THE head of the Thailand Development Research Institute (TDRI) spoke out yesterday against the idea to use Article 44 of the interim constitution to help troubled digital-TV operators, saying such a move could create new difficulties in law enforcement by the broadcasting regulator in the future.

TDRI president Somkiat Tangkitvanich said he disagreed with the idea, which was floated by a group of digital terrestrial-TV operators and commented on by Takorn Tantasith, secretary-general of the National Broadcasting and Telecommunications Commission (NBTC) recently.

Takorn’s steering committee tasked with solving problems in the digital-TV sector expects to submit the operators’ package of proposals soon for the ruling junta to consider.

They include postponing the third instalment of the upfront licensing fee, totalling more than Bt8 billion; extending the term of digital-TV licences; and permission to exit licence-based digital-TV business without having to pay remaining instalments of the upfront licence fee.

However, the NBTC itself has no authority to decide on these |matters.

Somkiat’s comment was made at a public forum, “Alternatives for Media Reform under the Draft of New Constitution”, co-organised by TDRI and the NBTC at a Bangkok venue.

He suggested that the broadcasting regulator should amend some details in the existing law to pave the way for ailing TV broadcasters to have more flexibility in running their business, such as a via a merger-and-acquisition approach to welcome new players to enter the market under existing licences.

“In regard to using Article 44 to unlock this problem, I do believe there would [as a result] be uncertainty as well as unpredictable factors surfacing in the TV broadcasting industry. These could possibly become new problems that the NBTC would have to be responsible for in the future,” he said.

The TDRI president added that the NBTC should help reduce risk in business operations by speeding up the transition from analogue to digital broadcasting, rolling out a public-relations campaign to raise awareness of digital-TV broadcasting service and regulating digital network providers to ensure fair charges.

In response to his comments, NBTC commissioner Supinya Klangnarong told the forum she agreed with amending the law to pave the way for new players to enter TV broadcasting business in light of some licence-holders struggling in the face of fierce competition in the sector.

She noted, however, that mergers and acquisitions were already allowed under the existing regulations.