A working panel of the National Broadcasting and Telecommunications Commission's telecom committee might propose the exemption of Thai Airways International (THAI) from the 2010 Frequency Allocation Law to enable the carrier to provide in-flight mobile voice and data services.

Jesada Sivaraks, secretary to the NBTC vice chairman, said this was one option the panel was considering.

He said THAI had consulted the commission two years ago on the legal aspects of providing such a service. The watchdog so far has yet to give an answer to the airline because of legal complications.

The law obliges those wanting to use spectra to provide telecommunication service to bid for those spectra, and they have to provide the service on their own. Jesada is doubtful that it is financially viable for THAI to bid for a telecom spectrum. Moreover, the providers of this kind of in-flight service are foreign companies that provide communication services on board on a revenue-sharing basis with the carrier. Foreign firms can not bid for Thailand's spectra. If Thai Airways wants to provide this service, it has to be subject to the Frequency Allocation Law regardless of where it flies, as THAI is legally considered Thai territory under the Civil Code, Jesada said.

He added that most airlines were equipped with in-flight communication services using 2.1-gigahertz spectrum bands and 2.1GHz base-station equipment. However, if the telecom committee agrees to exempt THAI from the frequency law, it might risk facing a legal challenge, he said.