Infobahn opposes Thaicom 7 licence

Infobahn, founded by Dumrong, on Tuesday sent its legal consultant to the National Broadcasting and Telecommunications Commission (NBTC) to deliver a letter on the matter.
InTouch, formerly known as Shin Corp, holds 41.14 per cent of Thaicom.
Recently, Thaicom applied to the NBTC for a licence for Thaicom 7, which it plans to launch in 2014. It will be the first Thaicom satellite to operate on a licence instead of under a concession from the Information and Communications Technology Ministry.
Settapong Malisuwan, chairman of the NBTC’s telecom committee, said yesterday that a subcommittee has been assigned to draft the satellite-licensing regulations. One of the NBTC’s concerns regarding satellite licensing is national security and foreign partnerships, but the committee has to wait for the subcommittee’s conclusion.
“We also have to consult with the ICT Ministry since the ministry has been responsible for all issues involving satellite orbital slots,” he said.
Supajee Suthampan, Thaicom’s CEO, said the company is waiting for the NBTC’s approval for an operating licence.
“We’re confident that we can comply with the NBTC’s regulations,” she said.
Last week, Infobahn urged the Department of Special Investigation (DSI) to show progress in its probe of Kularb Kaew, which allegedly breached the Foreign Business Act by being the nominee of Singapore’s Temasek Holdings in buying InTouch shares in 2006.
The letter to the NBTC also reported that the Business Development Department had submitted its preliminary probe result for the Kularb Kaew case to the DSI for further investigation, but no headway has been made.
The investigation will serve the country’s interest, since satellites are a national resource and are highly critical for national security. The radio, television and communication channels used by all state agencies are serviced by satellite.
Kularb Kaew is part of the group of companies linked with Temasek that played a part in Temasek’s take-over of InTouch in 2006 from the founding Shinawatra clan.
Infobahn asked the DSI to scrutinise the qualifications and legal status of InTouch and Thaicom, as they might be restricted by law from conducting a telecom business. It also asked the DSI to investigate InTouch director Boon Swan Foo, who is involved in the operations of various companies, to determine if his business conduct complies with the law.
The Business Development Department has already submitted to the DSI its preliminary finding of reasonable grounds to believe Kularb Kaew breached the Foreign Business Act.
As of January, Kularb Kaew owned 45.22 per cent of Cedar Holdings, which owned 37.99 per cent of InTouch. Aspen Holdings of Temasek also held 41.62 per cent of InTouch. If Kularb Kaew is found to be a foreign party under the Foreign Business Act, then Cedar could be deemed a foreign party. Then InTouch, and its cellular flagship Advanced Info Service, may be questioned over their legal status to continue providing services in Thailand.
The Foreign Business Act caps foreign shareholdings in local telecom operators at 49.99 per cent.
Somprapong Boonyachai, InTouch’s executive chairman, has insisted that InTouch and Thaicom are both Thai companies.