NBTC under pressure to broadcast a few answers

NBTC under pressure to broadcast a few answers

The National Broadcasting and Telecommunications Commission (NBTC) is once again facing questions about its governance and the transparency of its operations.

The commission is one of the partners which helped organise the ITU (International Telecom Union) Telecom World Meeting in Bangkok which ends today.

As the commission meets and exchanges its experience with other participants _ which include heads of government, ministers, content and application providers, regulators, academics and heads of international organisations who are the experts in telecommunications from all over the world _ the NBTC is facing questions at home about the transparency of its operations. The first question is how the NBTC utilises its budget and resources.

According to a study by NBTC Policy Watch, total revenues from the Thailand communications sector (telecommunication, television and broadcasting market) came to 350 billion baht in 2012.

The size of the Thai market size was much smaller than the UK and the US's by eight and 40 times, respectively.

The NBTC's annual budget in 2012, however, was about 4 billion baht (US$125 million) compared with 6 billion baht and 11 billion baht, respectively in the UK (Ofcom) and US (FCC).

According to NBTC Policy Watch's study, the majority of the NBTC's operating expenses were mainly spent on donations and charity (18%; in the UK, 0%, and the US, 0%), international travel costs (14%; in the UK, 1.6%, and the US 1.9%) where almost half of that is for commissioners' travel, and public relations (8%; in the US, 0.03%).

These three activities are not related to the NBTC's main responsibilities but totalled 40% of the regulator's operating costs. The budget was also heavily concentrated in the Office of Commissioners while other offices such as the Regulating and Enforcement Office, Consumer Protection Office or Research Unit received only puny funds.

The questions being asked are how these expenses would contribute to achieving the regulator's important objectives such as promoting an efficient communications sector or protecting consumers.

NBTC Policy Watch suggested the NBTC should apply a performance-based budgeting approach by designing a budget plan according to its missions and objectives.

Breaking down the use of budget in budget planning, budget reports and activity reports would make the NBTC more transparent and accountable.

The second question is about transparency. According to sections 56 and 57 of the constitution, members of the public are guaranteed the right to gain access to public data or information in possession of a state agency and the right to receive data, explanations and reasons from relevant state agencies.

Section 24 in the Act on Organisation to Assign Radio Frequency and to Regulate the Broadcasting and Telecommunications Services also guarantees that "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".

These are designed to enhance the accountability system of the NBTC as a public body.

However, the NBTC has failed in disclosing information to the public _ for example, minutes of meetings, results of decisions, and reports conducted by external agencies.

Public participation which is guaranteed by Section 28 is also under question.

The NBTC's public consultations are criticised by civil society groups as a mere "ritual" for not including public opinions in the agency's decision-making process.

Moreover, the NBTC's consumer complaint mechanism which cannot respond to complainants and resolve problems within a 30-day timeframe as required by law, is another challenge the NBTC is facing.

In what many view as an attempt to stifle free speech, the Office of the NBTC and four telecommunication committee members have filed defamation lawsuits against an academic and TV journalist for questioning the NBTC's operations.

The ITU conference is a rich source of experience from regulatory bodies worldwide, which hopefully will help the NBTC face its transparency and governance challenge at home more effectively.


Worapoj Wongkitrungruang and Pornthep Benyaapikul are researchers of NBTC Policy Watch, an independent project which aims to study, analyse and monitor policy content and policy process of the NBTC and then forward policy recommendations.

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