Supreme Court Revokes NBTC’s Claim Ordering ADVANC to Pay Revenue during Remedial Period

Advanced Info Service Public Company Limited (SET: ADVANC) has disclosed details on the ruling of the Supreme Administrative Court regarding the revocation of the NBTC announcement ordering the company to pay revenue during the remedy period via the Stock Exchange of Thailand (SET), with the details as follows:

Advanced Info Service Public Company Limited (the Company) filed a lawsuit to the Central Administrative Court on 18 December 2015 to revoke the National Broadcasting and Telecommunications Commission (NBTC) announcement on “Consumer Protection for Temporary Period in case of Termination of Concession No. 2” (Announcement No. 2) in the clause stipulating that the Company shall, during the remedy period, pay a minimum revenue rate specified under the concession. The announcement prescribes the duty of the mobile telecommunication service provider to maintain its services to customers after concession expiry (the Company’s concession expired at the end of September 2015), and to inform customers to migrate their services according to the plan as well as to submit a minimum revenue rate which was 30% of service revenue at the time. On 11 September 2019, the Central Administrative Court ruled, in favor of the Company, to revoke the clause under Announcement No. 2 that stipulates a minimum revenue. Subsequently, the NBTC appealed this decision to the Supreme Administrative Court.

On 25 April 2024, the Supreme Administrative Court ordered the case to be removed from the registry. This decision was based on the fact that during the consideration of this case, the Supreme Administrative Court has made a final judgment in another case to revoke Announcement No. 2 in such a clause, effective from 15 December 2023. Consequently, the Company is relieved of any obligation to comply with the revoked clause under Announcement No. 2. As a result, the legal dispute is considered concluded.