Section 8 The Commission shall prescribe in notification and disclose to general public the licensing criteria so that the person who intends to operate the business will be informed in advance of the applicant qualification, the application procedure, and the licence-granting criteria. Those licensing criteria shall be differently prescribed in accordance with types of licence under Section 7, the nature and categories of telecommunications service as well as being in accordance with the spectrum licensing guideline and telecommunications service licensing guideline as stated in the Master Plan for Telecommunications Services and Frequency Plan under the law on the organisations to assign radio-frequency spectrum and to regulate the sound broadcasting, television broadcasting and telecommunications services.

In notification under paragraph one, the Commission shall prescribe details in relation to the applicant qualification, the application procedure, the document or information necessary for the licensing procedure, the licensing consideration procedure, the consideration period of the Commission, scope of licence, maximum and minimum term
of licence as well as other conditions necessary for business operation.

The criteria in setting up the qualifications of the applicant shall be as follows:
(1) the applicant for Type Two and Type Three licences shall not be a foreigner under the law on foreign business. In case of juristic person, the share holding proportion of Thai national shall not be less than seventy-five percent of its total capital, and not less than three fourth of the total amount of the director as well as its authorized person shall be of Thai nationality . In this regard, the Commission may prescribe the prohibition that the applicant for certain nature or categories of telecommunications business who is a juristic person, shall not commit any other act which has the nature of business takeover by a person who is not of Thai nationality;
(2) the applicant shall not be a bankrupt;
(3) the applicant shall never have a telecommunications business licence revoked;
(4) the directors, managers or persons in authority of the applicant shall not be a person sentenced by a final judgement for an offence committed under this Act, or under the law on telegraph and telephone, the law on radiocommunication or the law on consumer protection during two years period prior to the date of submitting the application;
(5) the applicant for Type Three licence shall have an investment plan and efficient telecommunications service plan;
(6) the applicant shall possess the qualifications and shall not be under any prohibition prescribed by the Commission for each type of licence under Section 7.

Section 9 Telecommunications business for Type Three licence shall be of a term stated in the licence which shall be within the maximum and minimum term of licence prescribed in notification of the Commission.

For the renewal of Type Three licence, the licensee shall submit an application prior to the licence’s expiration date, after which the applicant shall be deemed as a licensee until he or she is notified of the order declining the licence renewal, and in this regard, the Commission shall consider and notify applicant of the order within thirty days as from the date of receiving the application.

The procedure for licence renewal application and licence renewal approval shall be in accordance with the criteria, procedures and conditions prescribed in notification of the Commission, which shall also be in conformity with the criteria under Section 8.

The Commission shall prescribe the term of licence and its renewal, having due regard to timeframe according to the investment plan, scope of service, service development guideline of the licensee, protection of consumer in receiving uninterrupted service and business performance evaluation.

Telecommunications business for Type One or Type Two licence can continue to operate throughout its service period. In the case where the licensee intends to terminate the service, he or she shall inform the Commission in advance at least one month.

In this regard, the Commission may prescribe a condition to be complied by the licensee prior to the termination of service.

Section 10 In applying for telecommunications business licence, if that telecommunications business requires the use of radio-frequency spectrum, the applicant shall also require an authorization to use the radio-frequency spectrum under the law on the organisations to assign radio-frequency spectrum and to regulate the sound broadcasting, television broadcasting and telecommunications services.

In the case where the authorization to use the radio-frequency spectrum of the licensee is revoked, it shall be deemed that the telecommunications business licence for the part that uses such radio-frequency spectrum is also revoked.

Section 11 The licensee shall pay the spectrum fee, telecommunications numbering fee and business licence fee according to the rates, criteria and procedures prescribed by the Commission. However, such fees shall not pose undue burden to the operators or the users.

In setting the rates and criteria for spectrum fee and numbering fee, the Commission shall have due regard to public interest, optimization, scarcity and allocation procedure of such resources.

In setting the rate and criteria for telecommunications business fee, the Commission shall have due regard to the type of licence and the cost of regulating such telecommunications business under this Act.

Section 12 In issuing a telecommunications business licence which requires the use of telecommunications numbers according to the telecommunications numbering plan, the Commission shall also allocate the telecommunications numbers used for the supply of service or service area of such telecommunications business.

In supplying service to general public, the licensee shall provide only the telecommunications numbers allocated by the Commission.

In the case where it appears to the Commission that the licensee does not provide allocated numbers to users for use in connection with the supply of service without reasonable ground, or provides the telecommunications numbers which are not allocated to him or her, the Commission shall have the power to order the licensee to perform as authorized or suspend the use of such telecommunications numbers. In this regard, the licensee shall have no right to claim for any damages.

When technically feasible, in order to protect the user interest, the Commission shall prescribe the guideline and criteria for users to have the right to retain their existing telecommunications number when they intend to switch to new service provider, change location or category of service. In this regard, the Commission shall also hold a hearing from the licensees concerned.

Subject to the measure prescribed by the Commission under Section 50 paragraph one, the licensee shall have the duty to provide information on telecommunications numbers of the users to the persons requesting it for the purpose of making user directory. In such case, the licensee can charge only for the cost of providing that information.

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