Patra urges Ombudsman to investigate NBTC for potentially favouring True-Dtac merger

Patra submitted a letter of complaint about the work of NBTC and its associates to the Ombudsman, to investigate and discover fault. It appears there is intention to assist a private company, from the case of NBTC preparing a document for the Prime Minister for the Council of State to consider NBTC’s powers in considering the merger of True and Dtac for the second time. This shows the intention and attempt to resist performing its duty as an independent organization under the Constitution. There is an attempt to bring in the executive branch to interfere and control the use of power by NBTC, which is clearly in conflict with the Constitution.

Patra said, “In the case of the announced True-Dtac merger, which is being closely observed by every sector, there are concerns about the impacts to consumers. Meanwhile, NBTC, an independent organization under Section 60 of the Constitution, must safeguard the interests of the general public and the nation at large. Instead, it has shown that it has not performed its duties as it ought to have done. It has rather focused on the interests of operators with no clear consideration for consumers. The latest case follows on from NBTC preparing a document for the council of state on 12 May 2022 to consult on its powers to consider approval or disapproval of the merger, of which the board of the Council of State has already replied to NBTC on 27 July 2022 that it could not accept this topic for consideration, as it was a matter which was the subject of litigation in the courts. However, on 25 August, there was another document for the Prime Minister to order the Council of State to consider NBTC’s powers and obligations in the case of the business merger of True and Dtac on a second occasion. This action was in conflict with Section 60 of the Constitution, and would result in debasement of the office of Prime Minister and the risk of actions in violation of the law.”  

“Having another question for the Council of State on this occasion has the intention that NBTC will not perform its duties. As for NBTC’s powers, practically speaking, the Prime Minister has no power to order the Council of State to use an exception clause to consider this matter. This is because this matter is about the specific legal duties and powers of NBTC, the party legally empowered to issue announcements of consultation, which are not announcements of the executive branch. NBTC is not a body affiliated to or regulated by the executive branch. The Prime Minister has powers over the Council of State as an advisor to the executive branch, to issue an opinion of suggestions or advice. Therefore, it is not possible to issue an order to the Council of State for judgement on an exception to regulations. NBTC must judge for itself and decide the issue for itself, just as it has previously interpreted the law and other announcements by itself. Therefore, it can be considered that NBTC is trying to bring in the executive branch to support it legally, without performing its own duties.”

Patra reiterated, “Submitting this letter to the Ombudsman on this occasion is a plea for the Office of the Ombudsman, which is obligated to oversee the work processes of state agencies to be in compliance with the law and regulations, and ensure transparency and good governance of the nation. The Ombudsman is asked to conduct an inspection and consider processes concerning NBTC, subcommittees or NBTC’s own personnel having the opinion to inquire on that issue with the Council of State on the second occasion through the Prime Minister. It is asked to consider whether this is a case of not acting in compliance with the law, or acting outside its legal powers, with the intention to favor telecom operators illicitly. If an investigation finds that it is according to this complaint, they are requested to send the matter to the bodies with the obligations and powers to find blame.”