Selection panel rules Sarana disqualified as NBTC chairman under telecom law
The NBTC selection committee has unanimously ruled that Clinical Professor Dr Sarana Boonbaichaiyapruck has a prohibited qualification under the frequency allocation law, meaning he is deemed to have waived his right to assume the post.
- The selection committee for the National Broadcasting and Telecommunications Commission (NBTC) unanimously ruled to disqualify its chairman, Dr. Sarana Boonbaichaiyapruck.
- The disqualification is based on a finding that Sarana possessed "prohibited characteristics" under the telecom law, primarily for continuing to practice medicine while serving as a full-time commissioner.
- This ruling, based on a Senate fact-finding report, means Sarana is deemed to have waived his right to the position and has effectively vacated the office.
The selection committee for members of the National Broadcasting and Telecommunications Commission (NBTC) voted unanimously on July 17, 2026, that Clinical Professor Dr Sarana Boonbaichaiyapruck, chairman of the NBTC, has a prohibited qualification under Section 8 (2) of the Frequency Allocation Organisation Act B.E. 2553.
The committee voted 4-0, ruling that Sarana is deemed to have waived his right to assume office as an NBTC commissioner under Section 18 of the same law.
The ruling followed the selection committee’s consideration of a fact-finding report prepared by the Senate Committee on Information Technology, Communications and Telecommunications. The Senate committee concluded that Sarana lacked the required qualifications and had prohibited characteristics under the NBTC law.
The selection committee has been reduced from seven members to five after two members completed their terms, giving each vote greater weight.
The current committee comprises:
- Kiattipong Amatayakul, Supreme Court judge, chairman of the selection committee
- Wisanu Warunyu, Supreme Administrative Court judge, secretary and spokesperson of the committee
- Nopadol Theppitak, Constitutional Court judge
- Yupin Chalanonniwat, former State Audit Commissioner, who did not attend the meeting
- Vitai Ratanakorn, Governor of the Bank of Thailand, serving as an ex-officio member
The Senate committee’s report examined two key issues.
The first concerned Sarana allegedly continuing to practise medicine and treat patients while serving as an NBTC commissioner. This could conflict with Sections 8 and 26, which require NBTC commissioners to work full time and prohibit them from engaging in professions that may create conflicts of interest.
The second concerned his nomination as an independent director of Bangkok Bank. However, as Sarana later notified that he would not accept the position, the issue was not deemed to fall within the scope of prohibited characteristics.
The investigation relied on information from several agencies, including Mahidol University, Ramathibodi Hospital, Praram 9 Hospital, the Bank of Thailand, the Securities and Exchange Commission, the Revenue Department, the NBTC Office, the Office of the Council of State, as well as Sarana’s own explanations.
A key piece of evidence cited in the report was a letter from Mahidol University dated May 17, 2024. The letter stated that Sarana had continued to provide medical treatment to both outpatients and inpatients at Ramathibodi Hospital until April 12, 2022, only one day before the royal command appointing him took effect.
The committee found this inconsistent with the resignation letter he had submitted to the Senate.
The Senate committee also cited Ramathibodi Hospital and Praram 9 Hospital outpatient schedules, as well as Sarana’s own interview in which he acknowledged that he had continued caring for existing patients.
It also referred to information from the Revenue Department and his P.N.D. 90 personal income tax return, which indicated income from practising medicine.
The report further said there was information showing that Sarana had received remuneration from a medical supplies company. This was also considered in assessing whether he had engaged in an independent profession while holding office.
Another issue raised by the Senate committee was that Mahidol University holds a subscription television licence for Rama Channel, which is regulated by the NBTC.
The report said that if Sarana still held the status of Mahidol University employee or executive before entering the selection process, this could fall within the prohibited characteristics under Section 7 B (12) of the Frequency Allocation Organisation Act.
The committee also referred to an NBTC meeting on August 3, 2022, chaired by Sarana, which approved the renewal of Mahidol University’s licence to operate Rama Channel for another two years.
The Senate committee concluded that the evidence, including Mahidol University’s certification letter, patient-treatment records, tax evidence, Sarana’s explanations and Mahidol University’s status as a television licence holder, carried sufficient weight to establish that Sarana lacked the required qualifications and had prohibited characteristics under Section 7 B (12), Section 8 and Section 26, in conjunction with Sections 18 and 20 of the Frequency Allocation Organisation Act.
Although the previous NBTC selection committee had earlier ruled that Sarana did not have prohibited characteristics, the Senate committee noted that interested parties could still exercise their rights to appeal or bring proceedings before the Administrative Court under legal procedures.
The latest resolution was then used by the NBTC selection committee in its consideration. The committee unanimously ruled that Sarana has prohibited characteristics under the law, meaning he is deemed to have waived his right to assume office as an NBTC commissioner before appointment under Section 18 of the Frequency Allocation Organisation Act.
The decision marks a major turning point for Thailand’s spectrum and communications regulator.
The next step is for the selection committee to formally notify the NBTC board.
The Senate Secretariat has also confirmed that, if the resolution proceeds in line with this ruling, the NBTC chairman is considered to have vacated office without having to go through an impeachment process.
