Thailand: concerns over proposed changes to the law governing assignment of spectrum under the new regulator

[bangkok post] Proposed amendments to a law governing the allocation of radio frequencies could plunge the telecommunications and broadcast industries into chaos, warns an expert.

The House of Representatives must carefully scrutinise the recommended changes to the Frequency Allocation Law before reconsidering approval, said Anuparb Thiralarp, an independent telecommunications expert.

The amendments seek to form a single broadcasting and telecommunications regulator called the National Broadcasting and Telecommunications Commission (NBTC).

Currently, the National Telecommunications Commission (NTC), formed five years ago, regulates the telecommunications industry.

The parliamentary science and communications committee, which proposed the amendments, says a single regulator is needed to effectively manage the convergence of broadcasting and telecommunications technologies.

Existing law mandates that the NTC and the broadcasting regulator jointly manage and allocate new telecommunications and broadcast frequencies.

But no broadcast regulator has been formed despite the law allowing its establishment being passed almost a decade ago.

The NBTC's formation presents a potential risk as it would split its regulatory powers in two, said Mr Anuparb.

The broadcasting committee would exercise its role under the Radio and Television Act 2008, while the telecommunications committee would be bound by the Telecom Business Law.

But having two regulatory bodies guided by different laws would only lead to future disputes and legal complications, he said.

Converged technologies that can share the same network, frequency and equipment, would exacerbate the situation further, he said.

Policing content on new platforms, such as television on mobile phones, presents regulatory problems. In this case, telecommunication technologies are controlled by one law while content is governed by another, he said.

Internet content proscribed under the Computer Crime Law, such as pornography or material that offends the monarchy, highlights the potential pitfalls, said Mr Anuparb.

The ICT Ministry has no legal right to directly shut down websites, which is supposed to be the NTC's job. But the NTC says the law only gives it the power to regulate technology and not content.

If such content was transmitted on mobile phones it could be impossible to regulate because of the blurred legal boundaries over who would be responsible for enforcement, he said.

For that reason, says Mr Anuparb, officials need to redefine the legal context and definition of "content" and "network" so that the NBTC could do its job effectively.

The House first approved the proposed amendments in principle in March. The science and communications committee is now scrutinising the amendments, which are to be re-submitted in late July or early August. Senate approval would be required to make the changes law.

New telecom regulator no sure solution - Convergence trend raises legal issues