GATS/SC/85/Suppl.2/Rev.1  
 
28 March 2022  
(22-2552) Page: 1/5 
Trade in Service  Original: English  
 
 
THAILAND  
SCHEDULE OF SPECIFIC COMMITMENTS  
Supplement 2  
Revision  
(This is authentic in English only)  
 
 
_______________  
 
 
This document replaces document GATS/SC/85/Suppl.2 on Telecommunication Services and entered 
into force on 9 March 2022. 
 
 
  
  GATS/SC/85/Suppl.2/Rev.1  
 
- 2 - THAILAND - SCHEDULE OF SPECIFIC COMMITMENTS  
 
 
 Modes of supply:  1. Cross -border  2. Consumption abroad  3. Commercial presence  4. Presence of natural persons  
Sector or subsector  Limitations on market access  Limitations on national treatment  Additional 
commitments  
Commitments undertaken in this offer are subject to the following general conditions:  
 Any juridical person who intends to operate a telecommunications business in Thailand shall obtain a licence from the designa ted national authority (or authorities) 
in accordance with relevant Thai laws and regulations includ ing Section 7 and Section 8 of the Telecommunications Business Act B.E. 2544 (2001) and its 
amendments.  
 Licences are granted only to service suppliers duly constituted according to the Thai laws and regulations.   
 Due to scarce resources, the number of licences may be limited.  
 The services in the Schedule of Specific Commitments shall be provided on facilities basis.  
 
  2.C. Telecommunication  
         Services  
 Public local, domestic 
long distance and 
internatio nal services:  
 
a.  Voice telephone  
 services  
b. Telex services  
c. Telegraph services  
d. Facsimile services   
 
 
1), 2) None, other than  
traffic shall be routed through a gateway in 
Thailand operated by a supplier duly licensed;  
 
the provision of concerned services shall be 
agreed by the suppliers duly licensed of both 
ends.  
 
3) Shall be a juridical person under Thai laws and 
regulations with foreign equity participation not 
exceeding 49 per cent of the registered capital .  
 
4) Un bound as indicated in the horizontal section   
 
 
1), 2)   None  
 
 
 
 
 
 
 
3) Shall be a juridical person under Thai laws and 
regulations with foreign equity participation not 
exceeding 49 per cent of the registered capital . 
 
4) Unbound as indicated in the horizontal section  
  
Thailand undertakes the 
obligations contained in 
the attached Reference 
Paper on 
Telecommunication 
Services with respect to 
the following services:  
 
a. Voice telephone 
services  
b. Telex services  
c. Telegraph services  
d. Facsimile services  GATS/SC/85/Suppl.2/Rev.1  
- 3 - 
  REFERENCE PAPER  
Scope  
 
The following are definitions and principles on the regulatory framework for the basic 
telecommunications services.  
 
Definitions  
 
Users  mean service consumers and service suppliers.  
 
Essential facilities  mean facilities of a public telecommunications tra nsport network or service that  
 
(a) are exclusively or predominantly provided by a single or limited number of suppliers; 
and 
 
(b) cannot feasibly be economically or technically substituted in order to provide a service.  
 
A major supplier  is a supplier which has the ability to materially affect the terms of participation 
(having regard to price and supply) in the relevant market for basic telecommunications services as 
a result of:  
 
(a) control over essential facilities; or  
 
(b) use of its  position in the market.  
 
1. Competitive safeguards  
 
1.1 Prevention of anti -competitive practices in telecommunications  
 
 Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone 
or together, are a major supplier from eng aging in or continuing anti -competitive practices.  
 
1.2 Safeguards  
 
 The anti -competitive practices referred to above shall include in particular:  
 
(a) engaging in anti -competitive cross -subsidization;  
 
 (b) using information obtained from competitors wit h anti -competitive results; and  
 
(c) not making available to other services suppliers on a timely basis technical  
information about essential facilities and commercially relevant information which 
are necessary for them to provide services.  
 
2. Interconne ction 
 
2.1 This section applies to linking with suppliers providing public telecommunications transport 
networks or services in order to allow the users of one supplier to communicate with users of another 
supplier and to access services provided by another supplier, where specific commitments are 
undertaken.  
 
2.2 Interconnection to be ensured  
 
 Interconnection with a major supplier will be ensured at any technically feasible point in the 
network. Such interconnection is provided.  
 
(a) under non -discriminatory terms, conditions (including technical standards and 
specifications) and rates and of a quality no less favourable than that provided for 
its own like services or for like services of non -affiliated service suppliers or for its 
subsidiaries or ot her affiliates;  GATS/SC/85/Suppl.2/Rev.1  
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(b) in a timely fashion, on terms, conditions (including technical standards and 
specifications) and cost -oriented rates that are transparent, reasonable, having 
regard to economic feasibility, and sufficiently unbundled so that the suppli er need 
not pay for network components or facilities that it does not require for the service 
to be provided; and  
 
(c) upon request, at points in addition to the network termination points offered to the 
majority of users, subject to charges that reflect t he cost of construction of 
necessary additional facilities.  
 
2.3 Public availability of the procedures for interconnection negotiations  
 
 The procedures applicable for interconnection to a major supplier will be made publicly 
available.  
 
2.4 Transparency o f interconnection arrangements  
 
 It is ensured that a major supplier will make publicly available either its interconnection 
agreements or a reference interconnection offer.  
 
2.5 Interconnection: dispute settlement  
 
 A service supplier requesting interconn ection with a major supplier will have recourse, either:  
 
 (a) at any time or  
 
 (b) after a reasonable period of time which has been made publicly known  
 
to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 
below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection 
within a reasonable period of time, to the extent that these have not been established previously.  
 
3. Universal service  
 
 Any Member has the right to define t he kind of universal service obligation it wishes to 
maintain. Such obligations will not be regarded as anti -competitive per se , provided they are 
administered in a transparent, non -discriminatory and competitively neutral manner and are not 
more burdensom e than necessary for the kind of universal service defined by the Member.  
 
4. Public availability of licensing criteria  
 
 Where a licence is required, the following will be made publicly available:  
 
(a) all the licensing criteria and the period of time nor mally required to reach a decision 
concerning an application for a licence and  
 
(b) the terms and conditions of individual licences.  
 
 The reasons for the denial of a licence will be made known to the applicant upon request.  
 
5. Independent regulators  
 
 The regulatory body is separate from, and not accountable to, any supplier of basic 
telecommunications services. The decisions of and the procedures used by regulators shall be 
impartial with respect to all market participants.  
 
6. Allocation and use of scar ce resources  
 
 Any procedures for the allocation and use of scarce resources, including frequencies, numbers 
and rights of way, will be carried out in an objective, timely, transparent and non -discriminatory GATS/SC/85/Suppl.2/Rev.1  
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  manner. The current state of allocated frequency  bands will be made publicly available, but detailed 
identification of frequencies allocated for specific government uses is not required.  
 
 
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