Thailand's MVNO sector faces collapse due to NBTC's failure to enforce regulations and ensure fair wholesale access from the two operators: AIS and TRUE/DTAC.

A recent Focus Group meeting convened by Thailand's National Broadcasting and Telecommunications Commission (NBTC) to address the "issues and approaches to promote mobile virtual network operator (MVNO) services" has been met with skepticism and a strong call for decisive action.

The mobile virtual network aggregator (MVNA) and enabler (MVNE) MVNO Services Co., Ltd., has publicly released its submitted comments to the Focus Group meeting, painting a stark picture of a struggling sector hampered by regulatory oversights and anti-competitive practices.

The meeting, held on April 9th, 2025, brought together representatives from the dominant mobile operators (AIS and TRUE), state-owned National Telecom (NT), the NBTC, and the dwindling number of MVNO which now accounts for only 3. A stark contrast to the more than 67 MVNO license that the regulator have sold over the years.

The agenda at the meeting, pre-written by the NBTC, offered limited scope for discussion beyond predefined questions, a point of contention raised by MVNO Services regarding the lack of public announcement and broader stakeholder involvement.

Highlighting the ineffectiveness of past annual meetings, MVNO Services has made its written comments public, shedding light on critical issues hindering the growth and viability of MVNOs in Thailand.The most pressing issue, according to MVNO Services, lies in the lack of access to the only two mobile network operators left in the market: AIS and TRUE/DTAC, despite mandatory MVNO access regulation for more than a decade.

MVNO Services pointed out that these fundamental barriers have already led to MVNO closures and threaten the survival of the remaining players, especially with NT's impending spectrum return.

The company strongly criticized the NBTC for its decade-long "regulatory oversight" in failing to proactively establish a clear framework for MNOs to provide wholesale access. The issuance of over 65 MVNO licenses without ensuring this access is deemed a significant lapse, resulting in business closures, job losses, and lost investment.

Compounding this is the lack of enforcement by the NBTC regarding MVNO access conditions as well as the MVNO merger conditions imposed on the TRUE/DTAC merger over two years ago. To rectify this, MVNO Services urged the NBTC to:

• Immediately enforce TRUE/DTAC merger conditions related to MVNO access.
• Disqualify TRUE from upcoming spectrum auctions/allocations until full compliance is demonstrated through signed wholesale agreements with at least one MVNA and one MVNO.
• Disqualify AIS from upcoming spectrum auctions/allocations until its license conditions with MVNO access compliance is demonstrated through signed wholesale agreements with at least one MVNA and one MVNO.

MVNO Services also stressed the need for a proactive and ongoing monitoring mechanism to ensure fair wholesale negotiations similar to the one used in Norway by NKOM.

They cautioned against imposing the same obligations on MVNAs (Mobile Virtual Network Aggregators) as MNOs, given their lack of network infrastructure control.Under the agenda item concerning promotional and regulatory measures, MVNO Services raised several critical questions for the NBTC:

• Which NBTC department is responsible for these MVNO meetings?
• What were the outcomes of previous three meetings?
• Was MVNO hearing summaries produced and to whom was it presented?
• What specific actions has the NBTC taken since Telecom Commissioner Sompop Purivigraipong's 2023 statement emphasizing MVNO promotion?
• Why has he not participated in any of the MVNO hearings?
• What are the NBTC's KPIs for MVNAs/MVNOs?
• What is the status of the NBTC's "urgent policies for MVNOs" from 2023, such as the "one-region-one-MVNO" initiative?

MVNO Services strongly criticized the NBTC's consideration of the Thailand Independent Market Operator (TIMO) theory, labelling it an "untested theoretical concept" lacking real-world application in the telecommunications industry.

MVNO Services urged the NBTC to prioritize the proven wholesale models that have fostered more than 2.000 MVNOs in over 100 countries, rather than using Thailand as a "test rat" for an unproven theory.In their concluding remarks, MVNO Services expressed "profound disappointment and urgent concerns" regarding the NBTC's apparent failure to effectively enforce its own regulations concerning MVNA/MVNO access to the networks of AIS and TRUE/DTAC. They highlighted the repeated raising of this issue over several years without tangible progress.

Specifically, they pointed to the failure to ensure mandated access, evidenced by MVNAs and MVNOs being compelled to initiate dispute proceedings. The NBTC's inaction in these disputes and its neglect of the TRUE merger conditions were deemed deeply concerning. The continued issuance of MVNA/MVNO licenses without ensuring network access further undermines the sector's viability.

MVNO Services demanded "immediate and decisive action" from the NBTC to enforce its regulations. They warned that the current state of the MVNO sector, with numerous closures, is a direct consequence of this regulatory deficiency, and some of the remaining players may need to consider legal action against the NBTC for neglect of its duties.

Concerns were also raised about the timing of the comment deadline for the Focus Group (25th of April), set just four days after the NBTC board's scheduled decision on the spectrum auction. This timeline effectively prevents the board from considering crucial MVNO feedback. MVNO Services proposed making spectrum auction eligibility contingent on providing evidence of wholesale agreements with at least one MVNA and one MVNO.

Finally, they sought clarification on the NBTC's plan for affected MVNOs and their consumer base following NT's announcement that it can no longer support MVNOs.

In conclusion, MVNO Services urged the NBTC to move beyond discussion and take immediate, concrete action to enforce its existing regulations. They called for the NBTC to transition from a "paper tiger" to an effective regulator that ensures a fair and competitive telecommunications landscape in Thailand. The future of the country's MVNO sector, and potentially the level of competition in the broader mobile market, hinges on the NBTC's response to these critical issues.

Disclaimer: The author of this article is the CEO of MVNO Services Co.,Ltd.