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Thai Court Sets Sept 25 Ruling on Telecom Regulator Chairman

By Sarah ChenThailand
2 min read
Thai Court Sets Sept 25 Ruling on Telecom Regulator Chairman
In this article (8)

Thailand’s Central Administrative Court will rule on Sept 25 on whether to overturn the disqualification of telecom regulator chairman Sarana Boonbaichaiyapruck.

Boardroom paralysis at the National Broadcasting and Telecommunications Commission preceded the ruling. A selection panel disqualified Dr Sarana on July 21. He filed suit to overturn the decision, arguing he met all statutory requirements when taking office.

Provisions in the 2010 NBTC Act prohibit commissioners from holding employment, directorships, or advisory roles at state agencies and state enterprises. The selection committee disqualified Dr Sarana on July 21. Records showed he received hourly payments as a physician at Ramathibodi Hospital’s Faculty of Medicine between Jan 8 and April 12, 2022.

Dr Sarana maintains he resigned from government service on Jan 8, 2022. He says he held no state employee status during that period. On Sept 21, he attended the court inquiry alongside a representative from Ramathibodi Hospital to present his case.

Boardroom division stalls decisions

Internal disputes have split the NBTC board. Regular meetings have collapsed in disorder since late July as commissioners argue over Dr Sarana’s legal right to chair proceedings. That friction has delayed regulatory work for mobile network operators, broadband providers, and media licensees across Thailand.

Kiatipong Amatayakul, who chaired the July 21 panel meeting, represented the selection committee at the Sept 21 inquiry. Dr Prawit Leesatapornwongsa, an adviser to NBTC commissioner Pirongrong Ramasoota, was also present.

The Senate deadline and timeline

Senators instructed five incoming NBTC candidates on Dec 22, 2021, to clear all prohibited state posts by Jan 11, 2022, ahead of taking up their appointments. Evidence submitted to the selection panel later alleged Dr Sarana retained temporary physician status during his early tenure. That finding triggered the July resolution.

Lower court judges initially dismissed Dr Sarana’s lawsuit. He appealed to the Supreme Administrative Court, which overturned the dismissal and directed the lower court to examine the merits.

Supreme court appeal expected next

An adviser to Dr Sarana said the losing party on Sept 25 will likely appeal to the Supreme Administrative Court. That filing will push the dispute into a final appellate round.

Questions & Answers

Q.

What is Dr Sarana accused of doing wrong?

A.

He is accused of holding an advisory role at a state agency, specifically receiving hourly payments as a physician at Ramathibodi Hospital, after being instructed to clear all prohibited state posts before taking office as NBTC chairman.

Q.

What is the impact of the ongoing dispute at the NBTC?

A.

Internal disputes have caused NBTC board meetings to collapse since late July, delaying regulatory work for mobile network operators, broadband providers, and media licensees across Thailand.

Q.

What happens if Dr Sarana loses the court ruling on September 25?

A.

The losing party on September 25 will likely appeal to the Supreme Administrative Court, pushing the dispute into a final appellate round.

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