NBTC Chairman's Eligibility Dispute Casts Shadow Over Regulator's Decisions

The National Broadcasting and Telecommunications Commission (NBTC) selection committee's decision to disqualify chairman Dr Sarana Boonbaichaiyapruck has raised concerns about wider consequences for the regulator's operations and policy decisions. Trairat Viriyasirikul, acting secretary-general of the NBTC, stated that predicting the outcome of the upcoming board meeting is difficult. He noted that Dr Sarana's involvement in a legal dispute might affect the validity of the board's resolutions, though the chairman retains his position and authority as he has not been officially removed by royal decree. Dr Sarana has the right to sue the selection committee, claiming unfair treatment. However, he must await the committee's official ruling before taking legal action. Prime Minister Anutin Charnvirakul has indicated that any legal implications arising from the committee's ruling will be considered under relevant laws, and all parties have the right to appeal. The core issue stems from Article 8 (2) of the 2010 NBTC Act, which prohibits commissioners from being employees of state agencies or state enterprises. Evidence presented to the selection committee suggests Dr Sarana held temporary employee status as a physician at Ramathibodi Hospital's Faculty of Medicine, receiving hourly payments from January 8 to April 12, 2022. Article 18 of the 2021 NBTC Act requires individuals approved by the Senate to provide evidence of not being prohibited under Article 8. Dr Sarana maintains he resigned from government service on January 8, 2022, and was not an employee. He argued that he had to fulfill his duties as a physician, including outpatient consultations, while awaiting royal endorsement, and is considering his legal options. This eligibility dispute could impact the validity of past NBTC resolutions, particularly the October 5, 2022, vote on the merger of True Corporation and Total Access Communication. As chairman, Dr Sarana cast the deciding vote in a 3-2 decision stating the NBTC lacked the authority to approve or reject the merger. The initial vote was split 2-2, with one commissioner abstaining. Legal experts suggest that if a commissioner is found to lack qualifications, the Prime Minister must seek royal approval for their removal. However, under Article 19 of the Administrative Procedure Act of 1996, actions performed by officials during their tenure are generally not affected by subsequent removal. Some industry sources have called for the disbandment of the entire NBTC board and a fresh selection process to address Dr Sarana's qualification issues and alleged disunity among commissioners. Given that the NBTC operates under government oversight, the Prime Minister is urged to ensure the regulator's functions are not further hampered. Source: Bangkok Post