Abstract:
The purpose of this research is to study the role of International Telecommunication Union on radio frequency management with emphasis on the role and functions of the Plenipotentiary Conference, the World Radiocommunication Conference and the General Radiocommunication Assembly. This research finds that international community has recognized the necessity of having rules governing radio frequency management. Radio frequency has special attribute in which it is universal resource for all to capture and utilize; it can be use regardless of physical limitation (non-boundary). However, according to the current technology, the radio frequency is still limited natural resource. As a result, international legal mechanism is needed to ensure allocation and use of the international limited resource. The first international arrangement is established by a convention establishing the International Radiotelegraph Union which later became. The International Telecommunication Union as it stands today. Under the Constitution and Convention of International Telecommunication Union, the decisions of the Plenipotentiary Conference and the World Radiocommunication Conference have legal binding force upon all members of the Union. The two organs also created regulation and procedure for radio frequency management which bind all members to comply. Besides the binding regulations, there exist recommendations from the Study Group of Radiocommunication Sector, which are treated as progressive development of international legal principle (de lege ferenda). International community accepts these recommendations as "standard" and implement the recommendations according to national legal context. The author also finds that legal principles provided under the Constitution and Convention of International Telecommunication Union are indeterminate. The indeterminacy of legal principles becomes a barrier which impedes fair and efficient allocation of the limited resource. For example, the consent-based principle comes into conflict with the principle of equitable access and efficient use of radio frequency. It is submitted that Thailand should review its domestic laws and regulations in order to conform to international norm and standard for radio frequency management and allocation. Thailand should also participate actively in international forum to protect its national interest by adhering to legal principles provided under the Constitution and Convention of International Telecommunication Union.