The Fundamental Acts Relating to

Telecommunications and Broadcasting Services

(UNOFFICIAL TRANSLATION)
 1-105

107-173

175-182

183-255

257-272
 UNOFFICIAL TRANSLATION

ACT ON ORGANIZATION TO ASSIGN

RADIO FREQUENCY AND
TO REGULATE THE BROADCASTING
AND
TELECOMMUNICATIONS SERVICES
B.E. 2553 (2010)

NBTC Thailand 1
 UNOFFICIAL TRANSLATION

ACT ON ORGANIZATION TO ASSIGN

RADIO FREQUENCY AND
TO REGULATE THE BROADCASTING
AND
TELECOMMUNICATIONS SERVICES
B.E. 2553 (2010)
----------------
BHUMIBOL ADULYADEJ, REX;
Given on the 17th Day of December B.E.2553;
Being the 65th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is

graciously pleased to proclaim that:
Whereas it is expedient to amend the Act on the
Organizations to Assign Radiofrequency Spectrum
and to Regulate the Broadcasting, Television
Broadcasting and Telecommunication Services;
This Act contains certain provisions in relation
to the restriction of rights and liberties of persons, in
respect of which Section 29 together with Section 35,

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Section 36, Section 41, Section 43, Section 45,
Section 46 Section 47, Section 61 and Section 64 of
the Constitution of the Kingdom of Thailand so
permit by virtue provisions of law;
Be it, therefore, enacted by the King, by and
with the advice and consent of the National Assembly,
as follows;

Section 1 This Act is called the “Act on

Organization to Assign Radio Frequency and to
Regulate the Broadcasting and Telecommunications
Services B.E. 2553 (2010).”

Section 2 This Act shall come into force as

from the day following the date of its publication in
the Government Gazette.

Section 3 The Act on the Organizations to

Assign Radio-frequency Spectrum and to Regulate the
Broadcasting, Television Broadcasting and
Telecommunication Services B.E. 2543 (2000) shall
be repealed.

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 Section 4 In this Act:
“Radio Frequency” means radio waves or
hertzian waves which are electromagnetic waves of
frequencies lower than 3,000,000 megahertz that are
propagated in space without artificial guide;
“Telecommunications” means the emission,
transmission or reception of signs, signals, writing,
digits, images, sounds, codes or intelligence of any
nature by radio frequency, wire, optical,
electromagnetic system, or by other system;
“Radiocommunication” means the emission,
transmission or reception of signs, signals, writing,
digits, images, sounds, codes or intelligence of any
nature by means of hertzian waves ;
“Sound Transmission” means
radiocommunication emitting or transmitting sounds
for direct reception by the public;
“Television Transmission” means
radiocommunication transmitting sounds and visual
images for direct reception by the public;
“Sound Broadcasting Service” means a
service which provide public news services or
programs for reception by means of receiving
apparatus, either by means of radio frequency, wire,
optical, electromagnetic, or any other system, or a
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combination thereof, or other similar services
prescribed by the NBTC as sound broadcasting
services;
“Television Broadcasting Service” means a
service which provide public news services or
programs for viewing and listening by means of
receiving apparatus, either by means of radio
frequency, wire, optical, electromagnetic , or any
other system, or a combination thereof, or other
similar services prescribed by the NBTC as television
broadcasting services;
“Radiocommunication Service” means a
service for the reception and emission of signs,
signals, writing, digits, images, sounds, codes or
intelligence of any nature by means of hertzian waves
intended for special telecommunications affairs or ad-
hoc purpose which is not the telecommunications
business under the law on telecommunications
business, or sound or television broadcasting services
under the law on broadcasting business;
“Telecommunications Service” means a
service which provides the emission, transmission or
reception of signs, signals, writing, digits, images,
sounds, codes or intelligence of any nature by means
of hertzian, wire, optical, electromagnetic, or any

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other system, or a combination thereof, and shall
include the communication satellite service or other
business prescribed as telecommunications services
by the NBTC but not including sound broadcasting,
television broadcasting, and radiocommunication
services;
“Table of Frequency Allocations” means the
allocation of a given frequency band of the sound
broadcasting, television broadcasting,
radiocommunication, telecommunications services or
other purpose under conditions specified by the
NBTC;
“Frequency Plan” means the allotment of
radio frequency channel for the sound broadcasting,
television broadcasting, radiocommunication, and
telecommunications services for the use under
conditions required by the NBTC;
“Frequency Assignment” means an
authorization given for radio stations, television
stations or radiocommunication stations to use radio
frequencies or radio channels as specified in the Table
of Frequency Allocations or Radio Frequency Plan for
the use under conditions required by the NBTC;
“Community” means a group of people living
in a common location, either in urban or rural areas,

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and shall include group of people that is organized
around common interest within a shared geographical
location, or linked via communication. The group is
attributed with social and cultural cohesion,
collaborating continuously in lawful and moral
activities under proper management and with the
intent expressed on behalf of the group.
“Fund” means the Broadcasting and
Telecommunications Research and Development
Fund for the Public Interest;
“Commissioner” means a commissioner(s) of
the National Broadcasting and Telecommunications
Commission;
“Officer” means a person appointed by the
National Broadcasting and Telecommunications
Commission to perform duties under this Act.
Section 5 The Prime Minister shall have
charge and control of the execution of this Act.

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 CHAPTER I
National Broadcasting and Telecommunications
Commission

Part 1
Components, Qualifications and Prohibitions of
the Commissioners

Section 6 There shall be a National

Broadcasting and Telecommunications Commission
called the “NBTC” in short, consisting of eleven
commissioners as follows:
(1) one expert in sound broadcasting
services, and another in television broadcasting
services;
(2) two experts in telecommunications
services;
(3) two legal experts, two economists
beneficial to regulate the broadcasting and
telecommunications services;
(4) one expert in consumer protection or
people’s right and promotion of freedom of people
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which will be beneficial to regulate broadcasting
services, and another expert beneficial to regulate
telecommunications services;
(5) one expert in education, culture, or social
development which will be beneficial to regulate
broadcasting and telecommunications services.
The Secretary-General of the Office of NBTC
shall be secretary of the NBTC.

Section 7 The commissioner shall have the

qualifications and shall not be under any of the
prohibitions as follows:
A. General qualifications
(1) being of Thai nationality by birth;
(2) being of not less than thirty-five
years of age, but not more than seventy years of age;
B. Prohibitions
(1) not being a person holding a
political position;
(2) not being a holder of any position
of a political party;
(3) not being of unsound mind or of
mental infirmity;
(4) not being addicted to drugs;

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 (5) not being a bankrupt or having
been a bankrupt on the grounds of corruption;
(6) not having been sentenced by a
judgment to imprisonment and being detained by a
warrant of the Court;
(7) not having been sentenced by a
final judgment except for an offense committed
through negligence, a petty offense or defamation;
(8) not having been expelled,
dismissed or removed from official service, state
agency or state enterprise or private agency on the
grounds of dishonest performance of duties or gross
misbehavior or deemed as having committed
dishonest act or malfeasant in the official service;
(9) not having been ordered by a
judgment or an order of the Court that his or her assets
shall vest in the state on the grounds of unusual
wealth or unusual increase of assets;
(10) not being a judge of the
Constitutional Court, Election Commissioner,
Ombudsman, member of the National Anti-corruption
Commission, member of the State Audit Commission
or member of the National Human Rights
Commission;
(11) not having been removed from
office by the resolution of the Senate;
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 (12) not being or having been in the
past a member of the Board of Directors, executive
officer, advisor, employee, shareholder or partner in a
company or partnership or any other juristic person
carrying out broadcasting or telecommunications
business for the period of one year before having been
nominated under Section 10 or before having been
selected under Section 15;
(13) not being under the prohibition
from holding a political position.

Section 8 The commissioner shall not

(1) be a government official holding a
permanent position or receiving salaries;
(2) be an official or employee of a state
agency, state enterprise, or local administration, or be
a member of the board or counsel of a state enterprise
or state agency;
(3) engage in any other independent
occupation or profession having a stake or conflict of
interest either directly or indirectly in carrying out the
duties of the member.

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 Part 2
Acquisition of NBTC Commissioner
Candidates
by Means of Nomination

Section 9 For the benefit of nominating

suitable persons to be selected as a Commissioner
under Part 4, the following associations, institutes or
bodies shall be eligible to registration with the
Secretariat of the Senate:
(1) a professional association of broadcasting
which has been registered as a juristic person for not
less than five years;
(2) a professional association of
telecommunications business which has been
registered as a juristic person for not less than five
years;
(3) tertiary educational institute which is a
juristic person and offers degree courses in mass
communications, journalism or mass media for not
less than five years;
(4) tertiary educational institute which is a
juristic person and offers degree courses in
telecommunications for not less than five years;

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 (5) tertiary educational institute which is a
juristic person and offers degree courses in law for not
less than five years;
(6) tertiary educational institute which is a
juristic person and offers degree courses in economics
for not less than five years;
(7) non-governmental organization not
operating for profits or shared income which has the
main objective being to protect consumers’ rights or
promote rights and freedom of people, and has been
registered as a juristic person for not less than five
years;
(8) non-governmental organization not
operating for profits or shared income which has the
main objectives relating to education, culture or social
development, and has been registered as a juristic
person for not less than five years;
The professional associations under paragraph
one must have main objectives related with the
professions whose members are professionals in
broadcasting or telecommunications services.
Associations or bodies eligible for registration
under (1) (2) (7) and (8) shall be the associations or
bodies that carry out continued activities with
apparent work records. If any association or body

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having several main objectives, only one category of
that association or body according to (1) (2) (7) or (8)
may be registered.
When the Secretariat of the Senate has
registered any association, institute or body according
to paragraph one, it shall be deemed complete. Court
ruling thereafter that the registration is void shall not
jeopardize the act taken by the Secretariat of the
Senate prior to that Court ruling.
Any association, institute or body having been
objected to registration according to paragraph one
shall have the right to file a case with the
Administrative Court, but such proceeding shall not
be deemed as the cause for a suspension or
postponement of nomination or selection under this
Act.
The registration of associations, institutes or
bodies according to paragraph one shall be in
accordance with the criteria, procedures and
conditions prescribed by the Secretary-General of the
Secretariat of the Senate.
The Secretariat of the Senate shall announce the
name list of the registered associations, institutes or
bodies to the public. The list shall be in effect until

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further correction as may be prescribed by the
Secretary-General of the Secretariat of the Senate.

Section 10 When the cause of selection and

appointment has occurred, the Secretariat of the
Senate shall announce through radio, television,
newspapers and electronic media for at least seven
consecutive days. The associations, institutes or
bodies registered under Section 9 wishing to nominate
a suitable person as NBTC Commissioner candidate
shall submit the name together with his consent letter
within time prescribed by the Secretary-General of the
Secretariat of the Senate in accordance with the
following criteria:
(1) each professional association under
paragraph 9 (1) and tertiary educational institute under
paragraph 9 (3) is entitled to nominating two persons
according to Section 6 (1);
(2) each professional association under
paragraph 9 (2) and tertiary educational institute under
paragraph 9 (4) is entitled to nominating two persons
according to Section 6 (2);
(3) Each tertiary educational institute under
paragraph 9 (5) is entitled to nominating two persons
having apparent work records or knowledge and

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expertise or experience in the field of legal matters
according to Section 6 (3);
(4) each tertiary educational institute under
paragraph 9 (6) is entitled to nominating two persons
having apparent work records or knowledge and
expertise or experience in the field of economics
according to Section 6 (3);
(5) each non-governmental organization
under paragraph 9 (7) is entitled to nominating two
persons according to Section 6 (4);
(6) each non-governmental organization
under paragraph 9 (8) is entitled to nominating two
persons according to Section 6 (5).
Any association, institute or body registered
under Section 9 not nominating any candidate
according to paragraph one for whatever reasons shall
not jeopardize the selection process being carried out.

Section 11 When the time prescribed under

Section 10 has elapsed, the Secretariat of the Senate
shall examine qualifications of the nominees to verify
compliance with Section 7 and Section 10. In the case
where any of the nominee lacks proper qualifications
in accordance with Section 7 or Section 10, the
Secretariat shall inform respective associations,

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institutes or bodies to nominate other candidate within
a specified period of time by the Secretary-General of
the Secretariat of the Senate. If the associations,
institutes or bodies fail to nominate a candidate when
the specified time has elapsed, it shall be deemed that
they disclaim the right to make such nomination.
When the nomination period according to
paragraph one or Section 10 as the case may be has
elapsed, and if any nominee was deceased, or revoked
his consent to the nomination, or disqualified for
whatever reasons, the Secretariat of the Senate shall
proceed without needing to obtain any other
nomination.

Section 12 When the nomination period has

elapsed and if the number of nominees is less than
twice the number as specified by category under
Section 13 (1) (2) (3) (4) and (5), the Secretary-
General of the Secretariat of the Senate shall extend
the nomination period for not more than thirty days as
from the due date specified in Section 10.
When the extension period under paragraph one
has elapsed, and the number of nominees is still less
than the number specified in paragraph one, the
Permanent Secretary of the Office of the Prime

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Minister, the Permanent Secretary of the Ministry of
Defense and the Permanent Secretary of the Ministry
of Information and Communications Technology shall
collaboratively nominate suitable persons to be
selected as Commissioners who have the
qualifications and not be under any of the prohibitions
according to Section 6 and Section 7 to fulfill the
number for each category as specified in paragraph
one.

Section 13 When the nomination period under

Section 10, section 11 or Section 12 as the case may
be has elapsed, the Secretariat of the Senate shall
arrange a meeting of all nominees in order to elect
among themselves in accordance with the following
procedures:
(1) nominees under Section 10 (1) from
professional associations under Section 9 (1) shall
elect two among themselves to be the NBTC
Commissioners under Section 6 (1), one each in sound
broadcasting service and television broadcasting
service; and nominees under Section 10 (1) from
institutes under Section 9 (3) shall elect two among
themselves to be the NBTC Commissioners under

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Section 6 (1), one each in sound broadcasting service
and television broadcasting service;
(2) nominees under Section 10 (2) from
professional associations under Section 9 (2) shall
elect two among themselves to be the NBTC
Commissioners under Section 6 (2); and nominees
under Section 10 (2) from institutes under Section 9
(4) shall elect two among themselves to be the NBTC
members under Section 6 (2);
(3) nominees under Section 10 (3) and
Section 10 (4) shall separately elect eight among
themselves to be the NBTC Commissioners under
Section 6 (3), four each in the field of law and
economics;
(4) nominees under Section 10 (5) shall elect
four among themselves to be the NBTC
Commissioners under Section 6 four of which two to
regulate broadcasting service and two to regulate
telecommunications service ;
(5) nominees under Section 10 (6) shall elect
two among themselves to be the NBTC
Commissioners under Section 6 (5).
The voting shall be in accordance with the
criteria and procedures prescribed by the Secretary-
General of the Secretariat of the Senate. The persons

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obtained highest votes ranked in order of scores shall
be selected.
Upon the selection of persons according to
paragraph one and paragraph two, the selected
persons under (1) (2) (3) (4) and (5) shall be deemed
as qualified persons in accordance with Section (6) (1)
(2) (3) (4) and (5) and the decision shall be final. The
selection shall be completed in a period not exceeding
ninety days as from the date of announcement made to
the registered associations, institutes or bodies to
make their nomination of suitable persons to be
selected as Commissioners.

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 Part 3
Acquisition of the List of NBTC
Commissioners
by Means of Selection

Section 14 When the cause of selection and

appointment of the NBTC Commissioners has
occurred, there shall be a Scrutinizing Committee
having duty to select qualified persons to be appointed
as the Commissioners. The Scrutinizing
Committee consists of fifteen members as follows:
(1) The Chairman of the National Human
Rights Commission;
(2) The Chairman of the National Economic
and Social Advisory Council;
(3) The Permanent Secretary of the Office of
the Prime Minister;
(4) The Permanent Secretary of the Ministry
of Defense;
(5) The Permanent Secretary of the Ministry
of Information and Communications Technology;
(6) Director of Thailand National Electronics
and Computer Technology;
(7) The President of Council of Engineers;

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 (8) The Chairman of the Council of Disabled
People of Thailand;
(9) The Chairman of the Communication
Arts Association of Thailand;
(10) The Chairman of the Confederation of
Radio and Television Profession Associations;
(11) The Chairman of the Coordinating
Committee of the Non Governmental Organizations;
(12) The Chairman of Broad of Directors, the
Thai Institute of Directors Association;
(13) The Chairman of the Thai Broadcast
Journalists Association;
(14) The Chairman of the National Federation
of Community;
(15) The Chairman of the Confederation of
Consumer Protection Organizations.
The Chairman and members of the Scrutinizing
Committee shall not be eligible for application as a
Committee of the NBTC, and the organizations under
paragraph one shall not be eligible for a registration in
order to make a nomination under Part 2.
The members of the Scrutinizing Committee
shall elect one among themselves to be Chairman and
the other one to be secretary of the Scrutinizing
Committee.

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 If it is unable to have the entire members of the
Scrutinizing Panel or if any member thereof is unable
to perform his duty, the Scrutinizing Committee not
less than half of the total members shall consist of its
remaining members.
The Secretariat of the Senate shall be secretariat
unit for the selection and appointment of the
members.

Section 15 In the scrutinizing process under

this Part, the Secretariat of the Senate shall make open
announcement for application of qualified persons
according to Section 6 through radio, television,
newspapers and electronic media for at least
consecutive thirty days.
A person eligible for application to be selected
for appointment as Commissioners shall not be the
person being nominated by the associations or bodies
under Section 10.
When the period specified according to
paragraph one has elapsed, the Scrutinizing
Committee shall select the persons suitable for
appointment as Commissioners in the double number
of the members according to Section 6 (1) (2) (3) (4)
and (5).
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 The criteria and procedures for selection shall
be prescribed by the Secretary-General of the
Secretariat of the Senate. The persons obtained
highest votes ranked in order of scores shall be
selected.
The provision of Section 13 paragraph three
shall apply mutatis mutandis to the selection of
suitable persons for the committee of the Scrutinizing
Committee.
Any person damaged from the scrutiny may file
his case with the Administrative Court, but this shall
not cause a suspension or postponement of any
procedures carried out except as otherwise ruled or
ordered by the Administrative Court. In the case
where the Administrative Court has ruled or ordered
that the selected person is unqualified and is under
any of the prohibitions or is selected unlawfully, that
person shall be removed from office from the date the
Administrative Court has the ruling or order.

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 Part 4
Selection and Appointment of
Commissioners

Section 16 Upon receiving the name list of

persons suitable for appointment as NBTC
Commissioners by means of nomination according to
Part 2, and by means of selection according to Part 3,
the Secretary-General of the Senate shall compile the
said name list into one. If the number of suitable
persons for appointment as Commissioners is not less
than twice the number of members as specified in
Section 6 (1) (2) (3) (4) and (5), the name list together
with the said persons’ bio-data and work records,
which must be clearly stated together with evidences
declaring that they are qualified in accordance with
Section 6, shall be submitted to the President of the
Senate within thirty days as from the date of obtaining
the name lists according to Section 13 and Section 15
for further consideration and resolution of the Senate.
In the case where the process of nomination
according to Part 2, or selection according to Part 3 is
not complete by due date specified in Section 13
paragraph three, the Secretary-General of the
Secretariat of the Senate shall submit the name list of
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suitable persons for appointment as Commissioners
obtained by due date together with the said persons’
bio-data and work records, which must be clearly
stated together with evidences declaring that they are
qualified in accordance with Section 6, to the
President of the Senate within thirty days as from the
date that has elapsed according to Section 13 and
Section 15 for further consideration and resolution of
the Senate.

Section 17 The Senate shall pass a resolution

selecting the nominated persons from the name list
submitted by the Secretary-General of the Secretariat
of the Senate within sixty days as from the date
receiving the name list for appointment as
Commissioners under Section 6. For this purpose, the
persons who receive the highest votes in respective
order shall be selected as Commissioners. The voting
shall be conducted by secret ballot. The selected
persons shall be notified accordingly.
When the time specified under paragraph one
has elapsed, if the number of selected Commissioners
is less than the number specified in Section 6, the
President of the Senate shall notify the Prime
Minister. The Prime Minister shall thereby submit the

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name list to the Council of Ministers for consideration
and action in order to obtain a complete number of the
Commissioners in accordance with Section 6 within
thirty days as from the date of notifying the Prime
Minister. The persons selected as Commissioners
under paragraph one or paragraph two as the case may
be shall meet and elect one Chairman and two Vice
Chairman within fifteen days as from the day of
obtaining complete number of persons selected as
Commissioners, the result of which shall be reported
to the Prime Minister. The Prime Minister shall
thereby propose the names to the King for a Royal
Command appointing the said positions.

Section 18 In the case the selected person

under section 17 is under any of the prohibition
according to Section 8 (1) (2) or (3), the King will
appoint, with the advice of the Prime Minister, only
when that person has resigned from the position
according to Section 8 (1) or (2), or has adduced
evidence to the satisfaction that his engagement in the
occupation or profession according to Section 8 (3)
has ceased to exist. This shall be done within fifteen
days as from the date of being selected. If that person
has not resigned or ceased to engage in the occupation

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or profession within the specified time, it shall be
deemed that that person has never been selected as
Commissioners and the Senate shall select another
member from the name list submitted by the
Secretary-General of the Secretariat of the Senate
according to Section 16.

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 Part 5
Term and Vacation of Office

Section 19 The Commissioners shall hold

office for a term of six years as from the date of being
appointed by the King and shall serve for only one
term.
Commissioners who vacate office at the
expiration of term shall remain in office to continue to
perform their duties until the King issues a Royal
Command appointing new Commissioners.
Before an expiration of term for a period not
less than ninety days, the Secretariat of the Senate
shall arrange for nomination process and appointment
of new Commissioners without delay.

Section 20 In addition to the vacation of

office at the expiration of the term, Commissioners
vacate office upon:
(1) death;
(2) having attained the age of seventy years;
(3) resignation;
(4) being disqualified or being under any of
the prohibition under section 7;
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 (5) violation of Section 8;
(6) being expelled by a resolution of the
Senate under Section 21;
(7) being removed by a resolution of the
Senate under the Organic Act on Counter Corruption;
The vacation of office under (1) (2) or (3) shall
be brought to the King for His acknowledgment. If the
vacation of office is under (4) (5) (6) or (7), the matter
shall be proposed to the King for Royal Command
removing the Commissioner from office. The said
Royal Command shall take effect from the date the
person has been disqualified, or has been under any of
the prohibition, or the date of conducting violating
act, or the date the Senate has the resolution for the
person to vacate office, or the date he was removed as
the case may be.
If there is the cause under paragraph one, the
remaining Commissioners may continue to perform
duties and it shall be deemed that the NBTC consists
of the existing Commissioners but not less than six
persons.
In the case where a Commissioner vacates
office before completing his term, the person
appointed in his replacement shall remain in office for
the unexpired term of office of the person he replaces.

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In the case where the remaining term is less than three
years, he is eligible for an appointment for one more
term.
In the case where the Chairman or Vice
Chairman vacates office upon the cause under
paragraph one, the Commissioners of the NBTC shall
elect one among themselves to be the Chairman or
Vice Chairman and inform the Prime Minister for his
acknowledgment upon which the Prime Minister will
propose the name to the King for appointing that
person as the Chairman or Vice Chairman as the case
may be.

Section 21 Members of the House of

Representatives or the Senate of not less than one-
fourth of the total number of the existing members of
each House have the right to lodge with the President
of the Senate in order to request that the Senate pass a
resolution removing a Commissioners from office due
to gross misbehavior or gross negligence in the
performance of duty. The resolution of the Senate
under paragraph one shall be passed by votes of not
less than three-fourths of the total number of the
existing members of the Senate.

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 Section 22 There occurs any event that the
NBTC fails to perform their duties efficiently as
stipulated by law, the following persons shall have the
right to lodge with the President of the Senate in order
to request that the Senate pass a resolution removing
all NBTC Commissioners from office:
(1) members of the House of Representatives
of not less than one-fourth of the total number of the
existing members of the House;
(2) members of the Senate of not less than
one-fourth of the total number of the existing
members of the Senate;
(3) not less than 20,000 people who are
service users affected by the act according to
paragraph one. The complaint must be lodged with the
President of the Senate in accordance with the criteria
specified by the President of the Senate.
A resolution of the Senate under paragraph one
shall be passed by votes of not less than two-thirds of
the total number of the existing members of the
Senate. In making the resolution, the Report of the
Monitoring and Evaluation Committee submitted to
the Senate in accordance with Section 72 must be
taken into consideration.

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 In the case where all the Commissioners vacate
office upon the cause under paragraph one, the
vacating Commission shall remain in office only as
necessary until the new Commissioners take office.

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 Part 6
Meetings, Powers and Duties of the Commission

Section 23 The conduct of meetings, making

resolutions and performing duties of the NBTC shall
be in accordance with the rules and regulations
prescribed by the NBTC.
Any Commissioner having interest in the matter
under consideration shall not have right to attend the
meeting.
In performing its duties, the NBTC may appoint
one or more than one Commissioner to act on its
behalf. The NBTC may not deny any liability on
grounds that the Commissioners have been entrusted
to perform such duties.

Section 24 The conduct of duties of the

NBTC, BC and TC in matters relating to or having
impacts on public interest shall be undertaken by the
resolution of the meeting. The minutes of the meeting
and results of the decisions made individually and as a
group shall be disclosed to the public through
electronic media of the Office of the NBTC and any
other appropriate mean as prescribed by the NBTC.
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 Any information contained in the minutes of
the meeting which is not subject to disclosure
according to the Official Information Act, the NBTC
may pass a resolution that that particular information
shall not be released.
Disclosure of the minutes of the meeting and
results of the decisions under paragraph one shall be
done within thirty days as from the date of passing the
resolution, but may be extended for not more than
fifteen days in necessary case. In this regard, the
reasons and justifications for the extension must be
given.

Section 25 Commissioner(s) shall be deemed

as person holding a high-ranking position under the
Organic Act on Counter Corruption and shall be a
competent official under the Penal Code.

Section 26 The Chairman, Vice Chairman and

other Commissioners shall perform full time work.
The Chairman, Vice Chairman and other
Commissioners shall receive remunerations on a
monthly basis as specified in the Royal Decree.
The Chairman, Vice Chairman and other
Commissioners may disburse for travel allowances
NBTC Thailand 35
incurred from performing their duties in other areas
not exceeding the rates specified in the Royal Decree.

Section 27 The NBTC shall have the powers

and duties as follows:
(1) to formulate a Frequency Management
Master Plan, Table of Frequency Allocations ,
Broadcasting Master Plan, Telecommunications
Master Plan, Frequency Plan, and
Telecommunications Numbering Plan;
(2) to assign radio frequencies for the
undertaking of sound broadcasting, television
broadcasting, radiocommunication, and
telecommunication services;
(3) to prescribe characteristics and categories
of sound broadcasting, television broadcasting, and
telecommunications services;
(4) to license and regulate the use of radio
frequencies and radiocommunication equipments in
the undertaking of sound broadcasting, television
broadcasting and telecommunications services, or
radiocommunication service; and prescribe licensing
criteria and procedures, conditions, or licensing fees;

NBTC Thailand 36
 (5) to prescribe criteria for efficient use of
radio frequency without causing interference to the
same type of business and other type of business;
(6) to license and regulate the operations of
sound broadcasting, television broadcasting and
telecommunications services to allow service users to
have choices of services with quality, efficiency,
timeliness, reliability and fairness; and prescribe
licensing criteria and procedures, conditions, or
licensing fees;
(7) to license and regulate the use of
telecommunications numbers; and prescribe licensing
criteria and procedures, conditions, or licensing fees;
(8) to prescribe criteria and procedures for
interconnection, and criteria and procedures for
setting access charges or interconnection charges to be
applied to the undertaking of sound broadcasting,
television broadcasting and telecommunications
services, both for the same type of business and other
type of business, which shall be fair to service users,
service providers and investors, or between the
telecommunications service providers with due regard
to public interest;
(9) to set tariff structure and price structure
for sound broadcasting, television broadcasting and
telecommunications services which shall be fair to
NBTC Thailand 37
service users and service providers with due regard to
public interest;
(10) to set standards and required technical
specifications for sound broadcasting, television
broadcasting, telecommunications and
radiocommunication services;
(11) to prescribe measure for the prevention
of anti-competitive conduct or unfair competition in
sound broadcasting, television broadcasting and
telecommunications services;
(12) to prescribe measure for the provisions of
telecommunications services universally and equally
in accordance with Section 50;
(13) to protect right and liberty of the people
from being exploited by the operators; protect
individual right of privacy and freedom to
communicate by means of telecommunications;
promote right, freedom and equality of the people in
the access to, and use of frequencies in the sound
broadcasting, television broadcasting and
telecommunications services;
(14) to coordinate matters relating to
frequency management, both at the national and
international levels;
(15) to determine and resolve issues relating
to interference of frequencies;
NBTC Thailand 38
 (16) to monitor and provide advice on the
undertaking of sound broadcasting, television
broadcasting and telecommunications services;
(17) to set forth regulation on merger, cross
ownership-holding or broadcasting market dominance
amongst mass media businesses or by any other
person, which has the effect of impeding the liberty of
the public in perceiving information or of obstructing
public access to a diversity of information;
(18) to promote a formation of licensees,
broadcasters, and mass media professionals in the
radio and television businesses into diverse forms of
organizations which will have the mandate to set forth
ethical standards and self-regulation pertaining to the
occupation or profession under the ethical standards;
(19) to issue rules or notifications according
to Section 58;
(20) to approve the budget of the Office of the
NBTC budgets, including the financing of the Fund
under Section 55;
(21) to determine and approve financial
allocation for the Fund as proposed by the Fund
Management Committee under Section 55;
(22) to provide information and participate in
negotiations or making agreements between the
Kingdom of Thailand and foreign governments or
NBTC Thailand 39
international organizations in matters relating to
frequency management, sound broadcasting,
television broadcasting, telecommunications services,
or other related undertakings;
(23) to give advice to the Cabinet for an
issuance of, or amendment to, legislation related with
frequency allocation and other matters relating to
frequencies, sound broadcasting, television
broadcasting, and telecommunications services;
(24) to prescribe rules, notifications or orders
under the powers and duties of the NBTC;
(25) to perform any other acts as prescribed in
this Act or other laws.
In setting forth regulation on merger, cross
right-holding or market dominance under (17), the
NBTC shall hold a hearing from the public and parties
concerned.
The exercising of powers and duties under
paragraph one shall not be contrary to or inconsistent
with the Broadcasting Business Act, the
Telecommunication Business Act and the
Radiocommunications Act.
Such rules, notifications or any orders shall
come into force upon being published in the
Government Gazette.

NBTC Thailand 40
 Section 28 NBTC shall hold a hearing from
the stakeholders and the public in order to take those
opinions into its consideration before issuing rules,
notifications, or orders pertaining to the supervision of
sound broadcasting, television broadcasting and
telecommunications services which shall be
enforceable in general and related with the
competition in the business or may have significant
impacts on the public. The NBTC shall provide
background information, reasons, justifications, and a
summary of the matters, as well as the issues expected
to obtain from the hearing. The time taken for a
hearing shall not be less than thirty days, except for
emergency case or compelling necessity that the
NBTC may allow a shorter time allocated for that
hearing.
The Office of the NBTC shall prepare a
summary record of the hearing which consists of
opinions obtained, NBTC’s resolution or
consideration regarding the said opinions, including
reasons and proposed actions. This record shall be
publicized through the Office of the NBTC’s
information network system.

NBTC Thailand 41
 Section 29 In setting the rates for network
access or interconnection charges, any fees or service
charges for the undertaking sound broadcasting,
television broadcasting and telecommunications
services under this Act and the Broadcasting Business
Act or the Telecommunications Business Act, the
NBTC shall have due regard to the public interest and
burden of the consumers, costs of providing service,
optimization and efficient allocation of resources.

Section 30 In performing duties of the NBTC,

BC, TC, other committees and sub-committees
established under this Act, including the Secretary-
General of the NBTC and staff of the Office of the
NBTC in relation to requests or complaints lodged
according to the law, rules, regulations, notifications
or contracts that the NBTC or the Office of the NBTC
makes with private entities, and if a deadline is not
specified in the said law, rules, regulations,
notifications or contracts, the NBTC shall manage to
have the deadline specified and make known to the
public. For any matter to which a deadline is not
given, the authorities must complete it within fifteen
days as from the date of receiving the request.

NBTC Thailand 42
 In the case where the NBTC, BC, TC, other
committees and sub-committees established under this
Act, the Secretary-General of the NBTC and staff of
the Office of the NBTC prolonged the performing of
their duties to a date later than that specified in
paragraph one without justifiable reasons and if it
causes damage to any person, the Office of the NBTC
shall be liable to make compensation to that person.
The sum of money paid for such compensation shall
be charged from the NBTC, BC, TC, other
committees and sub-committees established under this
Act, the Secretary-General of the NBTC and staff of
the Office of the NBTC who are the cause of the delay
as the case may be if such damage occurred from the
act or the act refrained intentionally or with gross
negligence.

Section 31 For the benefit of consumer

protection from being exploited by the sound
broadcasting, television broadcasting and
telecommunications operators, the NBTC shall have
the duties to inspect the operators hereof to prevent
them from taking any action that may be deemed as
unfair treatment. The NBTC shall set up two
subcommittees consisting of persons having

NBTC Thailand 43
knowledge, expertise and experience beneficial to the
NBTC’s conduct of duties in consumer protection in
the field of broadcasting service, and in consumers
protection in the field of telecommunications service.
The subcommittees shall have the duties and powers
in making judgment and recommendations in matters
relating to the lodged complaints and other duties as
required by the NBTC.
In the case where the sound broadcasting,
television broadcasting and telecommunications
operators act in any way which may be deemed as an
unfair treatment to the consumers by using their
network or advertisement in the manner of undue
profit making, or causing annoyance by whichever
means as specified by the NBTC, the NBTC shall
have the power to order the operators to refrain from
taking such acts.

Section 32 For the benefit of protecting

individual right of privacy and freedom to
communicate by means of telecommunications, the
NBTC shall have the power to prescribe measures for
protection of telecommunications service users’ rights
related to personal information, privacy rights and

NBTC Thailand 44
freedom to communicate by means of
telecommunications.
In the case where there is an offense of illegal
interception, utilization or disclosure of message,
information or any other data by means of
telecommunications, it shall be deemed that the
NBTC is the damaged person under the Criminal
Procedure Code.
In the case where a telecommunications
business licensee is the offender under paragraph two,
or knows that the offense has been committed under
paragraph two but refrains from noticing or taking
action in accordance with the provision of the law
within reasonable time, the NBTC shall have the
power to suspend or revoke his telecommunications
business license.

Section 33 The NBTC shall have the power to

appoint sub-committees, working groups, or assign
competent officials to perform duties under this Act or
other tasks that may be assigned. The sub-committees
and working groups shall not be of any prohibitions
under Section 7 B. (1) (2) (3) (4) (5) (6) (7) (8) (9)
(10) and (11).

NBTC Thailand 45
 Section 34 In performing the duties under this
Act, the NBTC, BC, TC and the Monitoring and
Evaluation Committee shall have the power to
summon any state agency or person to solicit factual
information, statements or relevant documents or
evidence for the purpose of inquiry.

NBTC Thailand 46
 CHAPTER II
Business Operation Regulation

Part 1
Broadcasting Commission

Section 35 There shall be one Broadcasting

Commission, called in short “BC” consisting of:
(1) Chairman appointed by the NBTC from
NBTC Vice Chairperson;
(2) Four Commissioners appointed by the
NBTC from Commissioners who are not the
Chairman or Vice Chairman which shall consist of
two members according to Section 6 (3) and one
Commissioner according to Section 6 (4).
The Commission according to paragraph one
shall not be appointed as the TC at the same time.
The Secretary-General of the NBTC shall
appoint competent officials of the Office of the NBTC
as a secretary and an assistant secretary when
necessary.

NBTC Thailand 47
 Section 36 The provision of Section 23 shall
apply mutatis mutandis to the meeting of the BC
unless the part of quorum where no less than one-half
of the total number of Commissioners is required to
constitute a quorum.
In the case where the Broadcasting
Commissioners vacates office before completing
his/her term and if the existing Commissioners are not
less than three persons, the remaining Commissioners
may continue to perform the duties.

Section 37 The BC shall have the power to act

on behalf of the NBTC under the provisions of
Section 27 (4) (6) (8) (9) (10) (11) (13) (16) and (18)
pertaining to the broadcasting services, and other
duties as assigned by the NBTC.

NBTC Thailand 48
 Part 2
Telecommunications Commission

Section 38 There shall be one

Telecommunications Commission, called in short
“TC” consisting of:
(1) Chairman appointed by the NBTC from
NBTC Vice Chairman;
(2) our Commissioners appointed by the
NBTC from Commissioners who are not the
Chairman or Vice Chairman which shall consist of
two Commissioners according to Section 6 (3) and
one Commissioner according to Section 6 (4).
The Commissioners according to paragraph one
shall not be appointed as a BC at the same time.
The Secretary-General of the NBTC shall
appoint competent officials of the Office of the NBTC
as a secretary and an assistant secretary when
necessary.

Section 39 The provision of Section 36 shall

apply mutatis mutandis to the meeting and the
conduct of duties of the TC.

NBTC Thailand 49
 Section 40 The TC shall have the power to act
on behalf of the NBTC under the provisions of
Section 27 (4) (6) (7) (8) (9) (10) (11) (12) (13) and
(16) pertaining to the telecommunications and
radiocommunication services, and other duties as
assigned by the NBTC.

NBTC Thailand 50
 Part 3
Broadcasting Regulation

Section 41. Any person wishing to use radio

frequencies for the purpose of sound broadcasting or
television broadcasting services shall obtain a license
under this Act.
The License application and permission shall be
in accordance with the criteria, procedures, and
conditions as prescribed by the NBTC, unless for the
purpose of business operation which the provision in
paragraph six shall apply.
It shall be deemed that the application for radio
frequency license according to paragraph one is also
an application for operations of sound broadcasting or
television broadcasting services under the
Broadcasting Business Act; and when the NBTC
permits the use of radio frequency, it shall be deemed
that the applicant is permitted to operate the sound
broadcasting or television broadcasting services under
the Broadcasting Business Act and shall be deemed
that the person is permitted to possess and use
radiocommunication equipment and install the
radiocommunication station under the
Radiocommunications Act with respect only to the
NBTC Thailand 51
radiocommunication equipment as specified in the
application.
The permission to use radio frequency for the
purpose of sound broadcasting or television
broadcasting services shall be carried out with due
regard to maximum public interests at the national,
regional and local levels in education, culture, state
security and other public interests, including free and
fair competition, and shall be carried out in the
manner of extensively and appropriately distributing
the utilities as the national communications resource
to all segments of enterprises for public interest.
For the benefit of promoting radio and
television programs that contribute social constructive
contents or programs for children and youths, the
NBTC shall set licensing conditions requiring the
licensee to broadcast these programs at a period
appropriate for the target group.
In the case of licensing radio frequency for
sound broadcasting or television broadcasting services
which are the business operation as stipulated under
the Broadcasting Business Act, the selection shall be
carried out by means of spectrum auctions at the
national, regional and local levels. The auctions shall
be conducted separately for each level in accordance

NBTC Thailand 52
with the criteria, procedures, date, and conditions as
prescribed by the NBTC.
In specifying qualifications of persons who are
eligible for auctioning under paragraph six, due
consideration shall be given to the benefit from
efficient and optimum allocation of spectrum
resources, prevention of anti-competitive conduct,
promotion of free and fair competition, efficient
supplying of services, burdens on the consumers, and
right protection for potential licensees to operate
business at regional and local levels.
The licensing of radio frequency for the sound
broadcasting and television broadcasting services that
cause or may cause interference or duplication with
the existing radio frequency shall be forbidden.

Section 42 The NBTC shall have the powers

to prescribe license fees under Section 41 by dividing
into spectrum license fees and business license fees
which shall be paid when the license has been
granted. Payment shall be made yearly at an
appropriate rate for the type of license in accordance
with the Broadcasting Business Act , except for the
spectrum license fees for business operation. The sum
of money received from auctions under Section 41

NBTC Thailand 53
paragraph six shall be deemed as spectrum license
fees which must be paid upon having been licensed
and remitted to the Fund under Section 52.
The license fees under paragraph one to be paid
yearly shall be prescribed by the NBTC with due
consideration given to the regulatory costs for
spectrum utilization and business operations
effectively at a gross rate of not more than two
percent of income before deducting licensees’
expenditure. The fees shall be remitted to the Office
of the NBTC as its revenues.
Agencies exempted from complying with
Broadcasting Business Act, either in whole or in part,
shall pay the fees according to paragraph one. The
NBTC shall reduce such fee as it deems appropriate
with due regard to the agencies’ objectives.

Section 43 A radio frequency license for

sound broadcasting and television broadcasting
services is the exclusive rights of the licensee and not
transferable.
The licensee who has been authorized to use
spectrum for sound broadcasting or television
broadcasting business operation shall carry out by
himself or herself. Business management either in
NBTC Thailand 54
whole or in part shall not be rendered or permitted to
other to act on his/her behalf. But allocating the time
slot to other person to run the program shall be
allowed in accordance with the criteria and procedures
prescribed by the NBTC.

Section 44 The licensee who has been

authorized to use spectrum for sound broadcasting or
television broadcasting business operation has not
carried out the business by using such spectrum
within the limited time specified by the NBTC, or has
used such spectrum in other service not relating to its
objectives, or fails to comply with the business
operation conditions, or conducts prohibitive acts as
specified in Section 27 (11) and (17), or fails to
comply with the provision of Section 43, the NBTC
shall take an action to rectify the situation or issue an
order to revoke the spectrum license in whole or in
part.

NBTC Thailand 55
 Part 4

Telecommunications Regulation

Section 45 Any person who wishes to use

spectrum for the purpose of telecommunications
business operation shall obtain a license under this
Act by means of spectrum auctions in accordance
with the criteria, procedures, duration, and conditions
as prescribed by the NBTC. The provision of Section
41 paragraph four and paragraph seven shall apply
mutatis mutandis. Income from spectrum auction after
deducting expenditure shall be remitted to the state
treasury.
It shall be deemed that the application
submission for a spectrum license according to
paragraph one is also an application for
telecommunications business operation under the
Telecommunications Business Act; and when the
NBTC permits the use of spectrum, it shall be deemed
that the applicant is permitted to carry out
telecommunications business operation under the
Telecommunications Business Act and shall be
deemed that the person is permitted to possess and use
radiocommunication equipment and install
radiocommunication station under the
NBTC Thailand 56
Radiocommunications Act with respect only to the
radiocommunication equipment as specified in the
application.
The NBTC shall have the powers to prescribe
license fees under the Telecommunications Business
Act and fee which shall be paid annually with due
regard to the regulatory costs for spectrum utilization
and business operations effectively at a gross rate of
not more than two percent of income before deducting
expenditure. The fees shall be remitted to the Office
of the NBTC as its revenues.

Section 46 A spectrum license for

telecommunications business is the exclusive rights of
the licensee and is not transferable.
The licensee who has been authorized to use
spectrum for telecommunications services shall carry
out the services by himself or herself. Business
management either in whole or in part shall not be
rendered or permitted to other to act on his/her behalf.

Section 47 Any licensee who has been

authorized to use spectrum for telecommunications
services has not carried out the business by using such
spectrum within period specified by the NBTC or by
NBTC Thailand 57
using such spectrum in other services not relating to
its objectives or fails to comply with the business
operation conditions, or conducts prohibitive acts as
specified in Section 27 (11), or fails to comply with
the provision of Section 46, the NBTC shall take
action to rectify the situation or issue an order to
revoke the spectrum license in whole or in part.

NBTC Thailand 58
 CHAPTER III
Guidelines for Planning Formulation

Section 48 There shall be the Master Plan for

Spectrum Management which shall contain at least the
following items
(1) details of Table all Frequency
Allocations that Thailand could bring into use ;
(2) implementation framework for
International spectrum matters;
(3) details of spectrum allocated to the sound
broadcasting and television broadcasting services,
telecommunications services, and other services;
(4) guidelines for spectrum reframing for
improving spectrum utilization.
The Master Plan for Spectrum Management
shall come into force upon its publication in the
Government Gazette and shall used as the criteria and
preliminary conditions for licensing and any
undertaking pertaining to the spectrum utilization.
The NBTC shall monitor and evaluate the
implementation of the Master Plan for Spectrum
Management and revise the said Master Plan for the
benefit of efficient spectrum management and be in
line with the advancement of changing technologies.
NBTC Thailand 59
In preparing the Master Plan for Spectrum
Management, the NBTC shall conduct hearing to
gather opinions from the public, the business
operators using the spectrum and state agencies
concerned in order to take those opinions into
consideration. The time taken for a hearing shall not
be less than thirty days. The preparing of the Master
Plan for Spectrum Management shall give due regard
to the national security as necessary.

Section 49 In the Telecommunication

business regulation, the NBTC shall prepare the
Broadcasting Master Plan and the
Telecommunications Master Plan so as to be a five-
year implementation guideline. The plans shall be in
accordance with the Master Plan for Spectrum
Management and shall at a minimum provide
guidelines for development and promotion of free and
fair competition among operators, guidelines for
spectrum licensing and business licensing. On the part
of broadcasting services, the people sector shall be
permitted to use frequencies for public interest and
nonprofit for community service in a proportion of not
less than twenty percent of frequencies allocated in
each licensing area.

NBTC Thailand 60
 In the preparation of the Master Plans under
paragraph one, the NBTC shall hold a hearing from
the public, the operators and state agencies concerned
in order to take those opinions into its consideration.
The time taken for a hearing shall not be less than
thirty days.
In the case where the NBTC’s decisions are
conflicting with the opinions of the public, the
operators or state agencies expressed at the hearing
under paragraph two, the NBTC shall give further
explanation and reasons to the said public, the
operators or state agencies.
The public, operators and state agencies under
paragraph three who consider that the Master Plans as
prescribed by the NBTC is conflicting with the
provisions of the Constitution of the Kingdom of
Thailand. There shall have the rights to lodge the case
with the Administrative Court. There shall be deemed
that the said Master Plan be the rules under the Act on
Establishment of Administrative Courts and
Administrative Court Procedure.
The Master Plans under paragraph one shall
oblige the NBTC and state agencies concerned upon
the publication in the Government Gazette.

NBTC Thailand 61
 Section 50 For the benefit of providing
universal basic telecommunications and social
services in accordance with the Telecommunications
Business Act, the NBTC shall set forth a plan for
universal basic telecommunications and social
services in which it shall at least specify service areas
and target groups, implementing period including
estimated budgets for the operations.
In the preparation of the plan under paragraph
one, the NBTC shall consult with other state agencies
concerned and ensure that it is consistent with the
government policies declared to the National
Assembly.
The NBTC shall prescribe amount of costs
which shall be charged from the licensees permitted to
operate telecommunications business for the provision
of telecommunication services according to paragraph
one. In this regard, due consideration must be given to
the licensee’s income from its telecommunications
business operation.
The NBTC shall prescribe amount of costs
from the USO Fund under Section 53 (4) which shall
be applied to support the licensees in providing the
said universal services.

NBTC Thailand 62
 Section 51 To enhance the people sector’s
capability in utilizing spectrum in a proportion
specified in Section 49 paragraph one, the NBTC shall
set out criteria and procedures for supporting
communities having potentiality to be qualified for
obtaining a broadcasting license for the type of
community service, the earnings, and supporting
quality community service operators. For this
purpose, there shall hold a hearing from the public,
state agencies concerned which is comprised of:
Income of the community service operators
shall be derived from donations, contribution to the
stations or other sources which are not dealing with
advertisements or broadcasting business operation.
In supporting the quality community service
operators, there shall be a contribution for the
stations’ administration, not for any particular
programs, with a proportion of no more than half of
the operators’ total income. In addition, there shall
have an evaluation on the quality of services and
efficiency of budget expenditures derived from the
contribution, taking into consideration for each
contributory distribution.

NBTC Thailand 63
 CHAPTER IV
Broadcasting and Telecommunications Research
And Development Fund for the Public Interest

Section 52 There shall be a fund established

within the Office of the NBTC called “the
Broadcasting, and Telecommunications Research and
Development Fund for the Public Interest” with the
following objectives:
(1) to open to the people in universal
accessing the sound broadcasting, television
broadcasting and telecommunication services, as well
as promote community services and support
community service operators under Section 51.
(2) to promote and support communication
resources development, research and development in
the broadcasting and telecommunications sector, as
well as to increase people’s capabilities in keeping
pace with the media’s technology in the aspect of
spectrum utilization, information technology, facilities
for the disabled, elderly, or underprivileged as well as
telecommunications industries and related industries;
(3) to promote and support human resource
development in the broadcasting and

NBTC Thailand 64
telecommunications sector, information technology,
as well as for the implementation of the organizations
which is responsible for setting ethical standards of
the occupations or professions under the law on
broadcasting and television business operation;
(4) to support, promote and protect the
broadcasting, television and telecommunication
services consumers;
(5) to support implementation under the Act
on Safe and Creative Media Development Fund by
allocating some money to the Safe and Creative
Media Development Fund.

Section 53 The fund under Section 52 shall

consist of:

(1) started-up fund allocated by the

government;
(2) money from spectrum auctions under
Section 41 paragraph six;
(3) money having been allocated under
Section 65 paragraph two;
(4) money remitted to the Fund under the
Broadcasting Business Act and the
Telecommunications Business Act;

NBTC Thailand 65
 (5) administrative fines imposed on the
offenders under this Act and the Broadcasting
Business Act and the Telecommunications Business
Act;
(6) money or property which is donated to
the Fund;
(7) money or property which have been
transferred under Section 91;
(8) interests and revenues of the Fund,
including revenue from the research and development
in broadcasting and telecommunications services;
(9) other money and property that are
transferred to the Fund.
The funds under (4) and (7) shall be exclusively
used for serving the objectives under Section 52 (1).
The funds under (4) allocated by respective
business shall be used in favor of that business, except
those from the broadcasting and television businesses
which shall be used for either broadcasting or
television business.

Section 54 There shall be a Fund Management

Committee consisting of
(1) Chairman of the NBTC as the Chairman
of Fund Management Committee;
NBTC Thailand 66
 (2) permanent secretary of the Office of the
Prime Minister, Secretary-General of the Office of the
National Economic and Social Development Board,
Director General of the Comptroller’ Department, and
Director of the National Electronics and Computer
Technology Center as members;
(3) one expert who has knowledge and
experience in human resources development and
media profession in sound broadcasting, another in
television selected by the members under (1) and (2);
(4) one expert who has knowledge and
experience in supplying universal basic
telecommunications service or in rural area, including
telecommunications service for the underprivileged
selected by the members under (1) and (2);
(5) one expert who has knowledge and
experience in consumer rights protection or people’s
rights and freedom promotion selected by the
members under (1) and (2);
(6) one expert who has knowledge and
experience in promotion and protection of the rights
of the disabled and underprivileged selected by the
members under (1) and (2).
Secretary-General of the NBTC shall be a
member and secretary and appoint competent official
of the Office of the NBTC as assistant secretary.
NBTC Thailand 67
 Members under paragraph one (3) (4) (5) and
(6) shall not be of any prohibitions under Section 7 B.
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) and (11). The
members shall hold office for a term of three years
and may be reappointed but may not serve for more
than two consecutive terms.
The provision of Section 23 shall apply mutatis
mutandis to the meeting of the Fund Management
Committee.

Section 55 The Fund Management Committee

shall have the duties and powers in the management
of the fund and provide recommendations on the fund
allocation for the objectives outlined in Section 52 to
the NBTC for its approval. In the case where the
NBTC’s opinions differ from those of the Fund
Management Committee, the NBTC shall give
reasons for further consideration.
The Fund Management Committee shall
disclose details of fund allocation and performance
under paragraph one to the public through electronic
media of the Office of the NBTC by giving
information about request entities and recipients
including the total amount of funds allocated.

NBTC Thailand 68
 Maintenance, expenditures, financial reports
and accounting system shall be in accordance with the
rules prescribed by the Fund Management Committee.

NBTC Thailand 69
 CHAPTER V
Office of the National Broadcasting and
Telecommunications Commission

Section 56 There shall be an Office of the

National Broadcasting and Telecommunications
Commission, called in short “Office of the NBTC”
which is a juristic person having a status of State
agency and shall not be subject to the government
agency under the law on public administration, or
state enterprise under the law on budgetary procedure
or other law and is under the supervision of a
chairperson.

The affairs of the Office of the NBTC shall not

be subject to the law on labor protection, the law on
labor relations, the law on social security and the law
on workers’ compensation.

Section 57 Office of the NBTC shall have

duties and powers as follows:
(1) be responsible for the Office of the
NBTC’s revenues and expenditures;

NBTC Thailand 70
 (2) prepare the Office of the NBTC’s annual
budget and submit to the NBTC for endorsement. The
said annual budget shall include any budget with
respect to the conduct of official duties of the NBTC,
BC, TC and Office of the NBTC;
(3) monitor and follow up spectrum
utilization;
(4) receive and consider complaints with
regard to the use of spectrum, the operations of
broadcasting and telecommunications business in
order to examine and solve the problems or propose
recommendations to the NBTC for consideration in
accordance with the criteria prescribed by the NBTC;
(5) study, compile and analyze information
related to the spectrum, the use of spectrum, the
operations of broadcasting and telecommunications
business;
(6) be responsible for the administrative
work of the NBTC, BC, TC and Fund Management
Committee;
(7) perform other acts as entrusted by the
NBTC, BC, and TC.

Section 58 The NBTC shall have the power to

issue regulations or notifications with respect to

NBTC Thailand 71
general administration, personnel administration,
budget, finance and property and other businesses of
the Office of the NBTC, including the following
matters:
(1) the division of works within the Office of
the NBTC and the scope of duties of those works;
(2) the setting up of positions, salary scales
and other remunerations of the Secretary-General of
the NBTC, officers and employees of the Office of the
NBTC, as well as remunerations and expenditures of
other members and sub-committee members under
this Act;
(3) selection or assessment of staff
competency for the benefit of recruitment and
appointment or increasing of salary scale, criteria for
extension of employment contract and compensation
in the case of termination of employment due to failed
performance evaluation;
(4) personnel management including
disciplinary action, petition and complaints;
(5) the acting for and acting as a person
holding the office;
(6) the setting up of the uniform and dress
code of the Office of the NBTC officer and
employees;

NBTC Thailand 72
 (7) the employment and appointment of a
person as an experts or specialists who are beneficial
to the performance of duties of the NBTC as well as
the rate of remunerations ;
(8) the administration and management of
budget, property and inventories of the Office of the
NBTC;
(9) the provision of welfare or other aid.
The regulations or notifications under
paragraph one shall be signed by the Chairman and
shall come into force upon the publication in the
Government Gazette.

Section 59 The Office of the NBTC shall

disclose information pertaining to the management of
the NBTC and Office of the NBTC to the public
through an information network system or other
means as it deems appropriate and at least shall
disclose the following information:
(1) each licensee’s license including the
prescribed conditions;
(2) a summary of monthly revenues of the
Office of the NBTC under Section 65;
(3) a summary of monthly expenditures of
the NBTC and Office of the NBTC;

NBTC Thailand 73
 (4) detailed remunerations of each NBTC
member, BC, TC, sub-committee, and advisor;
(5) results of the research studies and other
work contracted out to outside agencies;
(6) lists of complaints, progress and results
of consideration with respect to consumers’ and
licensees’ complaints, and numbers of pending
matters;
(7) results of procurement conducted by the
Office of the NBTC in details and related contracts.

Section 60 The Office of the NBTC shall have

a Secretary-General of the NBTC who shall be
responsible for the work performance of the Office
and directly answerable to the Chairman and shall be
the superior of officials and employees of the Office.
The Secretary-General shall represent the
Office in its affairs vis-à-vis the third persons. For this
purpose, the Secretary-General may delegate powers
to any person to perform any particular acts, in
accordance with the regulations prescribed by the
NBTC and published in the Government Gazette. The
said regulation shall not be prescribed in the manner
of forcing the Secretary-General to delegate his power
to other person.

NBTC Thailand 74
 Section 61 The Chairman, with the consent of
the NBTC, shall appoint and remove the Secretary-
General of the NBTC. The Secretary-General shall be
of not less than thirty five years of age on the date of
appointment and shall have qualifications and not be
under prohibitions under Section 7 including other
qualifications as specified by the NBTC.

Section 62 The Secretary-General shall hold

office for a term of five years from the date of
appointment and may be reappointed but shall not
hold office for more than two consecutive terms.

Section 63 In addition to vacation of office

upon the termination of the term under Section 62, the
Secretary-General vacates office upon:
(1) death;
(2) being sixty years of age;
(3) resignation;
(4) being a bankrupt;
(5) having been imprisoned by a final
judgment to a term of imprisonment;
(6) being disqualified or being under any of
the prohibitions under section 61 paragraph two;

NBTC Thailand 75
 (7) being dismissed by a resolution of the
NBTC members, by votes of not less than two-thirds
of the total number of the Commissioners on grounds
of mismanagement, misbehavior, incompetency or
inability to perform his tasks;

Section 64 The Secretary-General and officers

of the Office of the NBTC shall be deemed as state
officials under the Organic Act on Counter
Corruption.
The officials of the Office of the NBTC shall
have qualifications and not being under prohibitions
under the regulations prescribed by the NBTC and
shall not be a member of the Board of Directors,
executive officer, advisor, employee, shareholder or
partner in a company or partnership or any other
juristic person carrying out broadcasting or
telecommunications business.
The Secretary-General shall be deemed as
person holding a high-ranking position under the
Organic Act on Counter Corruption.
In performing duties under this Act, the
Secretary-General and competent officials shall be the
officials under the Penal Code.

NBTC Thailand 76
 Section 65 The Office of the NBTC’s
revenues shall be derived from the followings:
(1) spectrum license fees and business
license fees under Section 42 paragraph two and
Section 45 paragraph three;
(2) revenues or benefits accrued from the
conduct of duties of the NBTC and the Office of the
NBTC;
(3) revenues derived from the Office of the
NBTC’s property;
(4) money and property donated to the
Office of the NBTC in accordance with the regulation
set forth by the NBTC for the work of the Office;
(5) subsidies from the government.
Revenues of the Office under (1) and (2) after
deducting by expenditures for efficient conduct of the
Office, necessary burden costs, and money allocated
for the Fund under Section 52 and the Technology
Development for Education Fund under the law on
national education shall be remitted to the state
treasury.
In the case where the Office’s revenues are not
sufficient for efficient conduct of the Office, including
necessary burden costs, and other sources are not

NBTC Thailand 77
available, the government shall allocate the national
budget to the Office as necessary.

Section 66 For the benefit of the national

budget allocation for the Office of the NBTC under
Section 65 paragraph three, the Office shall submit an
estimated budget annual budget to the Council of
Ministers in order to grant subsidies to the Office
under the annual appropriation bill or additional
budget bill as the case may be. In this regard, the
Council of Ministers may comment on the Office
appropriated budget in its submission for annual
appropriation bill or additional budget bill. The House
of Representatives or the Senate may request the
presence of the Secretary-General in order to give
information for the Houses’ consideration.

Section 67 All immovable property which the

office of the NBTC has acquired by procurement of
exchange from the revenues of the Office according to
Section 65 (1) (2) or (3) or donation according to (4)
shall be owned by the Office.

NBTC Thailand 78
 For state property under the Rachaphatsadu
land under the law on Rachaphatsadu land which has
been occupied by the Office, the Office shall have the
authority in governing, taking care of, maintaining,
using and seeking gain in accordance with the
regulations prescribed by the NBTC.
Property of the Office of the NBTC shall be
non-livable.

Section 68 The financial accounts of the

Office of the NBTC shall be prepared in accordance
with the international accounting standard ruled by the
Federation of Accounting Professions and there shall
be an internal audit on finance, accounting and
inventories of the Office of the NBTC in accordance
with the regulations prescribed by the NBTC.
In conducting an internal audit under paragraph
one, there shall be an Internal Audit Committee
consisting of not less than three but not more than five
members appointed by the NBTC from experts in
internal auditing who have qualifications and are not
under prohibitions according to Section 7 and Section
8. The Office shall appoint its officials in appropriate
numbers as internal auditors responsible directly to

NBTC Thailand 79
the Internal Audit Committee to assist the Committee
in performing its duties.
The Internal Audit Committee shall be
independent in its conduct of duties and the NBTC,
Secretary-General of the Office of the NBTC and
officials of the Office of the NBTC shall facilitate the
work of the Internal Audit Committee and internal
auditors as requested.
The Internal Audit Committee shall inform the
NBTC of the audit results in every one hundred and
eighty days.
Term of assignment, vacation of office and
meeting of the Internal Audit Committee shall be in
accordance with the regulations prescribed by the
NBTC.

Section 69 The Office of the NBTC shall

prepare its balance sheet, financial statement and book
of accounts and submit them to the auditor within
sixty days after the end of fiscal year.
In each year, the Office of the Auditor-General
shall be the auditor and audit the spending of money
and property of the Office of the NBTC. In the audit
report, it shall contain an analysis of effectiveness of
budget spending and give statements as to whether or
NBTC Thailand 80
not the spending is in accordance with the objectives
and the degree of its achievements according to the
targets. The auditor’s report shall then be submitted to
the NBTC, the Cabinet and the National Assembly.
The Office of the NBTC shall be an audited
unit under the Organic Act on State Audit.

NBTC Thailand 81
 CHAPTER VI
Performance Management of NBTC Inspector and
Evaluation Committee

Section 70 There shall be the Performance

Management of NBTC Inspector and Evaluation
Committee consisting of a chairperson and other four
members having apparent work records or knowledge
and expertise or experience as follows:
(1) one expert in sound broadcasting service,
and another in television broadcasting service;
(2) one expert in telecommunications
service;
(3) one expert in consumer protection;
(4) one expert in people’s right and freedom
promotion.
The Chairman of the Senate shall arrange a
selection of persons suitable for appointment as
committee in the double number of the members
according to paragraph one before submitting the list
to the Senate for its consideration in accordance with
the criteria and procedures prescribed by the
Chairman of the Senate.

NBTC Thailand 82
 The persons selected as the committee shall
meet and elect one among themselves to be the
chairperson.

Section 71 The Performance Management of

NBTC Inspector and Evaluation Committee shall hold
office for a term of three years but shall not be
appointed to hold office for two consecutive terms.
The Committee under paragraph one shall not
be a member of the NBTC, BC, TC, sub-committees,
Secretary-General of the NBTC, officials or staff of
the Office of the NBTC. The provisions of Section 7,
Section 8 and Section 20 (1) (3) (4) and (5) shall
apply mutatis mutandis.
In the case where Performance Management of
NBTC Inspector and Evaluation Committee vacates
office due to any reason other than vacating on the
completion of term, the remaining members may
continue to perform duties and it shall be deemed that
the Performance Management of NBTC Inspector and
Evaluation Committee consists of the existing
members but not less than three persons.
The conduct of meetings and making
resolutions shall be in accordance with the rules and
regulations prescribed by the Performance
NBTC Thailand 83
Management of NBTC Inspector and Evaluation
Committee.
Remunerations and other allowances in
selecting and performing of the duty of the
Performance Management of NBTC Inspector and
Evaluation Committee shall be in accordance with the
rules and regulations prescribed by the NBTC.

Section 72 The Performance Management of

NBTC Inspector and Evaluation Committee shall
have the duties and powers in monitoring, audit and
evaluation of the performance and administration of
the NBTC, BC, TC, Office of the NBTC and
Secretary-General of the NBTC and report to the
NBTC within ninety days as from the ending date of
each accounting year. The NBTC shall submit the said
report together with the NBTC annual performance
report under Section 76 to the National Assembly.
The said report shall be disclosed to the public
through the information network system of the Office
of the NBTC or any other means as appropriate.
The evaluation according to paragraph one shall
be based on the facts and information and results of
the hearings obtained from all stakeholders.

NBTC Thailand 84
 The Committee may assign other specialized
agencies or bodies to carry on the tasks of compilation
and analysis of information and evaluation for the
purpose of report preparation.

Section 73 The report under Section 72 shall

at a minimum contain the following contents:
(1) performance of the NBTC, BC, TC,
Office of the NBTC and Secretary-General of the
NBTC;
(2) facts or observations with regard to the
performance of duties of the NBTC in terms of its
efficiency and compliance with the government
policies as well as opinions and recommendations.
(3) comments on the annual report of the
NBTC under Section 76;
(4) other matters deemed appropriate for
acknowledgment of the NBTC, National Assembly or
the public.
The NBTC, BC, TC, Office of the NBTC and
Secretary-General of the NBTC shall render
cooperation and facilitation as requested by the
Performance Follow-up and Evaluation Committee.

NBTC Thailand 85
 CHAPTER VII
Relationships with the Government and the
National Assembly

Section 74 In the conduct of its duties, the

NBTC shall observe and act in accordance with the
policies that the Cabinet declared to the National
Assembly.

Section 75 In the case where there is a

negotiations or conclusion of agreement between the
Government of the Kingdom of Thailand and the
government of the foreign countries or international
organizations in relation to spectrum management,
sound broadcasting, television broadcasting, and
telecommunications services, or other related
undertakings, the NBTC and the Office of the NBTC
shall have the duties to provide information and
participate as notified by the government.

Section 76 The NBTC shall prepare an annual

performance report on the spectrum management,
sound broadcasting, television broadcasting, and
telecommunications services as the case may be

NBTC Thailand 86
which shall demonstrate details of work plans and
results, spectrum management, frequency assignment,
sound broadcasting business, television broadcasting
business and telecommunications business operation
as the case may be, and future wok plans, and submit
to the Cabinet and the National Assembly within one
hundred and twenty days as from the ending date of
each accounting year. This report shall also be
disclosed to the public.
The annual performance report under paragraph
one shall at least contain the followings:
(1) results of the NBTC performance in the
past year compared with the set work plans or
projects;
(2) work plans, projects and budget plans for
the upcoming year;
(3) Financial statement and report of the
auditor, internal audit report;
(4) problems and obstacles in the
undertaking of sound and television broadcasting, and
telecommunications services that are significant to the
public;
(5) quality and service charge rates of
different types of telecommunications that are
significant to the public;

NBTC Thailand 87
 (6) efficiency and effectiveness in the
handling of consumers’ complaints;
(7) efficiency and effectiveness of the Fund
under Section 52;
(8) report on the competition in the sound
and television broadcasting, and telecommunications
markets, including observations regarding behaviors
in the manner of market domination both directly and
indirectly which cause impacts on the people and
public interest.
The Prime Minister, the House of
Representatives and the Senate may request that the
NBTC or the Secretary-General of the NBTC explain
any of the implementation matters in writing or verbal
statement.

NBTC Thailand 88
 CHAPTER VIII
Penalties

Section 77 For any broadcasting or

telecommunications business operator who fails to
comply with the order under Section 31 paragraph
two, the NBTC shall have the power to impose an
administrative fine not exceeding five million Baht
and a fine not exceeding one hundred thousand Baht
per day at all time the order has not been observed.

Section 78 Any person who uses the

frequency for radio and television broadcasting or
telecommunications business without obtaining
permission under Section 41 paragraph one or Section
45 paragraph one shall be liable to the penalties as
stipulated for the offense under Section 66 of the
Broadcasting Business Act B.E. 2551 (2008) or
Section 67 of the Telecommunications Business Act
B.E. 2544 (2001) as the case may be.

Section 79 Any NBTC official or person

exercising NBTC power who becomes aware of or

NBTC Thailand 89
has been notified about unlawful use of the frequency
in violation of, or not compliance with, this Act, and if
the official fails to enforce the law and if the act or
refraining from such act is not an offense under
Section 157 of the Penal Code, that NBTC competent
official or person exercising NBTC power shall be
liable to imprisonment for a term not exceeding three
years or to a fine not exceeding sixty thousand Baht or
to both.

Transitory Provisions

Section 80 During the absence of the NBTC

under this Act, the National Telecommunications
Commission established under the Organization to
Assign Radio Frequency and to Regulate the
Broadcasting and Telecommunication Services Act
B.E. 2543 (2000) shall continue to perform the duties
as the NBTC under this Act except for the
broadcasting business under the Broadcasting
Business Act, which shall be in accordance with that
law.
The National Telecommunications Commission
under paragraph one shall vacate office upon the
appointment of the NBTC.
NBTC Thailand 90
 Section 81 The Commission under the
Broadcasting Business Act B.E. 2551 (2008),
Commission under the Telecommunications Business
Act B.E. 2544 (2001), and the National Commission
on Radio and Television Broadcasting Service under
Section 61 of the Thai Public Broadcasting Service
Act B.E. 2551 (2008) shall mean the NBTC under this
Act.
All powers and duties of the ministers, Director
General of Post and Telegraph Department, and
government licensing officials under the
Radiocommunication Act shall become powers and
duties of the NBTC under this Act.

Section 82 When the NBTC has been

appointed, government departments, state enterprises,
state agencies or any persons who are assigned
frequency or using frequency for the operations of
sound broadcasting, television broadcasting, and
telecommunications business on the date of the entry
into force of this Act shall have the duties to inform
the NBTC of the details of the use of frequency
including reasons of holding the frequencies in

NBTC Thailand 91
accordance with the criteria and timeframe specified
by the NBTC.
In complying with paragraph one, the
government departments, state enterprises, and state
agencies shall inform the NBTC of the details of the
permits, concessions, or contracts, including contract
duration and concession fees or other benefits
according to respective permits, concessions, or
contracts in accordance with the criteria and
procedures specified by the NBTC. The NBTC shall
examine legality of those permits, concessions, or
contracts, as well as disclose the information and
results of the examination to the public.

Section 83 Any person having been assigned

frequency or using frequency for lawful operations of
sound broadcasting or television broadcasting
business on the date of the entry into force of this Act
and in compliance with Section 82 shall be deemed to
be licensed under this Act. The NBTC shall supervise
the frequency assignees, or frequency users in
accordance with this Act, other laws and the criteria
specified by the NBTC until the expiry of the
assignment under paragraph three.

NBTC Thailand 92
 The provision of Section 43 shall not apply to
government departments and state enterprises whose
assigned frequencies have been granted by means of
authorization, concession or contract to other person
for lawful business operation. The person granted
authorization, concession or contract shall have the
right to continue the business for the remaining period
associated with such authorization, concession or
contract until their termination.
The NBTC shall specify the exact duration for
the frequency assignees, or frequency users to return
the frequencies for reassignment or improvement as
specified in the Spectrum Management Master Plan
under Section 48 with due regard to public interest
and necessity of the undertaking and frequency
utilization. The reasons and necessity for holding
frequencies as stated under Section 82 shall also be
taken into consideration.

Section 84 Any person having been assigned

frequency or using frequency for lawful
telecommunications business on the date of the entry
into force of this Act and in compliance with Section
82 shall be deemed to be licensed under this Act. The
NBTC shall supervise the frequency assignees or

NBTC Thailand 93
frequency users in accordance with this Act, other
laws and the criteria specified by the NBTC until the
expiry of the assignment under paragraph four.
The provision of Section 46 shall not apply to
government departments and state enterprises whose
assigned frequencies have been granted by means of
authorization, concession or contract to other person
for lawful business operation. The person granted
authorization, concession or contract shall have the
right to continue the business for the remaining period
associated with such authorization, concession or
contract until their termination.
When three years have lapsed after the day on
which this Act has come into force, the state
enterprises’ revenues, which are derived from the
undertakings under the authorization, concession or
contract according to paragraph two that the state
enterprises operated under the law on private
participation in state undertaking whether the
undertaking is in whole or in part, shall be subtracted
by the following expenses and remitted to the NBTC
upon which it shall transfer the said money to the state
treasury.

NBTC Thailand 94
 (1) business license fees calculated from
income base which is generated from the
authorization, concession or contract;
(2) expenses for supporting the provisions of
universal basic telecommunications and social
services in accordance with the government policies
and Section 50 calculated from income base which is
generated from the authorization, concession or
contract;
(3) expenses incurred from the operation
associated with the authorization, concession or
contract as prescribed by the Ministry of Finance.
The NBTC shall specify a deadline for the
frequency assignees or frequency users to return the
frequencies for reassignment or improvement as
specified in the Spectrum Management Master Plan
under Section 48. For this purpose, the provision of
Section 83 paragraph three shall apply mutatis
mutandis.

Section 85 At the outset, the provision of

Section 49 pertaining to an allocation of not less than
twenty percent of frequency to the civil sector for the
purpose of television broadcasting service shall not

NBTC Thailand 95
apply until the digital transmission system is
prescribed by the NBTC.
The NBTC shall complete a formulation of the
Spectrum Management Master Plan under Section 48
within one year as from the date on which the NBTC
is established. The said plan shall specify the
timeframe for which the transmission system must be
changed to a digital system, and timeframe for
assigning television broadcasting frequencies to the
civil sector.
After the Spectrum Management Master Plan
has been in effect, except for the digital transmission
system, the NBTC shall allocate temporary
frequencies to the civil sector for undertaking
television service in certain areas where frequencies
are sufficiently available.

Section 86 The telecommunications business

licensees who have been assigned by the National
Telecommunications Commission to provide
universal basic telecommunications and social
services in accordance with the Telecommunications
Business Act B.E. 2544 (2001) before the date of the
entry into force of this Act shall be exempted from
contributions to the Fund under Section 50 until the

NBTC Thailand 96
termination as prescribed in the Notification of the
National Telecommunications Commission on the
Criteria, Procedures and Conditions for the Provision
of Universal Basic Telecommunications and Social
Services.

Section 87 All licenses issued by virtue of the

Radiocommunications Act B.E. 2498 (1955), the
Organization to Assign Radio Frequency and to
Regulate the Broadcasting and Telecommunication
Services Act B.E. 2543 (2000), the Broadcasting
Business Act B.E. 2551 (2008) and the
Telecommunications Business Act B.E. 2544 (2001)
before the date of the entry into force of this Act shall
continue to be effective until expiry of term and shall
be deemed as the licenses issued under this Act. The
NBTC shall supervise the licensees in accordance
with this Act, other related laws and the criteria
prescribed by the NBTC.
Any license under paragraph one to hold or use
frequencies in which expiry date is not specified may
continue to be valid until the date of termination as
shall be specified by the NBTC. For this purpose, the
provision of Section 83 paragraph three shall apply
mutatis mutandis.

NBTC Thailand 97
 Section 88 Within one hundred and twenty
days from the date of the entry into force of this Act,
the NBTC shall issue a spectrum license and business
license under the law on broadcasting business to the
Thai Public Broadcasting Service according to the
nature and categories of business operation including
its existing scope of service as at the date this Act
comes into force.
Using of frequencies for business undertaking
other than the permit under paragraph one shall be in
accordance with the Frequency Management Master
Plan and shall be granted a permit from the NBTC. In
this regard, the NBTC may set forth any conditions
necessary for public interest.
The undertakings of the Thai Public
Broadcasting Service shall be under the provisions of
this Act insofar as it is not contrary to or inconsistent
with the law on Thai public broadcasting service.
During the absence of the license according to
paragraph one, the Thai Public Broadcasting Service
shall be able to continue its broadcasting business.

NBTC Thailand 98
 Section 89 All affairs, property, rights, duties,
liabilities, officials and employees, and budget of the
Office of the National Telecommunications
Commission shall be transferred to the Office of the
NBTC under this Act.
The officials and employees transferred under
paragraph one shall receive salaries, emoluments, or
wages, including entitlements and benefits at the same
rates to their existing entitlements until recruitment
and appointment to the Office of the NBTC under this
Act is made. The appointment to receiving a salary or
wage lower than the original rate is prohibited.
In the case of the officials or employees under
regulations or contracts under which employment
schedule is not specified, such the employment shall
not be deemed to have entitlements or benefits under
paragraph two.

Section 90 At the initial stage, the

appointment of the Secretary-General of the NBTC
shall be completed within ninety days from the date
the NBTC has been appointed under this Act.
During the absence of the Secretary-General of
the NBTC under this Act, the Secretary-General of the
National Telecommunications Commission under the
NBTC Thailand 99
Organization to Assign Radio Frequency and to
Regulate the Broadcasting and Telecommunication
Services Act B.E. 2543 (2000), who holds office prior
to the date of the entry into force of this Act, shall
perform the duties as Secretary-General of the NBTC.

Section 91 All money and property of the

Radio and Television Broadcasting Development for
Public Benefit Fund and the Telecommunications
Development for Public Benefit Fund under the
Organization to Assign Radio Frequency and to
Regulate the Broadcasting and Telecommunication
Services Act B.E. 2543 (2000) remaining on the date
of the entry into force of this Act shall be transferred
to the Fund under this Act.

Section 92 All affairs, property, rights and

duties of the Department of Public Relations, Office
of the Permanent Secretary of the Office of the Prime
Minister concerning with the Division of the National
Broadcasting Committee of the Department of Public
Relations, Office of the Permanent Secretary of the
Office of the Prime Minister remaining on the date of
the entry into force of this Act shall be transferred to
the Office of the NBTC, except for the budget item

NBTC Thailand 100

relating to salaries and wages of the existing
personnel which shall be transferred to the
Department of Public Relations, Office of the
Permanent Secretary of the Office of the Prime
Minister.

Section 93 Government official and employee

of the Division of the National Broadcasting
Committee of the Department of Public Relations,
Office of the Permanent Secretary of the Office of the
Prime Minister holding office prior to the date of the
entry into force of this Act who wishes to transfer to
work as an official or employee of the Office of the
NBTC and notifies their Chief in writing within
ninety days from the date of the entry into force of
this Act, the Office of the NBTC shall recruit and
appoint that government official or employee as its
official or employee in accordance with the criteria
prescribed by the NBTC. In this regard, the scale of
salary and wage shall not be lower than the previously
received scale. Those who have not submit request for
transfer within the said specified time shall return to
work at the Department of Public Relations, Office of
the Permanent Secretary of the Office of the Prime
Minister.

NBTC Thailand 101

 During the absence of the NBTC under this
Act, the powers of the NBTC under paragraph one
shall be the powers of the National
Telecommunications Commission appointed by virtue
of the Organization to Assign Radio Frequency and to
Regulate the Broadcasting and Telecommunication
Services Act B.E. 2543 (2000).

Section 94 The recruitment and appointment

of government officials under Section 93 shall be
deemed as a release from service due to official
termination or dissolution of positions under the law
on government pension or the law on government
pension fund.
The recruitment and appointment of employees
under Section 93 shall be deemed as a release from
service due to official dissolution of positions or
normal termination of employment, not on a count of
any wrongdoing, and thus the person shall be entitled
to receiving a severance pay in accordance with the
regulations of the Ministry of Finance.

NBTC Thailand 102

 Section 95 All rules, regulations, notifications
or orders issued by virtue of the Organization to
Assign Radio Frequency and to Regulate the
Broadcasting and Telecommunication Services Act
B.E. 2543 (2000) remaining in force on the date of the
entry into force of this Act shall continue to be
effective insofar as they are not contrary to or
inconsistent with the provisions of this Act until rules,
regulations, notifications or orders issued by virtue of
this Act come into force.

Countersigned by:
Abhisit Vejjajiva
Prime Minister
NBTC Thailand 103
Note: The reasons for promulgating this Act are that
Section 47 of the Constitution of the Kingdom of
Thailand stipulates that there shall be an independent
regulatory agency having the duty to allocate the
frequencies and supervise sound broadcasting,
television broadcasting and telecommunications
services as prescribed by law, and Section 305 (1)
stipulates that such law shall at least, in its substance,
make the provision for the establishment of specific
commissions as internal bodies within such agency
independent from one another to be in charge of
supervising radio and television broadcasting
businesses and supervising telecommunications
businesses and contain details with regard to the
supervision and protection of the operation of
businesses, the provision of funds for the development
of communication resources and the promotion of
public participation in the operation of public mass
media. Moreover, the Organization to Assign Radio
Frequency and to Regulate the Broadcasting and
Telecommunication Services Act B.E. 2543 (2000)
has been in force for a considerable long period of
time but it is not as effective as it should have been,
and thus, resulted in a number of impediments to the
implementation. Also the provisions are inconsistent
with the Constitution of the Kingdom of Thailand.
NBTC Thailand 104
Therefore, it is expedient to establish an independent
regulatory agency having the duty to allocate the
frequencies and supervise sound broadcasting,
television broadcasting and telecommunications
services, including to define the scope of the agency’s
mandate and the supervision of the said businesses, as
well as to revise the Act on Organization to Assign
Radio Frequency and to Regulate the Broadcasting
and Telecommunications services to be in compliance
with the provisions of the Constitution of the
Kingdom of Thailand. This Act shall hence be
enacted.

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NBTC Thailand 106
UNOFFIALCIAL TRANSLATION
TELECOMMUNICATIONS
BUSINESS ACT,
B.E. 2544 (2001)

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 TELECOMMUNICATIONS BUSINESS
ACT B.E. 2544 (2001)
----------------
BHUMIBOL ADULYADEJ, REX;
Given on the 9th Day of November B.E.2544;
Being the 56th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is

graciously pleased to proclaim that:
Whereas it is expedient to have a law on the
telecommunications business;
Whereas it is aware that this Act contains
certain provisions in relation to the restriction of
rights and liberties of persons, in respect of which
Section 29, in conjunction with Section 34, Section
37, Section 39, Section 48 and Section 50 of the
Constitution of the Kingdom of Thailand so permit by
virtue of law;
Be it, therefore, enacted by the King, by and
with the advice and consent of the National Assembly,
as follows.

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 Section 1 This Act is called the
“Telecommunications Business Act, B.E. 2544
(2001)”.

Section 2 This Act shall come into force as

from the day following the date of its publication in
the Government Gazette.*

Section 3 The followings shall be repealed:

(1) Telegraph and Telephone Act, B.E. 2477
(1934);
(2) Telegraph and Telephone Act (No.2),
B.E. 2517 (1974)

Section 4 In this Act:

“Telecommunications Service” means
the telecommunications service under the law on the
organizations to assign radio-frequency spectrum and
to regulate the sound broadcasting, television
broadcasting and telecommunications services;
“Telecommunications Business” means the
operation in the nature of supplying
telecommunications services to other persons;

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 “Telecommunications Number” means digits,
letters, or any other symbols or a combination thereof
which indicate destination in telecommunications
network for telecommunications purpose;
“Telecommunications Network” means
the set of telecommunications equipment which is
directly connected or connected through switching
equipment or any other equipment for
telecommunications between defined termination
points by means of any wire, radio-frequency
spectrum, optical, or any other electromagnetic
systems or a combination thereof;
“Interconnection” means the connection of
telecommunications networks under technical and
commercial agreements in order to enable the users of
a telecommunications operator to communicate with
other users or to access the service of other
telecommunications operators;
“Commission” means the National
Telecommunications Commission under the law on
the organizations to assign radio-frequency spectrum
and to regulate the sound broadcasting, television
broadcasting and telecommunications services;
“Office” means the Office of the National
Telecommunications Commission;

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 “Secretary-General” means the Secretary-
General of the National Telecommunications
Commission;
“Officer” means a person appointed by the
National Telecommunications Commission to
perform duties under this Act as of its publication in
the Government Gazette.

Section 5 The Prime Minister shall have

charge and control of the execution of this Act.

Section 6 The Commission shall have the

power to appoint competent official and to issue
notification prescribing other affairs for the execution
of this Act.
Such notification shall come into force upon its
publication in the Government Gazette.

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 CHAPTER I
Telecommunications Business Licensing

Section 7 Any person who intends to operate

a telecommunications business in accordance with the
nature and categories prescribed in notification of the
Commission under the law on the organizations to
assign radio-frequency spectrum and to regulate the
sound broadcasting, television broadcasting and
telecommunications services shall obtain a license
from the Commission.
There shall be three types of license as follows:
(1) Type One License: being a license
granted to the telecommunications business operator
who operates without his or her own network for
telecommunications services which are deemed
appropriate to be fully liberalized. The Commission
shall grant a license once notified by a person who
intends to operate such business;
(2) Type Two License: being a license
granted to the telecommunications business operator
who operates with or without his or her own network
for telecommunications services intended for a limited
group of people, or services with no significant

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impacts on free and fair competition or on public
interest and consumers. The Commission shall grant a
license once a person who intends to operate such
business has completely fulfilled the standard criteria
prescribed in advance in notification of the
Commission;
(3) Type Three License: being a license
granted to the telecommunications business operator
who operates with his or her own network for
telecommunications services intended for general
public, or services which may cause a significant
impact on free and fair competition or on public
interest, or a service which requires special consumer
protection. A person who intends to operate such
business can commence the operation only after he or
she is approved and granted a license by the
Commission.
The rights of Type One, Type Two or Type
Three licensee to operate telecommunications
business in which nature, categories and scope of
service shall be in accordance with notification
prescribed by the Commission, which shall be in
conformity with the nature of telecommunications
business for each type of license under paragraph two.
In issuing such notification, the Commission shall

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also have regard to the development of diverse
telecommunications services and fairness among the
operators.
In applying for a license, the applicant shall
specify type of the license he or she requires as well
as the nature or categories of telecommunications
service he or she intends to operate. Should the
operator intend to provide additional service of
different nature or categories after the license is
granted, he or she shall inform the Commission prior
to the commencement of the operation. In such case,
the Commission may prescribe certain conditions the
operator has to fulfill.

Section 8 The Commission shall prescribe in

notification and disclose to general public the
licensing criteria so that the person who intends to
operate the business will be informed in advance of
the applicant qualification, the application procedure,
and the license-granting criteria. Those licensing
criteria shall be differently prescribed in accordance
with types of license under Section 7, the nature and
categories of telecommunications service as well as
being in accordance with the spectrum licensing
guideline and telecommunications service licensing

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guideline as stated in the Master Plan for
Telecommunications Services and Frequency Plan
under the law on the organizations to assign
radio-frequency spectrum and to regulate the sound
broadcasting, television broadcasting and
telecommunications services.
In notification under paragraph one, the
Commission shall prescribe details in relation to the
applicant qualification, the application procedure, the
document or information necessary for the licensing
procedure, the licensing consideration procedure, the
consideration period of the Commission, scope of
license, maximum and minimum term of license as
well as other conditions necessary for business
operation.
The criteria in setting up the qualifications of
the applicant shall be as follows:
(1) the applicant for Type Two and Type
Three licenses shall not be a foreigner under the law
on foreign business. In case of juristic person, the
shareholding proportion of Thai national shall not be
less than seventy-five percent of its total capital, and
not less than three fourth of the total amount of the
director as well as its authorized person shall be of
Thai nationality . In this regard, the Commission may

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prescribe the prohibition that the applicant for certain
nature or categories of telecommunications business
who is a juristic person, shall not commit any other
act which has the nature of business takeover by a
person who is not of Thai nationality;
(2) the applicant shall not be a bankrupt;
(3) the applicant shall never have a
telecommunications business license revoked;
(4) the directors, managers or persons in
authority of the applicant shall not be a person
sentenced by a final judgment for an offence
committed under this Act, or under the law on
telegraph and telephone, the law on radio
communication or the law on consumer protection
during two years period prior to the date of submitting
the application;
(5) the applicant for Type Three license shall
have an investment plan and efficient
telecommunications service plan;
(6) the applicant shall possess the
qualifications and shall not be under any prohibition
prescribed by the Commission for each type of license
under Section 7.

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 Section 9 Telecommunications business for
Type Three license shall be of a term stated in the
license which shall be within the maximum and
minimum term of license prescribed in notification of
the Commission.
For the renewal of Type Three license, the
licensee shall submit an application prior to the
license’s expiration date, after which the applicant
shall be deemed as a licensee until he or she is
notified of the order declining the license renewal, and
in this regard, the Commission shall consider and
notify applicant of the order within thirty days as from
the date of receiving the application.
The procedure for license renewal application
and license renewal approval shall be in accordance
with the criteria, procedures and conditions prescribed
in notification of the Commission, which shall also be
in conformity with the criteria under Section 8.
The Commission shall prescribe the term of
license and its renewal, having due regard to
timeframe according to the investment plan, scope of
service, service development guideline of the licensee,
protection of consumer in receiving uninterrupted
service and business performance evaluation.

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 Telecommunications business for Type One or
Type Two license can continue to operate throughout
its service period. In the case where the licensee
intends to terminate the service, he or she shall inform
the Commission in advance at least one month. In this
regard, the Commission may prescribe a condition to
be complied by the licensee prior to the termination of
service.

Section 10 In applying for

telecommunications business license, if that
telecommunications business requires the use of
radio-frequency spectrum, the applicant shall also
require an authorization to use the radio-frequency
spectrum under the law on the organizations to assign
radio-frequency spectrum and to regulate the sound
broadcasting, television broadcasting and
telecommunications services.
In the case where the authorization to use the
radio-frequency spectrum of the licensee is revoked, it
shall be deemed that the telecommunications business
license for the part that uses such radio-frequency
spectrum is also revoked.

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 Section 11 The licensee shall pay the
spectrum fee, telecommunications numbering fee and
business license fee according to the rates, criteria and
procedures prescribed by the Commission. However,
such fees shall not pose undue burden to the operators
or the users.
In setting the rates and criteria for spectrum fee
and numbering fee, the Commission shall have due
regard to public interest, optimization, scarcity and
allocation procedure of such resources.
In setting the rate and criteria for
telecommunications business fee, the Commission
shall have due regard to the type of license and the
cost of regulating such telecommunications business
under this Act.

Section 12 In issuing a telecommunications

business license which requires the use of
telecommunications numbers according to the
telecommunications numbering plan, the Commission
shall also allocate the telecommunications numbers
used for the supply of service or service area of such
telecommunications business.

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 In supplying service to general public, the
licensee shall provide only the telecommunications
numbers allocated by the Commission.
In the case where it appears to the Commission
that the licensee does not provide allocated numbers
to users for use in connection with the supply of
service without reasonable ground, or provides the
telecommunications numbers which are not allocated
to him or her, the Commission shall have the power to
order the licensee to perform as authorized or suspend
the use of such telecommunications numbers. In this
regard, the licensee shall have no right to claim for
any damages.
When technically feasible, in order to protect
the user interest, the Commission shall prescribe the
guideline and criteria for users to have the right to
retain their existing telecommunications number when
they intend to switch to new service provider, change
location or category of service. In this regard, the
Commission shall also hold a hearing from the
licensees concerned.
Subject to the measure prescribed by the
Commission under Section 50 paragraph one; the
licensee shall have the duty to provide information on
telecommunications numbers of the users to the

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persons requesting it for the purpose of making user
directory. In such case, the licensee can charge only
for the cost of providing that information.

Section 13 For the benefit of allocating

telecommunications numbers to the licensees for the
supply of services, the preparation of the
telecommunications numbering plan of the
Commission under the law on the organizations to
assign radiofrequency spectrum and to regulate the
sound broadcasting, television broadcasting and
telecommunications services shall consist of the
following criteria:
(1) there shall be sufficient
telecommunications numbers for the supply of
services;
(2) there shall be efficient and fair use of
telecommunications numbers.
(3) the telecommunications numbering plan
shall facilitate simple and clear identification to the
nature and categories of services and equipment used
in the telecommunications business;
(4) there shall be the revision to the
telecommunications numbering plan only in the case
of necessity;

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 In the case where the Commission sets up or
revises, in whole or in part, the telecommunications
numbering plan, the licensee shall have the duty to
comply with the criteria prescribed by the
Commission.

Section 14 In the case where the licensee

intends to expand the business by adding the
telecommunications numbers for the supply of service
or by expanding the service area, he or she shall
submit the application to the Commission.
In the case where the Commission deems that
the addition of the numbers and the expansion of the
service area will be of public interest and does not
pose the restrictions to fair competition on the
telecommunications business, the Commission may
authorize the licensee to proceed in accordance with
the criteria and conditions prescribed by the
Commission. In this regard, the Commission shall
consider the application and inform the licensee
within thirty days as from the date of receiving the
application. The Commission shall charge the
telecommunications business fee for the additional
authorization in accordance with the criteria
prescribed by the Commission.

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 Section 15 In operating the
telecommunications business, the licensee shall
comply with the criteria prescribed under the law on
the organizations to assign radiofrequency spectrum
and to regulate the sound broadcasting, television
broadcasting and telecommunications services and the
conditions prescribed by the Commission.
In prescribing the licensing conditions, the
Commission shall clearly state certain rights, duties
and responsibilities of the licensee as well as a
telecommunications operation plan to include at least
the step and timeframe of service commencement,
details on the nature and categories of the service,
tariff, directory information service and other matters
necessary for the supply of service for public interest.
In the case where there is a vital ground to
protect public interest or there is a change in laws or
circumstances, the Commission shall have the power
to revise the licensing conditions as and when
necessary.

Section 16 In the case where a licensee is

authorized to operate the business with the allocated
telecommunications numbers or specified service
area, if it appears to the Commission that the licensee

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does not supply a service in accordance with a
telecommunications operation plan prescribed as
licensing conditions under Section 15 without
reasonable ground, and the Commission deems that
such circumstance may affect public interest, the
Commission shall have the power to withdraw the
certain amount of allocated telecommunications
numbers or to down the size of authorized service
area. In this regard, the licensee shall have no right to
claim for any damages.

Section 17 The Commission shall have the

duty to administer the universal service obligation for
basic telecommunications service and shall have the
power to prescribe that the licensee shall provide the
following telecommunications services:
(1) telecommunications services in rural
areas, or low rate of return areas, or any area where
there is no or insufficient service providers or where
there is insufficient supply of service to meet the user
demand;
(2) telecommunications services for
educational institutions, religious institutions, medical
institutions and other social assistance agencies;

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 (3) certain nature or types of public
telecommunications services for low income person
as prescribed by the Commission;
(4) services facilitating the use of public
telecommunications service for disabled, children,
senior citizen and under-privileged.
The criteria, procedures and conditions
prescribed for the supply of telecommunications
service of the licensee under paragraph one shall be in
accordance with notification prescribed by the
Commission.
The Commission shall issue notification under
paragraph two in advance so that a person who
intends to apply for a license will be informed of the
scope of providing telecommunications services under
paragraph one prior to the submission of the
application.
The obligation to provide the
telecommunications services under this Section shall
not pose undue burden on the investment of the
licensee, and shall not cause discrimination among the
licensees of the same nature and type of
telecommunications service.

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 Section 18 In the case where the licensee is
unable to provide the telecommunications services as
prescribed by the Commission under Section 17, or in
the case where it deems appropriate for the licensee to
take part in the universal service obligation for basic
telecommunications services, the Commission shall
have the power to prescribe that such licensee shall
allocate certain portion of his or her income from the
supply of telecommunications service to the
Telecommunications Development for Public Benefit
Fund under the law on organizations to assign radio
frequency spectrum and to regulate the broadcasting
and telecommunications services for the provision of
telecommunications services under Section 17.

Section 19 The Commission shall have the

power to prescribe any measure to support and
promote the opportunity of new entrants to provide
service in a certain area competing with other
licensees in an efficient, equal and fair manner.

Section 20 The licensee shall not suspend or

terminate the service, in whole or in part, unless
permitted by the Commission under the criteria and
procedures prescribed by the Commission.

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 The licensee shall not decline the supply of
service to a certain person without reasonable ground.

Section 21 In operating the

telecommunications business, the Commission shall,
in addition to the law on business competition,
prescribe specific measure according to the nature of
telecommunications business, to prevent the licensee
from committing any act that leads to monopoly,
reduction or restriction of competition in supplying
the telecommunications service in the following
matters:
(1) cross-subsidization;
(2) cross-holding in the same category of
service;
(3) abuse of dominant power;
(4) anti-competitive behavior;
(5) protection of small-sized operators.

Section 22 The licensee shall, without delay,

inform the Secretary General of the following events:
(1) the licensee suffers serious damage
which may cause problems in the supply of
telecommunications service;

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 (2) the licensee intends to operate
telecommunications business other than that
authorized;
(3) the licensee intends to make a contract
that authorizes other persons, in whole or in part, to
manage his or her business;
(4) the licensee commits an act, or is
committed an act, having the nature of business
takeover or business taken over under the law on
securities and security exchanges;
(5) any case that affects, or may affect, the
business operation or the supply of service of the
licensee as prescribed in notification of the
Commission.
In case of (2) and (3), the licensee shall inform
the Secretary General before committing an act. In
case of (1) (4) and (5), the licensee shall inform the
Secretary-General immediately when the events
occur.
The Secretary-General shall, without delay,
submit the matter to the Commission after having
been informed under paragraph two. In this regard,
the Commission shall have the power to prescribe
certain conditions for the licensee to perform for the
prevention of damages to public interest.

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 Section 23 The Commission may prescribe
that the licensee shall arrange for the data recording
system to record the use of telecommunications
service that enable the user to make verification.

Section 24 In the case where a

telecommunications business of certain nature or
categories has involved specific technologies so that
the provisions under this Chapter cannot apply, the
Commission shall have the power to prescribe
conditions for the operation of telecommunications
business of such nature and categories.
The prescription of conditions under paragraph
one shall be in accordance with notification prescribed
by the Commission.

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 CHAPTER II
The Access and Interconnection of
Telecommunications Network

Section 25 The licensee who owns

telecommunications network shall have the duty to
allow other licensees to interconnect with his or her
telecommunications network in accordance with the
criteria and procedures prescribed by the Commission.
The licensee who owns telecommunications
network shall allow other licensees to access his or
her network in accordance with the criteria and
procedures prescribed by the Commission.
Refusal of the access to telecommunications
network can be made only in the following cases:
(1) the existing network is insufficient for
the access by other licensees;
(2) the access to telecommunications
network results in technical problem that may cause
interference or obstruction to telecommunications
business;
(3) other cases as prescribed in notification
of the Commission.

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 The licensee who owns telecommunications
network and refuses the access to his or her own
network under paragraph three shall have the duty to
prove his or her ground for such refusal.
Charges for network access or interconnection
shall be reasonable and fair for the licensee who owns
the network and for the person who request for the
network access or interconnection. There shall also be
non-discrimination among those who request for the
network access or interconnection.
In prescribing the criteria and procedures under
paragraph one and paragraph two, the Commission
shall hold a hearing from the licensees concerned.

Section 26 In the case where there is a refusal

of the access to telecommunications network, or there
is unsettled disputes in contract negotiation for the
access or interconnection of telecommunications
network, parties shall have the right to request for the
decision of the Commission in accordance with the
criteria and procedures prescribed in notification of
the Commission. The decision of the Commission
shall be final.
During the consideration of the Commission
under paragraph one, the Commission, in case of
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necessity, may order the temporary network access or
interconnection in accordance with the criteria and
procedures prescribed by the Commission.

Section 27 The contract concerning the access

or interconnection of telecommunications network
shall contain the provisions with the following
characteristics:
(1) it shall not cause the loss of user’s
benefit;
(2) it shall not cause a discrimination,
preference or obstacle to other licensees;
(3) the technical specifications at the access
point or point of interconnection shall be clearly state,
technically feasible and shall not cause undue burden
to the person who requests for the access or
interconnection of the network;
(4) the duties and responsibilities of the
person requesting and the person providing network
access or interconnection shall be clearly stated;
(5) charges for the access or interconnection
of telecommunications network shall be set in
accordance with the criteria under Section 25
paragraph five;

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 (6) other characteristics as prescribed in
notification of the Commission.
The licensee who is the owner of the
telecommunications network shall submit a copy of
the contract to the Commission within ten days as
from the date of signature. If the Commission deems
that the provisions in the said contract do not comply
with the characteristics in paragraph one, the
Commission shall have the power to order for the
amendment within the specified period. If the licensee
who is the owner of the telecommunications network
refuses to amend the contract as ordered by the
Commission, the provisions of Section 65 shall apply,
mutatis mutandis. If the person who requests the
access or interconnection of the telecommunications
network refuses to amend the contract, it shall be
deemed that the contract is void.

Section 28 The licensee shall provide the

correct information necessary for the access or
interconnection of the telecommunications network to
other licensees who request the access or
interconnection of the network, and shall not commit
any act that obstruct normal access or interconnection
of the network of other licensees.

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 Whenever there is a change to the
telecommunications network which affects the access
or interconnection, the licensee who owns network
shall give the notice of changes in advance within a
reasonable period, but not less than six months.

Section 29 The licensee who is the owner of

the telecommunications network shall publicly
disclose the contract for the access or interconnection
of the telecommunications network in accordance
with the procedures prescribed by the Commission.

Section 30 In the case where there is a change

in economic or social situation or there is any matter
which causes the charges for the access or
interconnection of the network as stated in the
contract no longer appropriate, leading to advantages
or disadvantages among licensees which pose undue
burden to either party, the parties to such contract may
submit a request for the revision of charges to the
Commission. In giving an approval, the Commission
shall also have due regard to the impact on users.

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 Section 31 For the benefit of national security,
or for the prevention of disaster that may cause public
harm, or for public interest, the Commission shall, if
requested by the Government, take certain actions to
provide the access or interconnection of the
telecommunications network between licensees and
relevant State agencies. In such case, the licensees
shall have the duty to comply with the order of the
Commission.

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 CHAPTER III
Standard of Telecommunications Network and
Equipment

Section 32 The Commission shall have the

power to prescribe in notification that certain
categories of telecommunications network,
telecommunications equipment or device used in
telecommunications service which affect the supply of
service shall conform to the specified technical
standards.
The Commission may prescribe in notification
that certain categories of device used in the
telecommunications network, telecommunications
equipment or device used in telecommunications
service shall be tested and certified the conformity to
standard before putting into service.

Section 33 The licensee shall maintain, repair

and modify telecommunications network,
telecommunications equipment and device used in
telecommunications service which the licensee uses
for the supply of service in order to enable the

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efficient use and conform to the technical standard as
prescribed in notification issued under Section 32.

Section 34 Type Three licensee shall have

engineers with qualifications and being of numbers as
prescribed by the Commission to supervise the
operation of telecommunications service, the
installation, the inspection as well as the maintenance
of telecommunications network, telecommunications
equipment and device used in telecommunications
service to ensure the conformity to technical standard.

Section 35 The Office shall have the power to

conduct the test and certification of the device used in
telecommunications network, telecommunications
equipment and device used in telecommunications
service, according to notification of the Commission
issued under Section 32 paragraph two, or according
to the request from any person who intends to have
the test and certification.
The test and certification under paragraph one
shall be in accordance with the regulations prescribed
in notification of the Commission.

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 Section 36 Any person who intends to
conduct the test and certification of the device used in
telecommunications network, telecommunications
equipment and device used in telecommunications
services shall establish a conformity assessment body
who is a juristic person and operates under a license
obtained from the Commission.
The applicant qualifications, the application
procedure, the issuance of license, the term of license,
the license renewal, and the fees for license issuance
and license renewal shall be in accordance with the
criteria, procedures and conditions prescribed in
notification of the Commission.
The conformity assessment body shall have test
and certification staff with qualifications and being of
numbers as prescribed by the Commission.
In authorizing the establishment of the
conformity assessment body, the Commission may
prescribe any condition as it deems appropriate.
Charges for conducting the test and certification
by the licensee under paragraph one shall be at the
rates prescribed by the Commission.

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 Section 37 The Commission shall have the
power to revoke the license to establish the
conformity assessment body in the following cases:
(1) the licensee authorized to establish the
conformity assessment body lacks of the
qualifications as prescribed in notification issued
under Section 36 paragraph two;
(2) the conformity assessment body conducts
the test, reports the test or conduct the certification in
bad faith;
(3) the test, report of the test or certification
is delayed without reasonable ground, causing serious
damage to the applicant;
(4) the conformity assessment body lacks of
test and certification staffs with qualifications or being
of numbers as prescribed by the Commission.
The revocation of license under paragraph one
shall not affect the certification of standard
conformity which was conducted prior to the
revocation of license, except for the certification of
standard conformity which was conducted in bad
faith, or was not conducted in conformity with the
standard prescribed by the Commission. In such case,
the Commission may order the revocation of that
certification.

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 In the case where any person suffers from
damages from the revocation of certification under
paragraph two, if that person did not participate in the
certification conducted in bad faith, the conformity
assessment body whose license is revoked shall have
the duty to compensate for the damages suffered by
that person.

Section 38 In the case where the

telecommunications network, telecommunications
equipment or any other device of the licensee is not
functioning, is not functioning as usual, is causing
interference to telecommunications service or is not in
conformity with the standard prescribed in
notification issued under Section 32, the competent
official shall have the power to order the licensee for
the correction, the modification or the suspension of
that telecommunications network, equipment or
device.
The provisions of paragraph one shall also
apply to telecommunications equipment of the users,
mutatis mutandis.

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 CHAPTER IV
Rights of Licensee

Section 39 In supplying the

telecommunications service, if the licensee has to set
up or erect poles, lay lines or place ducts or install any
other associated equipment, and requires to exercise
the rights under this Section, the licensee shall submit
a diagram indicating details on direction and boundary
profile of setting up or erecting poles, laying lines,
placing ducts, and installing associated equipment to
the Commission for the approval prior to the
implementation.
When the Commission has given the approval
under paragraph one, the licensee shall have the
following rights:
(1) to lay lines or to install any associated
equipment for the supply of telecommunications
service on or along the poles, ducts or facilities used
for similar purpose of other licensees, or State
agencies or public utility providers. In such case,
those other licensees or State agencies shall not refuse
such implementation. Nonetheless, they may charge a
necessary compensation;

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 (2) to set up or erect poles, lay lines or place
ducts, or to install any associated equipment for the
supply of telecommunications service on the land
which is domaine public of State. In such case, the
licensee shall inform the State official in charge of
that land in advance and shall comply with the criteria
and conditions set forth by that State official;
(3) to set up or erect poles, lay lines or place
ducts, or to install any associated equipment for the
supply of telecommunications service on another
person’s land. In such case, the licensee shall make an
agreement with the land owner or land tenant
according to the guidelines prescribed in notification
of the Commission.
In the case where the licensee cannot proceed
according to paragraph two because of the lack of
permission or the unreasonably excessive level of
charge or compensation, the licensee may request the
Commission for the consideration. If the Commission
deems that the implementation of the licensee is
necessary and inevitable, and will not cause excessive
damages to the State agency, the land owner or land
tenant, or the property owner or property possessor,
the Commission shall have the power to notify the use
of land or property for that purpose to the State
official in charge of the land or property, the land
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owner or land tenant, or the property owner or
property possessor not less than thirty days in advance
together with the date, time and nature of
implementation.
The person who has been notified under
paragraph three may lodge a petition expressing that
there is unreasonable ground for using land or
property for such implementation or such
implementation may cause serious damages to the
utilization of land or property to the Commission for
its decision within thirty days as from the date of
receiving informing note. The decision of the
Commission shall be final.
When the period notified by the Commission
under paragraph three has lapsed and the licensee has
paid the compensation for the use of land or property
under Section 40, the licensee shall have the right to
use land or property for the implementation under
paragraph two and shall comply with the criteria
prescribed in notification of the Commission which
shall not cause annoyance or affect natural
surroundings and shall not reduce, in excess of what is
reasonable, the benefit from the utilization of that
land.

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 Section 40 The licensee shall pay the
compensation for the use of land under Section 39 at
the amount prescribed by the Commission.
In the case where the authorized official in
charge of the land or property, the land owner or land
tenant, or the property owner or property possessor
does not accept the compensation under paragraph
one, the licensee shall deposit that compensation with
the Commission in accordance with the criteria
prescribed by the Commission.
The licensee, the land owner or the official in
charge of the land who is not satisfied with the
compensation under paragraph one shall have the
right to enter an action in the Administrative Court.

Section 41 When the authorized State official

in charge of the land or property, or the land owner or
land tenant has been notified in advance under the
criteria prescribed by the Commission, the licensee
shall have the right to lay lines above or across the
land which is domaine public of State or owned by
another person without consent if such
implementation does not affect the utilization of that
land.

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 The authorized State official in charge of the
land or property, the land owner or land tenant may
inform the licensee to lay lines in the area where the
utilization of land will not be affected. If any damage
is caused from such implementation, they shall have
the right to request for the compensation from the
licensee. In this regard, the provisions of Section 39
and Section 40 shall apply, mutatis mutandis.
The provisions of this Section shall also apply
to the implementation under Section 39 paragraph two
(1), mutatis mutandis.

Section 42 The licensee may enter the land on

which the telecommunications network, poles, lines,
ducts or other equipment are located for the purpose
of inspection, maintenance, repair or prevention from
possible harm or damage. In this regard, the licensee
shall inform the land tenant, in writing, not less than
thirty days in advance except for the case of
emergency that requires immediate correction for
which the licensee may promptly enter the land.
If there is any damage arising from the
implementation under paragraph one, the injured
person shall have the right to claim for the
compensation from the licensee.

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 Section 43 In the case where the
telecommunications equipment of users causes
interference or may cause damage to
telecommunications network or device used for
telecommunications business of the licensee, the
licensee shall inform the user, in writing, to change or
modify that equipment within a reasonable period.
In the case where the user does not take action
as informed in writing under paragraph one and the
use of such equipment still causes interference or may
cause damage to the telecommunications network or
device used for telecommunications business of the
licensee, the licensee may suspend the service for that
user until the action required has been taken.
In the case of necessity and compelling, the
licensee may immediately suspend the supply of
telecommunications service and inform the user later.

Section 44 Any person is prohibited to cause

damage, destruction, depreciation in value, or render
useless to the telecommunications network, poles,
lines, ducts, transmitters, receivers, or any other
equipment used for the supply of telecommunications
service, or telecommunications service station.

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 For the purpose of this Section, the
Commission may prescribe in notification the
measure for the protection of various objects under
paragraph one, as it deems necessary.

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 CHAPTER V
Rights of User

Section 45 Any person who suffers from the

supply of telecommunications service of the licensee
shall have the right to lodge a petition, in writing, to
the Commission, through the Office.
The petition under paragraph one shall specify
definitive facts and shall be submitted together with
other related evidences, if any.
During the petition consideration, the
Commission shall, if requested by the petitioner, have
the power to direct the licensee to take temporary
action in order to remedy the damage caused to that
petitioner.

Section 46 The Commission shall complete

the petition consideration within thirty days as from
the date of receiving the petition. In this regard, the
parties concerned shall have opportunities to give a
responded statement of facts and produce evidence. In
the case where the Commission deems that the
licensee has committed an act that violated the laws,
licensing conditions, contract for the supply of service

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or did not comply with standard of service, the
Commission shall have the power to order the
licensee for the correction thereof within a specified
period.

Section 47 In the case where the user is of the

opinion that the licensee has collected fee or tariff
higher than the maximum rate prescribed by the
Commission under Section 55 or higher than that
collected from other users of similar nature or
categories of service, or the user is of the opinion that
the licensee has incorrectly collected fee or tariff, the
user shall have the right to request information of his
or her service usage from the licensee.
The licensee shall provide user the information
under paragraph one within a reasonable period which
shall not exceed thirty days as from the date of
request. The licensee shall, if requested by the user,
provide a document certifying the correctness of
information. In this regard, the licensee may charge
the user a fee which shall not be in excess of what is
reasonable and shall be in accordance with the criteria
prescribed by the Commission.

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 Section 48 In the case where there is a
reasonable doubt that the licensee has collected fee or
service charge in any manner under Section 47
paragraph one, the user shall have the right to lodge a
petition to the Commission, and the provisions of
Section 45 and Section 46 shall apply, mutatis
mutandis.
In the petition consideration under paragraph
one, the licensee shall have the duty to verify the fact
to confirm the correctness of the collection of fee or
tariff.

Section 49 The user shall have the right to use

his or her own telecommunications equipment in
obtaining the service from the licensee.
Collection of fee for using his or her own
telecommunications equipment in obtaining the
service from the licensee shall be in accordance with
the rate and criteria prescribed by the Commission.
In supplying the telecommunications service,
the licensee shall not specify the service conditions
that force the user to use only the equipment supplied
or specified by the licensee, except for certain
telecommunications service which has a technical
requirement to use only equipment specified by the
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licensee. The licensee may specify such conditions
only after obtaining the approval from the
Commission. Nonetheless, such specification of the
type of telecommunications equipment shall not bar
the rights of users who can acquire by themselves, the
specified telecommunications equipment in obtaining
the service. In this regard, the licensee shall not refuse
the user the supply of or the access to his or her own
service.

Section 50 The Commission shall prescribe

the measure for consumer protection on matters
pertaining to personal data, right of privacy and
freedom to communicate by means of
telecommunications
The licensee shall have the duty to comply with
the measure prescribed by the Commission under
paragraph one.
When it is found that there is a person who
violates the rights of users under paragraph one, the
licensee or the Commission shall take action to
terminate such violation and inform the user without
delay.

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 CHAPTER VI
Contract for the Supply of Telecommunications
Service

Section 51 Any contract between the licensee

and the user and any condition in relation to the
supply of telecommunications service specified by the
licensee including the amendment thereof shall be
approved by the Commission before taking effect.
The contract and condition that are valid for
approval by the Commission shall at least:
(1) contain provision which clearly and
fairly defines duties and responsibilities of the
licensee and the user;
(2) contain provision in relation to the
standard of service supplied by the licensee;
(3) contain provision in relation to the
category and scope of the service expense which shall
be complete and fair, and also contain provision
guaranteeing that there shall be no charges apart from
that specified;
(4) contain no provision which limits the
user’s utilization without reasonable ground;

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 (5) contain no provision in a manner that
causes a discrimination, preference or obstacle to
other licensees, or unfairness to any party.
When the licensee obtained the approval from
the Commission for any contract or condition, the
licensee shall have the right to apply such contract or
condition to the user.
For the purpose of this Section, the
Commission shall have the power to issue notification
prescribing the standard criteria of contract and
condition regarding the supply of telecommunications
service, and may also prescribing the contract or
condition in particular matter that does not require the
approval from the Commission.
In the case where there is a law providing
criteria in making the contract for the supply of
telecommunications service for consumer protection,
the licensee shall also have the duty to comply with
such criteria.

Section 52 The licensee shall disseminate to

the public the contract format and the imposition of
condition for the supply of service according to the
procedure prescribed by the Commission, and shall

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display it at a conspicuous place in his or her office
for public verification.

Section 53 In the case where the licensee has

advertised to guarantee standard of quality in the
supply of telecommunications service, he or she shall
have the duty to act in conformity with that
advertisement.
If the licensee fails to supply the
telecommunications service as advertised, the
Commission shall have the power to order the
licensee for the correction thereof.

Section 54 Any contract or agreement for the

business operation and the supply of
telecommunications service prescribed in notification
of the Commission, to be made by the licensee with
foreign governments, international organizations and
natural person or juristic person residing in a foreign
country, including the amendment thereto or
cancellation thereof, shall be approved by the
Commission before taking effect, except for the case
of regular procurement.
Within thirty days as from the date of making
contract or agreement, the licensee shall submit the
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copies of all contracts or agreements made with
foreign governments, international organizations and
natural person or juristic person residing in a foreign
country to the Commission according to the criteria
prescribed by the Commission, except the contract or
agreement in relation to procurement, or a contract or
agreement that the Commission prescribed in
notification for the exemption of the submission.
In the case where the Commission deems that a
contract or agreement is made without the approval
under paragraph one, or its execution is different from
that approved by the Commission, the Commission
shall have the power to order the licensee for the
correction thereof in accordance with the criteria and
within the period prescribed by the Commission. If
the licensee fails to take action within the specified
period, it shall be deemed as a cause for license
revocation.

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 CHAPTER VII
Fee and Tariff in Telecommunications Service

Section 55 The Commission shall prescribe in

notification the categories and maximum rate of fee
and tariff that the licensee can charge the user
according to the nature and categories of
telecommunications service.

Section 56 The setting of the maximum rate

of fee and tariff under Section 55 shall:
(1) be expressed by clear calculating method;
(2) be fair to both the licensee and the user;
(3) not cause a discrimination, preference or
obstacle to the user or any person.

Section 57 Each licensee shall not charge fee

or tariff other than or in excess of the maximum rate
prescribed by the Commission under Section 55, and
shall not set the rate of fee or tariff in such a way that
causes an anti-competitive behavior which restricts a
fair competition. In this regard, the licensee shall
charge the user the same rate for similar nature or
categories of telecommunications service.

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 The Commission may prescribe that the
licensee reduce or exempt fee or tariff charged for the
service that is used to provide information and
knowledge for the benefit of promoting the
knowledge of people in accordance with the criteria
prescribed by the Commission.

Section 58 The licensee shall not collect

deposit or any other advanced payments.
Violation of or failure to comply with the
provisions of this Section by the licensee shall be
deemed as a cause of serious damage to the public
interest.
The provision of this Section shall apply to the
contract for the supply of telecommunications service
made under this Act.

Section 59 The licensee shall provide for the

dissemination to the public, and shall inform all users
the rate of fee and tariff in accordance with the
procedure prescribed by the Commission, and shall
display it at a conspicuous place in his or her office
for public verification.
As it deems appropriate, the Commission may
prescribe that the licensee shall provide for a
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notification system on fee and tariff to inform the
user, upon request, in advance prior to each usage.
Such service shall be free of charge.

Section 60 In the case where there is a change

in economic or social situation, or there is any matter
which causes the maximum rate for fee or tariff
prescribed by the Commission under Section 55 no
longer appropriate, leading to advantages and
disadvantages among licensees or posing undue
burden to the user, the Commission may revise the
rate of fee or tariff to be appropriate.

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 CHAPTER VIII
Regulatory Enforcement

Section 61 To perform duty under this Act,

the competent official shall have the power and duties
as follows:
(1) to enter a building or operating site of the
licensee between sunrise and sunset, or during the
business hours of such place for the purpose of
inspection of business operation, book of account,
document or related information including any action
that may violate this Act or fail to comply with the
provision of the license;
(2) to address a writing to summon any
person to give statements or to deliver any document
or object for consideration;
(3) to inspect and gather facts, and report to
the Commission in the case where the licensee has
committed an offence or caused damages as a result of
failure to comply with this Act or with the prescribed
licensing conditions.
Relevant person shall appropriately facilitate
the performance of duties of the competent official
under paragraph one.

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 After having entered and inspected under
paragraph one, if the inspection has not been
completed, the competent official may continue the
inspection even after sunset or after business hours.
The performance of duties of the competent
official under this Section shall be in accordance with
the criteria prescribed in notification of the
Commission. Such notification shall also indicate the
position of competent official who will exercise
power and duties under this Section, and indicate the
reason and necessity for his or her right to exercise the
power and duties under this Section in each case.
In the performance of duties under this Act, the
Commissioners and competent officials shall be
officials under the Criminal Code.

Section 62 In the performance of duties, the

competent official shall present identification card to
the person concerned.
The identification card shall be in accordance
with the form prescribed by the Commission.

Section 63 In case of emergency or necessity

to maintain public order, national security or
economic stability or to protect the public interest, the
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Commission may order the competent official to take
possession of and use the devices and equipment of
the licensee for the operation, or authorize a State
agency to temporarily take charge of such operation,
or order the licensee or his or her employees to take
certain action until the end of such emergency or
necessity.
In the performance of duties under paragraph
one, if the competent official has caused damages to
the licensee, that licensee shall, on justifiable ground,
have the right to claim for compensation for such
damages from the Office.

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 CHAPTER IX
Administrative Enforcement

Section 64 In the case where it appears to the

Secretary-General that the licensee violates or fails to
comply with Section 9 paragraph five, Section 11,
Section 12 paragraph two or paragraph three, Section
13 paragraph two, Section 15, Section 17, Section 18,
Section 20, Section 22, Section 23, Section 24,
Section 25, Section 26 paragraph two, Section 27,
Section 28, Section 29, Section 33, Section 34,
Section 38, Section 45 paragraph three, Section 46,
Section 49, Section 50, Section 51, Section 52,
Section 53, Section 54, Section 56, Section 57,
Section 58 or Section 59, the Secretary-General shall
have the power to order the licensee to terminate such
violation, or to correct, or to act in appropriate manner
within a specified period.

Section 65 In the case where the licensee is

not satisfied with the order of the Secretary-General
under Section 64, he or she shall have the right to
appeal to the Commission within fifteen days as from
the date of receiving such order. The decision of the
Commission shall be final.
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 Section 66 In the case where the licensee does
not comply with the order of the Secretary-General
under Section 64 and the period for an appeal under
Section 65 has lapsed, or the Commission decides to
uphold such order of the Secretary-General, and the
Secretary-General has addressed a warning writing to
the licensee but there is no action taken in compliance
with the order, the Secretary-General shall stipulate
administrative fine under the law on administrative
procedure which shall not be less than twenty
thousand Baht per day.
In the case where the licensee neglects to act in
appropriate manner or violates the license suspension
order, or in the case of serious damage to the public
interest, the Commission shall have the power to
suspend or revoke the license.
Any offence that is subjected to the license
suspension or license revocation shall be in
accordance with notification prescribed by the
Commission.

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 CHAPTER X
Penalties

Section 67 Any person who operates

telecommunications business or uses the radio-
frequency spectrum for telecommunications business
without obtaining permission shall be liable to the
following penalties:
(1) if an offence is a business operation that
requires Type One license, that person shall be liable
to a fine not exceeding one hundred thousand Baht;
(2) if an offence is a business operation that
requires Type Two license, that person shall be liable
to imprisonment for a term not exceeding two years or
to a fine not exceeding one million Baht or to both;
(3) if an offence is a business operation that
requires Type Three license, that person shall be liable
to imprisonment for a term not exceeding five years or
to a fine not exceeding ten million Baht or to both.
In the case where the Court gives a judgment
declaring that the offender is guilty under this Act, the
Court shall order to forfeit all equipment, devices and
any object used in committing the offence.

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 Section 68 Any licensee who expands the
supply of service without permission under Section 14
shall be liable to imprisonment for a term not
exceeding three years or to a fine not exceeding six
hundred thousand Baht or to both.

Section 69 Any licensee who violates Section

21 shall be liable to imprisonment for a term not
exceeding three years or to a fine not exceeding six
hundred thousand Baht or to both, and in the case of a
repeated violation, the penalty shall be twice.

Section 70 Any licensee who fails to comply

with the order of the Commission under Section 31
shall be liable to imprisonment for a term not
exceeding three years or to a fine not exceeding six
hundred thousand Baht or to both.

Section 71 Any person who conducts the test

or certification of telecommunications equipment
without permission under Section 36 shall be liable to
imprisonment for a term not exceeding three months
or to a fine not exceeding fifty thousand Baht or to
both.

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 Any licensee who is authorized to establish a
conformity assessment body fails to comply with the
conditions prescribed by the Commission under
Section 36 paragraph four, that licensee shall be liable
to a fine not exceeding ten thousand Baht.

Section 72 Any person who violates Section

44 paragraph one but does not cause malfunction to
telecommunications system shall be liable to
imprisonment for a term not exceeding six months or
to a fine not exceeding one hundred thousand Baht or
to both.

Section 73 Any person who causes damage,

destruction, depreciation in value or renders useless to
the sign, buoy or any other object setting up to protect
telecommunications system according to the measures
prescribed in notification of the Commission under
Section 44 paragraph two shall be liable to
imprisonment for a term not exceeding two years or to
a fine not exceeding four hundred thousand Baht or to
both.

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 Section 74 Any person who commits an act of
illegal interception, utilization or disclosure of
message, information or any other data by means of
telecommunications shall be liable to imprisonment
for a term not exceeding two years or to a fine not
exceeding four hundred thousand Baht or to both.

Section 75 Any person who fails to facilitate

the performance of duties of the competent official
under Section 61 paragraph one (1), or fails to give
statements or fails to deliver any document or object
as summoned in writing by the competent official
under Section 61 paragraph one (2), shall be liable to
imprisonment for a term not exceeding one month or
to a fine not exceeding ten thousand Baht or to both.

Section 76 Any person who obstructs the

performance of duties of the competent official under
Section 63 paragraph one shall be liable to
imprisonment for a term not exceeding six months or
to a fine not exceeding one hundred thousand Baht or
to both.

Section 77 The Commission shall have the

power to settle all offences under this Act for which
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the penalty is the imprisonment for a term not
exceeding six months. In this regard, the Commission
may appoint a sub-committee to settle the offence on
its behalf, and may prescribe the settlement criteria or
any condition for the performance of duties of the
sub-committee.
In the case where the commission of the
offence is appeared to an inquiry official and the
offender consents to be settled, the inquiry official
shall, without delay, deliver the matter to the
Commission for the settlement of such offence.
When the offender has paid the fine under the
settlement, the case shall be deemed as settled under
the Criminal Procedure Code.

Section 78 In the case where the offender who

is subjected to the punishment under this Act is a
juristic person, managing director, manager or any
person responsible for the operation of that juristic
person shall also be liable to the penalty as provided
for such offence unless such action is proved to be
committed without his or her acknowledgement or
consent is proved.

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 Transitory Provisions

Section 79 The Commission shall issue the

telecommunications business licenses under this Act
to the Communications Authority of Thailand and the
Telephone Organization of Thailand according to the
nature and categories of business operation, scope of
service as well as the right to supply the
telecommunications services which are under the
responsibilities of the Communications Authority of
Thailand and the Telephone Organization of Thailand
on the date this Act comes into force. In this regard,
the issuance of such licenses shall be performed no
later than one hundred and eighty days as from the
date the Commission has prescribed in notification the
licensing criteria under Section 8.
In issuing the licenses under paragraph one, the
Commission shall prescribe conditions in relation to
the business operations of the Communications
Authority of Thailand and the Telephone
Organization of Thailand as appropriate, having due
regard to the benefits of people who are currently
using the services and to the development toward

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quality and efficient service or any other matter in
order to achieve the objectives of this Act.
The Communications Authority of Thailand
and the Telephone Organization of Thailand shall
furnish information in relation to their
telecommunications businesses to the Commission
within thirty days as from the date this Act comes into
force.
During the absence of licenses under paragraph
one, the Communications Authority of Thailand and
the Telephone Organization of Thailand shall be able
to continue their telecommunications businesses.

Section 80 In operating the

telecommunications business of the Communications
Authority of Thailand or the Telephone Organization
of Thailand under the license issued under Section 79,
if those agencies have granted authorization,
concession or contract to any person as a
telecommunications business operator prior to the
date this Act comes into force, that person shall have
the right to continue the telecommunications business
under the existing scope and right associated with
such authorization, concession or contract until their
termination.

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 The telecommunications business of the person
who has been granted authorization, concession or
contract under paragraph one shall be under the
criteria prescribed under this Act, and in accordance
with the conditions prescribed by the Commission on
the basis of free and fair competition. In this regard, it
shall be deemed that the person who operates such
business shall have the same rights, duties and
liabilities as the licensee under this Act. For any
commission of the offence which is deemed as a cause
of license revocation by the Commission, if such
offence is committed by the person who has been
granted authorization, concession or contract, the
Commission shall have the power to order the
revocation of that authorization, concession or
contract.
Any agreement to amend the conditions of
authorization, concession or contract which does not
reduce or restrict the right to operate the
telecommunications business in the remaining period
of validity of that authorization, concession or
contract shall not be deemed as an act that has effect
on the validity of such authorization, concession or
contract.

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 In the case where the person who has been
granted authorization, concession or contract make an
agreement with the Communications Authority of
Thailand or the Telephone Organization of Thailand
to convert such authorization, concession or contract
into a license under this Act, the Commission shall
issue a license to that person specifying the right to
operate telecommunications business under the
existing scope of service which is earlier agreed by
the parties, and within the remaining period of validity
of that authorization, concession or contract insofar as
it is not contrary to or inconsistent with the provisions
of this Act. Section 79 shall apply for the issuance of
such license, mutatis mutandis.
The provisions of this Section shall apply,
mutatis mutandis, to the person who has been granted
authorization, concession or contract by other State
agencies as existing on the date this Act comes into
force.

Section 81 When the Commission has

prescribed in notification the licensing criteria under
Section 8, if the person who is legally supplying the
telecommunications service for the period of not less
than one hundred and twenty days prior to the date the

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Commission has prescribed the licensing criteria and
who is not under the provisions of Section 79 and
Section 80 intends to continue the supply of service,
he or she shall submit an application for a license
under this Act within ninety days as from the date the
Commission prescribed such notification. During the
consideration period, that person shall be able to
continue the supply of telecommunications service.
The Commission shall complete the consideration of
license application within ninety days as from the date
of receiving the application.
The provisions of paragraph one shall apply,
mutatis mutandis, to the case where the Commission
has prescribed in notification the additional nature and
categories of telecommunications service after the
notification under paragraph one.

Countersigned by:
Police Lieutenant Colonel Thaksin Shinawatra
Prime Minister

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NBTC Thailand 174
 UNOFFICIAL TRANSLATION
TELECOMMUNICATIONS BUSINESS
ACT (No. 2) B.E. 2549 (2006)

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 UNOFFICIAL TRANSLATION
TELECOMMUNICATIONS BUSINESS
ACT (No. 2) B.E. 2549 (2006)
----------------
BHUMIBOL ADULYADEJ, REX;
Given on the 9th Day of January B.E. 2549 (2006);
Being the 61st Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is

graciously pleased to proclaim that:
Whereas it is expedient to amend the law on the
telecommunications business; Whereas this Act
contains certain provisions regarding the restriction of
the rights and freedom of an individual as permitted to
be done under the law by Article 29 together with
Article 50 of the Constitution of the Kingdom of

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Thailand; therefore, enacted by the King, by and with
the advice and consent of the National Assembly, as
follows:
Section 1 This Act is called the
“Telecommunications Business Act (No. 2) B.E. 2549
(2006).”

Section 2 This Act shall come into force as

from the day following the date of its publication in
the Government Gazette.

Section 3 Section 8 paragraph three (1) of

the Telecommunications Business Act B.E. 2544
(2001) shall be repealed and replaced by the
following: “(1) the applicant for Type Two and Type
Three Licenses shall not be a foreigner under the law
on foreign business. In this regard, the Commission
may prescribe the prohibition that the applicant for
certain nature or categories of telecommunications

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business who is a juristic person shall not commit any
act which has the nature of business takeover by a
person who is not of Thai nationality;”

Section 4 Section 58 paragraph one of the

Telecommunications Business Act B.E. 2544 (2001)
shall be repealed and replaced by the following: “The
licensee shall not collect deposit or any other payment
of the deposit nature. The collection of pre-paid
service charge shall be in accordance with the criteria
or conditions prescribed by the Commission for the
benefit of consumer protection or the public interest.”

Section 5 The following shall be added as

Section 80/1 of the Telecommunications Business Act
B.E. 2544 (2001)
“Section 80/1. For the benefit of the operations
under Section 79 and Section 80, the Communications
Authority of Thailand or the Telephone Organization

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of Thailand shall mean the companies established by
converting the capital of the Communications
Authority of Thailand or the Telephone Organization
of Thailand into equity shares of the respective
companies under the state enterprise corporatization
law in order to operate the telecommunications
business.”

Countersigned by: Pol. Lt. Col. Thaksin Shinawatra

Prime Minister

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Remark : There are a number of reasons for the
promulgation of this Act. As certain nature or
categories of telecommunications business are capital
intensive and rely on high technology, dependence on
foreign capital and technology is still necessary. The
prescription of the qualification of the applicant for
Type Two and Type Three licenses to have the
shareholding proportion of Thai nationals of not less
than seventy-five percent of the total capital has
caused problems and hindrance to fund mobilization
from foreign investors, or in case of joint venture with
foreign parties, the mentioned foreign shareholding
limit has posed a constraint. This has hindered both
existing or new licensees’ expansion of their
telecommunications networks or technology to
efficiently provide services to the public. It is
therefore deemed appropriate to rectify the control on
the shareholding proportion so as to facilitate fund
mobilization from foreign investors. Besides, the
provision that has prohibited the licensees from
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collecting any other advanced payments besides the
deposit may lead to an understanding that the
collection of pre-paid service charge is also prohibited
despite the fact that it is not a deposit taking. This
could cause a negative effect on the pre-paid
telecommunication service, a service which has
become increasingly popular and recorded a very high
market growth rate as the system provides the users
with convenience and enables them to control their
expenses.
It is therefore deemed proper to prescribe a
provision to specifically state that the licensees are not
allowed to collect deposit or any other payment of the
deposit nature. In addition, as the Communications
Authority of Thailand and the Telephone
Organization of Thailand have now changed their
status by virtue of the state enterprise corporatization
law that may cause a confusion in the implementation
in compliance with Section 79 and Section 80 of the
Telecommunications Business Act B.E. 2544 (2001),
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it is therefore deemed appropriate to define the two
organizations as the companies established by
corporatizing the assets in order to operate the
telecommunications business. For all the above
reasons, this law shall be enacted.

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 UNOFFICIAL TRANSLATION
OPERATION OF THE SOUND
BROADCASTING SERVICE AND THE
TELEVISION BROADCASTING
SERVICE ACT B.E. 2551 (2008)

NBTC Thailand 183

 UNOFFICIAL TRANSLATION
OPERATION OF THE SOUND
BROADCASTING SERVICE AND THE
TELEVISION BROADCASTING
SERVICE ACT B.E. 2551 (2008)
----------------
BHUMIBOL ADULYADEJ, REX.
Given on the 26th Day of February B.E.2551
(2008);
rd
Being the 63 Year of The Present Reign.

By the royal command of His Majesty King

Bhumibol Adulyadej, it is hereby proclaimed that:
Whereas it is appropriate to enact the law on
the operation of the sound broadcasting service and
the television broadcasting service;
This Act contains provisions pertaining to the
restriction of the rights and freedom of persons by
which the provisions in Article 29, in relation to
Article 32, Article 33, Article 35, Article 36, Article
NBTC Thailand 184
41, Article 43, Article 45, Article 46, and Article 47,
of the Constitution of the kingdom of the Thailand
authorize and require the enactment of the
empowering law;
Therefore, His majesty the king, by and with
advice and consent of the National Legislative
Assembly, is graciously pleased to promulgate the Act
as follows

Section 1 This Act shall be called “Operation

of the Sound Broadcasting Service and the Television
Broadcasting Act B.E. 2551 (A.D. 2008)

Section 2 This Act shall come into force on

the day following the day on which it is published in
the Government Gazette.

Section 3 The following shall be repealed:

1. Radio Broadcasting and Television
Broadcasting Act B.E. 2498 (A.D. 1955 )
2. Radio Broadcasting and Television
Broadcasting Act (No.2) B.E. 2502 (A.D. 1959);
3. Radio Broadcasting and Television
Broadcasting Act (No.3) B.E. 2521 (A.D. 1978);
NBTC Thailand 185
 4. Radio Broadcasting and Television
Broadcasting Act (No.4) B.E. 2530 (A.D. 1987);

Section 4 In this Act:

“Sound Broadcasting Service” means the
sound broadcasting service under the law on the
organization allocating frequencies and regulating the
radio broadcasting, television broadcasting and
telecommunications services.
“Television Broadcasting Service” means the
television broadcasting service under the law on the
organization allocating frequencies and regulating the
radio broadcasting, television Broadcasting and
telecommunication services.
“Sound Broadcasting Service or Television
Broadcasting Service Using Frequencies” means
the sound broadcasting service or the television
broadcasting service required to apply for frequency
allocation under the law on the organization allocating
frequencies and regulating the broadcasting, television
broadcasting and telecommunication service.
“Sound Broadcasting Service or Television
Broadcasting Service Not Using Frequencies”
means the television broadcasting service or the
television broadcasting service not required to apply
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for frequency allocation under the law on the
organization allocating frequencies and regulating the
radio broadcasting, television broadcasting and
telecommunication service.
“Network” means connecting system among
the groups of equipment transmitting or broadcasting
sound or pictures which sound broadcasting service or
television broadcasting service providers used in
transmitting public information or program form a
station to a receiver whether via wire conductor,
frequencies, light, electromagnetic wave or any other
conductor.
“Network Owner” means a person who owns
network or has a right to operate network Service
regardless whether he or she is a sound broadcasting
service or television business operator.
“Station” means a place used for transmitting
public broadcasting service either via its own network
or networks of others information or programs of the
operation of sound.
“Fund” means the fund for development of
sound broadcasting service or television broadcasting
service for public interest under the law on the
organizations to assign radio-frequency spectrum and

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to regulate the sound broadcasting, television
broadcasting and telecommunications services.
“Master Plan for Sound Broadcasting
Service or television Broadcasting Service” means
the master plan for sound broadcasting service or
television broadcasting service under the law on the
organization allocating frequencies and regulating the
radio broadcasting, television broadcasting and
telecommunications services.
“Frequencies” means radio wave or Hertzian
wave which is electromagnetic wave of frequencies
lower than three million megahertz broadcasting in a
space without any invented conductor.
“Commission” means the National
Broadcasting and Telecommunications under the law
on the organization allocating frequencies and
regulating the radio broadcasting, television
broadcasting and telecommunications services.
“Commissioner” means the member of the
National Broadcasting and Telecommunications
Commission
“Office” means the Office of the National
Broadcasting and Telecommunications Commission

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 “Secretary General” means the Secretary
General of the National Broadcasting
Telecommunications Commission
“Officer” means a person appointed by the
National Broadcasting Telecommunications
Commission to perform duties under this Act.

Section 5 The Commission shall have the

authority to appoint the official and issue notifications
for the implementation of this Act.
Notifications of the Commission under this Act
are required to hold public hearing for comments of
concerned persons.
Notifications of the commission under this Act
are required to hold public hearing for comments of
concerned persons.
The notification shall come into force upon
publication in the Government Gazette.

Section 6 The Prime Minister shall be in

charge of the implementation of this Act.

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 CHAPTER I
Operation Sound Broadcasting Service or
Television Broadcasting Service
__________________

Section 7 Any person operating the Sound

Broadcasting Service or the Television Broadcasting
service is required to obtain a license from the
Commission pursuant to this CHAPTER.
The Commission shall have the authority to
determine the nature of business not being considered
as the operation of the Sound Broadcasting service
and the Television Broadcasting Service under this
Act.

Section 8 The applicant for a license under

this Act must be of Thai nationality and his or her
license must not be under suspension or has been
under a period of revocation having not yet been full
three years.

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 Section 9 The license for operating the
Sound Broadcasting Service and the Television
Broadcasting Service shall be an exclusive right of the
licensee and shall not be transferred.
The licensee for the Sound Broadcasting
Service and the Television Broadcasting Service Shall
operate the service by himself or herself. Apportion of
time to other persons to carry out a program shall be
allowed in accordance with rules and procedures
prescribed by the Commission Act.

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 PART I
Sound Broadcasting Service or Television
Broadcasting Service Using Frequencies
__________________

Section 10 Licenses for operating the Sound

Broadcasting or Television Broadcasting Service
Using Frequencies are categorized three types as
follows:
(1) the public service license, which is
license granted for the service with main objectives to
provide public services, shall be divided into three
categories as follows
(a) the public service license category
one is to be granted for the sound Broadcasting
Service or the Television Broadcasting Service having
the main objectives to promote knowledge,
educations, religions, arts and cultures, sciences,
technologies and environment, agricultures; and to
promote other occupations, health, sanitary, sports or
quality of life of the public.
(b) the public service license category
two is to be granted for the Sound Broadcasting

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Service or the Television Broadcasting Service having
the main objectives on the national security or public
safety.
(c) the public service license category
three is to be granted for the Sound Broadcasting
Service or the Television Broadcasting Service having
the main objectives for distribution of news and
information to promote good understandings between
the government and the people, and between the
Parliament and the public distribution of news and
information to promote and support on dissemination
and provision of education to the public pertinent to
the administration as public interests to handicapped
persons, less opportunity persons or the concerns with
public benefit activities; or provision of other news
and information being beneficial to other public
interests.
(2) the community service license is a
license granted for the service with the same objective
as that of the public service license, provided that it
must be beneficial to the needs of community or
locality receiving the service.
(3) the commercial service license, which is
a license granted for the service in accordance with
the objective of the operator for seeking business

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profit pursuant to the rules prescribed by the
Commission, shall be at least categorized into three
types:
(a) the national commercial service is
to be granted for the Sound Broadcasting Service or
the Television Broadcasting Service having service
areas covering all regions of the country.
(b) the regional commercial service
license is to be granted for the Sound Broadcasting
Service or the Television Broadcasting Service having
service areas covering group of provinces.
(c) the local commercial service
license is to be granted for the Sound Broadcasting
Service or the Television Broadcasting having service
areas in provincial level.

Section 11 The applicant for the public

services license shall be:
(1) a ministry, government bureau,
department, independent organization according to the
Constitution, local administrative organization, public
organization or any other government agency not
being a state enterprise having the duties under the
law or the necessity to operate radio or the sound
broadcasting Service or the Television Broadcasting
NBTC Thailand 194
Service pursuant to the rules prescribed by the
Commission.
(2) an association, foundation or any other
juristic person established under Thai law having the
objective to provide public service without seeking
business profits which is appropriate to the operation
of public service pursuant to the nature and rules
prescribed by the Commission.
(3) an educational institute learning and
teaching or disseminating knowledge to society
pursuant to the nature and rules prescribed by the
Commission.

Section 12 The applicant for the community

services license shall be an association, foundation or
other juristic person established under the Thai law
not being governmental agency, and having the
objective to provide public service without seeking
business profits; or a group of people in the locality
not being a juristic person which gathers to strengthen
the community, provided that is must be appropriate
to the operation of the community service pursuant to
the nature prescribed by the Commission.
In prescribing the nature under paragraph one,
the Commission shall take into account the benefit in

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promoting the effectiveness of the Sound
Broadcasting Service and the Television Broadcasting
Service to respond to the diversified needs of people
in the community and locality, including preventing
the taking over of such service.

Section 13 The applicant for the commercial

service license shall be a juristic person established
under Thai law and have the following qualifications:
(1) the applicant for the regional and local
commercial service license shall be a juristic person
with not less than one thirds of its holders of capital
shares or investors having domiciles in such region or
locality, as the case may be, and shall have stable
financial status, accounting audit system and any
other nature that guarantees the stability of the
operation as prescribed by the Commission.
(2) the applicant for the types of service
license other than those in (1) shall be a state enterprise
or company established under Thai law with the main
objective to operate the Sound Broadcasting Service
and the Television Broadcasting Service.

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 Section 14 The applicant for license under
Section 11(2) and (3) and Section 12 shall, in addition to
having the qualifications and not possessing the
prohibitions under Section 8, have the qualifications
and not possess the prohibition as follows:
(1) a person authorized for the applicant
shall have Thai nationality;
(2) there shall be no director or person
authorized to act for the applicant being a director or a
person authorized to act for another licensee whose
license was revoked as a consequence of business
management of such person and it has not yet been
three years since the revocation.

Section 15 The applicant for the license under

Section 13 shall, in addition to having the
qualifications and not possessing the prohibitions
under Section 8 and Section 14, have the
qualifications as follows:
(1) being a juristic person having Thai
nationals investing or holding capital not less than
three fourth of the capital of such juristic person;
(2) being a juristic person having Thai
nationals having voting power under the law or its
Articles of Association or an agreement on voting
NBTC Thailand 197
rights of not less than three fourths of the total eligible
votes in such juristic person.
In case the applicant for the license under
Section 13 is a company, not less than three fourths of
the total number of directors and person authorized to
act for such juristic person shall have Thai nationality.
In case the applicant for the license under
Section 13 is a limited or registered ordinary
partnership, it managing partners or managers shall
have Thai nationality.
The Commission may prescribe the prohibition
against any act in a manner of taking over by an alien
for the applicant for a license to comply with.
For the purpose of this Section, it shall be
deemed that a Thai national means a person who is
not an alien under the law governing alien business
operation and a share held or invested by a Thai
national shall be counted as one share for one vote.

Section 16 The filing of an application for a

license and the granting of the license shall be made
in accordance with the rules, measures and conditions
prescribed by the Commission. The applicant for the
license shall specify the Station, system and procedure
to be used in transmission of radio broadcasting and
NBTC Thailand 198
television broadcasting, including proposing the
service plan for the Sound Broadcasting Service or the
Television Broadcasting Service to the Commission
for consideration.
The Notification under paragraph one shall be
in consistent with the Master Plan for Sound
Broadcasting Service and Television Broadcasting
Service and a radio frequency plan under the law on
the organization allocating frequencies and regulating
the radio broadcasting television broadcasting and
telecommunications service.

Section 17 In granting the license to operate

the Sound Broadcasting Service or Television
Broadcasting Service Using Frequencies, the
Commission Shall issue the license by taking into
consideration the mission or objective of the service
and the issuance shall be in compliance with the
proportion of allocated Frequencies as prescribed by
the law on the organization allocating frequencies and
regulating radio broadcasting, television broadcasting
and telecommunications services as follows:
(1) for the issuance of the public license,
duties under the law or necessity for the public service

NBTC Thailand 199

shall be taken into consideration and the Frequencies
allocated for the government sector shall be used.
(2) for the issuance of the community service
license, diversified needs, readiness and public
benefits of the community shall be taken into
consideration and the Frequencies allocated for
general public shall be used.
(3) for the issuance of the commercial, the
promotion of free and fair competition shall be taken
into consideration and the service operation that
provides news and information in proper portion shall
be supported and the Frequencies allocated for private
sector shall be used.

Section 18 The determination of the terms of

the Sound Broadcasting Service license and the
Television Broadcasting Service license shall be in
accordance with the rules prescribed by the
Commission by taking into consideration the payback
period, objectives of the service operation, business
development directions of the applicant, demands of
consumers, equal competition among operators
including the result of program quality assessment.
The Sound Broadcasting Service license shall
have a term not exceeding seven years.

NBTC Thailand 200

 The Television Broadcasting Service license
shall have a term not exceeding fifteen years.
In case of an expiration of the license under
paragraph two, the licensee shall submit a renewal
application at least ninety days but not exceeding one
year prior to the expiration date of the existing
license. In case of an expiration of the license under
paragraph three, the licensee shall submit a renewal
application at least ninety days but not exceeding two
years prior to the expiration date of the existing
license
Upon receiving the application under paragraph
four, the Commission shall consider and issue an
order within sixty days from the date of receipt of the
application. During such period, the licensee may
continue to operate the service until the Commission
shall collect the fee for such service operated pro rata.
The submission of the application and issuance
of the order under paragraph four and paragraph five
shall be made in accordance with the rules,
procedures, conditions and duration prescribed by the
Commission.

Section 19 The license fee shall be as

prescribed by the Commission in accordance with the
NBTC Thailand 201
law on the organization allocating frequencies and
regulating radio broadcasting, television broadcasting
and telecommunications service.
The licensee shall annually pay the free for the
use of the Frequencies and operation of the Sound
Broadcasting Service and Television Broadcasting
Service in each category of license at the rate
prescribed by the Commission.
The determination of the fee under paragraph
two shall not pose unreasonable burden to the
operators or service users. The Commission shall take
into consideration the public interest, worthiness,
scarcity and allocation procedure of resources.
The Commission may reduce or exempt the
license fee under paragraph one and paragraph two to
the applicant or the licensee under this Act if such
person can demonstrate to the Commission that its
operation of the Sound Broadcasting Service or the
Television Broadcasting Service contains news or
information programs which are beneficial to the
public in a higher proportion than that prescribed by
the Commission.
The rules and procedures under paragraph four
shall be in accordance with the regulations prescribed
by the Commission.

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 Section 20 In operating the Sound
Broadcasting service and The Television Broadcasting
Service, the Department of Public Relations, the
licensee of the public service license category one and
category three shall not generate revenues from
advertisements except for revenues generated from:
the advertisements or dissemination of news relating
to the work or activities of the government agencies or
state enterprises, associations, foundations or other
juristic persons having objectives for public interest
without seeking business profits; or the presentation
of image of the organization, company and business
without directly or indirectly advertising qualification,
benefit or quality of related products in accordance
with the rules prescribed by the commission.
In operating the Sound Broadcasting Service
and the Television Broadcasting Service, the licensee
of the public service license category two shall
generate revenues from advertisements to the extent
sufficient for its operation without emphasis on profit
making.

NBTC Thailand 203

 Section 21 In operating the Sound
Broadcasting Service and the Television Broadcasting
Service, the licensee of the community service license
shall not generate revenues from advertisements.

Section 22 The commission shall require the

license of the commercial service license to make the
annual contribution to the Fund in accordance with
the rate prescribed by the commission which shall not
exceed two percent of the gross revenue from direct
and indirect advertisements and other revenues related
to the operation of the Sound Broadcasting Service
and the Television Broadcasting Service being
permitted.
In case of the business operation on a
subscription basis, the annual contribution under
paragraph one shall be calculated from the
subscription fee, gross revenue from both direct and
indirect advertisements and other service fees related
to the service provided to the subscribers in
accordance with the rules prescribed by the
Commission.

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 Section 23 In the operation of the commercial
service, revenues shall be generated from
advertisements, business service provision,
subscription fees or by other means.
In case of the operation under paragraph one
with advertisements and business service provision,
the Commission shall have authority to prescribe the
rules on nature and maximum amount of time of
advertisements and business service provision which
shall not exceed twelve and a half minutes per hour
provided that total amount of time for advertisements
per day shall not exceed ten minutes per hour in
average.
In case of the operation under paragraph one on
a subscription basis or by collecting service fees, the
provision of Section 28 apply mutatis mutandis.
The licensee may adjust or change subscription
fees or service fees and the conditions of its service
provision under the rules prescribed by the
Commission under paragraph three provided that it
shall not prejudice the rights of the subscribers during
the period of the existing agreements.
In the notifications on the rules paragraph two
and paragraph three, the Commission shall take into
consideration the cost of service provision and fair

NBTC Thailand 205

competition among licensees under each category of
the licenses and fairness to licensees and consumers
as well.

Section 24 The licensee shall prepare the

financial status report stating true and correct
revenues and expenses and submit to the Commission
in accordance with rules prescribed by the
Commission.

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 PART II
Sound Broadcasting Service or Television
Broadcasting service Not Using Frequencies
__________________

Section 25 The operator of Sound

Broadcasting Service or Television Broadcasting
Service Not Using Frequencies shall have the
qualifications and not possess the prohibitions
accordance with Section 8, Section 14 and Section 15.
In determining the qualifications or prohibitions
of the applicant, the rules and procedures prescribed
in PART I Sound Broadcasting Service or Television
Broadcasting Service Using Frequencies shall apply
mutatis mutandis.

Section 26 The provisions of Section 18 and

Section 19 shall apply to the issuance of the Sound
Broadcasting Service and the Television Broadcasting
Service licenses under Section 25 mutatis mutandis.

Section 27 For the purpose of supervising the

operation of the Sound Broadcasting Service or
Television Broadcasting Service Not Using

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Frequencies whether or not it operates on a
subscription basis or by collecting service fees, the
Commission shall have authority to prescribe the rules
as follows;
(1) proportion of programs and program
schedule;
(2) generation of revenues;
(3) recording of programs broadcasted and
the period of time in keeping such records .

Section 28 Regarding the operation of the

licensee of the Sound Broadcasting Service or
Television Broadcasting Service Not Using
Frequencies on a subscription basis or by collecting
other service fees, the Commission shall have
authority to prescribe the rules on service fee
collection, maximum amount of time for the
advertisements and business service provision, and the
conditions for the service provided.
Regarding the generation of revenues from
advertisements and business service provision under
paragraph one, the Commission shall prescribe the
maximum amount of time related to the
advertisements and business service provision not
exceeding six minutes per hour provided that the total

NBTC Thailand 208

amount of time per day for advertisements and
business service provision per day shall not exceed
five minutes per hour in average.
In determining the maximum amount of time
under paragraph two, the Commission shall take into
consideration consumer protection, competition in the
market, operating cost and fairness between the
licensee of the Sound Broadcasting Service or
Television Broadcasting Service Not Using
Frequencies.
The provisions of Section 22, Section 23
paragraph one and paragraph four and Section 24
shall apply to the licensee under Section 25 mutatis
mutandis.

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 PART III
Management of Station
_______________

Section 29 In operating the Sound

Broadcasting Service and the Television Broadcasting
Service, the licensee shall appoint a person of Thai
nationality as the station director for each station to
supervise the broadcasting in consistent with the
license granted and to be responsible for the
supervision of the program management, program
operation and broadcasting of the Station in
compliance with the laws and notifications prescribed
by the Commission.

Section 30 The licensee shall be liable for any

act done by the station director in the supervision and
management of the Sound Broadcasting Service and
the Television Broadcasting Service as if it his or her
own act unless it can be proved that he or she had No
knowledge or gave no consent to such act and
exercised due care for the prevention thereof.

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 PART IV
Prevention against Monopoly
___________________

Section 31 To prevent any person from take

over a business in the manner or limiting opportunity
to obtain public information from diverse sources or
conducting any of monopoly of mass media business
from several areas at the same time, the licensee shall
be prohibited from holding the business of the same
category or holding cross-media of the Sound
Broadcasting Service and Television Broadcasting
Service Using Frequencies in excess of the proportion
prescribed by the Commission.
In the case where any licensee violates the
notifications or the Commission under paragraph one,
the Commission shall have authority to order such
licensee for the correction thereof within ninety days
so that his or her business holding accordance with
such notifications.

Section 32 To promote free and fair

competition and to prevent any act leading to
monopoly, reduction or limitation of competition in
the operation of the Sound Broadcasting Service and

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the Television Broadcasting Service, the operation of
the licensee shall be subject to the law on business
competition and specific measures prescribed by the
Commission according to the nature of the Sound
Broadcasting Service and the Television Broadcasting
Service.
An act of monopoly, reduction or limitation of
competition in the Sound Broadcasting Service and
the Television Broadcasting Service shall include the
holding in related business or using materials or
equipment specifically installed to receive sound or
visual signals in the Manner obstructing fair
competition.

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 CHAPTER II
Program of sound Broadcasting Service and
television Broadcasting Service
________________

Section 33 Each category of the licensee of

the Sound Broadcasting Service or Television
Broadcasting Service Using Frequencies shall set up
the program schedule in the proportion as follows:
(1) the licensee of the public service license
shall set up news or information programs which are
beneficial to the public in the proportion of not less
than seventy percent;
(2) the licensee of the community service
license shall set up news or information programs
which are beneficial to the community or locality
receiving the service in the proportion not less seventy
percent;
(3) the licensee of the business service
license shall set up news or information programs
which are beneficial to the public in the proportion not
less than twenty-five percent.

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 The license of the business service license at
regional and local levels shall have its own produced
programs in the proportion prescribed by
Commission.
New or information programs beneficial to the
public under paragraph one shall Include news
programs, programs promoting knowledge and
understanding on democratic regime; programs
promoting educations, ethics, arts and culture, and
provision of knowledge and understanding in
development of society, economics, quality of life and
environment.

Section 34 The license shall set up programs

schedule in conformity with the objectives of the
licensed service in accordance with the rules
prescribed by the Commission regarding each
category of the license.
In case of necessity for the protection of
children and juvenile, the Commission may prescribe
duration for broadcasting for certain programs.
The licensee shall submit the programs
schedule to the Commission at least fifteen days prior
to the commencement date of the, Sound
Broadcasting Service or the Television Broadcasting
NBTC Thailand 214
 In the case where the Commission deems that
the program schedules are not in accordance with the
rules prescribed by the Commission, the Commission
shall have the power to order the licensee to property
correct the program schedules. When the Commission
has approved the corrected program schedules; the
licensee shall be able to commence its Sound
Broadcasting Service or the Television Broadcasting
Service as approved by the Commission.
In case the licensee wishes to change the
approved program schedule, the changed program
schedule must be submitted to the Commission for
consideration prior to such change not less than seven
days and the provision in paragraph four shall apply
mutatis mutandis.
In case of necessity or urgency, the licensee
may broadcast the program differing from those in the
programs schedules in accordance with the rules
prescribed by the Commission

Section 35 In the case where there is a disaster

or an emergency or other events as prescribed by the
Commission which is necessary to broadcast new or
warnings to the public, upon request of the

NBTC Thailand 215

government or relevant agencies, the licensee shall
perform as requested.

Section 36 For the benefit promoting and

protecting the right of disabled persons or less
opportunity persons to get access to or acknowledge
or to gain benefit from the programs of the Sound
Broadcasting Service or the Television Broadcasting
Service as equal to ordinary person, the Commission
shall have the power to prescribe some fundamental
measures so that the license provides appropriate
service for the benefit of such persons.
The Commission may prescribe any additional
promoting measures for the licensee to consider for
appropriate actions, provided that the Commission
may consider providing support of the expense from
the Fund or providing other support or promotions by
other means.
In order to make the measures paragraph one
suitable for the disabled persons or less opportunity
persons, the Commission may seek opinions from or
give opportunity to disabled persons or less
opportunity persons to participate in decision making
of such measures.

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 The appropriate service for the benefit of
disabled person or less opportunity persons under
paragraph one may include full time sound
broadcasting service of book reading programs or
television broadcasting service with sign language
interpreter, subtitles or verbal description for
programs presenting public information.

Section 37 It is prohibited to broadcast a

program containing substances constituting the
overthrow of democratic regime with the king as
Head of the State or having impact to the national
security, good moral and public order, or having an
act of the nature being obscenity or filthy or having
impact to mental or health deterioration of the public
in serious manner.
The licensee is obliged to review and suspend
broadcasting of such program of the nature under
paragraph one. If the licensee fails to do so, the
Commissioner assigned by the Commission shall have
power to order the licensee verbally or in writing to
suspend the broadcasting service of such program
immediately and the Commission shall examine the
fact or such case immediately.

NBTC Thailand 217

 In case the Commission examines and deems
that such action was due to ignorance of the licensee,
the Commission shall have power to order the
licensee to correct as suitable; or to suspend or cancel
the license.

Section 38 The licensee shall record the

program broadcasted, by recording on cassette tapes
or other television equipment or by other means
which may be re-broadcasted and to be kept for
examination by the Officer.
The program to be recorded under paragraph
one and the period of time for keeping such records
shall be in accordance with those prescribed by the
Commission. In this regard, such period shall not be
less than thirty days and it shall not cause the licensee
to bear unnecessary burden.

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 CHAPTER III
Promotion and Supervision of Professional Ethics
and Protection of Damaged Party from Operation
of Sound Broadcasting and Television
Broadcasting Service
_______________

Section 39 The Commission shall encourage

the gathering of the licensees, program producer and
mass communication practitioners of the Sound
Broadcasting Service and the Television Broadcasting
Service in any form of organizations in order to issue
ethical standards of professional or occupational
conduct and to control professional or occupational
conduct among themselves under the ethical
standards.
For the preparation of the ethical standards of
the organization under paragraph one, the
Commission shall take into account the protection of
the public to access information and the protection of
consumers for the operation of the Sound
Broadcasting and the Television Broadcasting
Service, including the protection of rights and

NBTC Thailand 219

freedom of practitioners and occupational member of
the organization.
To control professional or occupational conduct
of the organization under paragraph one, each
organization under paragraph one shall set up an
ethical committee with components by considering
suitable proportion among practitioners and
occupational members, academic persons and
expertise.
The Commission may provide support from the
Fund under Section 52 to the organizations under
paragraph one which prepares the ethical standards.

Section 40 Any person damaged from false

information of the programs broadcasted or the
infringement of rights, freedom, prestige, reputation,
family rights or privacy of any individual, may file a
complainant with the Commission.
The Commission shall submit its comment to
the organization controlling the professional or
occupational conduct under Section 39 for
immediately giving remedies to the damaged person,
and the Commission shall follow up the result of the
action taken by the organization controlling the
professional or occupational conduct under Section 39
NBTC Thailand 220
After the organization controlling the professional or
occupational conduct under Section 39 informs the
result, the Commission shall inform the complainant
of the result promptly.
The result of such proceedings under this
CHAPTER shall be part of the proceedings under
Section 51(1).

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 CHAPTER IV
Construction of Network Infrastructure, Use and
Interconnection in Operation of Sound
Broadcasting Service and Television Broadcasting
Service
--------------------

Section 41 Subject to Section 49, for the

operation of Sound Broadcasting Service and
Television Broadcasting Service, if the licensee is
necessary to set up or erect poles, lay wires or pipers
or install any supporting equipment and it is necessary
to exercise the right under this Section, the licensee
shall prepare a diagram stating details of direction and
boundary of setting up or erecting of poles, wiring or
piping and installation of supporting equipment to the
Commission for approval prior to the said action.
Upon the approval of the Commission under
paragraph one, the licensee shall have the right to
continue its action, and the provision in CHAPTER
IV of the Telecommunications Business Operation
Act B.E. 2544 (A.D. 2001) shall apply mutatis
mutandis. The power and duties of the
Telecommunications Business Commission shall be
the powers and duties of the Commission under this
NBTC Thailand 222
Act, and the rights and duties of the licensee for
telecommunications business shall be the rights and
duties of the licensee under this Act.
In the case where the provision of chapter IV of
the Telecommunications Business Operation Act B.E.
2544 (A.D. 2001) stipulates that any action is
considered as an offense with the penalty provision, it
shall apply to the licensee with the same rate of
penalty.

Section 42 The network owner shall allow the

licensee to use or interconnect with the Network in
accordance with the rules and procedures as
prescribed by the Commission.
The network owner may not allow the licensee
to use or interconnect with the Network as follows;
(1) the existing Network is insufficient for
the licensee to use or interconnect with;
(2) using or interconnecting with the
Network may have an impact on the national security;
(3) using or interconnecting with the
Network may cause interference or obstruction to the
Sound Broadcasting or the Television Broadcasting
Services of the network owner or other network users;
or
NBTC Thailand 223
 (4) other cases as prescribed by the
Commission.
The burden of proof in such cases shall lie upon
the network owner not allowing the licensee to use or
interconnect with the network.
The charge for Network access or
interconnection shall be reasonable and fair to the
network owners and licensees, and shall be equal
among all the licensees.
In prescribed rules and procedures under
paragraph one, the Commission shall arrange hearing
from the licensees and network owners concerned.

Section 43 In case where there is a refusal of

using or interconnecting with the Network or there is
any unsettled dispute arising from the contract
negotiation about using or interconnecting with the
Network, the party shall have the right to request the
Commission for consideration in accordance with the
rules and procedures as prescribed by the
Commission. The decision of the Commission shall
be final.
The consideration of using or interconnecting
with the Network under paragraph one, the

NBTC Thailand 224

Commission shall take in to account the safety and
protection against damage that may occur.
During the consideration of the Commission
under paragraph one, if there is a reasonable cause to
believe that the refusal of using or interconnecting
with the Network is likely not to be in accordance
with Section 42 paragraph two, the Commission, in
the meanwhile, may allow the licensee to use or
interconnect with the Network in accordance with the
rules and procedures as prescribed by the
Commission.

Section 44 An agreement on the use of or

interconnection with the Network shall be of the
following nature:
(1) there shall be no discrimination against
or obstruction to other licensee;
(2) the technical specifications at the access
point or the point of interconnection shall be clear and
technically feasible, and not cause undue burden to
the applicant for the access or interconnection with
the Network;
(3) there shall be clear prescription of the
duties and responsibilities of the licensee and the
network owner;

NBTC Thailand 225

 (4) the charge for using or interconnection
with the Networks shall be set in accordance with
Section 42 paragraph four; and
(5) any other nature as prescribed by the
Commission
The network owner shall submit the
Commission a copy of the agreement within ten days
from the date of singing the agreement. If the
Commission consider of the agreement contains
descriptions different from those in paragraph one, the
Commission shall have power to order amendment of
the agreement within a specified period of time, The
network owner shall comply with the order of the
Commission. If the applicant fails to comply with the
order of the Commission, such agreement shall
become invalid.

Section 45 The network owner shall disclose

the agreement on the use of or interconnection with
the Network including the charge for using of or
interconnecting with the Network in accordance with
the procedures as prescribed by the Commission.

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 Section 46 In the case where the
circumstances have been changed causing the rate of
charge for using or interconnecting with the Network
not to be in accordance with Section 42 paragraph
four and the parties become unable to reach an
agreement, the parties shall submit a request to the
Commission for decision. The decision of the
Commission shall be final.

Section 47 The network owner shall inform

the correct and essential information relating to the
use of and interconnection with the Network to the
licensee using or interconnecting with such Network.
The network owner shall not commit any action
causing the obstruction to normal use of or
interconnection with the Network under paragraph
one.
In case of any change to the Network affecting
the use of or interconnection with the Network, the
network owner shall inform the licensee using or
interconnecting with such network. However, in case
that the change may affect users, the network owner
shall announce such change not less than six months
in advance.

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 Section 48 For the benefit of consumers in
receiving the Sound Broadcasting Service or the
Television Broadcasting Service and environmental
protection, if the government agencies, state
enterprises or any other government organizations
occupying the land, premises, buildings, poles or
other similar structures which are located at a suitable
location for receiving, transmitting or broadcasting
sound or visual signals, have permitted the use for any
licensee or network owner in the installation of
materials or equipment for the receiving or
transmitting or broadcasting of sound or visual
signals, they shall likewise allow the other licensees
or network owners to use the place for installing
materials or equipment for such purposes, provided
that suitable remuneration has been made. The
provision of Section 44 shall apply mutatis mutandis.
Government agencies, state enterprises or any
other government organization staking the occupancy
under paragraph one may refuse to allow licensees or
network owners to use land, premises, buildings,
poles or other similar structures only in the following
cases:
(1) an additional installation of materials of
equipment may harm or interfere with the existing

NBTC Thailand 228

system or have an effect in the reduction of the
efficiency of the existing system;
(2) causing unnecessary burden or obstruction
to the use of the property.

Section 49 The use of or interconnection with

the Network between the Sound Broadcasting Service
and Television Broadcasting Service and the
Telecommunications Service shall be in accordance
with the rules and procedures prescribed by the Joint
Commission under the law on the organizations
allocating frequencies and regulating radio
broadcasting, television broadcasting and
telecommunications services.

Section 50 The licensee under this Act or the

licensee for conducting telecommunications service
under the law on the operation of telecommunications
service of the network owner shall be prohibited from
providing service of transmission or broadcasting
public information or programs in the nature of
conducting the Sound Broadcasting Service or the
Television Broadcasting Service for other persons not
being the licensee under this Act.

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 CHAPTER V
Promotion and Development of Sound
Broadcasting Service and Television Broadcasting
Service
--------------------

Section 51 For the purpose of promoting and

developing the Sound Broadcasting Service and the
Television Broadcasting Service, the Commission
shall carry out the followings;
(1) conducting the evaluation on efficiency
and achievement of the operation of the Sound
Broadcasting Service and the Television Broadcasting
Service in accordance with the Master Plan for the
Sound Broadcasting Service and the Television
Broadcasting Service, and on the compliance under
this Act, diversities on the expression of opinions,
service provided to the disabled persons and less
opportunity persons, complaint handling and
opportunity for market entry of new operators;
(2) conducting the evaluation on program
quality with regard to interest toward society and
good moral of the people;

NBTC Thailand 230

 (3) conducting hearing from the licensees,
practitioners and consumers in the undertaking under
(1) and (2).
The evaluations under paragraph one shall be in
accordance with the rules and procedures prescribed
by the Commission which shall at least demonstrate
the facts in terms of effectiveness, efficiency,
organizational development, public support and other
details as necessary.

Section 52 In the case where the Commission

deems that any program is beneficial to the public or
the production of the program should be promoted or
any operator complies with the measures for
promotion and protection of the rights of disabled
persons and less opportunity persons under Section
36, the Commission may consider providing financial
support from the Fund in accordance with the rules
prescribed by the Commission.

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 CHAPTER VI
Supervision
--------------------

Section 53 When there is a reasonable ground

to suspect that there is an act of violation of or
noncompliance with this Act, the Commission and the
Official shall have power as follows:
(1) to order relevant persons to clarify or to
deliver any document for consideration;
(2) to order in writing any person to give
statements or to deliver any document or object for
consideration or for use as evidence to prove the
commission of an offence under this Act;
(3) to enter into the building or place of
business of the licensee or any person between sunrise
and sunset or during the business hours of the place
for the examination of fact on wrongdoing; searching
for objects used in the commission of wrongdoing,
objects possessed to be wrongdoing, or objects
possessed for use in the commission of wrongdoing
including any action which may be in violation of this
Act or noncompliance with the conditions of the
license.

NBTC Thailand 232

 Search warrant issued by the Court shall be
obtained for the entry into a building or place of
business of the licensee under Subsection (3) for the
examination of the fact performed by the Commission
or the Official.
After entering into the building and conducting
an examination under Subsection (3), if the
examination has not yet been completed, such action
can be continued even after sunset or after business
hours of such place.
Related person shall facilitate the performance
of duties of the Commission or the Official as
appropriate.
The performance of duties of the Commission
or the Official under this Section shall be in
accordance with the rules prescribed by the
Commission.

Section 54 In the performance of duties, the

Officer shall present his or her identification card to
the persons involved.
The identification card shall be in accordance
with the form as prescribed by the Commission.

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 Section 55 In the case where any person
causes interference to the transmission or
broadcasting of sound or visual signals of the licensee,
the Officer shall have the power to order such person
to refrain from committing such act or to modify the
materials used for committing such act or to remove
the said materials out of the interfered area or to order
such person or other persons to take certain action as
necessary to solve such interference, However, in the
case where the interfering materials are the services
authorized by other laws, the Officer shall notify the
officials authorized under such laws to consider
solving the interference.

Section 56 In performing duties under the

Act, the Commission and the Official shall be the
competent officer under the Criminal Code.

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 CHAPTER VII
Penalty
--------------------
PART I
Administrative Penalty
--------------------

Section 57 Administrative fine shall be as

follows:
(1) administrative fine level 1 shall be a fine
not exceeding fifty thousand Baht.
(2) administrative fine level 2 shall be a fine
from fifty thousand Baht to the amount not exceeding
five hundred thousand Baht.
(3) administrative fine level 3 shall be a fine
from five hundred thousand Baht to the amount not
exceeding five million Bath.

Section 58 A licensee or any person who:

(1) violates or fails to comply with rules as
prescribed by the Commission under Section 24;

NBTC Thailand 235

 (2) violates or fails to comply with the
provisions in Section 44 paragraph two or Section 47
paragraph one or paragraph three;
(3) violates or fails to comply with an order
of the Commission issued under Section 44 paragraph
two shall be punishable by administrative laval1.

Section 59 A licensee or any person who:

(1) violates or fails comply with the
provisions in Section 34 paragraph five, Section 35 or
Section 38;
(2) violates or fails to comply with rules,
procedures, measures or notifications prescribed by
the Commission under Section 34 paragraph one,
Section 36 or Section 45;
(3) violates or fails to comply with an order
of the Commission issued under Section 34 paragraph
four or Section 37 paragraph one shall be punishable
by administrative fine level 2.

Section 60 A licensee or any person who:

(1) violates or fails comply with the
provisions in Section 47 paragraph two, Section 48
paragraph one or Section 50;

NBTC Thailand 236

 (2) violates or fails comply with rules or
notifications issued by the Commission under Section
22,Section 23, Section 34 paragraph two or Section 42
paragraph one;
(3) violates or fails comply with the order of
the Commission under Section 43 shall be punishable
by administrative fine level 3.

Section 61 In case that the act which is

punishable by administrative fine is a continuous
offense and the Commission impose an administrative
fine for such act, the offender shall also be imposed a
daily fine as follows; starting from the date on which
the Commission imposes the administrative fine
throughout the period of time in which the violation or
noncompliance persists, or until correct compliance:
(1) in case that the fine imposed is
administrative fine level 1, the daily fine shall be a
fine not exceeding five thousand Baht.
(2) in case that the fine imposed is
administrative fine level 2, the daily fine shall be a
fine not exceeding twenty thousand Baht.
(3) in case that the fine imposed is
administrative fine level 3, the daily fine shall be a
fine not exceeding fifty thousand Baht.

NBTC Thailand 237

 The Commission shall manage to have the daily
fine enforced every fifteen-day period.

Section 62 The office shall collect facts

regarding acts punishable by administrative penalty
for the purpose of presenting such facts to the
Commission for taking into consideration when
imposing administrative penalty, according to the
rules and procedures as prescribed by the
Commission.
In considering the imposition of administrative
penalty, the Commission shall take circumstances of
the act and damage caused by such act into
consideration. However, the Commission may issue
the offender a warning instead of imposing
administrative fine where it considers that act has the
following natures:
(1) be an offense punishable with
administrative fine level 1;
(2) not be continuous offense;
(3) be the commission of an offense for the
first time and be committed without intent; and
(4) not cause damage.

NBTC Thailand 238

 Section 63 When the Commission imposes a
licensee an administrative fine, if it deems
appropriate, it may also order such licensee to act or
refrain from any action in order to prevent the
repetition of violation or commission of the same
offense.

Section 64 The Commission may order

suspension or revocation of a license in case that the
facts appear as follows:
(1) the licensee ignores an order of the
Commission prescribed under Section 31 or Section
63;
(2) the licensee violates the provision in
Section 37 and the violation causes severe damage;
(3) the licensee repeats the violation or
commission of an offense under this Act, or repeats
the act of noncompliance with rules or orders
prescribed under the provisions of this Act, or such
violation or noncompliance causes severe damage;
(4) the licensee violates or commits the
offense with criminal penalty under this Act;
(5) the licensee is convicted by final
judgment for the commission of an offense related to

NBTC Thailand 239

the broadcasting work which is copyright
infringement under copyright law;
(6) the licensee conducts business in the
form of company in violation of Section 15.
The duration of a suspension shall be as ordered
by the Commission, but shall not exceed thirty days
for each suspension.

Section 65 In case that the person imposed an

administrative fine fails to pay the fine or does not
pay the fine appropriately in full, the provisions
regarding the administrative enforcement under the
law on administrative procedures shall be applied
mutatis mutandis.

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 PART ll
Criminal Penalty
--------------------
Section 66 Any person who uses Frequencies
allocated for the Sound Broadcasting Service or the
Television Broadcasting Service; or operates the
Sound Broadcasting Service or the Television
Broadcasting Service; or provides any service other
than sound broadcasting service or television
broadcasting service without license shall by
punishable by imprisonment for a term not exceeding
five years or a fine not exceeding five million Baht or
both; ant shall be punishable by a fine not exceeding
fifty thousand Baht per day throughout the period of
time the violation persists.

Section 67 Any licensee who violates Section

9 or notifications of the Commission prescribed under
Section 31 or Section 32 shall be punished by
imprisonment for a term not exceeding three years or
a fine not exceeding three million Baht or both; and
shall be punished by a fine not exceeding thirty
thousand Baht per day throughout the period of time
the violation persists.
NBTC Thailand 241
 Section 68 Any licensee who causes
interference with reception, transmission or
broadcasting of sounds or pictures of another licensee
shall be punishable by imprisonment for a term not
exceeding three years or a fine not exceeding three
million Baht or both; and shall be by a fine not
exceeding thirty thousand Baht per day throughout the
period of time the violation persists.

Section 69 Any person who causes

interference with reception, transmission or
broadcasting of sounds or pictures of a licensee shall
be punishable by imprisonment for a term not
exceeding three years or a fine not exceeding sixty
thousand Baht or both; and shall be punishable by a
fine not exceeding ten thousand Baht per day
throughout the period of time the violation persists.

Section 70 Any person who manufactures,

imports, distributes, possesses with intent to distribute
or provides installation service of receiving, tools or
equipment for use by any other person to receive or
convert signals for purpose of receiving programs of
the Sound Broadcasting Service or the Television
Broadcasting Service which require subscription,

NBTC Thailand 242

without license from the Commission, shall be
punishable by imprisonment for a term not exceeding
two years or a fine not exceeding two million Baht or
both.
The provision in this Section shall not be
applied to the possession or use of receivers, tools or
equipment mentioned in paragraph one for
educational purposes as by the commission

Section 71 Any person who obstructs or fails

to facilitate the performance of duty of the
Commission or the Officer under Section 53 shall be
punishable by imprisonment for a term not exceeding
one month or a fine not exceeding one thousand Baht
or both.
When it appears that an offense under this Act
is committed, the Commission shall be deemed an
injured person under the provision of The Criminal
Procedure Code.
The provision of this Section shall not bar the
actual injured person from exercising his or her rights
to bring a lawsuit or pursuing any other action against
the offender.

NBTC Thailand 243

 Section 72 In case that the offender is a
juristic person and the commission of an offense by
such juristic person is caused by an action or omission
of an action which is a duty of managing directors,
managers, or any person who is responsible for the
operation of such juristic person, such persons shall
also be imposed the punishments for such offense,
unless he or she can prove that the action is
committed without his or her knowledge or consent.

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 Transitory Provisions
--------------------
Section 73 During the initial period, for
benefit of public relation of the State, the provisions
of CHAPTER I, Operation of Sound Broadcasting
Service and Television Broadcasting Service,
CHAPTER II Programs of Sound Broadcasting
Service and Television Broadcasting Service,
CHAPTER VI Supervision, and CHAPTER V II
Penalty, except Section 20, Section 35, Section 36
and Section 38, shall not apply to the Public Relation
Department as the government agency responsible for
public relation and it shall be entitled to continue
carrying out the Sound Broadcasting Service and the
Television Broadcasting Service according to the
existing scope of services until there shall be the
Master Plan for Sound Broadcasting Service and
Television Broadcasting Service.
Once the Master Plan for Sound Broadcasting
Service and Television Broadcasting Service has
already been put into force, the Commission shall
inform the Minister supervising the public Relations
Department of the nature, categories and scope of
operation of the Public Relations Department

NBTC Thailand 245

as stated in the Master Plan for Sound Broadcasting
Service and Television Broadcasting Service for
implementation in compliance with the Master Plan
for Sound Broadcasting Service and Television
Broadcasting Service.

Section 74 Government agencies, state

enterprises and other government organizations
operating the Sound Broadcasting Service and the
Television Broadcasting Service on the date when this
Act comes into force shall continue the broadcasting
service until the date set forth in the Mast Plan for
Sound Broadcasting Service and Television
Broadcasting Service has taken effect. lf the
government agencies, state enterprises and other
government organizations wish to continue the
service, a sound broadcasting service and television
broadcasting service plan shall be prepared for
application for licenses from the Commission. The
Commission shall issue licenses to such government
agencies, state enterprises and other government
organizations with due regard to the necessity of
service operations and the use of the frequencies.

NBTC Thailand 246

 Section 75 If the government agencies, state
enterprises and other government organizations have
granted authorization, concession or contract to any
person to operate the Sound Broadcasting Service and
the Television Broadcasting Service prior to the date
this Act comes into force, such person shall be
entitled to continue the Sound Broadcasting Service or
the Television Broadcasting Service in accordance
with the authorization, concession or contract received
until such authorization, concession or contract
expires.
The Commission shall issue license to operate
the service under this Act to the persons receiving
authorization, concession or contract by the
government agencies, state enterprises and other
government organizations in accordance with the
nature, categories and scope of operation associated
with such authorization, concession or contract. The
licenses to operate the said service shall be valid
according to the remaining period of that
authorization, concession or contract and it shall be
exempted from license fee under Section 19.
The provisions of Section 16, Section 17,
Section 18, Section 19 and Section 22 of this Act shall
not apply to the licensees under paragraph two.

NBTC Thailand 247

 Section 76 The Ministry of Finance shall
submit the revenue equivalent to two percent of the
revenues which the government agency, state
enterprise, or other government organizations have to
submit to the Ministry of Finance due to the granting
of authorization, concession or contract to operate the
Sound Broadcasting Service and the Television
Broadcasting Service prior to the date the Constitution
of the Kingdom of Thailand B.E. 2550 (A.D. 2007)
comes into force to the Fund until the authorization,
concession or contract expires.

Section 77 After the lapse of five-year period

from the date on which this Act comes into force, the
Commission shall consider revising the maximum
duration of the advertisement and business service
provision under Section 8, however, it shall not
exceed the maximum duration of the advertisement
and business service provision specified under Section
23 paragraph two.

Section 78 While the establishment of

independent state organization having the duty to
allocate frequencies and regulate radio broadcasting,
television broadcasting and telecommunications

NBTC Thailand 248

services under Section 47 of the Constitution of the
Kingdom of Thailand has not yet been completed, the
National Telecommunications Commission under the
Organization Allocating Frequencies and Regulate
Radio Broadcasting, Television Broadcasting and
Telecommunications Services Act, B.E. 2543 (A.D.
2000) shall temporarily perform duties of the
Commission under this Act and shall have the duties
and power as follows:
(1) to proceed with the action as prescribed
under the Transitory Provision in an orderly manner;
(2) to proceed with the action in order to
enable the operators of community radio broadcasting
service and the service not using Frequencies to
receive licenses to operate community service and the
service not using Frequencies for temporary basis as
prescribed by the Commission, provided that the
license to operate the community service business for
temporary basis and the service not using Frequencies
shall be of a term not exceeding one year;
(3) to announce the proportion of programs
and to approve program schedules of the licensees
under (2);
(4) to control and supervise the sound
transmission or broadcasting of the licensees under (2)

NBTC Thailand 249

to be in accordance with the specified transmission
capacity and permitted coverage area.

Section 79 In performing the duties under

Section 78, the Commission shall have the power to
appoint a Radio Broadcasting and Television
Broadcasting Sub-commission consisting of:
(1) The Permanent Secretary of the Prime
Minister’s Office as the chairman of the Sub-
commission;
(2) The Permanent Secretary of the Ministry
of Defense or its representative, the Permanent
Secretary of the Ministry of Education or its
representative, the Secretary General of Council of
State or its representative, the Director General of the
Department of Administration Department or its
representative, the Secretary General of the office of
the National Culture Commission or its representative,
and the Commissioner General of the Royal Thai
Police or its representative, as sub-commission
members;
(3) six qualified members appointed as the
Sub-commission members by the cabinet from those
with expertise and experience being: three members
from the field of communication arts, journalism or

NBTC Thailand 250

mass communication; two members from the field of
public law and; one member from communication
technology or other related fields beneficial to the
supervision of the services.
(4) qualified members appointed as the Sub-
Commission members by the Commission from the
President of the Council of the Mass Communication
Academic Institutes of Thailand or its representative,
the Chairman of the Broadcast Journalist Association
or its representative, the Chairman of the
Confederation of Radio and Television Profession
Association or its representative, President of the
National Council for Child and Youth Development
or its representative, the President of the Coordination
Committee of Nongovernment Organization or its
representative, the President of the Council of
disabled people of Thailand or its representative, and
the President of the Confederation of Consumer
Organization or its representative.
Secretary General of the National
Telecommunications Commission shall be a member
and the secretary of the sub-commission.
The Sub-Commission under paragraph one
shall have duties to propose recommendations and

NBTC Thailand 251

perform other tasks assigned by the Commission and
shall also have duties and powers under Section 53.
The law governing the official administrative
procedures on the parts relating to the meeting, the
performance of duties and vacating office shall apply
to the Sub-commission mutatis mutandis.

Section 80 The performance of duties the

National Telecommunications Commission under
Section 78 and the Radio Broadcasting and Television
Broadcasting Sub-Commission under Section 79 shall
end from the date the commission of the independent
State organization under Section 47 of the
Constitution of the Kingdom of Thailand assumes the
office, provided that this shall not affect the matters
permitted or undertaken by the National
Telecommunications Commission and the Radio
Broadcasting and Television Broadcasting Sub-
Commission during the performance of their duties
under this Transitory Provision.

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Countersigned by:
General Surayud Chulanont
Prime Minister

NBTC Thailand 253

Remarks: The reasons for promulgating this Act are
the government policy to reorganize the government
media system, private media system and community
media system to become a genuine public media
system and government communication tool shall be
used for public utilization and educational utilization
for people. Moreover the organization Allocating
Frequencies and Regulating the Radio Broadcasting,
Television Broadcasting and Telecommunications
Services Act B.E. 2543 (A.E. 200) stipulated that
there shall be the National Broadcasting and
Commission (NBTC) having a duty to supervise
sound broadcasting and television broadcasting
services, and National Telecommunications
Commission (NTC) has the duty to supervise
telecommunications services, After the promulgation
of the Constitution of the Kingdom of Thailand B.E.
2550, there was alteration in a major principle as to
there shall be a single independent state agency
having duties to allocate the frequencies and supervise
such services, and compelling the enactment of the
law on operation of radio broadcasting and television
broadcasting services to reorganize the public media
system, private media system and community media
system to become a genuine public media system.
Therefore, for the supervision of the operation of
NBTC Thailand 254
radio broadcasting and television broadcasting
services, it is necessary to enact the laws on the sound
broadcasting and television broadcasting services to
support the fulfillment of the duties of such
independent state agency. It is therefore necessary to
enact the act.

NBTC Thailand 255

NBTC Thailand 256
 UNOFFICIAL TRANSLATION
RADIOCOMMUNICATIONS ACT
B.E. 2498 (1955)

NBTC Thailand 257

 RADIOCOMMUNICATIONS ACT
B.E. 2498 (1955)
----------------
BHUMIPOL ADULYADEJ, REX.
Given on the 22nd Day of January B.E. 2498;
Being the 10th Year of the Present Reign.

By Royal Command of His Majesty King

Bhumibol Aduladej, it is hereby proclaimed that:
Whereas it is appropriate to revise the law on
radiocommunications;
His Majesty the King, by and with the advice
and consent of the Assembly of the House of
Representatives is graciously pleased to enact the
following Act:

NBTC Thailand 258

 Section 1 This Act shall be called the
“Radiocommunications Act B.E. 2498.”

Section 2 This Act shall come into force as

from the day following the date of its publication in
the Government Gazette.

Section 3 The followings are hereby

repealed:
(1) Radiocommunications Act B.E.2478;
(2) Radiocommunications Act (No.2) B.E.2481;
(3) Radiocommunications Act (No.3) B.E.2483;
(4) Radiocommunications Act (No.4) B.E.2485;
(5) Radiocommunications Act (No.5) B.E.2491;
(6) Radiocommunications Act (No.6) B.E.2497;
(7) all other laws, rules, and regulations insofar as
they are provided for in this Act, or are contrary to, or
inconsistent with this Act.

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 Section 4 In this Act:
“Hertzian Waves” means electromagnetic
waves having frequencies ranging from 10 kilohertz
to 3,000,000 megahertz;
“Radiocommunications” means the
transmission or reception of signs, signals, writing,
images and sounds, or intelligence of any nature by
means of hertzian waves;
“Radiocommunication equipment” means
radiocommunication transmitter, radiocommunication
receiver, or radiocommunication transceiver but does
not include radio and television broadcasting receiver,
and radiocommunication transmitter,
radiocommunication receiver, or radiocommunication
transceiver using hertzian waves which have the
characteristics or types of service as specified in the
Ministerial Regulations;
For the purpose of controlling the use of
radiocommunication equipment, any
radiocommunication component as specified in the
Ministerial Regulations shall be deemed as
radiocommunication equipment.
“Radio Operator” means any person who
operates radiocommunication equipment;

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 “Radiocommunication Station” means the
place where the radio-communications are taken
place;
“Make” includes manufacture, modify, or
re-assemble;
“Import” means import into the Kingdom;
“Export” means export out of the Kingdom;
“Trade” includes the possession for selling or
repairing;
“Authorized Licensing Officer” means the
officer appointed by the Minister under this Act;
“Minister” means the Minister who is in
charge and controls the execution of this Act.

Section 5 Except Section 11 and Section 12,

this Act shall not be enforced upon:
(1) Ministries, Government Bureaux,
Government Departments,
(2) The juristic persons as specified in the
Ministerial Regulations.

Section 6 Any person is prohibited to make,

possess, use, import, export, or trade any
radiocommunication equipment unless that person has
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been granted a license from the Authorized Licensing
Officer.
In case where it is deemed appropriate, the
Minister shall have the authority to issue the
Ministerial Regulations in which they specify
radiocom-munication equipment of some
characteristics or radiocommunication equipment
used in some services to be exempted from all or
some licenses indicated in paragraph one.

Section 7 Any person is prohibited to

perform the duties of a radio operator in a position
specified in the Ministerial Regulations unless that
person has been granted a license from the Authorized
Licensing Officer.

Section 8 Any person is prohibited to receive

news by means of radio-communications from abroad
for advertising purpose unless that person has been
granted a license from the Authorized Licensing
Officer.

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 Section 9 Licenses under this Act shall be as
follows :
(1) license for making, shall be valid for one
hundred eighty days from the date of issuance;
(2) license for possessing, shall be valid for
one year from the date of issuance;
(3) license for using, shall be valid as long as
the radiocommunication equipment is serviceable for
use;
(4) license for importing, shall be valid for
one hundred eighty days from the date of issuance;
(5) license for exporting, shall be valid for
thirty days from the date of issuance;
(6) license for trading, shall be valid for one
year from the date of issuance, except one issued
exclusively for repairing of which it shall be valid for
five years;
(7) license for installing a
radiocommunication station, shall be valid as long as
the licensee uses the station in accordance with the
terms and conditions specified in the license;
(8) radio operator's license, shall be valid for
five years from the date of issuance;
(9) license for receiving news by means of
radiocommunications from abroad for advertising

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purpose, shall be valid for one year from the date of
issuance.
Licensee under (1), (3), (4), (5), (6), or (7) shall
be deemed that he is also granted to possess the
radiocommunication equipment involved with each
corresponding license mentioned.

Section 10 The Minister shall have the

authority to issue a special license to a person for the
installation of aviation radiocommunication station
exclusively for the safety purpose of civil aviation.
The Minister may impose any condition upon the
issuance of such special license.
The licensee shall observe all conditions
imposed by the Minister.

Section 11 Any person is prohibited to install

a radiocommunication station unless that person has
been granted a license from the Authorized Licensing
Officer.
The radiocommunication station shall use the
exact frequency as specified in the Radio Regulations
annexed to the International Telecommunication
Convention.

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 In order to conform with paragraph one and
paragraph two, the Director General of the Post and
Telegraph Department shall have the authority to
impose the conditions for the installation of a
radiocommunication station and the Director General
or the designated person shall have the authority to
control and specify the frequency used by the
radiocommunication station.
In the case where it is deemed appropriate, the
Minister shall have the authority to issue the
Ministerial Regulations in which they specify the
radiocommunication station used in some services to
be exempted from licensing requirements as indicated
in paragraph one.

Section 11Bis The Minister shall have the

authority to make an announcement that those who
use the assigned frequency for any services or any
natures are required to pay to the Government an
appropriate charge for the use of the assigned
frequency.
The announcement as indicated in paragraph
one shall be published in the Government Gazette.

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 Section 12 A radiocommunication station is
prohibited to operate radio-communication services
for any other purposes except for those specified in its
license, or for governmental services of the Ministries,
Government Bureaux, Government Departments, or
for the services of the juristic persons under Section 5.

Section 13 Any vehicle is prohibited to use

radiocommunication equipment unless its use is
pursuant to the Ministerial Regulations or the special
provisions temporarily granted by the Minister.

Section 14 For the purpose of maintaining the

public order or defending the realm, the Minister shall
have the authority to issue a provisional order to the
competent authority to seize, put to use, prohibit the
use of, or prohibit the removal of radiocommunication
equipment, or part thereof, within the period and
under the conditions specified in the said order.

Section 15 The Authorized Licensing Officer

or the designated person shall have the authority to
order that those who unintentionally cause
interference or obstruction to radiocommunications
shall cease such action or alter the article which
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produces such action or remove the said article from
the area of interference.

Section 16 Any person is prohibited from

transmitting or preparing to transmit, by means of
radiocommunications, any message known to be false
or any other messages unauthorized by the competent
authority which might cause damage to the country or
its people.

Section 17 Any person is prohibited to

intercept, utilize, or wrongfully disclose any news
received by means of radiocommunications which are
not intended for public interest or which might cause
damage to the country or its people.

Section 18 In order to inspect any

radiocommunication equipment, part thereof, a
radiocommunication station, an article which causes
interference or obstruction to radiocommunications,
or its license, the Authorized Licensing Officer or the
designated person shall have the authority to enter the
building, premises, or vehicle of any person at a
reasonable time.

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 When it appears that any person has violated
this Act or there is a reasonable cause to suspect him
of committing such violation, the Authorized
Licensing Officer or the designated person indicated
in paragraph one, shall have the authority to arrest that
person together with the exhibit used in the
commission of that violation for proceeding with the
case.

Section 19 In case where the licensee acts in

contrary to the provisions of this Act, the Ministerial
Regulations issued pursuant hereto, or the conditions
specified in his license, the Authorized Licensing
Officer shall have the authority to order cancellation
or suspension of such person's license.
The licensee may appeal to the Director
General of the Post and Telegraph Department within
thirty days from the date of cancellation or suspension
of his license. The decision of the Director General of
the Post and Telegraph Department shall be final.

Section 20 The Government shall not be

responsible in case of loss or damage of any sort
which may arise from the difficulties in the use of
radiocommunication equipment belonging to the
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Government and shall not be responsible for the
reception, transmission, or passing of any
radiocommunication message.
In the case mentioned in the previous
paragraph, the competent authority shall also bear no
responsibility unless such authority has caused the
loss or damage willfully, fraudulently or negligently.

Section 21 The Authorized Licensing Officer

shall have the authority to assess fine for violation of
this Act.

Section 22 Under judgment that a person is

guilty of violation under this Act, the court may also
order to forfeit the article used in such violation for
the official use of the Post and Telegraph Department.

Section 23 Any person who is in

contravention of Section 6, Section 11 or Section 16
shall be guilty of an offence and shall, on conviction,
be liable to a fine not exceeding one hundred thousand
baht or imprisonment not exceeding five years or
both.

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 Section 24 In case there is any contravention
of Section 12 or Section 13, the person in charge of
the radiocommunication station or the person in
charge of the radiocommunication equipment and
persons involved in such contravention shall be guilty
of an offence and shall, on conviction, be liable to a
fine not exceeding forty thousand baht or
imprisonment not exceeding two years or both.

Section 25 Any person who is in

contravention of Section 7, Section 8 or Section 17
shall be guilty of an offence and shall, on conviction,
be liable to a fine not exceeding forty thousand baht
or imprisonment not exceeding two years or both.

Section 26 Any person who intentionally

causes interference or obstruction to
radiocommunications shall be guilty of an offence and
shall, on conviction, be liable to a fine not exceeding
one hundred thousand baht or imprisonment not
exceeding five years or both.

Section 27 Any person who is in

contravention of the order of the Authorized
Licensing Officer or the designated person, under the
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provisions of Section 15, shall be guilty of an offence
and shall, on conviction, be liable to a fine not
exceeding forty thousand baht or imprisonment not
exceeding two years or both.

Section 28 All licenses and certificates issued

under the laws on radio-communications prior to the
date coming into force of this Act shall remain valid
until their dates of expiration.

Section 29 The Minister of Transport and

Communications shall be in charge of this Act and
shall have the authority to appoint an Authorized
Licensing Officer and issue the Ministerial
Regulations:
(1) laying down rules for the application for,
and issuance of licenses;
(2) prescribing procedures for cancellation
and suspension of licenses;
(3) prescribing fee schedules in accordance
with this Act;
(4) prescribing specifications for
radiocommunication equipment and qualifications for
radio operators;

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 (5) prescribing any other matters for the
carrying out of this Act.
Such ministerial Regulations shall come into
force as of their publication in the Government
Gazette

Countersigned by:
Field Marshal P’ PIBULSONGGRAM
Prime Minister

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The International Affairs Bureau

Office of The National Broadcasting and Telecommunications Commission

87 Phaholyothin 8 (Soi Sailom), Samsen Nai, Phayathai, Bangkok 10400 Thailand

Website: www.nbtc.go.th
Tel: +66(0) 2271 – 0151, Call Center: 1200 (Press 2)
Fax: +66(0) 2271 – 3516