The NLA passed the National Broadcasting and Telecommunications Commission Act (No. 3) B.E. 2562 (A.D. 2019) on the 28th of December 2019. It amended the NBTC Act B.E. 2553 (A.D. 2010) as amended by the NBTC Act (No. 2). It was published in the Government Gazette on the 16th of April 2019 and is effective on and from the 17th of April 2019.
The major amendments are as follows:-
1. The NBTC is required to prepare a master plan for spectrum administration, a national spectrum schedule, a radio and television broadcasting business master plan, a telecommunications master plan, a radio frequencies master plan, and a satellite orbit rights administration plan.
2. A spectrum license can be for a national, regional or local level as the NBTC may determine.
3. The NBTC may permit other parties to use the same frequency or bandwidth provided that use of the same frequency or bandwidth by another person must not interfere with the use of them by the licensee.
4. The NBTC may grant frequency licenses by any means other than an auction for frequencies which are sufficient for usage or for use for the public interest, state security, or non-profit activities.
5. A frequency license holder must operate the business by itself. Allowing another person to manage the licensed frequency in whole or in part or allowing another person to operate the business cannot be made. However, leasing radio or TV time slots to other persons is possible if allowed by the NBTC.
6. A radio-TV spectrum licensee must allocate at least 25% of the licensed frequency for use for interest of the public.
7. A frequency license is exclusive for the licensee and cannot be transferred to any other person without approval from the NBTC.
- Managing Partner | bangkok
- Associate | bangkok
The information provided in this document is general in nature and may not apply to any specific situation. Specific advice should be sought before taking any action based on the information provided. Under no circumstances shall LawPlus Ltd. and LawPlus Myanmar Ltd. or any of their directors, partners and lawyers be liable for any direct or indirect, incidental or consequential loss or damage that results from the use of or the reliance upon the information contained in this document. Copyright © 2016 to 2019 LawPlus Ltd.