Act on Organization to Assign Radio Frequency and

to Regulate the Broadcasting and Telecommunications Services B.E. 2553 (Rev. 2010)

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.

…

[Par. 7] 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.

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.

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. 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.

Act on Organization to Assign Radio Frequency and

to Regulate the Broadcasting and Telecommunications Services B.E. 2553 (Rev. 2010)

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.

…

[Par. 7] 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.

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.

Luật quy định không được chuyển nhượng đối với giấy phép tần số dành cho dịch vụ PT-TH.

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

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 whole or in part shall not be rendered or permitted to other to act on his/her behalf.

Thu hồi một phần hoặc toàn bộ khi:

- DN không sử dụng tần số để cung cấp dịch vụ viễn thông trong khoảng thời gian do NBTC quy định.

- Sử dụng cho các nghiệp vụ khác không liên quan.

-Không tuân thủ các điều kiện khai thác kinh doanh hoặc  

- Vi phạm các hành vi nghiêm cấm.

Tại HSMĐG: thu hồi khi:

- Khi DN vi phạm hoặc không tuân thủ các luật điều chỉnh hoạt động kinh doanh viễn thông, các quy tắc, quy định, thông báo, lệnh hoặc các biện pháp liên quan do Ủy ban quy định và các điều kiện cấp phép.

- DN không có quyền yêu cầu bồi thường bất kỳ thiệt hại nào.

ACT ON ORGANIZATION TO ASSIGN RADIO FREQUENCY AND TO REGULATE THE BROADCASTING  AND TELECOMMUNICATIONS SERVICES

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 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. 

INFORMATION MEMORANDUM - Licensing of Spectrum for Telecommunications Service in the Frequency Band of 1800 MHz

Clause 22 Fine, Suspension and Revocation of License  

In the event that the licensee violates or fails to comply with the laws governing the operation of telecommunications business, the rules, regulations, notifications, orders, or measures relating thereto specified by the Commission, and the licensing conditions, 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 period specified in the order.  

The licensee shall have the right to appeal against such order of the Commission within fifteen days as from the date of receiving such order. In this regard, the appeal shall not lead to relaxation of enforcement of the order of the Secretary-General, and the decision of the Commission shall be final.  

In case the licensee does not comply with the order or final decision under paragraphs one and two, the Secretary-General will give notice and stipulate administrative fine under the law on administration procedure. In the case where the licensee has taken no action in compliance with the order within the specified period, or in the case of serious damage to the public interest as viewed by the Commission, the Commission shall have the power to suspend or revoke the license according to the criteria prescribed by the Commission. The licensee shall have no right to claim for any damages from the Commission.