Make-up of new regulatory system for broadcasting, telecoms still unknown

SUNDAY, DECEMBER 28, 2014
Make-up of new regulatory system for broadcasting, telecoms still unknown

It remains to be seen what the new regulatory body for the broadcasting and telecom sectors - expected to get off the ground in next couple of years - will look like, given mixed views of those involved in forming the new regulator.

The mass communications committee of the National Reform Council (NRC) set up three subcommittees last week. One is in charge of reforming public participation in regulating the media; the second aims to reform media rights and ethics, while the third aims to reform the telecom and broadcasting sector. 
Pana Thongmee-akom, who chairs the subcommittee reforming the broadcasting and telecom sectors, said he personally thinks there should be only one regulatory body overseeing the broadcasting and telecom sectors, just like the present one. This is in line with the era of the technology convergence. 
“We should not go against the global convergence trend. The use of technology and spectrum allocation are the related issues,” Pana said.
However, he said some parties want to see the formation of three separate regulatory bodies, which would oversee the media, broadcasting and telecom sectors. Some parties even want to see the NBTC under the ICT ministry.
But Pana said it was better to have an independent body that can be publicly scrutinised. If the watchdog had to work under the ministry, it would be difficult to scrutinise its working process, he said. 
Pana’s subcommittee has less than a year to finish the reform plan, which will be sent to the mass communications committee for consideration. Then the NRC will propose reform plans for all 11 sectors to the National Legislative Assembly.
For the media sector, Pana said he supported self-regulation for media organisations. The National Broadcasting and Telecommunications Commission (NBTC) should focus more on preventing other parties from dominating the media to ensure media independence.
ICT minister Pornchai Rujiprapa also said the new regulator should not work under the ministry but independently. However, he said it would depend on the new constitution what the regulator would look like. At present the ministry and existing watchdog have to quickly settle problems with their redundant roles, especially in satellite affairs.
Pornchai said the new regulator should work under the planned Digital Economy Committee chaired by the prime minister.
“The watchdog should not work under the ministry but something about it has to be changed, including its member selection process. The organisation should also be designed to be easily scrutinised by the public,” the minister said.
NBTC telecom committee Settapong Malisuwan said the NRC subcommittee should focus on making it clear whether the ministry or the NBTC should single-handedly oversee matters related to satellites. It should also revise Article 45 of 2010 Frequency Allocation Law, which requires spectrum allocation by auction only. 
Currently, the ministry handles the reservation of orbital slots, while the NBTC issues new satellite business licences.
Advanced Info Service chief executive officer Somchai Lertsutiwong said it was not so important for the new regulator to be independent as having it perform in the best interests of the country and able to work with the government to implement policies. “If not, industries will go nowhere,” he said.