Ten questions the NBTC still needs to answer

Ten questions the NBTC still needs to answer

The National Broadcasting Telecommunications Commission's (NBTC) conduct over the use of the 1800 MHz spectrum has left many observers, including me, in disbelief.

First, the telecommunications committee of the NBTC (hereafter the "committee") agreed to extend the use of the 1800 MHz frequency spectrum for True Move and DPC for another year, in effect extending the concessions of the two operators, without subjecting them to a competitive auction.

Second, the committee has also filed defamation cases against Duenden Nikomborirak, the TDRI's research director, and Nattha Komolvadhin, ThaiPBS's anchor, when they dared to comment on the committee's decision.

Although the committee has the right to file a defamation case, its decision has raised calls for the NBTC to be more accountable and answerable to the public.

During a press conference held earlier this month, I put forward 10 questions about the matter which I believe the committee should answer.

Subsequently, the NBTC published a long-winded explanation on its website which it has given before. These explanations did not address my concerns in a straightforward manner.

One comment said "the 10 questions raised are old issues which present only one-sided information" and "if the committee answers those 10 questions, the public will be even more confused".

The NBTC has also accused me of "trying to distract from the real issue".

I was taken by surprise by the response from the NBTC's office because it signals that even posing questions to this public body is no longer acceptable and should not be done under any circumstances.

The dispute over the 1800 MHz spectrum concessions is an important public issue. Many observers _ not just myself and the TDRI's other researchers _ have questioned the legality and appropriateness of the decision.

Many legal experts, academics, members of the media and various civil society groups have expressed the view through social media that they, too, disagree with the decision.

In my opinion, the NBTC office and the committee _ which are funded by public money and remunerated by telecom consumers' money _ should address the issue rather than blame others for their lack of effective management.

Once again, I am reposting my 10 questions which I believe the committee should answer, clearly and honestly, before they decide to sue anyone with a different opinion:

1.Since taking office in October 2011, have you not been aware that the concession contracts for True Move and DPC were due to expire in September 2013?

2.Have you forgotten that the master plan for NBTC's frequency allocation, that you took part in drafting in April 2012, states the frequency must be returned when the concession contract expires?

3.Are you not aware the NBTC Act prohibits the renewal of concession contracts and only allows frequency allocations through a competitive auction process?

4.Are you not aware that the NBTC's legal advisory sub-committee has given its opinion about a similar case (the case concerning 800 MHz) that concession contracts cannot be extended or renewed, and that many academics have offered a similar opinion?

5.Did you seek legal opinions from external parties such as the Council of State or even the NBTC's own legal advisory sub-committee before extending the concession contracts? Or did you use your own judgement before taking this step?

6.Did you inform customers of True Move and DPC well in advance (soon after the announcement of the master plan) that the concession contracts would expire?

7.Did you prevent True Move and DPC in advance from offering their services beyond the expiry date of the concession contracts, which would ultimately cause complicated outcomes if they were to go ahead?

8.Did you prepare customers for mass number portability so they are not trapped in expiring concession contracts?

9.Did you engage a consultant to evaluate the price of the frequency spectrum and design the auction process for the 1800 MHz spectrum, before claiming there was not enough time to conduct an auction?

10.Do you really think the 420 days, from the announcement of the master plan to the day the committee agreed to extend the concession contracts, was "insufficient" time to address this matter?

I sincerely hope the committee will address the questions as directly and honestly as possible.

Once again, it would be worth stressing that as a public organisation, the NBTC should not hesitate to answer questions from the public. It is the first sign that an organisation is ready to be accountable and answerable to one and all.


Somkiat Tangkitvanich, PhD, is president of the Thailand Development Research Institute. Policy analyses from the TDRI appear in the Bangkok Post on alternate Wednesdays.

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