As it deems appropriate, the Commission may prescribe that the licensee shall provide for a notification system on fee and tariff to inform the user, upon request, in advance prior to each usage. Such service shall be free of charge.

Section 60 In the case where there is a change in economic or social situation, or there is any matter which causes the maximum rate for fee or tariff prescribed by the Commission under Section 55 no longer appropriate, leading to advantages and disadvantages among licensees or posing undue burden to the user, the Commission may revise the rate of fee or tariff to be appropriate.

CHAPTER VIII
Regulatory Enforcement

Section 61 To perform duty under this Act, the competent official shall have the power and duties as follows:
(1) to enter a building or operating site of the licensee between sunrise and sunset, or during the business hours of such place for the purpose of inspection of business operation, book of account, document or related information including any action that may violate this Act or fail to comply with the provision of the licence;
(2) to address a writing to summon any person to give statements or to deliver any document or object for consideration;
(3) to inspect and gather facts, and report to the Commission in the case where the licensee has committed an offence or caused damages as a result of failure to comply with this Act or with the prescribed licensing conditions.
Relevant person shall appropriately facilitate the performance of duties of the competent official under paragraph one.

After having entered and inspected under paragraph one, if the inspection has not been completed, the competent official may continue the inspection even after sunset or after business hours.

The performance of duties of the competent official under this Section shall be in accordance with the criteria prescribed in notification of the Commission. Such notification shall also indicate the position of competent official who will exercise power and duties under this Section, and indicate the reason and necessity for his or her right to
exercise the power and duties under this Section in each case.

In the performance of duties under this Act, the Commissioners and competent officials shall be officials under the Criminal Code.

Section 62 In the performance of duties, the competent official shall present identification card to the person concerned.

The identification card shall be in accordance with the form prescribed by the Commission.

Section 63 In case of emergency or necessity to maintain public order, national security or economic stability or to protect the public interest, the Commission may order the competent official to take possession of and use the devices and equipment of the licensee for the operation, or authorize a State agency to temporarily take charge of such
operation, or order the licensee or his or her employees to take certain action until the end of such emergency or necessity.

In the performance of duties under paragraph one, if the competent official has caused damages to the licensee, that licensee shall, on justifiable ground, have the right to claim for compensation for such damages from the Office.

CHAPTER IX
Administrative Enforcement

Section 64 In the case where it appears to the Secretary-General that the licensee violates or fails to comply with Section 9 paragraph five, Section 11, Section 12 paragraph two or paragraph three, Section 13 paragraph two, Section 15, Section 17, Section 18, Section 20, Section 22, Section 23, Section 24, Section 25, Section 26 paragraph two, Section 27, Section 28, Section 29, Section 33, Section 34, Section 38, Section 45 paragraph three, Section 46, Section 49, Section 50, Section 51, Section 52, Section 53, Section 54, Section 56, Section 57, Section 58 or Section 59, the Secretary-General shall have the power to order the licensee to terminate such violation, or to correct, or to act in appropriate manner within a specified period.

Section 65 In the case where the licensee is not satisfied with the order of the Secretary-General under Section 64, he or she shall have the right to appeal to the Commission within fifteen days as from the date of receiving such order. The decision of the Commission shall be final.

Section 66 In the case where the licensee does not comply with the order of the Secretary-General under Section 64 and the period for an appeal under Section 65 has lapsed, or the Commission decides to uphold such order of the Secretary-General, and the Secretary-General has addressed a warning writing to the licensee but there is no action
taken in compliance with the order, the Secretary-General shall stipulate administrative fine under the law on administrative procedure which shall not be less than twenty thousand Baht per day.

In the case where the licensee neglects to act in appropriate manner or violates the licence suspension order, or in the case of serious damage to the public interest, the Commission shall have the power to suspend or revoke the licence.

Any offence that is subjected to the licence suspension or licence revocation shall be in accordance with notification prescribed by the Commission.

CHAPTER X
Penalties

Section 67 Any person who operates telecommunications business or uses the radio-frequency spectrum for telecommunications business without obtaining permission shall be liable to the following penalties:

(1) if an offence is a business operation that requires Type One licence, that person shall be liable to a fine not exceeding one hundred thousand Baht;
(2) if an offence is a business operation that requires Type Two licence, that person shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding one million Baht or to both;
(3) if an offence is a business operation that requires Type Three licence, that person shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding ten million Baht or to both.

In the case where the Court gives a judgement declaring that the offender is guilty under this Act, the Court shall order to forfeit all equipment, devices and any object used in committing the offence.

Next Page
[1]  [2] [3]  [4] [5]  [6] [7]  [8] [9] [10]