{"id":45932,"date":"2024-12-02T10:37:56","date_gmt":"2024-12-02T10:37:56","guid":{"rendered":"https:\/\/my.legal500.com\/developments\/?post_type=legal_developments&p=45932"},"modified":"2024-12-02T10:38:18","modified_gmt":"2024-12-02T10:38:18","slug":"foreign-satellite-services-in-thailand","status":"publish","type":"legal_developments","link":"https:\/\/my.legal500.com\/developments\/thought-leadership\/foreign-satellite-services-in-thailand\/","title":{"rendered":"Foreign Satellite Services in Thailand"},"content":{"rendered":"

The telecommunications market in Thailand has liberalized since the passage of the Telecommunications Business Act (TBA) of 2001 (see Thailand\u2019s Telecommunications Business Act<\/a>).<\/strong> Before 2001, the telecommunications sector in Thailand operated under a concession structure whereby an operator would build, transfer, and operate networks under a specific period with the Government of Thailand. However, the passage of the TBA in 2001 did not result in a wholesale change in telecommunications regulation under the regulator, the National Broadcasting and Telecommunications Commission (NBTC). For example, the NBTC has the statutory authority under the TBA to prescribe a business as a telecommunication service and may determine a business as not being a telecommunication service, such as cloud services (see Cloud Services & Telecommunication Licensing in Thailand<\/a>).<\/p>\n

Satellite communication services are defined explicitly as a Telecommunication Business under the TBA. Since 2001 (the year of the TBA), satellite communication services have been provided mainly by a single Thai company. Still, until recently, the NBTC issued a new regulation as a foundation to allow foreign-owned satellites to provide direct services to Thailand.<\/p>\n

The NBTC Notification on Rules and Licensing Processes to Use Foreign Satellite Channel to Provide Services in Thailand<\/em> (\u201cForeign Satellite Notification\u201d) requires an operator using a foreign satellite transponder to provide services in Thailand to request NBTC approval (\u201cForeign Satellite Approval\u201d) to have a gateway or an uplink station in Thailand for the provision of foreign satellite services.<\/p>\n

The same rules apply regarding whether a Type I, II, or III license is required. Still, concerning foreign-owned satellites, the above notification adds layers of requirements explicitly targeting services in Thailand by foreign-owned satellites. Under the Foreign Satellite Notification, an operator that wants to use a foreign-owned satellite to provide services in Thailand must have the facility and equipment licenses referenced below.<\/p>\n

We will not go into specific details of the licensing process, which has many nuances, but will provide some foundational information.<\/p>\n

As of October 2023, the foundational licensing structure for foreign satellite services in Thailand is (i) Foreign Satellite Approval, (ii) Type 3 Telecommunications Business Licenses for satellite-related services, (iii) License for a radio communication station and use of frequency, and (iv) Approval to obtain, use, trade, import, install telecommunications equipment.<\/p>\n

The above is for general information purposes only and should not be relied upon as legal advice.<\/em><\/p>\n

\n

Authors: John Formichella & Naytiwut Jamallsawat<\/em><\/p>\n","protected":false},"featured_media":0,"template":"","class_list":["post-45932","legal_developments","type-legal_developments","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/legal_developments\/45932","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/legal_developments"}],"about":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/types\/legal_developments"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/media?parent=45932"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}