ปัญหากฎหมายเกี่ยวกับการออกใบอนุญาต 3G and Beyond

Abstract

Abstract in Thai unavailable

Legal Problems Concerning Licensing of 3G Mobile Phone Services and Beyond

Concerning Licensing of 3G Mobile Phone Services the method used in licensing must involve auctioning the use of frequency waves. This method is the only method thus far used. However, it has been found that those organizations requesting such licenses do not appear to have the qualifications required for providing telecommunication services. There are problems of licenses involving individual rights in which individuals must conduct telecommunication business themselves. There are also problems involving the organization issuing the licenses.

The issue of licensing for mobile phone service 3G and beyond falls under the rubric of the categories of public interest theory. It is also necessary to determine with precision the objectives of issuing such licenses. The causes of all these problems are considered by references to the Act on the Organization to Assign Radio Frequencies to Regulate Broadcasting and Telecommunication Services, BE 2553 (2010).

In view of the aforementioned untoward effects, the researcher would like to offer some recommendations for improving and developing paragraph 2 of Section 17 in addition to Sections 19, 40, 45, 46, and 74 of the Act on the Organization to Assign Radio Frequencies to Regulate Broadcasting and Telecommunication Services, BE 2553 (2010) to the end of its application becoming more flexible and its contents made clearer. Recommended is an amendment of the provisions governing licensing methods. In addition, the right to holding licenses should not be restricted to individuals, and individuals should be allowed to conduct joint telecommunication services with others. The organization issuing licenses should be able to operate continuously in placing regulations and determining the framework for issuing licenses to conduct 3G and Beyond telecommunication services.