The National Broadcasting and Telecommunications Commission (NBTC) has announced the guidelines and procedures for granting permission to use foreign satellite channels in domestic services, which have been effective since February 19, 2020. The guidelines and conditions for requesting permission to use foreign satellite channels in domestic services are as follows:

Application Requirements:

• The guidelines for using foreign satellite channels in domestic services apply to:
  • 1.1 Those who wish to use foreign satellite channels in a business that provides satellite communication services to others.
  • 1.2 Foreign satellite operators who wish to operate a business that provides satellite communication services in Thailand.

     For the applicants mentioned in 1.1 and 1.2, they must have a telecommunications business license as per the law concerning the conduct of telecommunications business or a license to operate a television or broadcasting business according to the law concerning the conduct of broadcasting and television businesses, depending on the case.

Eligibility of the Applicant:

1. It must be a legal entity in the form of a limited company or public limited company, established according to Thai law, with a place of business in Thailand.
2. Must be a representative of a foreign satellite operator that meets the criteria set by the government's policy.

Required Documents:

1. Application form for permission to use foreign satellite channels in domestic services (Form DB.02 -- Dor Bor 02).
2. Legal entity documents.
3. Power of attorney documents.
4. Letter of Certification or consent to act as a representative of the foreign satellite operator in providing satellite communication services in Thailand.
5. Supporting documents related to the appointment or consent to act as a representative of the foreign satellite operator in providing satellite communication services in Thailand.
6. Company management information.
7. Past operational information (if any).
8. Operational plans and marketing plans.
9. Technical and technological information of the foreign satellite.

The documents mentioned in points 5-9 are detailed in Form Dor Bor02.

The procedure for considering the permission is as follows:

1. Document inspection: If the documentary evidence is incomplete, incorrect, or insufficient, the NBTC office will notify the applicant to submit additional documentary evidence within 15 days from the date of notification.
2. Prepare an analytical report within 60 days.
3. Consider granting permission.
4. Notify the result of consideration within 7 days. If the committee considers that the proposal should be amended, the applicant should submit a petition within 30 days from the date of notification or as specified by the NBTC.
5. Pay the fee within 15 days from the date of receiving the notification of consideration results.

The fees are as follows:

1. The application review fee is 10,000 baht, excluding a 7% VAT.
2. The fee upon receiving permission to use foreign satellite channels for domestic services is 2,000,000 baht per right to access the satellite orbit. This rate does not include taxes as prescribed by law. It should be paid within 15 days from the date of receiving permission from the NBTC office.
3. The annual licensing fee for using foreign satellite channels for domestic services is 3.2% of the pre-expense income from the satellite business. It should be paid within 150 days from the end of the accounting period. This fee is to be paid by the permitted entity, which can be deducted from the fee upon receiving permission until it is fully paid. In case it is not fully paid, the annual licensing fee will be exempted until the permission expires, and no refunds can be made for the unpaid amount. In case the annual licensing fee exceeds the fee upon receiving permission, only the excess should be paid, and in the following years, the full amount should be paid until the permission expires.

Data updated on June 17, 2023

Source: Digital Government Development Agency

Tel. +66 2612 6060