Digital TV operators are preparing to sue the Administrative Court against the NBTC Chairman for delaying agenda items and neglecting duties, which risks the digital TV industry's business and creates a regulatory vacuum for OTT, allowing scammers to spread.
A senior source from the digital TV operators group and the Digital TV Association revealed that discussions are underway among digital TV operators that if the National Broadcasting and Telecommunications Commission (NBTC) board meeting on 29 December—the year-end session—still does not allow the agenda items of the Digital TV Roadmap, national OTT plan, and OTT regulatory framework to be considered, operators will immediately file an administrative lawsuit naming NBTC Chairman Prof. Dr. Sornnabh Bunyachaiyapruk as the main defendant.
The source stated the lawsuit aims to compel the authority to perform duties as required by law, not to claim damages. The chairman's conduct constitutes "neglect of duty" by delaying agenda items formally proposed by the NBTC television committee continuously for over two years. "The television committee has fully submitted the agenda. Operators have repeatedly requested action since last year. The chairman promised to consider it but has unjustifiably delayed it," said the source from the Digital TV Association.
A legal expert source explained that the lawsuit will be based on Section 9, paragraph one (2) of the 1999 Administrative Court Act, which empowers the court to hear cases where state agencies or officials neglect legally mandated duties, and will request the court to order the defendant to perform their duties within a timeframe the court deems appropriate under Section 72.
Meanwhile, the refusal to consider these agenda items is also seen as a breach of the NBTC's duties under the Frequency Allocation Organization Act of 2010 and its amendments, which require the commission to set policies and regulate television in line with market conditions and technology—especially at this critical juncture when terrestrial television network licenses expire in 2028 and digital TV licenses in 2029.
Operators view the delay as causing systemic harm—to digital TV license holders who cannot plan business or investments, to the continuity of terrestrial television networks, and to the public due to the lack of OTT regulation, creating a regulatory vacuum that allows online fraud and scammers to spread without platform accountability.
"This is not a request for the court to set policy but to compel those in authority to perform their duties since indecision is damaging the entire system," said an operator source.
The source emphasized that 29 December will be the deadline for patience; if the agenda items remain delayed and are not considered as promised, the administrative lawsuit will be filed immediately, targeting NBTC Chairman for neglecting duty to end the policy vacuum undermining Thailand's television industry.
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