Page 121 - 56-1 One Report 2022 EN
P. 121

Part 1 Business Operation and Operating Performance

               Subsequently, on 5 August 2021, the Company sued NBTC to CAC to revoke NBTC’s resolution in Agenda 5.2.11
               of Meeting No. 10/2564 held on 25 May 2021 in relation to the use of orbital slots for THAICOM 7 and THAICOM 8
               and requested for an affirmation of the Company’s rights to use orbital slots for THAICOM 7 and THAICOM 8 under
               the Telecommunication License Type 3. The Company also requested for the revocation of NBTC’s resolution in
                        .
               Meeting No   11/2564 which specified details of granting National Telecom Public Company Limited the rights to
               operate THAICOM 7 and THAICOM 8 while both satellites still belonged to Thaicom.
               On 9 August 2021, the CAC suspended the execution of NBTC’s resolution by granting the Company to temporarily
               use the orbital slots for THAICOM 7 and THAICOM 8 until the Court has ordered otherwise.

               On 17 September 2021, the Central Administrative Court consoled Black Case No. 1389-2563 and Black Case No.
               1386-2564 for convenience in the trial.  Currently, the case is under consideration of the Central Administrative
               Court.

                                                                .
               8. Legal  Dispute  between  TC  Space  Connect  Co. ,  Ltd   and  the  Office  of  the  National  Broadcasting  and
                 Telecommunications Commission
               On 5 June 2021, TC Space Connect Co., Ltd. (“TCSC”), a subsidiary of the Company filed an application including
               relevant documents for entering into an auction for the right to use orbital slots and placed a guarantee to the Office
               of the National Broadcasting and Telecommunications Commission  “ NBTC”) and subsequently, NBTC canceled
                                                                      (
               such auction.

               Therefore, on 15 November 2021, TCSC filed a case to the Central Administrative Court against NBTC to revoke
               the NBTC’s resolutions contained in the Extraordinary Meeting No. 3/2021 and No. 4/2021 held on 18 August 2021,
                                           :
               issuing NBTC’s Announcement re   Authorization to Use Satellite Orbital Slots Package (No.3   dated 18 August
                                                                                             )
               2021 and NBTC’s Announcement re   Cancellation of Auction Process for Licensee to Use Satellite Orbital Slots
                                             :
               Package dated 18 August 2021 and also requested for the continuity of the auction process until its completion.
               The case is now under the Central Administrative Court proceeding.

               9. Legal Dispute between Thaicom and National Telecom Public Company Limited
                  After the expiry of the concession period according to the Operating Agreement, the Ministry of Digital Economy
               and Society (the “Ministry”) requested the Company to assist National Telecom Public Company Limited (“NT”) in
               its controlling and operating the transferred satellites during the transition period in order to avoid any adverse
               impact to the continuity of services. The Company agreed to support NT’s operation under specific conditions. One
               of the conditions was that NT would bear the expenses in the amount of no more than Baht 20 million for the support
               provided from 11 September 2021 to 15 October 2021. Both the Ministry and NT have approved the way to proceed
               and let the Company commence the support. However, at the end of the said period, NT was not ready to procure
               experts to control the satellites and thus extended the support provision period further under the same conditions.

                  The Company has sent invoices to NT but NT did not pay the billed expenses. On 26 August 2022, the Company
               filed a case against the Ministry and NT to the Central Administrative Court to claim for the unpaid supporting
                                                                                                       .
               expenses amounting to Baht 150,240,840 together with default interest at the rate of 5 percent per annum   This
               case is under the Central Administrative Court consideration.











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