End near for NBTC candidate drama

End near for NBTC candidate drama

Clock ticking for Senate as judges rule on Monday about legality of selection

All eyes are on the Central Administrative Court and the Department of Special Investigation (DSI) as the trouble-plagued selection of 11 broadcasting and telecommunications commissioners enters the crucial home stretch.
The Senate has less than three weeks left, until September 11, to select the 11 members of the National Broadcasting and Telecommuni-cations Commission (NBTC) from 44 candidates. The Senate is determined to beat the deadline, as failure to meet it would mean the power to pick the 11 commissioners from the candidates would be transferred to Prime Minister Yingluck Shinawatra.
The selection process has been strewn with legal technical problems, primarily involving losing candidates and the formation of the 14-member selection committee. Complaints lodged with the Central Administrative Court and the DSI have fuelled concern that the September 11 deadline for the Senate will not be met, thus giving the prime minister power to form the NBTC and defeating the original purpose of making the NBTC an independent body.
The former government of Abhisit Vejjajiva was responsible for the law requiring the prime minister's intervention in formation of the NBTC when all else failed and the deadline could not be met. The law followed protracted political and technical problems hounding the selection process.
A judge of the Central Administrative Court yesterday gave his opinion that Suranan Wongvithayakamjorn, a failed candidate, should be reinstated among the final 44 nominees. Judge Kityod Sirikhet read his opinion yesterday, but the court will make its final verdict on the case on Monday.
The court's handling of the case involves two groups of judges - those in charge of the case and those playing roles of observers. The judges in charge can make a ruling that is different from the opinions of the "observers".
The 44 candidates were nominated by the selection committee and organisations related to telecommunications and broadcasting. This process has been heavily contested. According to Kityod, the panel charged with selecting 22 of the candidates made an inappropriate decision to select a new candidate to replace Attachai Burakamkovit after Attachai faced belated qualification problems.
Instead of replacing Attachai with Suranan, who was one place below Attachai on the score sheet, the panel on April 29 decided to go for another candidate, Yuth Chaiprawit. This prompted Suranan to seek court help.
According to Kityod, Suranan should make the final 44-candidate list sent to the Senate.
The 44 candidates are supposed to present their visions to the senators, who are expected to take a secret vote from September 5-11 to make the 11 appointments.
Suranan yesterday insisted his legal action was meant to expose lack of transparency in the nomination process.
Another failed candidate, Ratchasub Nishida, has also petitioned the Central Administrative Court on the grounds that the composition of the selection panel was unconstitutional. He claimed that some members of the panel might not meet constitutional requirements and the frequency law could be unconstitutional altogether.
The Senate will also probe two other NBTC candidates, Natee Sukonrat and Pana Thongmee-akom, both of whom were involved in a controversy when they were members of the National Telecommunications Commission (which will be replaced by the NBTC).
The controversy involved an NTC decision last year to grant a Bt84-million donation to the Senate to organise activities to honour His Majesty the King. The donation was seen by some as attempts by Natee and Pana to promote themselves for NBTC nomination.
Recently Picha Vijitsilpa, a lawyer associated with the red shirts, asked the DSI to probe whether the selection process of the NBTC final candidates was lawful. The DSI this week said the selection process appeared unlawful according to its preliminary probe.
But yesterday the Senate panel primarily looking into NBTC final candidates said the DSI stance would not affect its review of candidates' qualifications.
About the NBTC
_The deadline for the selection process is September 11.
_The Senate will choose 11 people from 44 in the shortlist.
_If the process cannot meet the deadline, the power to select the list will be in the prime minister's hands.
_The NBTC law was written by the Democrat government.
_There are a number of cases before the Central Administrative Court that could make it difficult to meet the deadline.