NBTC to retroactively collect fee from type-2, type 3 licence holders
The Office of the National Broadcasting and Telecommunications Commission (NBTC) will retroactively collect the Universal Service Obligation (USO) fee for last year, totalling Bt500 million, from holders of type-2 and type-3 licences, NBTC secretary-gener
He added that the NBTC Office would notify them soon. The plan to collect the USO fee for last year retroactively was initiated by the NBTC Office itself, not through an NBTC board resolution.
The now defunct National Telecommunications Commission (NTC) – NBTC’s predecessor – suspended the USO fee collection last year, pending the complete establishment of the NBTC last year to collect the fee.
The NTC’s board was of the view that the 2010 Frequency Allocation Law that gave birth to the NBTC contains a clause on USO fund establishment. Therefore, the NTC should suspend fee collection and wait for the NBTC to collect the fee under the law.
Takorn said that according to the NBTC Office’s preliminary interpretation, the NTC issued the USO regulations under the Telecom Business Act, which has been in use since 2001. Therefore, fee collection should not be suspended during formation of the NBTC but should instead be continued.
He added that licence holders who disagree with the retroactive fee claim could present their views to the office. He said that it is better to collect the fee for last year retroactively or the office might face a possible legal challenge related to the matter.
The NTC issued the USO regulations in 2005, which have been applied only to holders of the type-2 and type-3 licences. They are obliged to pay 4 per cent of their annual revenue to the fund if they decline to develop telecom services in remote areas. The NBTC will use the fund to hire other firms to do so. The fund is aimed at promoting equal telecom service accessibility.
Type-2 licence is for telecom operators with or |without the telecom networks and their competition |has a limited impact on the market. The holders of the type-2 licence with networks are subject to USO regulations.
Type-3 licences are for telecom operators with their own networks and their competition can impact the market on a wide scale.
TOT and CAT Telecom, which hold type-3 licences, do not have to pay the retroactive USO fee for last year as both opted to develop telecom services in remote areas last year.
Currently the fund has Bt2.9 billion cash.
The NBTC will hold a public hearing on the new USO draft regulations of 2012-2016 on January 27.
