Section 68 Any licensee who expands the supply of service without permission under Section 14 shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding six hundred thousand Baht or to both.

Section 69 Any licensee who violates Section 21 shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding six hundred thousand Baht or to both, and in the case of a repeated violation, the penalty shall be twice.

Section 70 Any licensee who fails to comply with the order of the Commission under Section 31 shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding six hundred thousand Baht or to both.

Section 71 Any person who conducts the test or certification of telecommunications equipment without permission under Section 36 shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding fifty
thousand Baht or to both.

Any licensee who is authorized to establish a conformity assessment body fails to comply with the conditions prescribed by the Commission under Section 36 paragraph four, that licensee shall be liable to a fine not exceeding ten thousand Baht.

Section 72 Any person who violates Section 44 paragraph one but does not cause malfunction to telecommunications system shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred thousand Baht or to both.

Section 73 Any person who causes damage, destruction, depreciation in value or renders useless to the sign, buoy or any other object setting up to protect telecommunications system according to the measures prescribed in notification of the Commission under Section 44 paragraph two shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding four hundred thousand Baht or to both.

Section 74 Any person who commits an act of illegal interception, utilization or disclosure of message, information or any other data by means of telecommunications shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding four hundred thousand Baht or to both.

Section 75 Any person who fails to facilitate the performance of duties of the competent official under Section 61 paragraph one (1), or fails to give statements or fails to deliver any document or object as summoned in writing by the competent official under Section 61 paragraph one (2), shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding ten thousand Baht or to both.

Section 76 Any person who obstructs the performance of duties of the competent official under Section 63 paragraph one shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred thousand Baht or to both.

Section 77 The Commission shall have the power to settle all offences under this Act for which the penalty is the imprisonment for a term not exceeding six months. In this regard, the Commission may appoint a sub-committee to settle the offence on its behalf, and may prescribe the settlement criteria or any condition for the performance of duties of the sub-committee.

In the case where the commission of the offence is appeared to an inquiry official and the offender consents to be settled, the inquiry official shall, without delay, deliver the matter to the Commission for the settlement of such offence.

When the offender has paid the fine under the settlement, the case shall be deemed as settled under the Criminal Procedure Code.

Section 78 In the case where the offender who is subjected to the punishment under this Act is a juristic person, managing director, manager or any person responsible for the operation of that juristic person shall also be liable to the penalty as provided for such offence unless such action is proved to be committed without his or her acknowledgement or consent is proved.

Transitory Provisions

Section 79 The Commission shall issue the telecommunications business licences under this Act to the Communications Authority of Thailand and the Telephone Organization of Thailand according to the nature and categories of business operation, scope of service as well as the right to supply the telecommunications services which are under the responsibilities of the Communications Authority of Thailand and the Telephone Organization of Thailand on the date this Act comes into force. In this regard, the issuance of such licences shall be performed no later than one hundred and eighty days as from the date the Commission has prescribed in notification the licensing criteria under Section 8.

In issuing the licences under paragraph one, the Commission shall prescribe conditions in relation to the business operations of the Communications Authority of Thailand and the Telephone Organization of Thailand as appropriate, having due regard to the benefits of people who are currently using the services and to the development toward quality and efficient service or any other matter in order to achieve the objectives of this Act.

The Communications Authority of Thailand and the Telephone Organization of Thailand shall furnish information in relation to their telecommunications businesses to the Commission within thirty days as from the date this Act comes into force.

During the absence of licences under paragraph one, the Communications Authority of Thailand and the Telephone Organization of Thailand shall be able to continue their telecommunications businesses.

Section 80 In operating the telecommunications business of the Communications Authority of Thailand or the Telephone Organization of Thailand under the licence issued under Section 79, if those agencies have granted authorization, concession or contract to any person as a telecommunications business operator prior to the date this Act comes into force, that person shall have the right to continue the telecommunications business under the existing scope and right associated with such authorization, concession or contract until their termination.

The telecommunications business of the person who has been granted authorization, concession or contract under paragraph one shall be under the criteria prescribed under this Act, and in accordance with the conditions prescribed by the Commission on the basis of free and fair competition. In this regard, it shall be deemed that the person who operates such business shall have the same rights, duties and liabilities as the licensee under this Act. For any commission of the offence which is deemed as a cause of licence revocation by the Commission, if such offence is committed by the person who has been granted authorization, concession or contract, the Commission shall have the
power to order the revocation of that authorization, concession or contract.

Any agreement to amend the conditions of authorization, concession or contract which does not reduce or restrict the right to operate the telecommunications business in the remaining period of validity of that authorization, concession or contract shall not be deemed as an act that has effect on the validity of such authorization, concession or contract.

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