Thai-based operator dtac today (6 September) filed a motion seeking to revoke a condition imposed by the country’s regulator preventing it from extending the use of the 850MHz band after a concession expires, and lodged a court petition seeking to protect its subscribers’ rights to use the network temporarily.

In a statement filed with the Stock Exchange of Thailand, the operator said: “Given that the end of concession is approaching…in order to protect our subscribers’ right to continuously use the 850MHz network after 15 September, which is a right provided to customers by the Remedial Measures Notification” it is taking action with the country’s Administrative Court against the National Broadcasting and Telecommunications Commission (NBTC).

The regulator on 2 July passed a condition requiring the Telenor-owned operator to participate in a 900MHz auction if it wanted an extension to the concession period. Dtac opted not to participate in the auction and NBTC was forced to cancel the sale as other operators showed no interest.

Bangkok Post reported earlier in the week NBTC’s board was not expected to approve dtac’s request to temporarily continue using the 2G spectrum to give it time to migrate all its customers to other networks, as stipulated by the original concession terms. The board met yesterday, but no decision was made.

A Telenor representative told Mobile World Live dtac filed the motion because the next board meeting is just a few days before the 15 September expiry, so it would have no time to take legal action if NBTC rules against it.

Dtac, the third largest mobile operator in Thailand, has just 380,000 customers on the 850MHz network, but it said half of its 21 million customers could face disruption as the band is used for roaming to other networks.