การบังคับใช้กฎหมายเกี่ยวกับการคุ้มครองผู้บริโภคในการประกอบกิจการโทรคมนาคม กรณีศึกษา : สัญญาการให้บริการอินเทอร์เน็ต

Abstract

Today, There are a large number of internet users; as such, the internet is playing an increasingly influential role in our lives. However, some internet service providers do not provide the speeds they have promised based on the telecommnuications quality service standards. This thesis aims to examine the definition, development, componets, concepts and theories relating to the regulations fo telecommunication businesses and internet service provision, Thai and foreign laws relating to internet service prosion, matters of law relating to powers of the National Broadcasting and Telecommunications Commission (NBTC) according to the Assignment of Radio Frequency and to Regulate the Broadcasting and Telecommunications Services Act B.E. 2553. The act overseas internet service providers in issuing unfair internet contract and conditions to users, calculating service fees and over-advertising claims according to the Telecommunications Business Operation Act B.E.2544

The thesis is a legal, qualitative research whereby the author of this thesis has studied and analyzed the subject matter in accordance with the "Act on Organization to Assign Radio Frequency and to Regulate the Broadcasting and Telecommunications Services B.E. 2553", the "Telecommunications Business Operation Act B.E.2544", "Consumer Protection Law", foreign laws and regulations relating to the telecommunication business operation as prescribed and announced by "NBYC" relating to the telecommunication business operation criteria as prescribed. Moreoever, the author analyzed data from various sources such as newspapers, these, journal articles, and research reports and studied they ways in which internet services have been provided in other countries. In so doing, the author descreibed and qualitatively analyzed the data collected.

The research provides recommendations on amendment of laws relating to powers of the National Broadcasting and Telecommunications Commission (NTBC) in supervising the internet service providers, problems relating to provision of contracts or conditions of internet service provision which are unfair to consumers and indemification of damages in the event that the internet service providers have failed to meet the speed standard as advertised, and guidelines for class action to the judicial process for litigaiton in lieu of many victims.