CAT Telecom chief executive officer Jirayuth Rungsrithong said a decision is near on whether Total Access Communications (DTAC)'s concession allows it to upgrade its existing network to 3G technology.
But it remains unclear whether this is so. DTAC, which operates under a concession from CAT, has been waiting since 2008 for the agency's consent to upgrade its network to 3G-High Speed Packet Access (HSPA) technology to provide commercial 3G-850 MHz service. So far, CAT has granted DTAC permission to do so only on a non-commercial basis.
Jirayuth said CAT would consult again the Office of the Attorney-General on whether DTAC is allowed to upgrade its network, this time with the added request that the Office reply promptly.
CAT first consulted the Office on this matter on April 22. The Office replied on September 12 that it had declined to make a decision on the matter.
The Office reply cited a May resolution by the National Telecommunications Commission (NTC) that DTAC is entitled under its concession, subject to the telecom law, to apply for an NTC permit to upgrade to HSPA technology. The NTC board therefore permitted DTAC to use radio communications equipment at its 1,200 base stations to facilitate the upgrade, and ruled that it was DTAC's duty to inform CAT of this. It was in accordance with this NTC resolution, the Office said in its reply, that it refrained from issuing an opinion on CAT's request on behalf of DTAC.
After receiving the Office reply last week, Jirayuth told ICT Minister Group Captain Anudith Nakornthap that while the reply "indicates" that DTAC can upgrade the network, CAT would re-submit its request to the Office of the Attorney-General. Jirayuth declined to specify when the request would be re-submitted, however.
CAT has also asked DTAC to clarify whether its current 3G-850 MHz service is offered on a commercial basis. DTAC has yet to reply.
DTAC launched the 3G-HSPA service on 850MHz in Bangkok on August 16, despite being told by CAT to wait for the Office to reply on the matter. The second-largest cellular operator said it had to press ahead with the launch or risk losing premium data customers to Advanced Info Service and Real Move.
Real Move, a subsidiary of True Corp, has launched a 3G-850 MHz service in partnership with CAT.
In January, CAT signed deals with True subsidiaries Real Move and Real Future, paving the way for collaborations to provide 3G-HSPA services. As part of these deals, Real Future will procure HSPA equipment for CAT to provide 3G capacity on a wholesale basis to interested firms. CAT will also wholesale 3G capacity to Real Move, which will provide retail services for 14.5 years.
The Office replied to the ICT Ministry in July that these CAT-True deals are not subject to the 1992 Public-Private Joint Venture Act.
The ministry consulted the Office on the matter after questions were raised about their legitimacy, including whether the deals must be in compliance with the public-private joint venture law.
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