The Administrative Court's decision last week to dismiss the Ombudsman's objection to the 3G spectrum auction was welcome. What is needed now is decisive and strong leadership to implement high-speed, mobile phone networks. When the judges waved off the Ombudsman, it was a clear signal that the time is past to consider more delaying tactics. Thailand is behind its neighbours and the world, and it is necessary to catch up.
The attempt to bring third-generation mobile phone communications to the public has been a disaster. The planning was terrible, and the execution was worse. Competing bodies ran into each other like a slapstick movie _ except that it was not funny. Regulators played politics, politicians tried to interfere in regulations, and the courts _ with one exception _ offered no useful guidance.
That exception came more than two years ago when the Constitution Court intervened. It struck down the authority of the then-National Telecommunications Commission, halting a planned spectrum auction in its tracks. Ponderous procedures replaced the NTC with the current National Broadcasting and Telecommunications Commission (NBTC). It held the delayed auction on Oct 16.
Immediately after AIS, DTAC and True Move bid for and bought the three spectrum licences that were on offer, suspicion arose there might have been collusion. No evidence has yet emerged. Numerous cases have been filed in numerous courts to block the award of the licences, which is due before mid-January. The Ombudsman's Office claimed the auction was not competitive, and possibly raised less money for the state than it could have.
This argument, which was not directly addressed by the court, cuts both ways. "The state" might arguably charge or earn more billions of baht for licences. But the three mobile phone companies will not pay this bill anyhow. Consumers using the 3G service will pay for both the licences and the profits of these companies. Higher bids and auction prices only mean higher costs for Thai consumers, almost all of whom have mobile phones.
Remaining court cases are mostly carbon copies of the Ombudsman's Office suit. Many are nothing but politically inspired attempts to get the courts to make the government or the NBTC look bad. The Administrative Court system and the Constitution Court should give such lawsuits no more respect than they deserve.
Thailand has entered a time warp for telecommunications. The country supports more mobile phone numbers and accounts than there are citizens. Internet usage continues to rise, with Thais among the most enthusiastic users of social media like Facebook, Twitter and blogs. Yet it provides almost no facilities for high-speed and smartphone telecoms. It is not just the last country in the region to build and operate a national 3G network, it is among the last in the world.
There may be evidence of wrongdoing in the auction and awarding of 3G licences. The only important point, however, is that in the past two months, none has emerged. In the absence of strong evidence of malfeasance or corruption, it is time to dismiss the objections to this important, needed technology. The government, its agencies and regulators must now stand firm and move towards a proper system of 3G telecommunications by next year.