SEMINAR
Academic, consumer rights advocate speak up against NBTC vote counting
The Nation

BANGKOK: -- A SCHOLAR and a consumer-rights advocate have suggested that the broadcasting regulator's recent decision on the legitimacy of News Network Corp's (NEWS) stake in Nation Multimedia Group (NMG) was a significant breach of a universally accepted voting process, as its committee had counted two abstentions in with the majority vote.

Piyabutr Bunaramrueang, lecturer in the Law Faculty at the University of the Thai Chamber of Commerce, yesterday said that for all intents and purposes, abstentions should not be counted as positive or negative votes, but this practice had not been followed in the decision of the broadcasting committee of the National Broadcasting and Telecommunications Commission on March 30 not to take action against NEWS, formerly known as Solution Corner (SLC).

"There was probably something wrong in the process. In a universal voting system, when it comes to voting, abstentions do not count in tallying the vote negatively or positively," the lecturer added.

Piyabutr commented on the issue during the "Next step of digital terrestrial TV broadcasting under new regulations" seminar, co-organised by Nation University.

Suwanna Jitprapas, adviser to the Foundation for Consumers, said she also disagreed with the way that the broadcasting regulator had reached its decision.

She also expressed concerned that the decision would negatively affect the spirit of media reform in regard to digital terrestrial TV broadcasting service.

"This decision will destroy a bar that guarantees diversity in media and public interest, because the watchdog cannot control media cross-holding and hegemony," she added.

Supinya Klangnarong, an NBTC commissioner and member of the regulator's broadcasting committee, said that she and another commissioner, Thawatchai Jittrapanun, had based their votes on the grounds that the anti-hegemony rules imposed ahead of the auction of digital-TV licences should still be in force.

She said the pair were seeking advice from the NBTC's legal team on the validity of the committee's decision, which had left the panel unable to take any action on the controversial case regarding the purchase of a large number of NMG shares by SLC.

They had stated their opposition to the official decision by the broadcasting committee, which had counted the abstentions by panel members Natee Sukonrat and Taweesak Ngamsanga in with the single vote of Peerapong Manakit against applying the rules against SLC.

Offering his personal opinion, Suphab Kleekachai, president of the digital terrestrial TV business club, said he agreed that the rule governing the auction of digital-TV licences to prevent hegemony should be extended to 15 years after the bidding.

He explained that the ecosystem should be maintained in order to preserve a level playing field.

Under the rules governing the awarding of digital-TV licences, a major shareholder is not allowed to hold more than 10 per cent of other companies in the same licence category.

A "major shareholder" is not only defined as a person or juristic person allowed to have ownership of not more than 10 per cent of a company, but also mutual beneficiaries.

Source: http://www.nationmultimedia.com/business/Academic-consumer-rights-advocate-speak-up-against-30257599.html


-- The Nation 2015-04-08

NBTC voted as follows: 2 against SLC

2 abstained

1 for SLC

Simply, 2 votes against is not a majority out of 5 votes. Therefore, the NBTC correctly ruled that the committee cannot take any action on the case.
NTBC would have to change its charter otherwise to change the result. But what if its members voted 2:2:1 on a charter change? The charter couldn't be changed.

NMG's best course of action is to appeal to the NCPO on the grounds of national security that the takeover be stopped under Article 44. Of course that would put a virtual freeze on Thai acquisitions and mergers at a time when the economy is collapsing..