TOT AND AIS AMENDED AGREEMENT
26 September 1996
TOT and ADVANC Amended Agreement
(Signed 20/9/96)
1.The Company has been granted the extension of concession life to operate
the cellular mobile phone NMT 900 and GSM nationwide. The original
contract was 20 years and it is now been extended to 25 years from the
original operation date. 2.The Company has the right to build its own independent transmission trunk
and linkage of all types; however, the Company is obliged to notify the
TOT ahead of time.
2.1 The Company can use its own transmission or any other assets that the
Company construct or build by not having to give any compensation to
TOT. TOT can utilize any part of the unused network or assets built
by AIS for its benefits with the joint-management between AIS and TOT,
which the fees will be negotiated and to be agreed upon by both
parties in advance and on a case by case basis for the joint-benefits.
2.2 TOT will compensate AIS should TOT does anything that diminishes the
right of AIS of being a part of joint-management for the transmission
mentioned in 2.1.
2.3 TOT does not have the right to sell, transfer, lease nor collateral
the transmission built or constructed by AIS and TOT should not allow
anyone to cause damage to the network in anyway or to incur
unnecessary additional transmission maintenance cost. 3.In the case that TOT allows other private operators to operate a cellular
mobile phone, the revenue sharing agreement should not differ from AIS.
The agreement between TOT and any new operators should not put AIS at a
less disadvantage. Should the disadvantage occur, AIS will have the right
to petition TOT for equal treatment of the contract. 4.TOT will allocate and reserve the numbers for NMT 900 and GSM according to
the numbering system which TOT and AIS has agreed upon and should coincide
with the agreed system and technology. 5.Should TOT cannot provide transmission for AIS to lease, AIS has the right
to lease transmission from other organizations and if TOT can provide
sufficient transmission for AIS to lease, AIS will lease from TOT only in
the case that the contract and obligation with other organizations are
expired and the cost of TOTs transmission is not higher than others. 6.The Company will:
6.1 AIS will pay the minimum revenue sharing in the amount of
1,460,160,000 Baht per year or 30% of its revenue before tax and any
other costs which ever amount is greater commencing the 21st to 25th
year of the concession period.
6.2 Method of calculating the revenue sharing should be based on the
service income and revenue excluding sale promotion and VAT. This will
become effective after the signing of this contract. 7.The Company has the right to improve its cellular network to function
effectively in accordance with any change in cellular technology or
related technology at its own expense. Any future value added related to
the mobile phone business will be agreed upon on a case by case basis. 8.AIS will be responsible for any expenses occurred from its equipment that
does not meet the qualified standard. However, AIS does not have to be
responsible for the under-standard service quality that does not cause by
its equipment. 9.AIS will not claim for any expenses from its suppliers, importers or
distributors directly or indirectly for any procedure related to the
adjustment of handset in line with the network. 10.TOT allows AIS to connect its mobile phone network directly to
international gateway of CAT. 11.TOT will allocate to AIS a revenue portion from outgoing international
calls from AIS network at a maximum rate given by CAT. 12.This amended agreement will not affect any binding and/or any conduct
that AIS has already proceed or in a process before this agreement is
in effect. 13.This amended agreement is considered as part of the main concession
conctract. The issues which are not covered by the amendment will
continue to be governed by the original concession contract.
Translated by The Company