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Report of Factual Events to the News that the Government will Revoke the Satellite Concession Agreement with THAICOM

 

April 29, 2010.

THAICOM Public Company Limited stated today there was a report in the press that at the Council of Ministers’ Meeting on April 27th, 2010, the Deputy Prime Minister in charge of security matter (Mr.Suthep Tueksuban) instructed the Ministry of Information and Communication Technology (“MICT”) to consult with the Juridical Council on the possibility of revocation of the Satellite Concession Agreement with THAICOM Public Company Limited (the “Company”) as the Company did not suspend the broadcasting of People Channel Television (“PTV”) as requested by the government. The Company would like to report the factual events to the Stock Exchange of Thailand (“SET”) as follows:

 

1.      The Company fully co-operate and comply with MICT’s and the Centre for Resolution of Emergency Situation (“CRES”). However, as the Company did not uplink PTV’s signal and PTV is not the Company’s customer, PTV’s television signal was uplinked by foreign customers of the Company, the Company was not able to immediately and directly suspend the broadcast of PTV as instructed by MICT and CRES.

2.      As soon as the Company received the instruction from MICT on April 7th, 2010, it requested the Company’s foreign customer to suspend the uplink of PTV’s signal. Meanwhile, the Company transmitted the signal to interfere with PTV’s signal on C-band transponder in accordance with the order of the security officials. On April 9th, 2010, CRES instructed the Company to suspend the PTV’s signal in Ku-band, which was uplinked by another foreign customer. The Company requested such foreign customer’s cooperation to suspend the uplink service to PTV, but was unsuccessful. The Company therefore encrypted PTV’s signal so that it could not be received by receivers in Thailand.

3.      The Company issued an ultimatum to the foreign customer to suspend the uplink of PTV’s signal within a definite time, failure of which the Company would take every possible action to suspend the broadcast of PTV, including to shut down the transponder which PTV’s signal was uplinked to, either in C-band or Ku-band. The foreign customer suspended the uplink service of PTV on April 23rd, 2010, and there was no service to PTV on THAICOM satellite since.

4.      The Company reported the actions taken by the Company to stop the broadcast of PTV to MICT and CRES on a regular basis.

5.      From the facts mentioned above, it is clear that the Company has used its best effort to comply with MICT’s and CRES’s instructions, even though that may endanger the Company’s employees and assets as the demonstrator occupied and held their meetings on the ground of THAICOM Satellite Stations at both Lad Lum Kaew (“LLK”) and Kaerai, demanding the broadcast of PTV be continued. There was a clash between the demonstratos and security officials at LLK, which was widely reported in the press. And, at Kaerai, the demonstrators still occupied the ground until the present time.

6.      The company would like to confirm that it has complied with the terms and conditions of the Satellite Concession Agreement, and with MICT’s and CRES’s instructions as far as possible, even though a number of the Company’s customers were affected by the Company’s actions relating to PTV.

7.      The Company has not received any communications on the performance of obligations under the Satellite Concession Agreement from MICT which is the party to the Agreement.

 

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