'Rome' debates no confidence, Minister of Digital, encourages investors to take the satellite 'Thaicom' as private property.

Date: 2021-09-29

to understand the dispute arising from the concession

All 3 dispute cases between the Ministry of Digital and Intouch Current Holdings Born from what was born from a concession contract that was originally an agreement between the Ministry of Transport and Shinawatra Computer and Communication Co., Ltd. because in 1990 the Thai government had a project to launch a Thai communication satellite into the ring. orbit in order to avoid having to rent foreign satellites and despite the coup d'etat The Ministry of Transport of the National Council for Peace and Order (NSC) government continues the project.

The concessionaire is Shinawatra Computer and Communication Co., Ltd., which had Lt. Col. Thaksin Shinawatra as the Executive Chairman at that time. Before selling all shares in 2006, the NESDB signed a concession with the company on September 11, 1991.

The essence of the concession is The company will launch satellites into orbit above the earth. Manage and service satellite channels for domestic communications. and has the right to collect the fee for using the channel from those who request it With a total period of 30 years, the contract will expire on September 10, 2021, and will be entitled to the exclusive right to operate the business. without competitors during the first 8 years, resulting in the company It became the only company that monopolized the satellite business until now.

The terms of the concession stated that The Company has a duty to maintain satellites or replace satellites to replace damaged satellites throughout the concession period. But all satellites built under this contract will be vested in the Ministry of Transport. and when the contract ends The company must immediately return all assets to the Ministry. And the satellite must still be in working condition in orbit.

However, now that the concession contract is about to expire, Intouch Holdings is in three disputes with the ministry, namely 97/2017. Intouch sues the government over ownership of Thaicom 7 and 8 satellites, claiming that both The horoscope is not a satellite under the concession contract. Because the contract states that the company will launch only 4 satellites, these 2 satellites will not become the ownership of the ministry. The A27/2020 case and the 93/2563 case are the cases that the government and Intouch sued each other. Re: Compensation for Thaicom 5 Satellites

This concession brought about two huge benefits that many parties stare in. They are:

1. Benefit from the satellite that is a dispute between the Ministry of Digital Affairs and Thaicom according to the concession agreement of 1991

2. Benefits from other satellites contained in this concession contract which is about to expire on September 10, 2021

'Chaiwut' drugged, appoints unqualified arbitrator

Usually, when there is a dispute States often contact the Attorney General to recruit a public prosecutor to serve as arbitrator. Once procured, the name will be nominated to the ministry and the ministry must notify the other party in the next judicial forum. Before Chaiwut came to be a minister, nothing appeared to benefit or fail the case. But within just 6 months, Chaiwut became the Minister of Digital Affairs. There were 3 attempts to change the arbitrator until it was suspected.

On June 11, 2021, or just 3 months after Chaiwut took office Ministry of Digital Send a letter to the Office of the Attorney General to change the arbitrator to be the only arbitrator in all 3 cases because all 3 cases have the same approach. It also alleged that Surang Na Somjai, the former arbitrator in the A27/2020 case, was objected by the parties because of conflicts of interest and lack of neutrality.

within the same day There is an urgent letter from the Office of the Special Prosecutor for Arbitration to inform the appointment of Wongsakul. Kitti Phromwong, Attorney General, was the arbitrator in all three cases, in the first two cases replacing the existing person. It is considered to be a signature of self-selection. proposed to the Ministry of Digital and the Ministry of Digital Recognition

However, the Arbitration Act states that An arbitrator can vacate office in three cases: 

1. Deceased, 2. Withdrawn, or 3. Being objected by the other party's impartiality and independence. and was then dismissed from his position. 

This means that an objection to any arbitrator can only be made by the other party. The party establishing or co-appointing that arbitrator may not oppose its own arbitrator. Ministry of Digital I already know that Appointing persons contrary to the principle of impartiality and independence of the arbitrator because the Attorney General Responsible for appointing a litigation team Because it is a case that is in the public interest. or having capital of 1 billion baht or more

Against the arbitrator without being able to explain the facts

When the Ministry of Digital try to get rid of the same arbitrator and accused of being impartial Surang therefore sent the letter as urgent as possible to the Ministry of Digital. Clarified facts or evidence back within 15 days, and stated that in the past, Thaicom had previously objected to the appointment of another arbitrator twice, but never opposed her. Later, the Ministry of Digital Affairs returned and made the most urgent letter to apologize to Surang. and appointed her back as an arbitrator in that case as before

However, Surang made another book stating that Ministry of Digital Refusing to explain what Surang was accused of It is considered an official practice without adhering to the truth. It also stated that Ministry of Digital Violate the principle of independence and belong to the arbitrator.

Surang also stated that Chaiwut's claim, in an interview with the media, that the arbitrator had to be changed for all 3 cases to be the same person because all 3 cases had the same approach. that can't hear because even though the concession contract is the same contract But it's not the same thing. One issue is a lawsuit whether satellites 7 and 8 are in the concession contract or not. The other matter is the prosecution that Do I have to launch a new satellite to replace Thaicom 5?

Surang concluded the letter that the other two cases were not conducted in accordance with normal government practices. This may cause distrust and distrust of the relevant agencies, including the public. Therefore, he did not ask to be involved.

How many times did the arbitrator change? still in the same place

Rangsiman said Recent news of the family Attorney General is no less interesting, such as not ordering a lawsuit against a billionaire heir who drove into a dead person. Do not file a lawsuit against human trafficking in massage parlors Do not file a lawsuit against money laundering and purchase land.

In addition, Wongsakul has also studied network connection courses. such as the Rules of Law for Democracy course or the Bank of Justice of the Constitutional Court, Class 6, 2018, together with 'Mr. Yam', who currently holds a large number of shares in Thaicom.

Rangsiman asked the question “These stories make me wonder that the Ministry of Digital Under Mr. Chaiwut, Khun Wongsakul was selected as the arbitrator. How does it help build confidence in society? Or is this really going to build someone's trust? Do not forget that the arbitrator is the same person in all cases. If that person is dominated or has a hidden agenda This is the destruction of all cases at the same time. Did Mr. Chaiwut and the Ministry of Digital see this?”

However, less than a month later, on July 7, 2021, Wongsakul requested to withdraw from all three cases by Tang Teerawat. Puttiburanawat who used to be an arbitrator in the case of 97/2560 before, which at that time requested to withdraw before changing to the family name But what is noteworthy is

Thirawat also holds the position of secretary of the Attorney General. But the Ministry of Digital I disagreed and asked to find someone else to replace it.

On July 23, 2021, the Attorney-General appointed Pruittiporn Netipho, former director-general of the prosecution. Office of Legal Counsel is an arbitrator for the Ministry of the two remaining cases, where the Ministry of Digital Acknowledged and brought to the judicial stage successfully

As always, Pruitthiphon went to study the 7th year of the 2019 Bank of Thailand course, living with Prasert Bunsumpun, Chairman of the Board of Directors of Thaicom and Porntipha Chinvejkitwanich. who is a senior executive of the company who currently holds a large number of shares in Thaicom Which is a pot that has been working in that company since 1995

After Thaicom filed a lawsuit against Thaicom 7 and 8 satellites on November 10, 2017, the Attorney General set up a working group to prosecute. One of them is Pruitphon Netipho, who is a team working to fight the case against the ministry that has been sued by the Thaicom side, which the Ministry of Digital is aware of because officials from the ministry Attended the meeting with the working group that included Mr. Pruittiporn as well.

Rangsiman further explained that Pruitthiphon, who was one of the working group to fight the case against Thaicom 7 and 8 satellites for the Ministry of Digital Affairs. who knows the strengths and weaknesses of the information and case It's no different than having a former lawyer who was hired to act as a judge in the same case. would be skeptical about neutrality to independence to a potential conflict of interest

The Supreme Administrative Court's order No. 4/2557 had previously stated that If there is a fact that the public prosecutor has been authorized to defend the case there can be grounds for doubting its impartiality and independence.

Therefore, both the questionable relationship and the position Even if the final result of the consideration came out, it was decided that the Ministry of Foreign Affairs was the winner, it would be the Thaicom side. take it as a reason for asking the court to revoke the award claiming that the Ministry Set up someone you know well as a working group to fight cases. have conflicts of interest with them to be an arbitrator showing dishonest intentions

The Ministry of Digital It is well known that Khun Pruitthiporn is a working group. and knows that Thaicom may be taken to withdraw the verdict if the outcome of the case is not favorable to Thaicom but it will still be set Will make this case, the ministry has no way to win at all. This will cause the state to lose the opportunity from both cases worth almost 18 billion baht.

Avoid the Act on Private Ventures in Government Affairs Concessions for Thaicom

Rangsiman further argued that after the coup The NCPO set up the National Space Policy Committee on May 17, 2018 to manage satellites at the end of the concession in September 2021, but failed to follow the guidelines of the NCPO. Act on Private Investment in State Undertakings Also known as PPP (Public Private Partnership) because it cannot be done before the contract ends. Ministry of Digital Therefore, it is suggested that CAT Telecom Public Company Limited or CAT, which is a state enterprise, should be assigned to manage instead.

At present, CAT has merged with TOT to form a company. National Telecommunications Public Company Limited or NT, which is a state enterprise under the supervision of the Ministry of Digital. or is directed by Chaiwut

On July 30, 2021, a contract was signed between the Ministry of Digital Affairs and NT saying that the Ministry granted NT the right to manage the assets of the domestic communication satellite project after the expiration of the 1991 concession contract to NT by Chaiwut as Minister of Digital. the is the one who signs the contract by himself

Subsequently, Thaicom negotiated with NT to seek to be the operator of Thaicom 4 and 6 after the contract expires, and NT is likely to accept Thaicom's proposal, although NT said it had the potential to operate on its own. But this story comes back to Thaicom again.

There are two sets of agreements, the first one being that NT will hire Thaicom to continue to manage Thaicom 4 and 6 satellites for about 200 million baht per year, and in the second set of agreements, NT agrees that the subsidiary of Thaicom Name TC Broadcasting Come to buy the capacity in the channels from these 2 satellites to serve customers themselves, accounting for up to 80% of the total capacity. at a price of approximately 283 million baht per year

Rangsiman said that this is "Attaya buys grandmother's dessert" because in the end, Thaicom Group paid NT only 83 million baht. From the use of two state satellites, this is a circumvention. Joint Venture Act Find a way that doesn't have to run your own business. Use the method of deduction of the head queue as Thai state enterprises have always done.

Rangsiman said “This is no different from a shifter concession. It's almost no different from 30 years ago that only had Thaicom. that monopolized the satellite business and will continue to be monopolized In spite of the fact that according to the Constitution of the Kingdom of Thailand, Section 60 requires the state to maintain the frequency spectrum and the right to use the satellite orbit. The provision of the utilization of the spectrum must be for the best interest of the people. But the fact that Mr. Chaiwut secretly took the country's interests to the private sector who identifiable only like this causing enterprises that should be new players have no opportunity to learn I don't have the opportunity to access the market by myself.”

Compared to the year 2020, the concession contract has not yet ended. The state also receives revenue from Thaicom 4 and 6 satellites to 559 million baht, but new deals will only be 80 million baht per year. And it doesn't count as having to deduct various expenses. and share the income between the ministry and the NT

Chaiwut took advantage of the country. Come to pay tribute to 'Gulf'

Rangsiman asked the question Did Chaiwut use the position of minister to benefit the company, Gulf Energy Development Public Company Limited?

Over the past one year, Gulf has gradually acquired shares in INTOUCH. which is a 41.13% major shareholder in Thaicom From June 22, 2020 until April 18, 2021, after Chaiwut became the Minister of Digital Affairs, the board of directors of this company has resolved to allow investment in INTOUCH's ordinary shares, or that is, from now on. Able to buy shares up to 81.07%

Subsequently, on July 27, after the Ministry of Digital Khun Pruitthiporn has been placed as arbitrator. And just three days before the ministry signed NT to take care of the satellite after the concession, the company bought INTOUCH shares. increased until it surpassed SINGTEL from Singapore, which was previously the largest shareholder, and as of August 5, this company held a stake in INTOUCH. accounted for up to 42.25%, becoming a major shareholder in the major shareholder of Thaicom Another one is fine.

Chaiwut went to work with Gulf. by inviting from Thanon Tantisunthorn, a fellow engineering student Chulalongkorn University and younger brother of Nalinee Ratanavadi, wife of Sarat Ratanavadi, Gulf's CEO. and seniors from the same faculty

In addition, during the past July and August In the area to distribute rice boxes of Kankanit Haewsanti from the Pracharat Party Chaiyawut's wife It is also a complimentary lunch box from Gulf Company.

Gulf Company used to donate money to Gen. Prawit Wongsuwan's Forest Foundation in 2016 for 5,000,000 baht that was used in many political movements. by Rangsiman said “When I sat in the chair of the chairman of the Royal Forest Foundation Gen. Prawit also tried to take advantage and benefit in the country's energy affairs. with Gulf Company Be a player in it too When he sat in the chair of the SEC, he neglected to issue an elephant ticket impersonating the monarchy. and when sitting in the chair of the chairman of the space committee There was a consensus with Mr. Chaiwut. Raise the satellite after the end of the concession contract with NT, w

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