DTAC Takes TOT to Court

BANGKOK -- Today, Total Access Communication Public Company Limited (DTAC) filed a case against TOT Public Company Limited (TOT) with the Administrative Court to seek a court order that TOT comply with the law and its contractual obligations. TOT is required to provide a connection service between its fixed-line telephone service users, whether they be office users, building users, home users, police stations or other agencies relating to public security, and the new 1.5 million telephone numbers allocated by the National Telecommunication Commission (NTC) to DTAC in November 2006. At present, the new numbers have already been connected to the telephone numbers of all other operators.

DTAC’s view is that TOT’s intentional block of public telecommunications seriously deprives the rights of TOT fixed-line telephone users. TOT’s action also prevents DTAC from providing a full telecommunications service to the public. It is an action of self interest and is against the interests of the public, which comprises TOT fixed-line users and DTAC mobile phone users. DTAC has previously made several attempts, to no avail, in calling for TOT to consider the public interest and integrate DTAC’s new numbers into its network so that TOT’s fixed-line users can connect with the users of DTAC’s new numbers, even though DTAC is ready to pay TOT the interconnection charge at a fair rate, as required by law. Instead, TOT has demanded that DTAC pay the access charge in a unilateral and discriminatory manner; that is, the access charge is made at an unfair rate when compared with the rate that TOT is collecting from other operators, in particular certain operators which have a mutual benefit with TOT. DTAC refuses to pay such charge to TOT since it is clearly against the law.

TOT’s refusal to provide a connection between its fixed-line users and DTAC’s mobile phone users, using the new numbers, is a clear violation of the basic right of the public users and the right of DTAC to use the telecommunications numbers; as well as, the Telecommunication Business Act, NTC regulations and orders. It also breaches the agreement between TOT and DTAC regarding the interconnection of telecommunications network.

Mr. Sigve Brekke, DTAC’s Chief Executive Officer, said that his company has “attempted in every way, but failed, to call for TOT to act in the interest of the public”. As such, DTAC has had to resort to filing an administrative case so as to seek a court order in order for TOT to comply with the law and the agreement and to duly perform its duty as a telecommunications operator; namely, to provide a full service to telephone users. DTAC also seeks that the Court orders TOT to quickly establish a connection between TOT’s fixed-line users and the users of DTAC’s new numbers.

Total Access Communication plc