Central Administrative Court Rules in Favor of THCOM in Legal Dispute over THAICOM 7 – 8
On 9 August 2021, the Central Administrative Court ruled to allow THCOM to continue the right to use orbital slots and related filings of THAICOM 7 - 8 until the case is final or the court orders otherwise.
Thaicom Public Company Limited (THCOM) announced in reference to the letter receiving from the Office of the National Broadcasting and Telecommunications Commission (NBTC) on 2 June 2021, stating that NBTC, at its meeting No. 10/2021, held on 25 May 2021, passed a resolution to allow the company to exercise the right to access the satellite orbital slots of 10 satellite networks filings, which includes the orbital slots and filings used by Thaicom 7 and Thaicom 8 satellites until 10 September 2021 (end of the concession).
THCOM would like to inform that THAICOM 7 and THAICOM 8 satellites have not been the satellites under the Concession Agreement as the approval procedures of THAICOM 7 and THAICOM 8 satellites have been under the license scheme received from the National Broadcasting and Telecommunications Commission. Therefore, the right to use the orbital slots and filings is not the right under the concession.
The company sent a letter requesting the NBTC to reconsider the resolution so that the right to use the orbital slots and filings would be in accordance with the term of the license for telecommunication services granted by the NBTC or according to the satellites’ life but NBTC sent a letter dated 12 July 2021 to the Company informing that the NBTC has considered and confirmed its resolution.
In case, the company does not agree with the resolution, the company can exercise its right by bringing the case to the Central Administrative Court. Therefore, THCOM has filed a complaint seeking the Court’s judgement to revoke the resolution at the Central Administrative Court and submit a petition seeking an injunction to suspend an effect of the resolution of NBTC.
On 9 August 2021, the Central Administrative Court had an emergency hearing and examined the company and NBTC, and issued the injunction to suspend the enforcement of the aforementioned NBTC’s revolution by allowing the company to continue the right to use orbital slots and related filings until the case is final or the court orders otherwise.
Therefore, THCOM can still have the right to use orbital slots and related filings and to provide Thaicom 7 and Thaicom 8 satellite services as usual until the case is final or the court orders otherwise. A progress of the case, if any, will be informed accordingly.