Analyst: Telecom schism stalls agenda

The government should wield its legal power to rescue the National Broadcasting and Telecommunications Commission (NBTC) from an alleged lack of unity among commissioners, which is stalling some critical national digital agendas, says a telecom and regulatory law analyst who requested anonymity.

The analyst cited Section 74 of the NBTC Act, which states that the government has the power to ensure the regulator's management of national resources, including frequencies, remains consistent with cabinet policies.

Moreover, the Digital Economy Act empowers the Office of the National Board of Digital Economy and Society, chaired by the prime minister, to summon the NBTC to receive direct policy instructions.

"Despite its status as an independent regulator, the NBTC is legally bound to align its operations with state policy for the public interest," the source said.

He said government intervention would ensure the regulator functions as a driver of the government's digital economy goals.

The NBTC board unanimously approved in principle the draft of the third Digital TV master plan recently, which was awaiting consideration for two years.

Qualification quagmire

Currently, the NBTC board has been plagued by a lack of unity, characterised by a web of lawsuits involving commissioners, including the chairman Dr Sarana Boonbaichaiyapruck.

This conflict has resulted in significant delays in broadcasting and telecommunications policy management over the past four years.

Commission leadership has been treading water after Gen Anantaporn Kanjanarat, former chairman of the Senate Committee on Information Communication Technology and Telecommunications (ICT), testified to the NBTC selection committee against Dr Sarana's qualifications.

On June 19, Gen Anantaporn and eight former members of the Senate ICT committee submitted a comprehensive fact-finding report about Dr Sarana's qualifications to the NBTC selection committee.

According to this report, Dr Sarana allegedly lacks qualifications under Section 7 (b)(12) and Section 20 (4) of the law.

These provisions prohibit any individual who has served as a director, executive or consultant for a broadcasting or telecom entity within one year prior to their selection as NBTC commissioner from holding a seat on the commission.

A probe revealed that Ramathibodi Hospital at Mahidol University, where Dr Sarana previously held an executive post, holds an NBTC licence to operate the "Rama Channel" TV station.

Other allegations involve articles 8 and 18 of the law. Article 8 states commissioners must not be state officials, employees of state agencies or state enterprises, nor directors or advisers of state enterprises or state agencies.

Furthermore, the report alleged Dr Sarana violated Section 26, which mandates that commissioners serve on a full-time basis. Investigations determined after his appointment to the NBTC post, Dr Sarana allegedly maintains an active medical practice at state and private hospitals.

However, there is documentation confirming Dr Sarana resigned from his academic and medical roles at Mahidol University prior to taking NBTC office.

The analyst said any remaining disputes concerning Dr Sarana should be judged by the Administrative Court, rather than being used as a tool for political pressure.

The analyst said the NBTC chairman's appointment underwent a rigorous vetting process by a Senate-appointed selection committee. If there were genuine flaws in the vetting process, the responsibility should also lie with the Senate.

The analyst is concerned if Dr Sarana faces scrutiny for his qualifications, in the future someone might raise similar questions about the qualifications of commissioners AM Thanapant Raicharoen and Pirongrong Ramasoota.

Prior to his current post, AM Thanapant was NBTC deputy secretary-general, and the NBTC has its own radio channel.

Mrs Pirongrong was a lecturer at the Faculty of Communication Arts at Chulalongkorn University, which also has its own radio channel.

Time for Intervention

As national interests are at stake, the analyst said the government should take a more hands-on approach.

He said intervention is vital to fast-track essential projects such as artificial intelligence development, space economy development, the transition to 6G and the expansion of cloud and data centre schemes.

He said the prime minister should announce in parliament additional government policies to solve NBTC problems by citing the NBTC's internal limitations and lack of cohesion as a risk to national progress, allowing the government to leverage related laws to impose a clear operational framework for the regulator.

"Without such intervention, the NBTC risks becoming a bottleneck for the country's technological future," he said.