You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

August 8, 2014

Alternative Means of Allocating Telecommunications Spectrum

Bangkok Post, Corporate Counsellor Column

Reports have been circulating since the beginning of this year that the National Broadcasting and Telecommunications Commission (NBTC) is looking to make a number of changes to the Act on Organization to Assign Radio Frequency and to Regulate the Broadcasting and Telecommunications Services of 2010, also known as the Frequency Allocation Act. One of the most talked-about changes would involve Section 45, which deals with allocation of spectrum.

Section 45 currently provides that any person who wishes to use spectrum for the purpose of operating a telecommunications business must obtain a license under the Frequency Allocation Act by means of a spectrum auction, in accordance with the criteria, procedures, duration, and conditions prescribed by the NBTC. In brief, the law stipulates that spectrum must be allocated only by auction.

The proposed change to Section 45 allows for other methods of frequency allocation. While the alternatives have yet to be announced, examples can be seen in other jurisdictions. These include auctions, lotteries and “beauty contests.”

In recent years, the auction has the most frequently used method. From an economic standpoint, the best part about auctions—provided they are truly competitive—is that they allocate a spectrum to those who will use it most productively. The concept is that bidders, acting rationally, will make bids based on the profits they project to generate from the spectrum.

Since superior business plans align with projections of greater profits, bidders projecting the highest profits place the highest bids. Of course, bids cannot be arbitrary, because winning bidders must actually pay what they bid, and a tremendous amount of analysis goes into their business plans, both for their own internal purposes and for the purposes of obtaining external financing. Payments for spectrum rights can be enormous, and so a secondary benefit is that the cash yielded can be a boon to government finances.

On the other hand, some have argued that auctions put operators in the position of spending too much merely to acquire spectrum rights—funds that would be better used in building out their networks. They also argue that the expense of spectrum rights ultimately pushes up the prices operators charge their customers. These arguments are not universally accepted, however, and there are solid economic arguments against each of them.

Another possible weakness of auctions is they do not work well when the number of bidders is too low relative to the number of licenses being auctioned. In Thailand, where the three-bidder 3G auction drew widespread criticism, this is the key reason for seeking to amend the law to allow for the use of other methods.

As noted above, lotteries are an alternative. Following this approach, once a group of qualified applicants is established, a lottery is used to select winners at random, and the winners generally pay much lower fees for rights to use the spectrum relative to what would be payable in the context of a competitive auction.

However, one problem with lotteries is bids are often placed by opportunists who do not intend to use the spectrum and simply see an opportunity to obtain it at a low price and then sell it to real operators at a much higher price. So this approach can still result in operators paying high prices for spectrum, but the large profits go to winning bidders rather than to government coffers. Even worse, there are additional transaction costs associated with the sale of spectrum rights by winning bidders to real operators.

The other option is the colloquially termed “beauty contest.” Formally, the process is called a “comparative hearing.” Following this process, applicants must provide detailed information about themselves and their plans. The regulator then selects the strongest applicants with the best plans, and those winners pay fees that are substantially less than in a competitive auction.

But from the standpoint of the regulator running the beauty contest, it can be difficult to choose which criteria will be used to select the winners, and given all that needs to be considered, the selection process can be very lengthy and costly for the regulator.

Once the winners of a beauty contest are announced, there are risks that some applicants might perceive the results to be unfair, and they may challenge the selection. Also, some argue this method favors incumbents, as they are able to demonstrate experience, which would typically be heavily weighted in the regulator’s selection process.

Ultimately, all three methods—auctions, lotteries, and beauty contests—are legitimate public policy choices. Different methods can be beneficial in different scenarios, and the challenge is choosing the method that best suits the circumstances.

In the case of Thailand, the primary barrier to successful auctions is the low number of qualified bidders.

One means of increasing the number of qualified bidders would be to ease foreign ownership and control restrictions in the telecommunications sector, so that foreign operators can bid without controversy.

Ultimately, service users would be better served by a market that is more competitive regardless of the nationality of the operators providing service in that market. Until such change is made, it is likely that auctions will not work as intended, and alternative methods will be necessary.

RELATED INSIGHTS​ 

August 11, 2026
On July 27, 2026, the State Bank of Vietnam (SBV) released a draft decree proposing amendments to Decree No. 52/2024/ND-CP dated May 15, 2024, on non-cash payments (Decree 52). The draft decree would amend 17 of Decree 52’s 38 articles, with several key changes directly affecting providers of intermediary payment service (IPS). The key proposed changes affecting IPS providers are outlined below. Streamlining IPS Licensing Procedures A central objective of the draft decree is to simplify regulatory procedures for IPS providers. Notably, it would significantly reduce IPS licensing documentation requirements by removing the need to submit enterprise registration certificates, investment registration certificates, and documents evidencing the qualifications of the legal representative and general director. Instead, the SBV would retrieve this information directly from national business registration and other specialized databases, requesting additional documents only where the relevant information cannot be verified electronically or is incomplete. The draft decree also removes the current limit of two rounds for dossier supplementation and shortens processing timelines for several IPS licensing procedures such as issuance, amendment, and reissuance of IPS licenses. The processing time for new IPS license applications would be thereby reduced from 90 to 60 working days. In addition, several continuing IPS business conditions would be removed. For example, IPS providers would no longer be required to maintain certain representations relating to corporate restructuring or the legality of contributed capital. Likewise, the IPS project plan (đề án) would become a one-time application document rather than an ongoing licensing condition. If retained in the final decree, this change could provide IPS providers with significantly greater flexibility to implement post-licensing technology upgrades, system integrations, and corporate restructuring transactions without needing to revisit the originally approved project plan. The draft decree also removes the requirement for the SBV to consult the Ministry of Public
August 10, 2026
Thailand has finalized its social media KYC (“know your customer”) rules under Notification of the Electronic Transactions Commission on Measures to Prevent Technological Crimes for Social Media Service Providers (No. 2), which was published in the Government Gazette on May 5, 2026, and will take effect on November 1, 2026. While an early draft of the notification proposed requiring social media platforms to arrange identification of every user account, the final notification is significantly more targeted, focusing on paid online advertising and advertiser identity verification. Though the regulatory initiative primarily aims to combat online fraud and technology-related crimes, it also has important consequences for intellectual property enforcement, because the verified platform records that will be generated under the new requirements can help IP rights holders to identify anonymous online infringers. Key Regulatory Mandates The notification requires social media service providers to verify the identity of advertisers before their paid advertisements are published and disseminated in Thailand through social media, regardless of whether the advertising fees come from the advertisers or third parties. Verification of an advertiser is valid for one year, after which verification would have to be performed again before the platform could publish additional paid advertisements from the advertiser. Permitted verification methods are specified under the notification. A platform may verify an advertiser by checking identity evidence and confirming the connection between the advertiser and that identity evidence, with the notification giving facial comparison against certain government-issued identity documents as an example. Alternatively, platforms may verify advertisers through a digital identity verification and authentication system with an identity-proofing assurance level not lower than the level prescribed by Thailand’s Electronic Transactions Commission. The notification further requires platforms to retain only the advertiser’s information necessary to identify the advertiser, beginning from the start of the advertising activity and for
August 10, 2026
On July 31, 2026, Thailand’s Big Data Institute (BDI) launched a public consultation on the principles of a proposed new data-sharing law, with comments accepted until August 31, 2026. If enacted, the law would establish Thailand’s first comprehensive framework for government and private-sector data sharing, creating a systematic, secure, and transparent regime to support analytics, policymaking, research, and innovation. Central Data-Sharing Platform The draft law establishes a central system for data sharing, managed by the BDI. Government agencies would be required to connect to the BDI’s Data Integration and Intelligence Platform (also referred to as D2), in accordance with the BDI’s rules and procedures. Five Dimensions of Data Sharing The draft law covers five key types of data sharing between government (G), businesses (B), and consumers (C): G2B: Private organizations may request government data specifically for research and development purposes. The BDI will assess the applicant’s data governance, security, and privacy capabilities whether such measures meet prescribed standards before forwarding the request to the relevant government agency within 90 days. Any dispute may be escalated to a newly established Data-Sharing Promotion Committee for final determination. G2G: Government agencies may request data from other agencies through the central system. The data-holding agency must respond within 90 days, taking legality, necessity, proportionality, public interest, and personal data protection into account. Disputes may be referred to the Data-Sharing Promotion Committee for adjudication. B2G: In emergency situations involving public safety, economic security, or disaster response, the Minister of Digital Economy and Society may require private entities to provide data through the central data-sharing system. Government agencies must specify the data requested, demonstrate its necessity and expected benefits, and request only data reasonably available to the data holder. Requests for personal data must be limited to the minimum amount necessary. B2C: Royal decrees may
August 10, 2026
Thailand’s Office of the Personal Data Protection Committee (PDPC) recently released draft guidance on records of processing activities (ROPA) for personal data controllers and processors under the Personal Data Protection Act B.E. 2562 (2019) (PDPA). The draft guidance, which was presented to the public on July 7, 2026, addresses both controller records of collection, use, and disclosure of personal data and processor records of processing activities carried out on behalf of controllers. If implemented, the guidance will significantly expand organizational expectations for ROPA preparation, maintenance, and use across all sectors. Key Takeaways The draft guidance contains several important implications for organizations subject to the PDPA: ROPA reframed as a core accountability tool. The guidance elevates ROPA from an administrative record to a central accountability mechanism, connecting controller duties with recordkeeping obligations. ROPA as a source for privacy notices and governance documents. ROPA should serve as the primary source for privacy notices and align with consent management, retention schedules, DPIAs, incident response plans, and vendor contracts. Expanded scope across all activities. ROPA must cover all processing activities across the organization—including security, finance, HR, and external contractors—with correct controller or processor classification for each. Ongoing maintenance and auditability. ROPA must be updated for any change to systems, purposes, or processors, reviewed at least annually, and maintained with version control and a designated owner. Enhanced vendor, processor, and cross-border transfer requirements. Organizations must document all processors, external recipients, and cross-border transfers, specifying purposes, access scope, and destination countries. Linkage with risk assessment, DPIAs, and LIAs. ROPA should assign risk levels to each activity and identify when data protection impact assessments (DPIAs) or legitimate interests assessments (LIAs) are required, functioning as a risk-management tool. ROPA and data breach readiness. Incomplete ROPA can delay breach response and notification. Organizations should map data flows, vendors,