protection does not damage the state in any way. On the other hand, if customers cannot use the 850MHz network, this would lead to the 850MHz spectrum remaining idle, damaging both the state and DTAC customers irreparably,” Bawa said.

According to the NBTC’s rules, telecom operators will have to transfer revenue after cost deduction, which they gain during the remedy period, to the NBTC.

The remedy period is a temporary duration that the NBTC provides to the telecom operators to continue to offer service after the concession ends, so as to give time to consumers to migrate to other networks.

DTAC’s share price yesterday fell to 43.50, down 1.69 per cent.
 

Offline Newsy

Re: dtac files suit seeking equal protection for its 850MHz customers
« Reply #1 on: September 12, 2018, 10:43:17 AM »
nationmultimedia.com

dtac files suit seeking equal protection for its 850MHz customers

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.”
 

Offline Newsy

Re: NBTC to cut off Dtac's 850MHz customers on Saturday night
« Reply #2 on: September 12, 2018, 04:22:32 PM »
bangkokpost.com

NBTC to cut off Dtac's 850MHz customers on Saturday night

The board of the National Broadcasting and Telecommunications Commission (NBTC) on Wednesday resolved not to allow any leeway for mobile phone subscribers using the expiring 850-megahertz spectrum concession of Total Access Communication Plc (Dtac).

Six of the seven members of the NBTC board took part in the meeting on Wednesday morning. Four voted against offering any redress. The two others, Prawit Leesathapornwongsa and Thawatchai Jittrapanun, were in favour of allowing Dtac extra time.

NBTC vice chairman Natee Sukolrat was absent from the board meeting.

On Tuesday Dtac filed a complaint with the Administrative Court accusing the NBTC of failing to protect its mobile phone customers. The regulator plans to end all services using the 850MHz spectrum, mostly 2G phones. The court's decision is pending.

Dtac's contract will expire on Saturday night, when its 27-year concession to use the spectrum ends.

The country's third largest mobile phone operator, Dtac argued that the NBTC allowed other operators to maintain mobile phone services for their customers after their concessions ran out, pending the selection of new spectrum licensees.

About 346,000 mobile phone customers use Dtac's 850MHz spectrum network. Without any relief from the NBTC, their phones will be disconnected from the nationwide phone service on Saturday.

In addition to customers directly using 850MHz facilities, Dtac said earlier that about one million other customers would also be affected because the roaming system on their phones depended on the 850MHz spectrum.
 
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Offline Newsy

Re: NBTC stays firm on rejection of DTAC’s plea for remedy period
« Reply #3 on: September 13, 2018, 11:30:35 AM »
nationmultimedia.com

NBTC stays firm on rejection of DTAC’s plea for remedy period

 THE NATIONAL Broadcasting and Telecommunications Commission (NBTC) yesterday reiterated its decision to deny a remedy period to the 850MHz subscribers of Total Access Communication (DTAC).

The matter now moves to the Central Administrative Court where DTAC had already filed a lawsuit on September 6, seeking temporary protection for its 850MHz customers, after the NBTC declined to approve its consumer protection plan before its concession ended after midnight on September 15, 2018

The company’s share price yesterday fell 5.14 per cent to close at Bt41.50.

DTAC chief corporate affairs and business development officer, Rajiv Bawa, said yesterday that DTAC acknowledged the NBTC resolution and the company was awaiting the court’s order on the matter.

NBTC secretary-general Takorn Tantasith said that once the court makes a ruling on the case, the NBTC was ready to comply with the order.

Six out of seven commissioners voted 4:2 yesterday. One commissioner is on an overseas trip.

The majority of the commissioners said there was no justification to grant DTAC the remedy period as the number of its 850MHz customers remaining in the concession was not enough to justify DTAC’s entry into the remedy period.

As of Sunday, DTAC still had around 94,625 customers on the 850MHz concession, of which around 60,000 are human users and the rest machines.

The remedy period is a temporary duration that the NBTC provides to telecom operators to continue to offer service after the concession ends, so as to give time to consumers to migrate to other networks.

Earlier, DTAC had said that around 1 million of its group customers will be hit if the NBTC declined to grant the remedy period to its 850MHz subscribers before the concession ended.

Around 90,000 are those using 850MHz in the concession and the rest of over 1 million are subscribers of its subsidiary DTAC TriNet, who regularly roam with the 850MHz network.

However, Takorn said that the watchdog counted only those in the concession.

Takorn said that the NBTC had earlier granted remedy periods to DTAC’s competitors, as it was NBTC failure to hold the auctions of their spectra before their concession ended.

In DTAC’s case, the auctions had been held before the concession ended. CAT has granted the concession to DTAC to operate the 1800MHz and 850MHz services. The NBTC has reclaimed these bands and rebanded the 850MHz as 900MHz, and put them up for auctions in August.

However, no one bid for the 900MHz but only 1800MHz.

DTAC recently said that it had prepared a raft of measures to mitigate the impact of the end of concession on its customers.

It has prepared several consumer-protection measures, including aggressive expansion of its 2.1GHz network to make up for the potential shutdown of the 850MHz network.

The company also has proactively reached out to its customers with planned compensation proposals for network problems they may experience in the coming weeks
 

Offline thaiga

Re: Court issues injunction protecting Dtac subscribers
« Reply #4 on: September 14, 2018, 06:59:07 PM »
Court issues injunction protecting Dtac subscribers

The Central Administrative Court on Friday issued an injunction against the telecom regulator, allowing customers of Total Access Communication (Dtac) to continue using the 850MHz mobile phone spectrum for another three months.

The court order benefits about 95,000 Dtac subscribers, most of them using the 2G service and others for roaming.

The National Broadcasting and Telecommunication Commission (NBTC) had planned cut off Dtac's access to the spectrum at midnight on Saturday.

Dtac has been locked in a dispute with the telecom regulators over its access to the spectrum when its concession expires. The NBTC board on Thursday decided by a split vote not the allow the company any leeway when the 28-year contract ends on Sept 15.

The regulating agency cited Dtac's decision not to enter an auction for use of the 900MHz spectrum to replace the 850MHz frequency, which would have allowed the company to smoothly migrate the users.

DTAC decided to seek court help, citing the need for subscribers whose devices use the spectrum to be protected from having the signal cut off.

The court said in the injunction statement released after the ruling that Dtac had the right to protect the affected customers until Dec 15.

This means that Dtac subscribers using the 850MHz bandwidth have three months to switch to other spectrums operated by the company, or move to another provider.

bangkokpost.com
Anyone who goes to a psychiatrist should have his head examined.
 

Offline thaiga

Re: DTAC allowed to stay on 1800MHz until Oct 24
« Reply #5 on: September 26, 2018, 11:35:00 AM »
DTAC allowed to stay on 1800MHz until Oct 24

Total Access Communication (DTAC), the third-largest mobile operator, can continue using 20 megahertz of bandwidth on the 1800MHz spectrum range as per the original conditions of its concession until Oct 24, despite the concession expiring on Sept 15.

According to the telecom regulator's rules, the concession holder can continue using the spectrum under the concession for 30 days after the regulator awards a licence to an auction winner.

On Monday, the National Broadcasting and Telecommunications Commission (NBTC) awarded the 1800MHz licence to Advanced Info Service's subsidiary AWN, containing 5MHz of bandwidth or 5x2MHz for upload and download.

DTAC, through DTAC TriNet, won another licence on the 1800MHz for 5MHz in the second-round auction for 1800MHz licences on Aug 19. DTAC has until Nov 21 to submit the first instalment of its licence payment, worth 6.7 billion baht. Three days after the first payment, the NBTC will award a licence to DTAC.

AWN was awarded a licence on Sept 24, so DTAC can use its 20MHz of bandwidth on the 1800MHz for another 30 days, until Oct 24.

However, DTAC recently submitted a letter to the NBTC asking for a permission to continue using the 20MHz on the 1800MHz band until Dec 15.

Mr Takorn said the NBTC has not yet considered the company's request, but it will be on the agenda for the NBTC's next board meeting.

DTAC operates mobile service on the 1800- and 850MHz bands under a concession from CAT Telecom, which expired on Sept 15.

Previously, the Central Administrative Court extended the lifeline for 90,000 users on DTAC's 850MHz network to continue using the spectrum until Dec 15, or three months after expiration.

The court overturned the NBTC board's July resolution that refused DTAC use of the 850MHz spectrum after expiry of the concession.

According to legal precedent, the NBTC as the disputing party of the lawsuit has the right to file an appeal against the court order within 30 days from when the court order was released, or until Oct 15.

A source at the NBTC who requested anonymity said DTAC's latest move, asking the NBTC for use of 20MHz of bandwidth on the 1800MHz band, looks like DTAC is trying to take advantage of the right to use the 20MHz under the original concession conditions until the court-ordered expiry date of Dec 15.

The NBTC is waiting for DTAC to submit papers for the second-round auction for 900MHz licences, which has an Oct 8 deadline. The auction is scheduled for Oct 20.

"If DTAC sits out the second-round auction for the 900MHz licence again, it is likely the NBTC will file an appeal with the Central Administrative Court against the court order that previously allowed DTAC to continue using its 850MHz until Dec 15," the source said.

bangkokpost.com
Anyone who goes to a psychiatrist should have his head examined.
 

 



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