The draft NBTC bill will be submitted to the National Legislative Assembly (NLA) next month for approval after the Council of State adopted a final draft that retains the role of the National Broadcasting and Telecommunications Commission as an independent regulatory body.
"If the NLA passes the draft bill, it will replace the existing Act on Organisation to Assign Radio Frequencies and to Regulate Broadcasting and Telecommunications Services of 2010," said Surangkana Wayuparb, chief executive of the Electronic Transactions Development Agency (ETDA), which is responsible for drafting laws related to the digital economy.
The Council of State will hold a public hearing on the new draft NBTC bill soon before passing it to the NLA for endorsement.
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Ms Surangkana said the new draft bill stipulated that allocation of spectra for telecommunications must be by auction only. The existing Act also allows the allocation of spectrum through the beauty contest method.
The maximum number of NBTC members will be reduced to seven from 11 currently, selected from various sectors such as broadcasting, telecommunications, engineering, law and consumer groups.
The selected members will be required to have working experience in academics at the associate professor level or higher or been employed for at least three years at a SET-listed company with registered capital of at least 1 billion baht.
The experience requirement for those working at consumer protection agencies will be at least 20 years.
Ms Surangkana said the new draft would allow the NBTC to retain the power to carry out telecommunications and broadcasting master plans and manage telephone numbering plans.
Master plans must comply with the digital economy committee's policies.
Some contentious issues must be ironed out before the draft can be submitted to the digital economy committee for final consideration.
Under the draft, the NBTC could still take responsibility for issuing telecom and broadcasting licences as well as regulating radio stations, broadcasting and telecommunications.
More importantly, the NBTC would be given the authority to control frequency interference efficiently.
The regulator will also have the right to reclaim unused spectra and pay compensation to the frequency holders.
The NBTC would have the authority to issue licences for radio and broadcasting services if the regulator deemed them beneficial to the nation and the overall industry.
Ms Surangkana said the new draft would let the NBTC grant licences for radio and broadcasting through a beauty contest - consideration of applicants' qualifications for the spectrum.
Rather than operate independently from its unique headquarters at the Government Complex, the National Broadcasting and Telecommunications Commission (NBTC) often seems opaque, secretive and operating for its own interests, rather than the public. (Bangkok Post file photo)