Telematics, Thailand, and Telecommunications
August 2018
By John P.
Formichella
As technology and telecommunications continue to converge at
blinding speed, other sectors are joining the party with equally breathtaking
acceleration. An example is the automotive sector, wherein the automotive
sector converges with the telecommunications and technology sectors. Anything
from monitoring tire pressure, mileage usage (for example in pricing leases),
to alerts on pending or anticipated malfunctions are now within technological
capabilities for the auto sector. To achieve such a dizzying array of technical
options, one constant is necessary, which is connectivity to communication
networks.
However and not necessarily intended at the time such laws
were enacted, regulations in Thailand governing the telecommunications sector
unexpectedly become applicable to the chagrin of the automotive sector. A
common reaction from automotive companies is concern to being characterized as
a telecommunications operator, and thus being regulated as telecom operator,
which is essentially sailing in uncharted waters to say the least.
Nevertheless, under current law if an automobile has the technical capacity to
connect with a local mobile network, and the seller of such automobile offers
such connectivity as a service, the seller (the automotive company) is considered a
telecommunications operator under the laws of Thailand.
As a result, a telecommunications license is required from
the National Broadcasting and Telecommunications Commission. This normally
raises alarm bells with automotive companies out of concern there are complex
licensing and ongoing compliance obligations. However, there are options to be
legally compliant and have minimal compliance obligations depending upon the type
of license applied for by an auto maker. In the context of current
telecommunications licensing in
Thailand the most straightforward option is to
apply for what is akin to a MVNO type license, which can take between 45-60
business days to conclude with the regulator. Ongoing compliance is relatively
straightforward compared to other available licensing options and does not
require (in our opinion) extensive staffing for such ongoing compliance.
For more information you may contact John P. Formichella at
The content herein is for general information purposes
only and shall not be construed as, or interpreted as legal advice in any
context whatsoever.
posted by John Formichella @ October 31, 2018
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