TOTAL ACCESS COMMUNICATION PLC.
IR 019 /2008
May 7, 2008
Subject: Order of Central Administrative Court - Interconnection
To: The Manager and President The Stock Exchange of Thailand
On August 9, 2007, TOT filed a lawsuit against the NTC and the Secretary General of the NTC with the Central Administrative Court to seek a revocation by the court of the orders of the NTC requiring TOT Plc to negotiate an interconnection agreement with Total Access Communication Plc ("DTAC").
On September 5, 2007, the Secretary General of the NTC issued an order requiring TOT to comply with the order of the NTC. Subsequently, the Secretary General of the NTC issued an order imposing a fine on TOT Plc in the amount of Baht 60,000 per day commencing from February 1, 2008 for its non-compliance with the NTC's order, which is in violation of Section 25 of the Telecommunication Business Act.
TOT Plc filed a petition to the Central Administrative Court t requesting the Central Administrative Court to suspend the fine.
On May 7, 2008, DTAC received the Central Administrative Court's order rejecting TOT Plc's petition. The court ruled that TOT Plc and DTAC already interconnected their telecommunications networks under the existing Agreement, dated February 22, 1994, between the former Telephone Organisation of Thailand (now TOT Plc), the former Communications Authority of Thailand (now CAT Telecom Plc) and DTAC. As such, the Court said that TOT Plc and DTAC should negotiate an agreement with binding effect in relation to technical interconnection and expenses to be paid each other for such interconnection.
Further, the court views that the NTC's order also conforms with the order of the Supreme Administrative Court in Case Black No 88/2550, requiring TOT Plc to allow DTAC's subscribers, using numbers allocated by the NTC, to be connected to TOT Plc's subscribers.
The Court is, therefore, of the view that the injunction sought cannot be granted as it would impair state administration and public service. The Court therefore dismissed TOT Plc's petition. Such order of the Central Administrative Court cannot be appealed.
Please be informed accordingly.
(Mr. Chavit Saengudomlert)
Head of Investor Relations
Total Access Communication Public Company Limited
Investor Relations: IR@dtac.co.th
Tel (66) 2 202-8882