The National Broadcasting and Telecommunications Commission's (NBTC) selection of a new secretary-general cannot be revoked without a good reason, or the regulator could face legal action from other applicants for the position, said NBTC chairman Dr Sarana Boonbaichaiyapruck.
Dr Sarana said although four of the seven NBTC commissioners had expressed their disagreement with the selection process since the beginning, he plans to propose the list of candidates by July 15 to the board so members can cast their votes to select the next secretary-general.
He said nine executives applied for the position after the deadline was extended until May 7. The application period was originally set from March 20 to April 7.
The applicants include Pakorn Apaphant, executive director and member of executive board of Geo-Informatics and Space Tech Development Agency (GISTDA); Trairat Viriyasirikul, deputy secretary-general of NBTC; Kittisak Sriprasert, former president of CAT Telecom; Col Thanatmet Phatnarongrat, a member of the NBTC's Performance Monitoring and Evaluation Committee; and academician Pisit Boonsrimuang.
Dr Polawat Witoolkollachit, former board chairman of KTB Computer Services (KTBCS), and Surangkana Wayuparb, former chief executive of Electronic Transactions Development Agency (ETDA) both submitted applications, along with Sutisak Tantayotin, NBTC's deputy secretary-general, and Peerakan Kaewwongwattana, chief executive of Airport Rail Link.
Dr Sarana said that four of the seven commissioners might opt to abstain from voting to select the secretary-general. Rather, they might request the board that they vote based upon whether or not they agree with the selection process from a legal perspective.
The selection process has to go ahead as it has now got underway and received applications from nine candidates. If the process were scrapped for a reason that is unclear, it could face the risk of attracting a legal challenge, Dr Sarana said.
The selection process has now reached the stage in which candidates' qualifications are being verified by an NBTC panel.
Dr Sarana has yet to finalise how the candidates would be presented to the board for the voting process. The NBTC might nominate the most suitable candidates one by one for the board members to cast their votes. If an applicant receives fewer than four votes from the commissioners, the names of other applicants in descending order would be presented until the board identifies a candidate who has won a majority, he said.
Another option is to put forward all the names of qualified candidates for the vote. The candidate who receives the majority of votes from the commissioners would then be appointed to the post of secretary-general.
A source from the NBTC board who requested anonymity said four commissioners are likely to ask the board for a vote to decide on whether or not they agree with the selection process if the chairman proposes the candidates for the board to appoint as the new secretary-general.
The four commissioners are AM Thanapant Raicharoen, Pirongrong Ramasoota, Suphat Suphachalasai and Sompop Purivigraipong, according to the source.
Earlier Dr Sarana insisted that his selection method for the appointment of a new secretary-general is in compliance with his authority under the NBTC's laws, despite some commissioners disagreeing with this method.
The chairman plans to handpick the secretary-general and propose the name for the board's approval. Some commissioners doubt whether this selection method complies with the NBTC's related laws and regulations.
Dr Sarana cited Section 61 of the NBTC Act, which stipulates that the chairperson, with the consent of the NBTC board, shall appoint the secretary-general.
Some commissioners are also doubtful whether the selection process would be able to easily gain the approval of the majority of board members. Those commissioners who have opposed the selection process view that the process is at risk of being invalidated as it has yet to obtain formal approval from the board to start the recruitment process.
The board held a meeting on March 7 to prepare an agenda for the selection of the secretary-general. At the meeting, NBTC's management proposed only a draft of candidate qualifications for the board's consideration. The selection method was also proposed separately, but only for their acknowledgement.
The move surprised some commissioners as they believed they had convened to consider both the candidates' qualifications and the selection procedure.
At the meeting, three out of six commissioners in attendance -- NBTC chairman Dr Sarana, Pol Gen Nathathorn Prousoontorn and Torpong Selanon -- voted in favour of considering only the draft of candidates' qualifications.
The other three commissioners -- AM Thanapant, Mrs Pirongrong and Mr Suphat -- reserved the right not to vote on the matter. Dr Sarana then exercised his power as chairman to cast another vote, resulting in a 4-3 resolution on the issue.
The same source added that, based on legal practice, the NBTC board has to give official final approval to the resolution of the March 7 meeting before the selection process can begin.
On March 29, the NBTC board had an agenda set for making an official final approval of the March 7 resolution. However, the source said the meeting did not call for a vote to approve the resolution on March 7 and such a resolution has yet to be endorsed.
The meeting on that day had seven commissioners taking part as Sompop Purivigraipong's name was published in the Royal Gazette just before the meeting, making him the seventh commissioner.
