The TRC is mandated to suspend or terminate the employment of senior staff of telecommunications
operators for breach of the Telecoms Law. 42 It is unclear whether a final court judgement would be
required to invoke this power or whether the TRC could declare a breach to justify interference in
the internal operations of a company.
The TRC is also authorized to recruit staff to replace private companies’ employees punitively
suspended or terminated under the Telecoms Law in order to coordinate and “check” the activities
of firms deemed to have violated the law. 43 Additionally, the TRC can order restrictions on the
activities of telecoms operators, irrespective of compliance with licensing conditions. 44 The lack of
clarity over the status or permanence of government recruited staff within telecommunications
companies means there is a genuine concern over the longevity and nature of government control
over private companies and their assets. 45
Article 69 contains inconsistent provisions as it appears to authorize both the TRC and the courts to
order compensation in disputes between telecommunications operators. 46 TRC powers to order
compensation encroach on judicial competence 47 and amount to a violation of the constitutionallyguaranteed separation of powers. 48
42
Telecoms Law Article 78 (2) (a)
Telecoms Law Article 78 (2) (b)
44
Telecoms Law Article 78 (2) (c)
45
Cambodian Constitution Article 44; Telecoms Law Articles 7; 78
46
Telecoms Law Article 69
47
Cambodian Constitution Article 39
48
Telecoms Law Article 69; separation of powers is collectively established under Cambodian Constitution Articles 51, 128, 129
and 130
43
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