Thailand is attracting increasing interest from global satellite companies seeking to provide connectivity services within the country. One particular operator, equipped with direct satellite-to-device capabilities, has pointed out the regulatory challenges of entering Thailand without the proper approvals. Although the technology is innovative, Thailand’s framework under the Telecommunications Business Act (TBA) of 2001 and the National Broadcasting and Telecommunications Commission (NBTC) notifications is clear: foreign satellite operators are not permitted to import, sell, or use their equipment in Thailand without securing the necessary licenses.
NBTC Licensing Framework for Equipment
In addition to obtaining Foreign Satellite Approval (also known as Landing Rights) and a Type III Telecommunications Business License, operators are required to secure equipment-specific approvals prior to commencing service provision.
- License for a Radio Communication Station and Frequency Use – includes any ground station, gateway, or user terminal operated in Thailand, ensuring lawful interception, frequency coordination, and compliance with national security requirements.
- Approval to Import and Use Telecommunications Equipment – applies to satellite user terminals, ground stations, and related hardware. Without this approval, customs authorities may seize unlicensed equipment at the border. Even demonstration units require prior NBTC clearance.
- Certification of Conformity – user equipment must meet NBTC’s technical standards. Direct-to-device satellite terminals undergo closer scrutiny because they bypass traditional terrestrial infrastructure.
Regulatory Position
The NBTC has clearly warned that promotional activities or equipment distribution without approval are illegal. Recently, the regulator took the unusual step of issuing an official statement about the promotional efforts of a foreign satellite operator offering direct-to-device services. The NBTC emphasized that providing satellite internet in Thailand without proper licensing violates the Telecommunications Business Act and Radio Communications Act. This explicit notice is rare and underscores how seriously the NBTC considers unauthorized foreign satellite operations.
Why Equipment Licensing Matters
For foreign satellite operators, the challenge includes not only obtaining a service license but also making sure that each piece of equipment — from ground stations to handheld terminals — is properly licensed, certified, and imported through authorized channels. This requirement helps oversee national security, maintain technical integrity to prevent harmful interference, and protect consumers by following health and safety standards.
Practical Implications for Market Entry
Foreign satellite operators must partner with a Thai Type III licensee who can:
- Hold the relevant equipment import and use licenses.
- Interface with NBTC on certification and frequency allocation.
- Guarantee that user devices (direct-to-device terminals) enter the market lawfully.
Conclusion
Foreign satellite operators considering Thailand must understand the importance of equipment licensing. Service authorization alone is insufficient — without NBTC approval to import and operate satellite terminals, operators cannot legally provide connectivity. The recent NBTC action against promotional activities by an operator offering direct-to-device services clearly demonstrates the regulator’s willingness to enforce rules. Before launching innovative satellite services in Thailand, operators need to secure both service licenses and equipment approvals through a qualified local partner. Formichella & Sritawat advises international satellite operators on establishing lawful market entry in Thailand, including equipment licensing, compliance with foreign dominance regulations, and Type III licensing strategies.
The comments here are for informational purposes only and are not guaranteed to be current, nor do they constitute legal advice. For further inquiries, please contact Formichella & Sritawat at [email protected].
About the Authors
Naytiwut Jamallsawat is a partner at Formichella & Sritawat, where he presides over the firm’s Corporate and Regulatory Practice. He provides counsel to some of the world’s leading telecommunications and media corporations operating within Thailand. His expertise encompasses regulatory licensing, market access, and telecommunications compliance strategies—covering a comprehensive range of NBTC regulatory licenses, including Type I, II, and III. Naytiwut has overseen complex telecommunications joint ventures between Thai and international entities, guiding them through licensing approvals, shareholding structures, and extensive documentation such as SPA, JVA, and shareholder agreements.
Mr. John Formichella is the founding partner of the law firm Formichella & Sritawat and leads the firm’s Technology, Media, and Telecommunications (TMT) practice. With over 27 years of experience, including time as general counsel for a NASDAQ-listed telecommunications company, Mr. Formichella has advised on telecommunications projects across Southeast Asia. He is well known for assisting clients with major infrastructure projects, international market access strategies, and spectrum and licensing issues in Thailand. Earlier in his career, he provided guidance on the telecommunications chapter of the proposed United States-Thailand Free Trade Agreement. He remains a trusted adviser to investors and operators in the telecommunications, media, and technology sectors looking to enter or grow within Thailand’s regulated TMT industry.
Ms. Onnicha Khongthon is a Senior Associate at Formichella & Sritawat. She specializes in telecommunications, broadcasting, and satellite regulation, working directly with the NBTC on behalf of clients. Her experience encompasses the preparation and management of telecom license applications, responding to regulatory compliance inquiries, and providing advice on foreign investment restrictions applicable to telecommunications operators. Ms. Khongthon consistently assists in implementing licensing strategies that are aligned with practical realities and the expectations of the NBTC, including new digital platforms and service-based operators. Her extensive regulatory knowledge enables clients to anticipate and effectively manage legal risks within the Thai telecommunications sector.