REPORTS AMENDMENT OF CONCESSION CONTRACT
24 September 1996
Advance Info Service Plc. (ADVANC) reported that it has successfully
negotiated an amendment to the concession contract with the Telephone
Organization of Thailand (TOT). Both parties signed the amended contract
on September 20, 1996. The highlights are as follows:
1. ADVANC's request, for an extension of the contract for its
Cellular Mobile Telephone service under the NMP 900 and GSM network, was
approved. The contract, for both systems, will be extended from 20 years
to 25 years from the day the business was approved.
2. With prior notification to TOT, ADVANC has the right to invest in
constructing any necessary networks for signal intermediary systems.
2.1 ADVANC has the right to make use of the signal intermediary
system or any assets that the company constructs free of charge and the
TOT may benefit from the surplus of networks or assets. The agreement on
the service fee and returns will be made prior to each operation.
2.2 TOT will have to pay for damages or losses incurred by the
company as co-manager of the signal intermediary system.
2.3 TOT has no right to sell, transfer, lease, allow usage, or
mortgage the network as well as to consent to others to cause damage or
increase the maintenance burden of the network.
3. In case TOTs other private entities operate a mobile telephone
service, ADVANC will be compensated as agreed upon between the two to be
fair to the company.
4. TOT will allot telephone lines for the NMT900 and GSM networks
following the system is in line with the technology of the mentioned
systems.
5. In case TOT cannot provide a signal intermediary system for lease
to ADVANC, the company has the right to rent the system from other
agencies. If TOT can provide the system, the company will rent the system
from TOT only.
6. ADVANC will proceed with the following issue:
6.1 Beginning from the 21st-25th year, ADVANC will pay a
minimum return of either Bt1,460,160,000 per annum or 30% of the income
before expenses and taxes, depending on which is higher.
6.2 The calculation of the returns will be based on the income
from services. The company's sales promotions will be deducted from the
figure and the VAT will not be excluded. The agreement is effective from
the contract date.
7. In case of changes in the technology of either TOT's or ADVANC's
networks that lead to it being impossible to service the system, ADVANC
has the right to adjust its network to be compatable with the new
technology. If ADVANC wants to give additional mobile telephone services,
it will make an agreement with TOT.
8. If the service is lower than standard due to ADVANC's equipment,
the company will be responsible for expenses that incur. If the low
quality is not caused by the company's equipment, it will not have to be
responsible for the expenses.
9. ADVANC will ask for no charges from producers, importers, and
distributors in the activities to facilitate the telephone sets for use
under the company's network.
10. TOT allow ADVANC to link its mobile telephone network directly
to the international telephone network of the Communications Authority of
Thailand (CAT).
11. TOT will give ADVANC all the income for international calls that
are made directly from ADVANC's and CAT's networks.
12. This amended contract will not affect previous operations of
ADVANC before it is effective.
13. This amended contract takes precedence over the original. The
parts that are not covered in this contract will be covered by the main
contract.