MCOT’s spectrum rights questioned

A member of the National Broadcasting and Telecommunications Commission (NBTC) board is raising questions about the legality of granting compensation to state-owned broadcaster MCOT for the 2600-megahertz spectrum recalled for February’s 5G licence auction.

Prawit Leesathapornwongsa said that whether MCOT really has rights to occupy the spectrum is unclear, as well as whether MCOT’s contract with its technology partner, Playwork, to run a pay TV service through broadband wireless access (BWA) technology on the 2600MHz range is lawful.

He also noted that the spectrum has yet to be used by MCOT and is being inspected by the NBTC.

On Wednesday, Dr Prawit abstained from voting on the two resolutions in connection with the compensation that came before the

NBTC board.

One resolution concerned the amount of compensation and the other involved whether the NBTC should give the sum to MCOT, which would later pay a portion to Playwork, or give each party half of the compensation directly.

The board failed to reach a resolution on both issues.

In his letter clarifying why he abstained from votes, Dr Prawit said the agenda listed in Wednesday’s board meeting concerned only two issues, both about the compensation.

The meeting’s agenda is predicated on MCOT being compensated, despite the hazy legal rights of MCOT’s spectrum occupation, he said.

“I have raised the matter of MCOT’s obscure legal rights to the 2600MHz spectrum over the past several years,” he said.

Dr Prawit abstained from voting to stay consistent with his opinion.

“This was to reserve my right to a different opinion,” he said.

According to Dr Prawit, MCOT president Kematat Paladesh was called into Wednesday’s board meeting to clarify the compensation value that the company would pass on to Playwork.

MCOT’s president said he wanted the NBTC to split the sum in half to give to each of them, bypassing MCOT’s board, Dr Prawit said.

Previously, the NBTC’s legal advisory panel suggested the regulator had no need to divide the compensation, he said, adding that the matter should be settled between MCOT and Playwork.

The NBTC had hired three educational institutes to study remedy measures for the spectrum recall, including the size of the compensation. At that time, MCOT rejected the value settled on, saying it was too low.

I have raised the matter of MCOT’s obscure legal rights to the 2600MHz spectrum over the past several years.

PRAWIT LEESATHAPORNWONGSA

Board member, NBTC