EXHIBIT 10.13A
CONFIDENTIAL TREATMENT REQUESTED
--------------------------------
The Company has requested confidential treatment of certain portions of this
exhibit on Appendix I, Insertion 1.1, Insertion 1.2, Insertion 4.1 and Insertion
4.2 attached to the Cooperation Agreement.
COOPERATION AGREEMENT
ON
NETWORK INTERCONNECTION OF MOBISEL STBS WITH TELKOM PSTN
BETWEEN
PT. (PERSERO) TELEKOMUNIKASI INDONESIA
AND
PT. MOBILE SELULAR INDONESIA
COOPERATION AGREEMENT
Number: PKS 80/HK.810/OPSAR-00/96
PKS 005/Int. K-MSI/8-1996
This Network Interconnection of Mobisel STBS with Telkom PSTN Cooperation
Agreement (the "Agreement") is executed in Jakarta, on this day, Wednesday,
twenty first of August, one thousand nine hundred and ninety six (21-8-1996) by
and between:
I. PT. (PERSERO) TELEKOMUNIKASI INDONESIA, a domestic telecommunication
services company in Indonesia, which Articles of Association have been
published in the State Gazette No. 5 dated January 17, 1992. Supplement
No. 210, as have been subsequently amended, of which the latest amendment
have been published in the State Gazette No. 76 dated September 22, 1995,
Supplement No. 7900, domiciled in Bandung, in this matter, legally
represented by DADAD KUSTIWA, acting as DIRECTOR FOR OPERATIONS
(hereinafter referred as "TELKOM"):
II. PT. MOBILE SELULAR INDONESIA, a national private company which operates
cellular telecommunication services in Indonesia, which Articles of
Association has been published in the State Gazette No. 24 dated March 22,
1996. Supplement No. 2985, having its offices at Mashill Tower, 23/rd/
Floor, Xxxxx Xxxxxxxx Xxxxxxx Xxx. 00, Xxxxxxx 00000, Xxxxxxxxx, in this
matter, legally represented by X. XXXXXXX, acting as Director of PT. MOBILE
SELULAR INDONESIA (hereinafter referred to as "MOBISEL").
By having first considered and paying attention to the aspects which provide the
basis for the drawing up of this Agreement as follows:
(a) that based on the prevailing regulations, TELKOM is the organizing
body for domestic telecommunication services in Indonesia.
(b) that based on the Decree of the Minister of Tourism, Post and
Telecommunication dated June 3, 1996 Number KM.40/PT/102/MPPT-96,
MOBISEL has been granted the license to act as the operator of basic
cellular telecommunication services in the Republic of Indonesia.
CHAPTER I
GENERAL CONDITIONS
ARTICLE 1
INTERPRETATION
Unless defined herein otherwise, both parties agree that the following terms
shall be interpreted as follows:
(a) "AGREEMENT" means this Cooperation Agreement Regarding the
Interconnection between the Telkom Network and the Mobisel Network
including all appendices, enclosures and any amendments hereto and
thereto.
(b) "CONFIDENTIAL INFORMATION" of a party means all information, know-how,
ideas, concepts, technology, manufacturing processes, industrial,
marketing and commercial knowledge of a confidential nature (whether
in tangible or intangible form) relating to or developed in connection
with or in support of the business of the party and includes the
contents of this Agreement (and any matter concerned with or arising
out of this Agreement) but does not include:
(i) information which is or becomes part of the public domain
(other than through any breach of this Agreement); or
(ii) information rightfully received by the other party from a third
person without a duty of confidentiality being owed by the
other party to the third person, except where the other party
has knowledge that the third person has obtained such
information either directly or indirectly as a result of a
breach of any duty of confidence owed to the first party; or
(iii) information which has been independently developed by the other
party.
(c) "DIRECTOR GENERAL" means the Director General of Post and
Telecommunications.
(d) "CONFIRMED INTERCONNECTION" has the meaning assigned to it in Article
6 (5);
(e) "CONSULTATION FORUM" has the meaning assigned to it in Article 32.
(f) "INTERCONNECTION" means any connection between the Telkom Network and
the Mobisel Network.
(g) "INTERCONNECTION CALL" means any connection between Telkom Subscribers
and Mobisel Subscribers.
(h) "INTERCONNECTION DIMENSION" means the total capacity calculated in
Erlangs of the telecommunication circuits required for Interconnection
Calls.
(i) "INTERCONNECTION POINT" has the meaning assigned to it in Article 5
hereof.
(j) "INTERCONNECTION REQUIREMENTS" has the meaning assigned to it in
Article 6 (3);
(k) "MINISTER" means the Minister of Tourism, Post and Telecommunications.
(l) "MOBISEL EXCHANGE" means any exchange in the Mobisel Network which
serve Mobisel Subscribers.
(m) "MOBISEL NETWORK" means the STBS NMT-450 (Nordic Mobile Telephone
analog standard using a 450 mega hertz frequency band) operated by
Mobisel in Indonesia.
(n) "MOBISEL SUBSCRIBERS" means any users of telecommunications services
who make a telecommunication connection which originates from the
Mobisel Network; and
(o) "NFTP" means the National Fundamental Technical Plan.
(p) "NETWORK DIVISION" means the Telkom management unit which supervises
the Telkom Network from the Secondary Trunk Exchange to the Tertiary
Trunk Exchange.
(q) "OTHER OPERATORS" means any telecommunication operators other than
TELKOM and MOBISEL, whose telecommunication networks are
interconnected with the TELKOM Network.
(r) "PROPERTY DIVISION" means the Telkom unit which manages the property
and support [text missing]
(s) "REGIONAL DIVISION" means the Telkom unit for regional
telecommunication services which manages the Telkom Network from the
terminal side up to the Primary Trunk Exchange, whether operated by
the KSO (Joint Operation) or non KSO.
(t) "TELKOM EXCHANGE" means any exchange in the Telkom Network.
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(u) "TELKOM NETWORK" means the PSTN (Public Switch Telephone Network)
fixed telephone network operated by Telkom in Indonesia.
(v) "TELKOM SUBSCRIBERS" means any of the following:
(i) any users of telecommunication services who make a connection
which originates in the Telkom Network; or
(ii) any Other Operator which uses the Telkom Network as a transit
network in order to access the Mobisel Network.
(w) "TRUNK EXCHANGE" means every "PRIMARY TRUNK EXCHANGE", "SECONDARY
TRUNK EXCHANGE" or "TERTIARY TRUNK EXCHANGE" which functions as a
telephone exchange for long distance connections which are more fully
explained in the NFTP.
ARTICLE 2
STRUCTURE OF AGREEMENT DOCUMENT
(1) This Agreement consists of the following documents:
(a) Main Agreement;
(b) Appendix I - Interconnection Configuration Points and Capacities;
(c) Appendix II - Operation and Maintenance of Interconnection Equipment
(d) Appendix III - Other Facilities and Services;
(e) Appendix IV - Joint Services;
(f) Appendix V - Financial Settlement;
(g) Enclosure 1 - Interconnection Points and Forecasts;
(h) Enclosure 2 - Access Code, Numbering, Signalling and Point of
Charging;
(i) Enclosure 3 - Contents of the Call Recording Data, and
(j) Enclosure 4 - List of Interconnection Rates.
(2) The Appendices and Enclosures of this Agreement form an integral part
hereof, without which the parties would not have entered into the
Agreement.
(3) This Agreement contains the entire understanding between the parties in
respect of the Interconnection between the Telkom Network and the Mobisel
Network and all previous correspondence, memoranda, minutes of meetings,
offers,
3
enquiries, leaflets, brochures and other documents exchanged between the
parties prior to the date of this Agreement shall be cancelled or
superseded by this Agreement, unless otherwise agreed.
(4) In the event of any discrepancy, inconsistency or contradiction between or
among any provisions of this Agreement, the provisions contained herein
shall have the following priority:
(a) Main Agreement;
(b) Appendices;
(c) Enclosures.
ARTICLE 3
SCOPE OF AGREEMENT
(1) TELKOM and MOBISEL recognize and acknowledge that it is in the interest of
both parties, as well as in the interest of the customers of
telecommunication services, for efficient Interconnection to be effected
between the Telkom Network and the Mobisel Network in accordance with
traffic demand.
(2) TELKOM and MOBISEL hereby agree to interconnect the Telkom Network and the
Mobisel Network at any point requested by Mobisel as long as such
Interconnection is technically possible, and to configure the
interconnections pursuant to the provisions contained in this Agreement,
specifically Articles 6 and 7.
(3) This Agreement defines the technical and commercial principles to be
applied to the Interconnection between the Telkom Network and the Mobisel
Network.
(4) The parties agree that all of the terms and conditions of this Agreement
shall be subject to the governing principle of fairness and non-
discrimination in all matters related to Interconnection.
ARTICLE 4
GENERAL CONDITIONS
(1) In the implementation of this Agreement, TELKOM and MOBISEL shall be
obligated to adhere to all prevailing laws and regulations, including but
not limited to the following regulations:
(a) Law Number 3 of 1989 on Telecommunication;
(b) Government Regulation Number 8 of 1993 on Telecommunication Operation;
4
(c) Decree of the Minister Number KM.75/PT.102/MPPT-93 on
Telecommunication Network Interconnection between Telecommunication
Service Operators;
(d) Decree of the Minister Number KM.108/PR.301/MPPT-94 on the Rate of
Telecommunication Network Interconnection Between Telecommunication
Service Operators;
(e) Decree of the Minister Number KM.13/1995 on the Amendment of Decree of
the Minister Number KM.108/PR.301/MPPT-94 on the Rate of
Telecommunication Network Interconnection Between Telecommunication
Service Operators.
(f) The NFTP, including all possible revisions and amendments approved by
the Director General.
(2) The obligations to adhere to the prevailing laws and regulations as
stipulated in the preceding paragraph (1) shall be subject to any
amendments, modifications or revocations of such laws and regulations.
CHAPTER II
SPECIAL CONDITIONS
PART ONE
TECHNICAL INTERCONNECTION
ARTICLE 5
LOCATION OF INTERCONNECTION POINT
The technical Interconnection Point between the Telkom Network and the Mobisel
Network is at the Digital Distribution Frame (DDF) of the Secondary Trunk and/or
Tertiary Trunk Exchange, where the Interconnection occurs.
ARTICLE 6
INTERCONNECTION POINTS AND TRAFFIC ESTIMATES
(1) MOBISEL is exclusively responsible for:
(i) the design, construction and operation of the Mobisel Network and
(ii) the forecasts of the number of Mobisel Subscribers and
telecommunication traffic forecasts.
(2) The list of existing Interconnection Points, configuration and the
capacities in respect thereof at the date of the signing of this Agreement
is set forth in APPENDIX I.
5
(3) The forecasted requirements for Interconnection Points, Interconnection
Traffic and estimated cut-over or Interconnection dates in respect thereof
are set forth in ENCLOSURE 1.
(4) MOBISEL shall furnish to TELKOM every three (3) months beginning on 30 May
1996 an updated list of estimated Interconnection Requirements for the
following three (3) year period.
(5) Not later than 3 (three) months before the cut-over date, the parties shall
decide upon the final dimensioning in the Consultation Forum. Such
dimensioning figures shall become Confirmed Interconnections and be binding
between the parties.
(6) Both parties agree to Interconnect the Telkom Network to the Mobisel
Network pursuant to any Confirmed Interconnections with three (3) months of
confirmation thereof, provided such Interconnection Requirements were
included in the previous quarterly forecast at least three (3) months prior
to the confirmation.
(7) Both parties agree to interconnect the Telkom Network to the Mobisel
Network pursuant to the confirmed Interconnection Requirements within five
(5) months of confirmation thereof, in the event such Interconnection
Requirements were not included in the previous forecast.
ARTICLE 7
TECHNICAL SPECIFICATION AND INTERCONNECTION DIMENSIONING
(1) TELKOM shall calculate the number of circuits, signalling requirements and
other technical specifications required for each Confirmed Interconnection
in accordance with the confirmed Interconnection Requirements. Such
calculation shall satisfy a maximum Grade of Service ("GOS") of one percent
(1%). Such information shall be furnished to Mobisel no later than three
(3) months prior to the cut-over or Interconnection date as set forth in
the list of Confirmed Interconnections.
(2) TELKOM and MOBISEL shall continuously monitor the GOS and the measured
traffic in their respective outgoing traffic routes and furnish such
information to each other at regular intervals, but no less than once every
three (3) months.
(3) TELKOM and MOBISEL shall notify each other in writing from time to time but
no less than once every six (6) months of their respective estimates for
the distribution of outgoing telecommunications traffic of each
Interconnection point, if possible, with the area codes for each region, or
as otherwise agreed. In this way the parties may efficiently plan their
respective internal routing arrangements and other parameters.
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ARTICLE 8
SUPPLY OF INTERCONNECTION EQUIPMENT
(1) Any Interconnection equipment required at the exchange side of any
Interconnection Point at a Telkom Exchange shall be provided and paid for
by TELKOM.
(2) Any interconnection and transmission equipment required at the transmission
side of the Interconnection Point at a Telkom Exchange shall be provided
and paid for by MOBISEL.
(3) So far as technically available, TELKOM shall provide the space, air
conditioning and secured DC electrical power for any necessary
interconnection and transmission equipment provided by MOBISEL which must
be installed at a Telkom Exchange, and MOBISEL is obliged to pay fees in
connection with the above facilities in accordance with the prevailing
rates.
(4) For the use of the facilities as provided in paragraph 3 above, a separate
agreement will be entered with the relevant division.
ARTICLE 9
MISSING
ARTICLE 10
MINIMUM INTERCONNECTION WITH FUNCTIONS
(1) All Interconnections shall comply with the terms of the NFTP and shall as a
minimum requirement serve the following types of calls:
(a) Operator assisted and automatic (direct dial) domestic and
international direct end to end Interconnections Calls;
(b) Operator assisted and automatic (direct dial) domestic and
international transit (via telecommunication networks of Other
Operators) end to end Interconnection Calls.
(2) The Interconnection may also serve Interconnection Calls other those
described in the preceding paragraph (1) above, but only to the extent such
other Interconnection Calls are technically possible, financially viable
and reasonably proposed by either party.
(3) Each Interconnection shall be engineered so that sufficient call recording
data is available for each of the parties to reasonably calculate any and
all Interconnection fees due in respect of any Interconnection Call related
thereto. The parties agree to furnish each other on a timely basis with
all call recording and other data reasonably required to determine the
Interconnection fees due to
7
each party in respect of any Interconnection Call. The initial required
call recording data is listed in ENCLOSURE 3.
(4) In case either party is unable to provide the detailed call record data as
described in paragraph 3 above, the other party's recordings shall be
deemed sufficient basis for the settlement of interconnection charges.
PART TWO
OPERATION AND MAINTENANCE
ARTICLE 11
OPERATION AND MAINTENANCE OF INTERCONNECTION EQUIPMENT
(1) MOBISEL is responsible for the operation and maintenance of all
Interconnection and transmission equipment provided and paid for by
MOBISEL.
(2) TELKOM is responsible for the operation and maintenance of all
Interconnection equipment provided and paid for by TELKOM.
(3) Each party undertakes to coordinate with the other in order to improve the
quality of Interconnection by performing their respective operation and
maintenance duties described in the preceding paragraph (1) and (2) with
due care.
(4) TELKOM shall provide 24 hour access for MOBISEL's selected operation and
maintenance staff to any premises which contain any Interconnection
equipment owned, provided for by MOBISEL.
ARTICLE 12
MODIFICATION OF SYSTEMS/SUB-SYSTEMS
(1) Each party agrees to avoid or minimize (to the extent reasonable under the
circumstances) any modifications or alterations or any telecommunication
system or subsystem in its network which would necessitate a modification
or alteration to the network system or subsystem of the other party (such
modification or alteration of the first party hereinafter referred to as a
"MODIFICATION"). It is however, understood by the parties, that certain
Modifications may become necessary or desirable for technical reasons.
(2) In the event one party determines that a Modification is required, such
party shall inform the other party in writing without delay, and in any
case no less than three (3) months prior to the date such Modification is
scheduled to be implemented or becomes unavoidable. The Modification and
the corresponding implementation schedule and incurred costs shall be
amicably discussed and resolved in the Consultation Forum.
8
(3) Each party agrees not to unreasonably withhold consent to any reasonable
Modification proposed by the other party.
(4) Adding of additional Interconnection Points or increasing the capacity of
any existing Interconnection Points shall not be considered to be
Modification under this Article.
ARTICLE 13
OTHER FACILITIES AND/OR SERVICES
(1) TELKOM agrees to make available to MOBISEL the facilities and services
included in APPENDIX III, at the same fees at which they are offered to
other operators.
(2) Each such use of facilities and/or services shall be documented by a
separate agreement between the parties (and in the case of TELKOM, as
applicable, also with the approval/signature of the relevant Regional
Division, Network Division or Property Division).
(3) In case either Party owns or acquires any property related to its
respective network, to which the only access road is a road owned and/or
controlled by the other Party, the other Party shall allow first Party to
use such access road in respect thereof, for the purpose of undertaking any
construction, operation and maintenance to its network.
PART THREE
SERVICE
ARTICLE 14
JOINT SERVICES
(1) For the purpose of improving the telecommunication service for the
Subscribers of Telkom and the Subscribers of Mobisel. MOBISEL is hereby
entitled to use the following telecommunication number services of TELKOM:
(a) Operator-assisted connections to the Mobisel Network;
(b) Information services for subscribers;
(c) Emergency telephone services related to calling the fire brigade,
police, ambulance, SAR, etc.
(d) Joint telephone directory services.
(2) More detailed provisions regarding the availability of joint services
between TELKOM and MOBISEL and set forth in APPENDIX IV.
9
PART FOUR
FINANCE
ARTICLE 15
INTERCONNECTION RATE
(1) Interconnection fees shall be charged by the parties at the Interconnection
rates specified in Article 5 of the Decree of the Minister Number
KM.108/PR.301/MPPT-94 on Interconnection Rate of Telecommunication Network
Between Telecommunication Service Operators.
(2) The list of current Interconnection Rates specified in the preceding
paragraph (1) is set forth for information only in ENCLOSURE 4.
ARTICLE 16
FINANCIAL SETTLEMENT
(1) The terms and conditions regarding financial settlement between the
parties, including but not limited to, financial calculation, transfer
payment, settlement of overdue amounts, rate of reimbursement for use of
facilities and services, restitution and other conditions on finance are
specified in APPENDIX V.
(2) The compensation for TELKOM's use of Mobisel's facilities shall be settled
in a separate agreement.
ARTICLE 17
TAX AND DUTY
All taxes and duties due in respect of any payment of Interconnection fees or
other amounts hereunder from one party to the other party shall be the
responsibility of and charged to the respective parties pursuant to the
prevailing tax laws and regulations in the Republic of Indonesia.
ARTICLE 18
MOBISEL BILLING AND COLLECTION COMMENCEMENT DATE
(1) The process of billing to and payment collection from the Mobisel
Subscribers shall commence with respect to all Interconnection Calls on or
after February 20, 1996 shall be the full responsibility of MOBISEL.
(2) Upon the written request of MOBISEL, TELKOM agrees to perform the billing
and payment collection services described in the preceding paragraph (1).
In consideration for performing such services MOBISEL agrees to reimburse
TELKOM for the expenses as set forth in a separate agreement.
10
(3) In the event that TELKOM performs the billing and collection services
pursuant to the preceding paragraph (2) above, such activities will follow
the procedures pursuant to prevailing TELKOM regulations.
ARTICLE 19
ACCESS TO INFORMATION
In case of any significant discrepancy between the call data recording of either
party and the actual interconnection fees received or claimed by the other
party, either party has the right to request and promptly receive such
supporting data from the other party, which are directly relevant to the
settlement of such issues.
PART FIVE
TREATMENT ON INFORMATION
ARTICLE 20
CONFIDENTIALITY
(1) Each party must keep confidential all Confidential Information of the other
party which:
(a) is disclosed, communicated or delivered to it by a party pursuant to
this Agreement, or
(b) comes to its knowledge or into its possession in connection with this
Agreement.
and must not:
(c) use or copy such Confidential Information except for the purposes of
this Agreement or as required by the Minister; or
(d) disclose or communicate, cause to be disclosed or communicated or
otherwise make available such Confidential Information to any third
person other than its commissioners, directors, officers, employees,
agents, contractors or representatives to whom disclosure is necessary
for the purposes of this Agreement.
(2) Each party must establish and observe procedures adequate to protect the
Confidential Information of the other party, and, without limiting the
generality of the foregoing, must ensure that each of its commissioners,
directors, employees, agents and representatives to whom such Confidential
Information is disclosed for the purposes of this Agreement is subject to
and maintains the confidentiality obligations contained herein.
11
(3) Except as otherwise provided in this Agreement, a party (the "DISCLOSING
PARTY") may only disclose the Confidential Information of the other party
as agreed between the parties or in accordance with a lawful and binding
directive issued by the Minister or other authorized authority; provided
that in each case the Disclosing Party:
(a) has notified the other party that it is required to disclose the
Confidential Information so that the other party has an opportunity to
protect the confidentiality of its Confidential Information; and
(b) provides the other party with a copy of the Confidential Information
of that other party so disclosed.
CHAPTER III
OTHER CONDITIONS
ARTICLE 21
AGREEMENT VALIDITY
(1) This Agreement shall be deemed to take effect as of February 20, 1996;
provided, however, that:
(a) Interconnection fees shall be charged by the parties of the billing
month of April 1996 (or Interconnection Calls as of February 20,
1996);
(b) transfer of operational assets from the TELKOM Network to MOBISEL
shall be deemed to take effect as of February 20, 1996;
(2) This Agreement is and shall remain legally binding, valid and enforceable
against the parties until such time as the telecommunication operating
licenses in respect of MOBISEL or TELKOM or of their successors and
permitted assigns are no longer valid.
ARTICLE 22
FORCE MAJEURE
(1) Neither party is liable for any delay or default in the performance of its
obligations under this Agreement caused by circumstances beyond its control
and without any fault or negligence on the part of that party, including
but not restricted to acts of God and other natural disasters, acts of war
or sabotage, fire, epidemics, public strikes, riots, insurrections, civil
commotion, earthquakes or other cause(s) beyond the party's control ("FORCE
MAJEURE").
(2) Upon the occurrence of a Force Majeure:
12
(i) a party whose obligations under this Agreement is directly affected by
the Force Majeure is relieved from its obligations under this
Agreement (except any obligation to pay money) to the extent and for
so long as such Force Majeure affects the party's performance of such
obligations and
(ii) such affected party shall immediately notify the other party of the
details of such Force Majeure and as soon as practical thereafter
submit a statement from the competent government agency confirming the
occurrence of such Force Majeure. The affected party must resume the
performance of any of its obligations immediately after the Force
Majeure ceases to affect the performance of any of its obligation.
Other obligations under this Agreement which are not affected by such
Force Majeure must be performed.
(3) Any party unable to perform any of its obligations as a result of a Force
Majeure shall not be relieved of such obligations if all of the
requirements of the preceding paragraph (2) are not satisfied.
(4) If the Force Majeure continues for a period in excess of fourteen (14)
days, the parties shall convene a meeting of the Consultation Forum to
discuss in good faith a mutually satisfactorily resolution to the problem.
(5) All losses and expenses suffered by each party resulting from the
occurrence of and event of Force Majeure shall be borne by and be the
responsibility of the party concerned.
ARTICLE 23
TERMINATION OF AGREEMENT
(1) This Agreement may be terminated at any time subject to the express written
approval of both parties or their respective successors and permitted
assigns.
(2) The Parties acknowledge, that the operation of the Mobisel Network is
dependent on the Interconnection to the Telkom Network, and that the
operation of the Telkom Network is not dependent on the Interconnection to
the Mobisel Network. Accordingly, TELKOM agrees not to terminate or cause
this Agreement to terminate or materially breach any of its obligations
hereunder under any circumstances as long as the Mobisel Network is in
operation under any name and by any owner, as long as it is in accordance
with the provisions in Article 25.
(3) MOBISEL or its successors are entitled to terminate this Agreement upon
notice to Telkom in the event that the status of TELKOM as the organizing
body for
13
domestic telecommunication is cancelled or revoked by the government or is
otherwise terminated.
(4) In case of the bankruptcy of either party, the other party may terminate
this Agreement.
(5) The parties hereby waive the provisions of Article 1266 of the Indonesian
Civil Code, to the extent judicial approval is required prior to any
termination of the Agreement.
ARTICLE 24
AMENDMENTS
(1) Any amendments, modifications or changes to this Agreement and/or its
Appendices shall only be valid and binding between the parties, if such
amendments, modifications or changes are stipulated in writing and signed
by duly authorized representatives of each party.
(2) If any amendment, modification, change or new directive is promulgated to
any prevailing laws or regulations in Indonesia which affects the rights or
obligations of any of the parties under this Agreement, the parties agree
to negotiate in good faith to make the necessary or appropriate amendments
to this Agreement in the form of an amendment or addendum to ensure
consistency between the Agreement and such prevailing laws and regulations.
(3) The obligation to negotiate set out in the preceding paragraph (2)
commences promptly after delivery of a notice from one party to the other
party setting out in reasonable detail the desired amendments.
(4) Amendments to the Enclosures can be undertaken at any time by the
Consultation Forum, pursuant to the provisions contained in Article 32, and
only requires the signatures of the appointed contact persons defined in
Article 34.
ARTICLE 25
ASSIGNMENT
This Agreement may not be assigned by either party without the express written
consent of the other party, which consent shall not be unreasonably withheld.
All rights and obligations under this Agreement shall inure to the benefit of
and be binding upon the successors and permitted assigns of each party.
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ARTICLE 26
WAIVER AND RELEASE
(1) The failure of either party at any time to enforce any of the provisions of
this Agreement or any right under this Agreement, will in no way be
construed to be a waiver of the provisions, rights or in any way affect the
validity of this Agreement. The failure of any party to exercise any
rights under the terms and conditions of this Agreement shall not preclude
or prejudice the exercising of the same or any other right under this
Agreement.
(2) Any claim, allegation or legal proceeding regarding the non-performance or
breach by any party of any obligation under this Agreement shall not
release either party from the due performance of its obligations under this
Agreement.
ARTICLE 27
SEVERABILITY
(1) If any provision or any portion of a provision of this Agreement is held
invalid or unenforceable, the remainder of the Agreement shall not be
affected, and the remaining terms will continue in effect and be binding on
the parties, provided that such holding of invalidity or unenforceability
does not materially affect the essence of the Agreement.
(2) In the event that any provisions contained herein are declared invalid or
unenforceable pursuant to the preceding paragraph (1) above, both parties
agree to cancel such provisions in writing without delay so that they are
officially stated to be invalid and unenforceable.
ARTICLE 28
LIABILITY
(1) Any act, omission or breach by a party which directly causes damage to the
other party's equipment or property or causes loss to the other party shall
become the responsibility of the party who caused such damage or loss.
(2) Except as provided in paragraph (4) below, the liability of each party
hereunder shall be limited as follows:
(a) in respect of damage to property or equipment, limited to the value of
the damaged property or equipment.
(b) In respect of any breach of any term of this Agreement (except Article
23(2)) which causes loss to the other party, limited to
Rp.10,000,000,000 (ten billion Rupiah) which amount shall be subject
to adjustment from time to time by an amendment of this Agreement.
15
(3) Except as provided in paragraph (4) below, the parties shall not be liable
for any indirect or consequential damage or loss of any nature, including
but not limited to any loss of profit or loss of business, caused tot he
other party.
(4) The limitations and exclusions set out in paragraphs (1), (2), and (3)
above shall not apply to:
(a) any breach of Article 23 (2) of this Agreement;
(b) personal injury, including death caused by the negligence of any
party;
(c) any damage caused by the willful misconduct or gross negligence of a
party.
ARTICLE 29
RESPONSIBILITIES TO SUBSCRIBERS
No event related to this Agreement shall cause any party to be liable for the
losses suffered and/or claimed by the subscribers of the other party.
ARTICLE 30
3 YEAR REVIEW
The parties agree to review the terms and conditions of this Agreement every
three (3) years in order to amend the Agreement if necessary to maintain the
governing principles hereunder of fairness and non-discrimination between the
parties in respect of all issues related to interconnection.
ARTICLE 31
NOTICES
(1) A notice, approval, consent or other communication given in connection with
this Agreement:
(i) must be given by an authorized representative of the relevant party;
(ii) must be in writing; and
(iii) must be left at the address of the addressee party which is
specified below or sent by courier to the address of the addressee
party specified below or sent by facsimile with a confirmation copy
sent by registered mail to the address and facsimile number of the
addressee party specified below or if the addressee party notifies
the other party of a new address or facsimile number then to such
new address or facsimile number.
16
For TELKOM:
PT. (PERSERO) TELEKOMUNIKASI
INDONESIA
Jalan Cisanggarung No. 2
Attn: Direktur Utama
Tel: (62-022) 436100
Fax: (00-000) 0000000
For MOBISEL:
PT. MOBILE SELULAR INDONESIA
Mashill Tower, 23rd Floor
Xxxxx Xxxxxxxx Xxxxxxxx, Xxx. 00
Xxxxxxx 00000, Xxxxxxxxx
Attn: President Director
Tel: (00-000) 000-0000
Fax: (00-000) 000-0000
(2) Unless a later time is specified therein, a notice, approval, consent or
other communication takes effect at the earlier of the time it is received
and the time it is deemed to be received.
(3) A couriered letter is deemed to be received on the third (3rd) business day
after posting if couriered between places inside Indonesia and on the fifth
(5th) business day if couriered between places inside and outside
Indonesia.
(4) A facsimile is deemed to be received in the absence of any indication that
the facsimile transmission was distorted or garbled, on both verbal
confirmation by telephone and production of a transmission report by the
machine from which the facsimile was sent which indicates that the
facsimile was sent in its entirety to the facsimile number of the recipient
notified pursuant to this Article.
ARTICLE 32
CONSULTATION FORUM
(1) TELKOM and MOBISEL agree to establish a Consultation Forum, consisting of
three (3) members from each party. The representatives of each of the
parties defined in Article 34 shall automatically be members of the
Consultation Forum appointed by each such party.
(2) The function of the Consultation Forum shall be: (i) to resolve
operational problems related to this Agreement, (ii) to resolve matters not
addressed or not sufficiently and specifically regulated under this
Agreement and (iii) to update the Enclosures.
17
(3) The quorum for a meeting of the Consultation Forum shall be at least four
(4) members comprising at least two (2) members appointed by TELKOM and two
(2) members appointed by MOBISEL. Any member may convene a meeting by
giving at least four (4) full business days prior notice to the other party
with details for the agenda of the meeting. Such notice of meetings may be
waived with the approval of all of the members. Members will be able to
grant proxies to existing members to act and vote on their behalf. If a
proposed meeting is not validly constituted as required by this paragraph,
or if a quorum is not maintained throughout the meeting or if a deadlock
situation exists, then another meeting must be called and held not later
than four (4) full business days after the date of the aborted meeting, at
which the same matters shall be discussed. If no quorum is present at the
second meeting or if a deadlock exists for two consecutive meetings, the
matters raised at the meeting shall be referred to Arbitration for
resolution.
(4) At any meeting, each member is entitled to cast one (1) vote for himself
and one (1) vote for each member's proxy that he/she holds. A resolution
of the Consultation Forum is regarded to have been adopted, if it is
approved by a majority of the members present at that meeting, provided
such majority consists of at least two (2) members appointed by each party.
If equal numbers of votes are cast at any meeting, the motion is doomed to
have been defeated, but will constitute a deadlock if the same matter is
defeated in such manner in two (2) consecutive meetings.
(5) All costs arising from the establishment of the Consultation Forum or the
convening of any meetings shall be borne by each party for the expenses of
its own members.
(6) Enclosures containing forecasts and other non-binding information may be
amended by the agreement of the two (2) representatives of the parties
described in Article 34, without the need to convene a Consultation Forum
meeting.
(7) Modifications of Enclosures containing commercially binding data shall be
approved by a meeting of the Consultation Forum, and be signed by two
members from each party.
(8) Any proposed amendments, modifications or changes to the Contract or its
Appendices shall be prepared by the Consultation Forum, and be referred to
the parties for approval. All such amendments, modifications and changes
shall be reduced to writing in the form of Amendments or Supplementary
Agreements, as applicable, and will be signed in accordance with the
provisions of Article 24.
18
ARTICLE 33
SETTLEMENT OF DISPUTES
(1) Any disputes, controversies or conflicts arising in connection with the
contents, interpretation or implementation of this Agreement shall so far
as possible be settled amicably by the parties pursuant to the Consultation
Forum procedures set forth in Article 32 or otherwise.
(2) If the parties have failed to reach an amicable settlement through the
Consultation Forum mechanism, any and all disputes, controversies and
conflicts arising out of or in connection with this Agreement or its
performance (including the validity of this Agreement) shall be settled by
arbitration by a three (3) member Board of Arbitration which will hold its
sessions Jakarta under the Arbitration Rules of the International Chamber
of Commerce (the "RULES"). The Board of Arbitration shall render its
decision(s) in the Indonesian language.
(3) The members of the Board of Arbitration shall be appointed in accordance
with the procedures set out in the Rules.
(4) The arbitral award made and granted by the arbitors shall be final, binding
and incontestable and may be used as a basis for judgment thereon in
Indonesia or elsewhere. All costs of arbitration shall be shared equally
between the parties to the arbitration; however, each party shall bear the
expense of its own counsel, experts, witnesses, preparation of documents
and presentations.
(5) The parties expressly agree to waive the following Indonesian laws:
Section 641 of the Reglement op de Rechtsvordering ("R.V.") and Articles 15
and 108 of Law No. 1 of 1950 (Supreme Court Rules) so that there will be no
appeal to any court or other authority from the decision of the arbitors.
The arbitors shall be bound by strict rules of law in making their decision
and shall not be entitled to render a decision ex aequo et xxxx.
(6) Neither party shall be entitled to commence or maintain any action in a
court of law upon any matter in dispute arising from or in relation to this
Agreement except for the enforcement of the arbitral award granted pursuant
to this Article.
(7) During the period of submission to arbitration and thereafter until the
granting of the arbitral award, the parties shall, except in the event of
termination, continue to perform all of their obligations under this
Agreement without prejudice to a final adjustment in accordance with the
arbitral award.
(8) The parties hereby waive Section 652 (2) of the R.V. so that the mandate of
a Board of Arbitration duly constituted in accordance with the terms of
this Agreement shall remain in effect until a final arbitration award has
been issued by the Board of Arbitration.
19
(9) Neither party nor the members of the Board of Arbitration may disclose the
existence, content, or results of any arbitration hereunder without the
prior written consent of the other party.
(10) The provisions contained in this Article shall survive the termination or
expiration of this Agreement.
ARTICLE 34
REPRESENTATIVE OF THE PARTIES
For the purpose of facilitating the implementation of this Agreement, each of
TELKOM and MOBISEL agree to appoint one representative to act as a "contact
person". The names of such persons shall be notified in writing by each party
to the other party promptly hereafter.
ARTICLE 35
INTERCONNECTION DATA CLEARANCE
(1) TELKOM may provide Interconnection Data clearing services between the Other
Operators to MOBISEL.
(2) The utilization of the Clearing Services provided in paragraph 1 above,
MOBISEL will be subject to clearing fees which will be decided upon
agreement of the parties.
CHAPTER IV
CLOSING CONDITIONS
ARTICLE 36
MISCELLANEOUS
(1) This Agreement is drawn up and signed in both the English and the Indonesia
languages. Both versions shall be legally binding on the parties, however
to the extent any discrepancy or contradiction exists between the English
and Indonesia versions of this Agreement, the Indonesia version shall
prevail.
(2) This Agreement is subject to, governed by and is construed under the laws
of the Republic of Indonesia.
(3) This Agreement is drawn up in two (2) identical original execution copies
each of which, shall be legally binding and enforceable upon signing by
both parties.
20
IN WITNESS WHEREOF, the parties have caused their duly authorized
representatives to sign this Agreement as of the day and year first written
above.
PT. MOBILE SELULAR INDONESIA
------------------------------
X. XXXXXXX
Director
PT. (PERSERO) TELEKOMUNIKASI
INDONESIA
------------------------------
DADAD KUSTIWA
Director for Operations
21
APPENDIX I
CONFIGURATION POINT AND INTERCONNECTION CAPACITY
1. INTERCONNECTION CONFIGURATION
Present Interconnection Configuration, together network of MOBISEL and network
of TELKOM (PSTN) are as described in Picture 1:
MOBISEL TELKOM
--------
| DDF | Jakarta
Jakarta MTX | | Trunk 2
--------
------------ --------
| | | DDF | Jakarta
------------ | | Trunk 2
--------
--------
| DDF | Jakarta
| | Trunk 2
--------
All connections use Signaling R2 Indonesia (SMI-C)
2. INTERCONNECTION POINT AND CAPACITY
Interconnection capacity on the points of interconnection in point 1 above is
described in Table 2 below:
--------------------------------------------------------------------------
Mobisel exchange Telkom Jakarta Telkom Jakarta Telkom Bandung
Trunk 2 Trunk 3 Trunk
--------------------------------------------------------------------------
Out In Out In Out In
--------------------------------------------------------------------------
Erlangs * * * * * *
--------------------------------------------------------------------------
Circuits 2 Mbit/s * * * * * *
(Voice Circuits) * * * * * *
--------------------------------------------------------------------------
*Confidential portion has been omitted and filed separately with the Commission.
APPENDIX II
THE OPERATION AND MAINTENANCE OF INTERCONNECTION EQUIPMENT
TELKOM and MOBISEL will operate and maintain their own interconnection equipment
by following principles:
1. TRAFFIC MONITORING
Traffic must be continuously monitored by both parties. The congestion in the
interconnection route must not exceed the value of 1%. The results of the
traffic monitoring are regularly reported from one party to the other party.
Both parties conduct weekly measurement against the offered traffic, congested
traffic and rerouted traffic on each route at least during peak/busy hours and
continuously monitor traffic between the two networks.
2. TRAFFIC OVERFLOW CONTROL
Both parties control traffic overflows to be able to reach the value of GOS that
is set for each case including trouble/error in a system of signal and
equipment.
3. RECORD ON TROUBLE AND MAINTENANCE
Both parties record each trouble, maintenance/repair work as well as
installation work that involves interconnection equipment. One party has to be
given information on all preparation and maintenance and/or installation work
one week before work is to be started. Each trouble and repair period
estimation has to be promptly informed to the other party by fax after a trouble
appears or is found. When one party's trouble is found by the other party, then
response against the trouble information and the repair time has to be promptly
sent by fax.
4. REPAIR TIME/PERIOD AGAINST TROUBLE
Each trouble that affects has to be repaired within 2 (two) hours (during the
day) and within 4 (four) hours (during the night). Control or rerouting traffic
uses an automatic means for each case of trouble.
APPENDIX III
FACILITY AND OTHER SERVICES
As an addition to the interconnection services, TELKOM offers MOBISEL facility
and services as follows:
1. Line Lease
2. Integrated Management System
3. SISPO
4. Electric connection
5. Land lease
6. Air, water and land conditioning
7. Space
8. Tower space for antennae erection
9. Fiber optic capacity
APPENDIX IV
CO-SERVICE
TELKOM and MOBISEL have agreed to cooperate in services (as long as technique
and services are available) which include:
1. Services in time information and interlocal information (103 and 108).
TELKOM can provide services in time information and interlocal information
through operators using numbers 103 and 108 for MOBISEL's clients.
2. Customer Information Service (108)
(a) TELKOM can provide information on local telephone number MOBISEL's
customers through local number information of 108
(b) What is meant in Clause (1) above is that MOBISEL is obliged to
provide TELKOM with complete and accurate data of its customers.
(c) When telephone number information services of MOBISEL's customers are
attended or served by MOBISEL, then MOBISEL must use TELKOM's
information numbers, using guidelines on valid National FTP.
3. Telephone Directory Book
(a) MOBISEL's customers' telephone numbers can be inserted or combined in
TELKOM's Telephone Directory Book with the permission from TELKOM.
(b) Further arrangement on telephone number merge in the Telephone
Directory Book, as what Clause (1) means, will be regulated in a
separate agreement.
APPENDIX V
1. COSTS OF INTERCONNECTION
Costs of interconnection are costs that arise as a result of connection of
TELKOM's and MOBISEL's telecommunication network.
2. SOURCE OF INTERCONNECTION CALCULATION DATA
THIS IS HIDDEN TEXT, DO NOT DELETE
A. The basis of interconnection cost calculation is traffic data on
incoming conversation that can identify the number of calls, sources,
duration of conversation and conversation time.
B. In accordance with point 2.1 above, each party, TELKOM and MOBISEL, is
obliged to provide the traffic data, which arise from each party
respectively in accordance with the period or duration that has been
set.
C. When one party, due to technical reason, cannot provide the traffic
data, then the party may use data from the other party (outgoing calls
and incoming calls and vice versa).
D. Both TELKOM and MOBISEL are obliged to keep and maintain data needed
for the arrangement of Financial Calculation Note as mentioned in
points 2.1 and 2.2 above.
E. When needed, either TELKOM or MOBISEL can co-examine on financial
collection data to check the accuracy of the data with the calculation
of the interconnection costs.
3. DATA PERIOD
The data period for the calculation of interconnection costs is the traffic
period in the calendar month.
4. INTERCONNECTION DATA DELIVERY
Each month, the 15th at the latest on the following month (x+1), each party -
TELKOM and MOBISEL - has to provide data on interconnection costs, the rights of
each party as a basis for the Financial Calculation Note (NPK).
5. RESTITUTION AND ARREARS
Income restitution on interconnection costs, that each party pays to its
respective customers, and uncollected/unclaimed receivable are the
responsibility of each party.
6. FINANCIAL CALCULATION
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A. Each party can settle the transfer of interconnection costs in MOBISEL
headquarters and DIVRE TELKOM on the 15th on the following month (x+2)
at the latest, after taking account of rights and liabilities of each
party according to interconnection conversation data.
B. Transfer delay, as described in point 6.1, will result in fines
amounting to an average interest of State-owned Bank for the mentioned
period from the amount that has to be claimed/collected.
C. When TELKOM claims receipts of STBS-MOBISEL services, then a transfer
to MOBISEL is carried out after calculating the costs of
interconnection fifteen days, at the latest, after a period of claim
has ended.
D. In that case, in accordance with point 6.3 above, then the billing
process, existing date to update the master file of MOBISEL's
customers and conversation transaction (outgoing and incoming) are the
responsibility of MOBISEL.
E. When TELKOM makes a financial claim, it is obliged to make claims for
the period of 3 months and conveys information on the claims and data
on arrears, including actual receipts, to MOBISEL 7 (seven) days, at
the latest, after the period of claim has ended.
F. To make sure the accuracy of each party's liabilities, a
reconciliation is carried out every three months (quarterly),
according to each party's traffic data.
G. According to the results of reconciliation in point 6.6 above, an
excess and insufficiency in transfers from one of the parties has to
be resolved by the related party in the period of transfer in the
following month.
H. Copies of the Value Added Tax (PPn) on TELKOM's rights from MOBISEL
will be presented to TELKOM every month.
I. Interconnection tariffs for special numbers - intelligent network, TUK
and XXXXXX - will be calculated separately and are different from the
regulation on interconnection costs for ordinary numbers.
J. Free connection or official connection is exempted from income
calculation and will be discussed later by both parties.
K. The cost and tariff of facility replacement if any - by TELKOM and
MOBISEL, will be negotiated separately by both parties.
2
INSERTION 1.1
INTERCONNECTION POINTS AND ESTIMATION
Interconnection points and estimation, that have now been approved, are
described in Table 1 Forecast on additional demand on interconnection points and
traffic estimation are described in Table 2, of which its configuration is
described in Picture 1.5.
TABLE 1: INTERCONNECTION POINTS THAT HAVE NOW BEEN APPROVED
DATE: 30 MAY 1996
CITY CAPACITY/ERL IN OPERATION # OF 2 MBIT/S
OUT/IN OUT/IN
Jakarta Trunk 2 * Existing *
Jakarta Trunk 3 Existing *
Bandung * Existing *
Jakarta Trunk 2 * 31.10.1990 *
Jakarta Trunk 3 * 31.10.1990 *
Randung * 31.08.1996 *
Cirebon * 31.10.1996 *
Semarang * 31.08.1996 *
Solo * 31.08.1996 *
Yogyakarta * 31.08.1996 *
Bandar Lampung * 31.08.1996 *
Surabaya * 31.07.1990 *
Malang * 31.08.1996 *
Denpasar * 31.08.1996 *
TOTAL * *
*Confidential portion has been omitted and filed separately with the Commission.
INSERTION 1.2
TABLE 2: ESTIMATION OF INTERCONNECTION TRAFFIC DEMAND (ERLANG)
DATE: 30.06.1996
CITY 30.11.96 31.12.96 31.1.97 28.2.97 31.3.97 30.4.97 30.4.98 30.4.98
Jakarta * * * *
Bandung * * * *
Cirebon * * * *
Bandar Lampung * * *
Samarang * *
Solo * * *
Yoguakarta * * *
Surabaya * * * *
Malang * * *
Denpasar * * * *
Tasikmalaya *
Madiun *
Medan * *
Palembang * *
Balikpapan * *
Samarinda * *
Padang * *
Manado * *
Ujung Pandang * *
Banjarmasin * *
Batam * *
TOTAL * * * * * *
*Confidential portion has been omitted and filed separately with the Commission.
INSERTION 1.3
PICTURE 1: JAKARTA MIX TRUNK
[JAKARTA MIX TRUNK CHART APPEARS HERE]
INSERTION 1.4
PICTURE 2: BANDUNG MIX CONFIGURATION
[BANDUNG MIX CONFIGURATION CHART APPEARS HERE]
INSERTION 2.1
ACCESS CODE, NUMBERING, SIGNALING AND LOAD POINT
1. ACCESS CODE
The access code to MOBISEL's network is 828 (currently the code access is 82, it
is the same with the code access of other cellular operators).
The new access code (828) will be operated in stages, side by side with the
current access code, for the period of 3 (three) months as of June 1996.
2. NUMBERING AND LOAD POINT
Customer's number consists of 6 (six) digits (figures). The first two or three
digits shows 'home region' of each customer. The routing to MTX is carried out
according to or on the basis of the digits.
Numbering Plan and Load Point are described as in Insertion 2.2.
Numbering will be updated and modified in accordance with numbers that have just
been operating.
3. SIGNALING SYSTEM
MOBISEL's network uses two signaling system. R2 Signaling (Indonesia) and CCS7
(CCITT) signaling.
All signals between TELKOM's network and MOBISEL's network begin with R2
signaling (Indonesia - SMFC) and in stages it will be replaced with CCS7
signaling.
INSERTION 2.2
NUMBERING AND LOAD POINT (DATE 30.06.1996)
Serial Number Area MTX Load Point
10XXXX XXXXXXX XXXXXXX XXXXXXX ,000
11XXXX XXXXXXX XXXXXXX XXXXXXX ,000
12XXXX XXXXXXX XXXXXXX XXXXXXX ,000
13XXXX XXXXXXX XXXXXXX XXXXXXX ,000
14XXXX XXXXXXX XXXXXXX XXXXXXX ,000
15XXXX XXXXXXX XXXXXXX XXXXXXX ,000
16XXXX XXXXXXX XXXXXXX XXXXXXX ,000
17XXXX BOGOR JAKARTA BOGOR ,0251
10XXXX XXXXXX XXXXXXX XXXXXXX ,000
20XXXX XXXXXXX XXXXXXX XXXXXXX ,000
21XXXX XXXXXXX XXXXXXX XXXXXXX ,000
27XXXX XXXXXX XXXXXXX XXXXXX ,0000
50XXXX XXXXXXXX XXXXXXX XXXXXXXX ,0000
51XXXX CIREBON JAKARTA CIREBON ,0231
52XXXX XXXXXXXXXXX XXXXXXX XXXXXXX ,0000
52XXXX XXXXXXX XXXXXXX XXXXXXX ,0000
40XXXX XXXXXXXX XXXXXXXX XXXXXXXX ,000
410XXX-414XXX XXXXXXXXXX XXXXXXXX XXXXXXXXXX ,0000
000XXX-000XXX XXXXXXXX XXXXXXXX XXXXXXXX ,0000
000XXX-000XXX XXXXX XXXXXXXX XXXXX ,0000
000XXX-000XXX XXXXXXXX XXXXXXXX XXXXXXXX ,0000
43XXXX KUDUS SEMARANG KUDUS ,0291
44XXXX SOLO SEMARANG SOLSO ,0271
45XXXX YOGYAKARTA SEMARANG YOGYAKARTA ,0274
30XXXX SURABAYA SURABAYA SURABAYA ,031
32XXXX SURABAYA SURABAYA SURABAYA ,031
34XXXX SURABAYA SURABAYA SURABAYA ,031
36XXXX SURABAYA SURABAYA SURABAYA ,031
710XXX-714XXX MOJOKERTO SURABAYA MOJOKERTO ,0321
715XXX-719XXX MADIUN SURABAYA MADIUN ,0351
72XXXX KEDIRI SURABAYA KEDIRI ,0354
00XXXX XXXXXX XXXXXXXX XXXXXX ,0341
730XXX-734XXX PROBOLINGGO SURABAYA PROBOLINGGO ,0336
736XXX-739XXX SITUBUNDO SURABAYA SITUBUNDO ,0330
766XXX-769XXX BANYUWANGI SURABAYA BANYUWANGI ,0333
54XXXX DENPASAR DENPASAR DENPASAR ,0351
66XXXX MATARAM DENPASAR MATARAM ,0364
INSERTION 3
CALL RECORDING DATA LOAD
Call Recording data on all interconnection calls must cover items as follows:
a) duration of paid call
b) interconnection point
c) number of customer B (the one that is called)
d) date and time when a call occurs
The data must be obtained in the form of approved electrical format (diskette)
and the data can be chosen, at least according to dates, access codes and load
points.
INSERTION 4
LIST OF INTERCONNECTION TARIFF
Cost of interconnection that currently applies is regulated by the Decree of
Minister of Tourism, Post and Telecommunication No. KM.108/PR 301/MPFT-94 dated
28 December 1994, Chapter II, Third Part, Article 5.
INSERTION 4.1
LIST OF INTERCONNECTION TARIFF
(ACCORDING TO KM.108/PR.301/MPFT-94)
-----------------------------------------------------------------------------------------------
INTERCONNECTION PAYMENT
No. DIRECTION AND TYPE TARIFF PAYER RECEIVER DESCRIPTION
-----------------------------------------------------------------------------------------------
A DOMESTIC
-----------------------------------------------------------------------------------------------
1 PSTN TO STBS (local) * XXXX XXXX
0 XXXX XX XXXX (XXX) * PSTN STBS
3 STBS TO PSTN (local) * STBS PSTN
4 STBS TO PSTN (SLU) STBS PSTN Cost of pulses - cost
of usage outside air
time
5 STBS via PSTN to STLR * STBS PSTN Part of STLR is
(local) regulated and paid
by PSTN
6 STBS via PSTN to STLR * STBS PSTN as above
(SLU)
7 STLR via PSTN to STBS * PSTN/STLR STBS Parts of STLR and
(local) PSTN are regulated
separately
8 STLR via PSTN to STBS * PSTN/STLR STBS as above
(SLU)
9 STBS-1 via PSTN to * STBS-1 PSTN and *
STBS-2 (local) * XXXX-0
00 XXXX-0 via PSTN to * STBS-1 PSTN and *
XXXX-0 (XXX) XXXX-0
-----------------------------------------------------------------------------------------------
*Confidential portion has been omitted and filed separately with the Commission.
INSERTION 4.2
LIST OF INTERCONNECTION TARIFF
(ACCORDING TO KM.108/PR.301/MPFT-94)
-----------------------------------------------------------------------------------------------
PAYMENT
INTERCONNECTION -----------------
No. DIRECTION AND TYPE TARIFF PAYER RECEIVER DESCRIPTION
-----------------------------------------------------------------------------------------------
B INTERNATIONAL
-----------------------------------------------------------------------------------------------
1 STBS via PSTN to SGI * STBS PSTN and *
(INDSAT) INDOSAT
2 STBS via PSTN TO SG * STBS PSTN and *
(Satelindo) SGI
(Satelindo)
-----------------------------------------------------------------------------------------------
*Confidential portion has been omitted and filed separately with the Commission.