Bangkok--14 Jan--DTAC
Total Access Communication PLC (DTAC) today asked CAT again to base any decision regarding the use of 800MHz frequency band strictly on the law and the provisions of the concession.
DTAC sent a letter to the CAT’s President today in reference to the announcement by CAT and True Move on their 3G/HSPA partnership, on 800MHz frequency band.
DTAC states in the letter that it agrees with the introduction of 3G technology into Thailand but considers that any actions taken by any government agency such as CAT should be transparent, in accordance with the law and the provisions of the Concession.
In the letter, DTAC asks CAT to clarify what frequency band CAT has approved True Move to operate 3G/HSPA.
The company states in the letter that CAT does not have any rights to approve or consent to the use of such frequency band by True Move because of the following reasons: -
(1) CAT and DTAC have not reached an agreement on certain conditions to the HSPA Upgrade (including the frequency re-allocation) and, as a result, CAT has no right to allow True Move to use the frequency band that DTAC is currently and legally entitled to under the Concession
(2) CAT has confirmed to DTAC that CAT will need to comply with the applicable law in relation to the HSPA Upgrade by DTAC and True Move, in particular the Private Participation in State Undertakings Act, which DTAC understands that CAT is in the process of compliance with such law. Therefore, the operation of 3G services by True Move at this stage, whatever is called — pre-trial, trial or soft launch, would be in violation of such law
(3) In addition, DTAC has not authorized or entered into any agreement with True Move allowing True Move to use, temporarily or permanently, the frequencies in 850 band which DTAC has the right to use under the Concession
“DTAC would like CAT to immediately cease any action which would be in violation of applicable law and the provisions of the Concession. Otherwise, we have no other options but resorting to the process of law for the purpose of protecting our lawful rights,” according to CEO Tore Johnsen.
Prior to the today’s letter, DTAC have had at least two formal meetings with CAT, followed by sending two formal letters, to ask for CAT’s clarifications on the matter, but have not received any formal feedback from CAT.