Thursday, November 01, 2007

Draft puts regulators on same wavelength

The Nation (1 November 2007)

The draft amendments to the Frequency Allocation Act approved by the Cabinet on Tuesday will promote a clear role between the new regulator and the government in determining telecommunications and broadcasting policy and mandate the new body to finish a plan for digital television within a year. The two elements are among the new details added by the draft-adjustment committee of the Information and Communications Technology (ICT) Ministry.
The science and communications committee of the National Legislative Assembly (NLA) initiated the amendment of the Act by proposing the formation of a single telecommunications and broadcasting regulator: the National Broadcasting and Telecommunications Commission (NBTC). This is in line with the convergence of the two technologies and will address the void in the broadcasting industry caused by the lack of a National Broadcasting Commission (NBC).
The ICT Ministry adjusted the draft submitted to it by the NLA committee, and the Cabinet approved the adjusted draft on Tuesday. The ministry had added to the draft that the government create an authority that would determine policy governing use of telecommunications and broadcasting frequencies. Currently, the existing National Telecommunications Commission (NTC) and the government have redundant roles in the matter. Once the nine-member NBTC is up and running, it must also finish drawing up a plan to usher the Kingdom into the digital-television era from its current analogue mode within a year. The Senate can also remove an NBTC member from office if he or she fails to perform properly or in the event of "misbehaviour". In addition, the ministry-adjusted draft requires all NBTC commissioners to leave office together within a term of six years. Under existing law, the six members each of the NTC and NBC are in office for six years, but three are to be removed, selected via a drawing of lots, in the first three years of their tenure. Also added to the draft is that the Senate set up a committee to evaluate the NBTC's performance, whereas existing law empowers the NTC and NBC to each set up its own evaluation committee. However, industrialists are concerned about whether the draft will be passed into law during the present government's term. If not, it will be legally uncertain if the NTC alone can award new frequency licences, including for wireless broadband. Existing law mandates that the NTC and the NBC manage and allocate new telecommunications and broadcasting spectra jointly. The Cabinet will forward the approved draft for NLA consideration to be passed into law. The NTC has now been in operation for three years, while the NBC has yet to be established. In November 2005, the Central Administrative Court ruled to invalidate the process of selecting 14 candidates for seven NBC seats, citing its unconstitutionality.

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