The Central Administrative Court has issued an injunction that enables SET-listed Thaicom to continue using satellite orbital slots for 10 satellite network filings, including those used by the Thaicom 7 and 8 satellites, after the company's satellite operating concession ends on Sept 10.
Thaicom can continue to use the network filings for Thaicom 7 and 8 until the court rules on a dispute between the firm and the National Broadcasting and Telecommunications Commission (NBTC).
The dispute concerns whether the right to use the slots falls under a concession agreement with the Digital Economy and Society (DES) Ministry or a licence regime under the NBTC.
The dispute arose after the NBTC passed a resolution on May 25 that the company can use the satellite orbital slots for 10 satellite network filings only until Sept 10, when the firm's concession ends.
The company disagreed, saying the right to use the satellite orbital slots for Thaicom 7 and 8 does not fall under the concession, but under a licence for telecom services granted by the NBTC, which means the network filings can be used for the duration of the satellites' lifespans.
Thaicom filed a complaint in July seeking the court's judgment to revoke the NBTC resolution as well as an injunction to suspend the effect of the resolution.
The Central Administrative Court on Aug 9 issued the injunction to suspend the enforcement of the resolution, according to Thaicom.
Thaicom chief executive Anant Kaewruamvongs stressed that Thaicom 7 and 8 are operated under a single licence with the NBTC, which requires a 5.75% licence fee payment. This differs from Thaicom 4 and 6 satellites that come under the DES Ministry's concession under a build-transfer-operate (BTO) agreement.
Thaicom 7 launched into orbit in 2012 and began operating in 2014. Thaicom 8 launched into orbit in May 2016.
Mr Anant said he is uncertain what would happen if the company was forced to stop using the network filings for the two satellites from Sept 10.
"I understand state agencies have to ensure they do not break the law that bans them from operations that cause damage to state benefits," he said.
DES Minister Chaiwut Thanakamasuntorn said he has yet to look into the dispute, but stated the ministry is in arbitration with Thaicom for both disputes.
The ministry considers Thaicom 7 and 8 satellites to be part of Thaicom's concession and is demanding the company provide revenue sharing. Thaicom disagrees, arguing the two satellites are operated under a licence regime with the NBTC.
Another dispute concerns Thaicom taking the Thaicom 5 satellite out of orbit in February 2020 before the concession expired. The ministry demands Thaicom build and deliver a replacement satellite for Thaicom 5, or pay compensation of around 7 billion baht if it cannot do so.
