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Published on February 12, 2008

Prime Minister Samak Sundaravej's plan to establish an independent television station will face legal obstacles because the authority to do so lies with the yet-to-be-formed National Broadcasting and Telecommunication Commis-sion (NBTC).

With the promulgation of the new Constitution, no other authority but the NBTC has the mandate to allocate airtime frequencies, and it can only do so through a bidding process.

Former senator Niran Pitak-watchara said the Frequency Allocation Act must first take effect before the NBTC can be formed. But approval of the law would take time, as the bill was still being reviewed by the Council of State.

"If the government wants to operate a new television station, it must become a bidder and it will be up to the NBTC to decide who it will award the frequency to," Niran said.

Despite the impending legal hurdles, PM's Office Minister Jakrapob Penkair insisted that the law would not have the last say on the issue.

"If we find that people don't receive adequate information in terms of quality and quantity, the premier's plan is an alternative solution," Jakrapob said, adding that the government would listen to opinions and conduct careful studies before deciding on a plan to invest in a new television station.

"Within one month, I will make clear how we are going to proceed with this plan and what the timeframe is."

He said the effort would cover all media fields and proposals could include a satellite station like People's Television (PTV).

Launched by supporters of ex-PM Thaksin Shinawatra, PTV was shut down because it did not have an operating license.

In response to Samak's idea, Assoc Prof Thirapat Wannaruemon of Chiang Mai University said the country did not need an independent TV station now as it already had a new public TV station that could expand its service to various other media channels like the BBC.

The country's first public television station, TPBS, is scheduled to begin its broadcast services officially this Friday.

"If the premier really wants to establish an independent television station, he should wait for the relevant laws to take effect first," Thirapat said.

He expected the laws to take effect before the end of this year.

So far, only the Broadcasting Business Act has passed through the legislative process, and it deals mainly with local frequencies and cable stations.

Somkiat Tangkijvanich, of the Thailand Development Research Institute, said if the government planned to set up a new TV station now, it would have to be a satellite station.

"One can apply for a temporary licence to operate a satellite television station from the National Telecommunications Commission," he said.

Major television stations in Thailand use territorial airwaves like the UHF band.

Meanwhile, Somchai Suwanban, the former head of the BBC's Thai service, called on Jakrapob not to meddle with TPBS and to ensure the freedom of all broadcast media.

In his capacity as spokesman for the temporary policy board, Apichart Thongyoo said the TPBS would cater for the public need for a neutral television station.

"This is a station that will be free from political and business interests. It's not that this station is going to be the government's enemy," Apichart said. When Samak hinted at the plan to set up an independent TV station on Sunday, he said he wanted to let the public decide whether an independent or a public television station was the better option.

The Nation