The amendment came under scrutiny after it was alleged to have financially damaged state agency TOT.
Under its amendment in September 2002, TOT allowed AIS to deduct the network roaming fee the company paid its subsidiary Digital Phone Co before calculating the concession fee AIS would pay to TOT.
The case was one of many cited by the Supreme Court in February 2010 in its ruling to seize Bt46 billion in assets of former prime minister Thaksin Shinawatra, citing his abuse of power by implementing policies that benefited his Shin Corp telecom empire at the expense of the state.
TOT passed the case to a committee founded under Article 22 of the 1992 Public-Private Joint Venture Act to seek ways to remedy this allegedly unlawful concession amendment. Most members of the committee voted that AIS should not be allowed to deduct roaming fees from its concession-fee calculation.
The committee submitted this result to the ICT Ministry, which has to propose an outcome for Cabinet consideration.