Associate Professor Sutham Yoonaitham

Associate Professor Sutham Yoonaitham

National Telecommunications Commissioner

  • Bachelor of Laws (Honours), Chulalongkorn University
  • LL.M., Harvard Law School
  • Post LL.M., New York University
Work Experience (1999- 2004)
  • Director of Legal Center for Science, Technology, and Energy
  • Deputy Dean for Academics, Faculty of Law, Chulalongkorn University
  • Deputy Dean for Research and Information, Faculty of Law, Chulalongkorn University
  • Deputy Dean for Planning, Faculty of Law, Chulalongkorn University
  • Deputy Director/Academics, Research Center for Law and Development, Faculty of Law, Chulalongkorn University
  • Faculty Staff, Faculty of Law, Chulalongkorn University
  • Faculty Staff, Assistant President in Law, Sukhothai Thammathirat University
  • Royal Thai Government Scholarship Student, Office of the Civil Service Commission (OCSC)
Trainings and Seminars
  • Legal Framework Necessary for Economic Development
  • South Western legal Foundation, USA
  • Law & Economic Development
  • University of Victoria/CU, Canada/Thailand
  • Settlement of International Dispute, UNCTAD Institute, Thailand
          Associate Prof. Sutham Yoonaitham stresses the basic principles of effective oversight. The NTC must determine the scope and rules governing the authorized persons based on organizational independence, lawful exercise of power, and clear, accurate, and reliable procedures. The authorized persons also have to use their knowledge in the right way.

          The NTC must establish the rules and guidelines according to Section 51 of the Telecommunications Business Act B.E. 2544 (2001) based on the co-regulation concept because the current market structure in Thailand remains largely monopolistic. That concept is advantageous as it emphasizes regulation by preventing independent agencies from exercising power without taking into consideration stakeholders who might be affected by regulatory changes, reducing long-run costs of fostering fair competition, easily creating new enterprises, and setting rules regarding transparency. The NTC must establish the rules on information disclosure and meeting reports as well as original documents.

          As the NTC has over 25 issues that require rules and regulations, this concept will make the NTC become more careful about its roles through collective decision making with the committee’s rights to express opposing views or presenting views with supporting academic reasons. The reliance on the concept and legal principles will allow the check and balance of the NTC and for the NTC to correct its action when there is majority power. This is a new concept which can be used to increase the credibility of the regulatory body.

          Since the law on telecommunications has removed public monopoly and promoted competition to fairly distribute benefits to the citizens, the introduction of sub-regulations or use of discretion by the NTC cannot violate the society’s decision which must be part of the NTC’s decision making process.

          The engagement will focus on fairly engaging new and existing service providers in the establishment of rules and regulations by empowering smaller providers with less bargaining power rather than by promoting fair competition among existing players in order to allow smaller providers to enter the market. The NTC should establish the laws and regulations to protect and enhance the potential of the losers in the market, especially low-income people in rural areas, in order to ensure the benefits of free market.

Create by  - Supawan  Sittipanya (7/4/2019 11:19:07 AM)