Thailand Telecommunications: Does the National Broadcasting and Telecommunications Commission align with the International Telecommunications Union Guidelines?
Although the National Broadcasting and Telecommunications Commission (NBTC) (see https://fosrlaw.com/2021/thailands-telecommunications-business-act/) considers the guidelines of the International Telecommunication Union (ITU), it often aligns with these guidelines. However, this is not always true. For example, while the NBTC references the ITU Table of Frequency Allocations, it does not strictly adhere to those allocations.
This is evidenced in the:
NBTC Notification: Master Plan on Frequency Allocation (ฉบับที่ 2 พ.ศ. 2563 / 2020 Revision)
This notification explicitly states that:
“The NBTC may deviate from the ITU’s frequency allocation table where necessary, in accordance with national interest, public benefit, security, or to accommodate market needs.”
Key NBTC Divergences from ITU
- Custom Band Designations
- The NBTC reclassifies certain frequency bands for different services than those prescribed by the ITU, especially for mobile broadband and digital TV.
- Example: Portions of the C-band and Ku-band are reallocated or prioritized for terrestrial 5G or government use, rather than satellite broadcasting.
- Non-harmonized Spectrum for 5G
- Thailand opened parts of the 700 MHz and 26 GHz bands for 5G earlier than some ITU harmonization timelines, based on local auction and rollout strategies.
- Government Reserve Bands
- Some frequency ranges are reserved exclusively for government or military use, regardless of ITU recommendations.
- Use of “National Interest” Clauses
- The NBTC holds the legal authority, as stated in the Frequency Allocation Act B.E. 2553 (2010), to override ITU recommendations in cases related to national security, disaster response, or infrastructure projects.
Legal Basis for ITU / NBTC Divergence
This flexibility is provided by:
- Section 27(3) of the Frequency Allocation Act, which permits the NBTC to designate spectrum in a manner that “benefits the public and national interest”.
- NBTC Master Plan (2020 update): formally notes that ITU guidelines are advisory rather than binding, and Thailand reserves the right to modify allocations to prioritize domestic needs.
Conclusion
The NBTC does not strictly follow the ITU National Table of Frequency Allocations.
Instead, it maintains a Thai-specific NTFA, which is derived from ITU guidance but adapted through legal authority to meet national needs. This indicates:
- ITU serves as a framework, not a rulebook.
- Operators must always refer to NBTC’s official National Table of Frequency Allocation and Master Plan, not just ITU references, when planning satellite, mobile, or broadcasting services.
About the Authors:
John Formichella, formerly the General Counsel of a NASDAQ-listed telecommunications enterprise, is a distinguished expert in telecommunications law, possessing extensive experience in navigating complex regulatory frameworks across both domestic and international markets. He specializes in strategic advisement on licensing, compliance, and policy matters pertinent to satellite communications, spectrum management, and cross-border telecommunications services. John’s profound understanding of both legal and technical issues empowers him to adeptly support clients in acclimating to dynamic regulations and emerging technologies within the telecommunications landscape.
Naytiwut Jamallsawat is a distinguished partner at Formichella & Sritawat Attorneys at Law, where he spearheads the firm’s Corporate and Regulatory Practice. With extensive expertise in telecommunications, media, data privacy, cybersecurity, and satellite law, he provides astute counsel to multinational clients on navigating complex regulatory landscapes, optimizing foreign direct investment structures, and addressing nuanced sector-specific legal challenges.