January 2010

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.

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Section 3 The followings shall be repealed: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)

Sectio n 4 In this Act:
“telecommunications service” means the telecommunications service under the law on the organisations 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;

“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 organisations 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; “Secretary-General” means the Secretary-General of the National Telecommunications Commission;

“competent official” 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.

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 organisations to assign radio-frequency spectrum and to regulate the sound broadcasting, television broadcasting and telecommunications services shall obtain a licence from the Commission.

There shall be three types of licence as follows:
(1) Type One Licence: being a licence 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 licence once notified by a person who intends to operate such business;
(2) Type Two Licence: being a licence 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 impacts on free and fair competition or on public interest and consumers. The Commission shall grant a licence 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 Licence: being a licence 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 licence 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 licence under paragraph two. In issuing such notification, the Commission shall also have regard to the development of diverse telecommunications services and fairness among the operators.

In applying for a licence, the applicant shall specify type of the licence 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 licence 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.

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* Published in Government Gazette, Vol. 118, Part 106a, dated 16th November 2001