DTAC Draws Another Breath as Central Administrative Court Dismisses TOT’s ฿245bn. Claim
DTAC draws another breath as the Central Administrative Court dismisses TOT’s ฿245bn. claim. However, TOT still has the right to appeal against court dismissal.
Total Access Communication Public Limited (DTAC) has announced that regarding TOT Public Company Limited (TOT)’s lawsuit against DTAC and CAT Telecom Public Company Limited (CAT) before the Central Administrative Court (Undecided Case No. 1097/2554), today, the Central Administrative Court (lower court) issued a verdict dismissing TOT’s claim on access charges against DTAC in its entirety.
This access charges claim was filed by TOT in 2011 claiming that DTAC has an obligation to pay to TOT an access charge for the connection of DTAC’s subscribers with TOT’s network from 18 November 2006 – 10 July 2014 in the amount of THB 245,638 million, including interest fee and VAT.
The Central Administrative Court views that the access charge rate is against the NBTC Notification on Interconnection and, as a result, is no longer valid and that the relevant telecommunication operators are required to calculate the interconnection charge rates in accordance with the said NBTC Notification.
Hence, the Central Administrative Court has dismissed TOT’s claim. The dismissal order is not yet final as TOT still has the right to appeal against such court dismissal within the timeframe as provided by law.