3G In Thailand: Thai Business Lawyers Explain The Problems

It's impossible to escape the term '3G' in Thailand currently, with talk of legal controversies, social progress and consumers' rights abounding in the debate over 3G network licenses in Thailand. With both consumers and businesses on the same side in this argument, it seems strange that Thai law should oppose something that seems universally anticipated and necessary. End Quote

(1888PressRelease) October 20, 2010 - Bangkok, Thailand - With both consumers and business keen to see the creation of a 3G network in Thailand, many are scratching their heads as to why the Supreme Administrative Court has delayed the plan. Thai lawyers from BSA Law explain.

There were three main elements in the argument that the Supreme Administrative Court followed in upholding the injunction against the 3G license auction:
• There was no masterplan for allocation and administration of frequencies drawn up (as required by the National Telecommunications Communication Act) before bids were called for. This was likely to create future legal problems
• There would not be much damage caused to the 3 bidders in the auction
• Despite the 4-year delay expected in resolving this hurdle, the Court felt that the impact on administration and public service would be minimal

Thailand legal service BSA Law says that these points are valid. "Something as important to the country as the 3G network cannot be built on shaky legal foundations," said Apisakde Kongkangwanchoke of the Thailand corporate legal service.

Complicating the issue is the potential shift of authority in issuing 3G licenses from the current NTC, to the not-yet-formed National Broadcasting and Telecommunications Commission (NTBC), and the fact that other South East Asians countries are currently accepting bids for 4G licenses, as 3G becomes more outdated.

Mr. Kongkangwanchoke advised that it would likely not take the full expected 4 years to institute 3G service. "The current format is a legal and administrative spaghetti bowl. CAT Telecom are already talking of simply upgrading their existing frequency to 3G standards, and I believe that would be a less tortuous route under Thai law."

About BSA Law:

For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. BSA Law seeks to provide international standards of legal services while retaining the customs of the Thai business culture.

For more information please contact:

Jim Byrne
Business Advisor, BSA Law.
Email: jim ( @ ) bsalaw dot co dot th

http://www.bsalaw.co.th

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