ICT, NBTC to collaborate on amending 3 unclear laws

THURSDAY, AUGUST 29, 2013
ICT, NBTC to collaborate on amending 3 unclear laws

Move to avert different interpretations

The National Broadcasting and Telecommunications Commission and the Information and Communications Technology Ministry will set up a joint panel to amend the three laws governing this sector to make them clearer and put an end to different interpretations of the same laws.
ICT Minister Anudith Nakornthap and NBTC chairman Thares Punsri yesterday agreed that they would jointly draft amendments of the 2010 Frequency Allocation Law, the 2008 Broadcasting Act, and the 2001 Telecom Business Act. The ICT Ministry will then present the draft to the Cabinet for approval.
The ministry called for these amendments after finding that many different parties were interpreting the same laws differently for their own benefit. 
Anudith has said these laws have been in use for years and have experienced some problems and legal challenges, which were not good for either the broadcasting or the telecommunications industry. The best way to resolve this was to join forces on revising the laws to make them more effective.
An NBTC source said one of the clauses in the frequency law that should be amended was Article 45, which obligates those wanting to provide telecom services to apply for a licence enabling them to bid for the spectrum they want. 
Settapong Malisuwan, NBTC telecom committee chairman, said yesterday that the minister and commission had also agreed in principle that the state agencies had to return their spectra to the NBTC for reallocation after their concessions expire.
The 1,800-megahertz concessions of TrueMove and Digital Phone Co (DPC) under CAT Telecom will end on September 15.
The ICT minister plans to support CAT’s wish to take back an unused portion of the 1,800MHz spectrum from Total Access Communication (DTAC), totalling 25MHz bandwidth. CAT wants to combine this with the 1,800MHz network asset that is to be transferred to the agency by TrueMove and DPC after their concessions expire.
The Frequency Allocation Management Panel of the now-defunct Post and Telegraph Department allocated 50MHz bandwidth to CAT, which in turn granted it to DTAC. DTAC currently uses only 25MHz of that, with the rest unused. DTAC’s concession will not end until 2018.
The Cabinet recently approved the ICT Ministry’s proposal for CAT and TOT to upgrade their use of spectra whose concession terms have yet to expire to provide broadband cellular service. The Cabinet authorised the ministry to negotiate with the NBTC to coordinate the matter.