Legal limbo stalls NBTC operations

A NBTC representative, left, receives a letter from the digital TV association's representatives on July 27. The development of policies and strategic initiatives by the National Broadcasting and Telecommunications Commission (NBTC) could be delayed by the deadlock caused by the ruling that the chairman lacks the qualifications to hold office.The NBTC board meeting on July 27 was aborted as three commissioners boycotted the session over the NBTC selection committee's ruling on July 17 to disqualify chairman Dr Sarana Boonbaichaiyapruck. The three members refused to recognise the chairman's authority to preside over the session. The deadlock is expected to continue, with the next NBTC meeting scheduled for Aug 5. Dr Sarana said he remains legally in office until a royal command formally relieves him of his duties. Some commissioners asked Prime Minister Anutin Charnvirakul to step in to resolve the dilemma using legal options. On Monday, Mr Anutin said the government must wait for a resolution from the Senate on the case before the administration could proceed. POLICIES AT RISK An executive at the NBTC who requested anonymity said this "crisis" could affect policy development at the regulator, including the 2030 digital TV roadmap, a plan to develop a national digital TV streaming platform, spectrum management and future spectrum auctions, satellite licensing and orbital resource management. The impasse could also impact the development of digital infrastructure policies and planned zoning of data centres, as well as consumer protection and future digital services regulations, said the source. Thailand's major mobile operators are investing heavily in 5G network expansion, artificial intelligence-enabled networks, cloud services, enterprise digital platforms and data centres. "As digital infrastructure eventually drives economic competitiveness, delays in regulatory decisions increasingly carry economic consequences," noted the executive. Although the NBTC's day-to-day functions continue under the secretariat's office, the source said strategic decisions require board approval. On July 17, the NBTC selection committee ruled that Dr Sarana was prohibited from serving as chairman under Article 8 (2) of the 2010 NBTC Act. As a result, he is ineligible to serve in that position, according to Article 18 of the 2021 NBTC Act. Article 8 (2) states commissioners must not be employees of state agencies or state enterprises, nor directors or advisors to state enterprises or state agencies. Under Article 18, those approved by the Senate to serve as NBTC commissioners are obliged to present evidence to the Senate president showing they are not prohibited under Article 8. If they fail to submit evidence within the specified time frame, the nominees waive their right to become commissioners and a search for replacements can begin, according to the law. On Dec 22, 2021, the Senate instructed five candidates including Dr Sarana to resign from any prohibited posts mentioned in Article 8 (1), (2) and (3) by Jan 11, 2022. All of them were royally appointed on April 13, 2022. Later, the NBTC selection panel was shown evidence that Dr Sarana allegedly held temporary employee status as a physician at Ramathibodi Hospital's Faculty of Medicine, with hourly payments from Jan 8 to April 12, 2022. Dr Sarana said he was not a government officer, having resigned from government service on Jan 8, 2022, nor was he an employee. The Association of Digital Television Broadcasting (Thailand) recently submitted a letter to the NBTC expressing concern that legal uncertainty surrounding the chairman's qualifications could undermine the board's legitimacy on future resolutions regarding broadcasting policies. Broadcasters want regulatory clarity to prepare for the expiration of their digital terrestrial TV licences in 2029. The association noted its members collectively hold 15 digital terrestrial TV licences, making them among the stakeholders most directly affected by any NBTC decisions on the industry's long-term regulatory framework. INVESTOR CONFIDENCE The NBTC executive said Thailand's satellite industry is entering another investment cycle involving orbital rights, satellite replacement programmes and new space-based communications services such as low Earth orbit satellites. "These projects require regulatory continuity because satellite investments typically involve long-term commitments extending over 15 years or more," said the source. Regulatory uncertainty may affect investor confidence, particularly among companies evaluating future satellite capacity and international partnerships, noted the executive. Consumers may not immediately notice the impact of governance uncertainty, but prolonged delays could eventually affect service innovation, competition and consumer protection, said the source. A telecom veteran who requested anonymity said telecom operators, broadcasters and investors are watching, assessing Thailand's ability to maintain stable, transparent and predictable governance in the digital economy. It is doubtful whether the board meeting on Aug 5 will occur given the legal limbo regarding Dr Sarana's qualifications, said the veteran.