Ruling today on NEWS' share buy-up

Supinya Klangnarong, a member of the broadcasting committee of the National Broadcasting and Telecommunications Commission (NBTC), said yesterday her committee would abide by the recent order by the NBTC to review the committee’s March 30 decision on that case involving NEWS, formerly known as Solution Corner (1998).
The order stems from Supinya’s appeal of that decision, which she disagreed with, to the NBTC.
All 10 commissioners followed their legal committee’s opinion that, under Article 27(17) of the Frequency Allocation Act, the authority to determine whether mergers or acquisitions could result in domination of the broadcasting business to the detriment of people’s freedom to access news and information lies with the NBTC.
After the broadcasting panel’s decision in March, NMG petitioned the Administrative Court to strike down the decision on the grounds that 3 members of the committee were negligent in deciding NEWS’ holding in NMG was legitimate.
The three members were Natee Sukonrat, chairman of the committee, Taweesak Ngamsanga and Peerapong Manakit.
They were accused of violating Articles 31 and 32 of the Broadcasting Business Act of 2008 and the criteria used for selecting stockholders and stakeholders before and after digital TV bidding.
They allegedly failed to enforce the law, leading to the danger of media domination, and also to ensure free and fair competition.
Under rules governing the auction of digital TV licences, a major shareholder was not allowed to hold more than 10 per cent of other companies in the same licence category.
“Major shareholder” was not only defined as the person or juristic person allowed to have ownership of up to 10 per cent of the company, but also mutual beneficiaries. NEWS wholly owns Spring News, a digital TV station.