Court prevents TOT exerting ‘regulatory’ power over TT&T

2 Mar 2009

Thailand’s Supreme Administrative Court has issued a decision denying state-run telco TOT any supervisory control over privately owned competitor TT&T after ruling that the National Telecoms Commission (NTC) is the sole body with regulatory power in the sector. The judgment confirmed an earlier Administrative Court ruling that said that, as a corporatised entity, TOT has no regulatory authority over TT&T, despite the fact that the provincial fixed line and broadband provider operates under a build-transfer-operate (BTO) revenue sharing licence held by TOT. TT&T first launched the court case in 2005 following the establishment of the NTC as independent regulator and the corporatisation of TOT. TT&T, like fellow private operator True, has since established several subsidiaries and associated companies to operate various telecoms services outside of the BTO concession framework. The most recent legal announcement rejected a claim by TOT that it retained regulatory powers under a Joint Operation Agreement and the Telegraph & Telephone Acts, on the grounds that full autonomous powers were transferred to the NTC by the Frequency Allocation, Broadcasting & Telecommunication Supervision Act, to ensure free and fair competition.

Thailand, TOT, Triple T Broadband (3BB)