-  3 -                      9 March 2022 (WT/Let/1566)  THAILAN D - SCHEDULE OF SPECIFIC COMMITMENTS  
Modes of supply:            1)  Cross -border supply             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 authoritie s) in accordance with relevant Thai laws and regulations including Section 7 and S ection 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 licen ces 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 
international 
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) Unbound 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 
followin g services:  
 
a.      Voice telephone  
services  
b.      Telex services  
c.      Telegraph services  
d.      Facsimile services            
  
  
 - 4 -                  9 March 2022 (WT/Let/1566)  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 transport 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 suppli er from engaging 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 com petitors with 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. Interconnection  
 
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 favou rable than that provided for 
its own like services or for like services of non -affiliated service suppliers or for its 
subsidiaries or other affiliates;   
 - 5 -                  9 March 2022 (WT/Let/1566)  (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 supplier 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 the 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 of 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 interconnection 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 the 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 burdensome 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 licensi ng criteria and the period of time normally 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 appli cant 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 scarce 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 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.