Complaint Filed Against NBTC for Neglect of Duty

MVNO Services’ complaint alleges a profound neglect of duty by the NBTC in consistently failing to enforce its own regulations designed to ensure fair network access for Mobile Virtual Network Aggregators (MVNAs) and Operators (MVNOs). This inaction, stretching back over a decade, is asserted to have significantly impeded competition and stunted growth within the Thai telecommunications sector.

The NBTC’s mandate explicitly includes fostering fair competition and optimizing spectrum utilization. To that end, in 2013, the regulator introduced provisions aimed at facilitating the entry and operation of MVNAs and MVNOs, recognizing their potential to drive innovation, diversify services, and ultimately benefit consumers. These regulations notably incorporated critical provisions for network access and interconnection, intended to create a level playing field for MVNOs to secure wholesale agreements with established Mobile Network Operators (MNOs) like AIS and the merged TRUE/DTAC.

However, MVNO Services Co., Ltd. contends that despite these regulations being in place for over ten years, the NBTC has “demonstrably failed to actively monitor, compel, or enforce compliance” from these dominant MNOs. This alleged regulatory inaction has cultivated a detrimental market environment characterized by:

• Ineffective MVNO Licenses: Since 2013, more than 65 entities have obtained MVNA/MVNO licenses from the NBTC, investing substantial resources. Yet, many have found themselves unable to secure the necessary wholesale access agreements with AIS and TRUE/DTAC, effectively rendering their licenses useless and resulting in significant economic losses and missed investment opportunities.
• Stifled Competition and Innovation: The absence of a genuinely competitive MVNO market has demonstrably prevented the introduction of new services, niche offerings, and pricing innovations essential for a vibrant telecommunications landscape in Thailand, directly contradicting the NBTC’s mandate.
• Market Distortion and Dominance: The unchecked power of the few incumbent MNOs, enabled by a lack of effective regulatory enforcement, has led to significant market distortions and an absence of genuine competition, ultimately disadvantaging both businesses and consumers.
• Undermining National Digital Economy Goals: A robust and thriving MVNO sector is widely considered a cornerstone for fostering a dynamic digital economy. The NBTC’s prolonged failure to ensure MVNO access directly undermines national initiatives aimed at modernizing and diversifying Thailand’s telecommunications infrastructure and services.

MVNO Services Co., Ltd. underscores that its complaint stems from the NBTC’s “profound failure to perform its duties” in accordance with its own legal framework and its persistent inaction in enforcing existing provisions. The company asserts that this regulatory negligence has directly inflicted substantial adverse impacts on its operations and investment prospects, as well as those of other entities within the telecommunications sector.

The complaint argues that the NBTC’s responsibilities extend beyond merely promulgating regulations; they explicitly include their effective implementation and enforcement. The regulator’s “long-standing passive approach” concerning MVNO access is therefore characterized as a clear case of “mal-administration” and a significant dereliction of its fundamental regulatory responsibilities.

Ombudsman Called to Action: Seeking Immediate Intervention

MVNO Services Co., Ltd. has formally requested that the Office of the Ombudsman initiate a thorough and impartial investigation into the NBTC’s failure to enforce its MVNO access regulations. The company specifically urges the Ombudsman to:

1. Investigate the root causes behind the NBTC’s prolonged inaction and lack of effective enforcement regarding MVNO access.
2. Compel the NBTC to take immediate and concrete steps to enforce its existing MVNO access regulations, ensuring fair, transparent, and non-discriminatory wholesale agreements are genuinely available to licensed MVNOs.
3. Recommend remedial actions to address the systemic issues that have allowed this regulatory failure to persist for over a decade, including potential revisions to enforcement mechanisms or legislative frameworks if deemed necessary to ensure future compliance.
4. Monitor the NBTC’s compliance with any recommendations or orders issued by the Ombudsman to ensure a genuine and lasting resolution to this critical market issue.

MVNO Services Co., Ltd. views this matter as being of “significant public interest,” impacting the competitiveness and development of a crucial national infrastructure sector and affecting businesses and consumers across Thailand.