Commissioners at the National Broadcasting and Telecommunications Commission (NBTC) have asked Prime Minister Anutin Charnvirakul to intervene in the case of the NBTC chairman's qualifications to untangle the deadlock at the regulator.
On July 17, the NBTC selection committee ruled that Dr Sarana Boonbaichaiyapruck lacks the qualifications to hold the office of chairman, according to Section 8 (2) of the 2010 NBTC Act. Dr Sarana has indicated he is keeping his legal options open.
The committee said the chairman was prohibited based on the law because he did not resign from prohibited jobs before the deadline of Jan 11, 2022.
NBTC commissioner Suphat Suphachalasai said the premier must take decisive action using legal options.
Mr Anutin could forward the ruling to the secretariat of the Senate, allowing the Senate to issue a final ruling on the enforceability of the panel's vote.
The premier could also formally seek royal approval to remove Dr Sarana from office.
On the other hand, if Mr Anutin seeks to confirm that the chairman's status is legal, it would provide the legal clarity needed for the NBTC board to resume its functions.
A source in NBTC management who requested anonymity said until such clarity is provided, the regulator remains "in a state of paralysis" despite several critical policies awaiting its decisions.
The NBTC board meeting yesterday was aborted as three commissioners boycotted the session over the ruling on the chairman's qualifications. This crisis is expected to plunge the regulator into a deadlock, with the next meeting scheduled for Aug 5.
According to an NBTC source who requested anonymity, the meeting lasted 30 minutes before three commissioners staged a walkout, questioning the legal status of the chairman.
The commissioners are Pirongrong Ramasoota, AM Thanapant Raicharoen and Mr Suphat.
The meeting commenced with only six of the seven commissioners, as Somphop Purivigraipong was absent.
The proceedings ground to a halt when the three members refused to recognise the chairman's authority to preside over the session.
These commissioners argued the selection committee's vote means Dr Sarana should not continue his role.
MEETING COLLAPSED
The trio exited the room and submitted formal leave notices, leaving only three members -- including the chairman -- in attendance. As a result, the meeting failed to reach a quorum, which requires at least four of the seven members, forcing an immediate adjournment.
Dr Sarana called on the exiting board members to fulfil their roles at the meeting. The commissioners refused to return and instead went to give press interviews.
Dr Sarana said he remains legally in office until a royal command formally relieves him of his duties.
"Only a royal command can terminate my duty in office," he said.
According to the panel's ruling on July 17, Dr Sarana forfeited his right to assume office under Section 18 of 2021 NBTC Act, as he was prohibited based on Section 8 of the 2010 NBTC Act.
The three commissioners maintained the committee's vote was the final word.
Mr Suphat said any resolutions passed during meetings presided over by a disqualified chairman carry significant legal risks and could trigger a wave of lawsuits.
"The current situation is a vacuum, and I'm unsure whether the Aug 5 meeting can proceed," he said.
The selection committee consulted with the Council of State over whether it has the authority to rule on Dr Sarana's qualifications. The agency confirmed that the panel can do so under NBTC laws.
While the chairman previously petitioned the Constitutional Court regarding the selection committee's power to rule on his qualifications, the court deferred to the opinion of the Council of State.
DIFFERENT CASES
Mrs Pirongrong said the chairman's case differs fundamentally from her own legal challenges.
In 2025, Mrs Pirongrong was sentenced to two years in jail for dereliction of duty arising from a complaint filed by True Digital Group.
The two-year jail term came with no suspension. The court later granted her bail with a 300,000-baht surety pending an appeal, on the condition that she not leave the country.
As a result, Ms Pirongrong can remain a member of the regulator's board.
She told the Bangkok Post she was previously ordered by the Criminal Court for Corruption and Misconduct Cases to suspend her duties, and she emphasised her case is still in the preliminary stages and remains subject to appeal in higher courts.
In contrast, the selection panel's ruling on Dr Sarana was that he was ineligible for the position from the very beginning.
