Turmoil at the National Broadcasting and Telecommunications Commission (NBTC) is continuing as its board meeting on Wednesday was aborted, just like last month, after four commissioners boycotted the session over the chairman's qualification status.
The deadlock could impact several high-priority telecom and digital infrastructure projects.
NBTC chairman Dr Sarana Boonbaichaiyapruck called for the commissioners to collaborate on Wednesday, working to untangle the deadlock that has stalled the board's consideration of national projects.
An NBTC source who requested anonymity said the session lasted only 30 minutes before Dr Sarana had to postpone the agenda as the meeting failed to reach a quorum, which requires at least four of the seven members.
Commissioner Somphop Purivigraipong walked out when the chairman reached the meeting room, while the commissioners Pirongrong Ramasoota, AM Thanapant Raicharoen and Suphat Suphachalasai started the meeting by questioning the legal status of the chairman after he was recently disqualified by a ruling from the NBTC selection committee.
Dr Sarana urged the group to begin the meeting by complying with their NBTC roles and accountability, however the three commissioners refused to recognise the chairman's authority and left the meeting room.
These commissioners said that, following the ruling by a Senate selection committee that Dr Sarana lacks the qualifications to hold office, his continued presence in the role is untenable.
The schedule calls for the board to hold meetings on Aug 5, 6, 11, 13 and 19. A board meeting on July 27 was aborted as three commissioners boycotted the session on the same grounds.
AGENDA AT RISK
Dr Sarana said among the most pressing issues is acknowledging the extension of Thaicom 4 satellite operations, as its engineering lifespan is set to expire next month after two extensions of its term.
Failure to reach a resolution could lead to engineering risks and service disruptions, he said.
In the past, Thaicom 4 and Thaicom 6 satellites had been operated by satellite operator Thaicom under a state concession regime.
Thaicom transferred ownership of the two satellites to the Digital Economy and Society Ministry which later assigned National Telecom (NT) to operate the service.
Thaicom proposed NT extend the Thaicom 4 service again beyond its original mid-2024 engineering expiration date to the end of this year.
NT later granted extension for Thaicom 4 until the end of September. This permission needs NBTC acknowledgement.
Dr Sarana said other important issues awaiting consideration include the measures for the digital TV broadcasting transition, approvals on the funding of several projects, and allocation of four-digit shortcode numbers for private enterprises.
Responding to suggestions from some commissioners that the board could meet and elect an acting chair in his absence, Dr Sarana maintained that he is legally obligated to perform his duties.
"The law does not permit anyone else to act on behalf of the chairman in this capacity, and many of my responsibilities cannot be delegated," he stated, adding that failing to sign licences or set agendas could potentially expose him to charges of malfeasance under Section 157 of the Criminal Code.
"We were chosen to work for the people," Dr Sarana said.
He said he is attempting informal discussions with board members to prevent further collapses of the meetings.
The NBTC source said that the industry was monitoring Wednesday's board meeting to see if the regulator could overcome its internal rift.
COURT CASE
On Aug 3, Dr Sarana filed a lawsuit with the Central Administrative Court seeking an order to revoke the Senate selection committee's ruling to disqualify him. The petition also asked for an urgent order to grant him interim relief from the ruling.
The court ruled there was no necessity to issue an urgent interim measure prior to judgement in this case. Dr Sarana confirmed the court has accepted consideration of his lawsuit.
In his petition, he argued that the selection committee exceeded its authority and maintained his status as an NBTC commissioner remains valid until a royal command is issued to remove him from office.
On July 17, the committee ruled that Dr Sarana was prohibited from serving as chairman under relevant NBTC laws.
The law requires commissioners to work full-time and prohibits them from holding other paid positions or engaging in occupations that could create conflicts of interest.
NBTC board positions are among the most well-compensated in the public service, with directors paid 360,000 baht a month in salary and allowances, and the chairman earning 450,000 baht.
Dr Sarana, a cardiologist, resigned from government service on Jan 8, 2022 after he was appointed to the NBTC board.
However, the selection panel was shown evidence that Dr Sarana held temporary employee status as a physician at Ramathibodi Hospital, with hourly payments from Jan 8 to April 12, 2022. He also saw patients at other hospitals, saying they were existing patients and he was obliged to continue overseeing their care.
