Telekom Malaysia Berhad has received a counterclaim from MYTV with regard to TM’s Response to the Notice of Arbitration at the Asian International Arbitration Centre against MYTV Broadcasting Sdn Bhd.
The telecommunication confirmed it had received a Statement of Claim from MYTV seeking relief from TM’sclaims and is seeking claims on its own for various matters relating to connectivity.
Among them are, a declaratory relief that TM is not entitled to be paid the amount of RM91,714,254.47 or any amounts claimed by it to be due and owing by MYTV in respect of the Dispute;
A declaration that the provisions and the pricing stipulated under the Mandatory Standard on Access Pricing (“MSAP”) determined pursuant to sections 55, 56, 104(2) and 106 of the Communications and Multimedia Act 1998 from time to time applied and continues to apply to the Service Agreement.
A declaration that all sums invoiced by TM should have complied or conformed with the applicable MSAP at the relevant time and an order that such sums paid by MYTV to TM in excess of the stipulated applicable rates under the MSAP be refunded by TM to MYTV;
Declaration that the said sum of RM38 million paid by MYTV to TM under the Professional Consultancy Agreement be taken into account by TM as payment towards the total outstanding invoices issued by TM to MYTV under the Service Agreement;
Declaration that none of the payments made by MYTV in respect of invoices after 2017 or any part thereof should have been applied to any of the invoices for 2016 and 2017;
Declaration that the invoices for 2016 and 2017 totalling RM19,734,063.13 were wrongly issued, invalid and null and void;
Declaration that no sum, or any part thereof, under TM’s invoice No. 9000420465 dated 4 March 2020 totalling RM13,540,960.22 or any part thereof is due or owing by MYTV to TM under the Service Agreement or otherwise in respect of 16 unused DTT sites;
Declaratory relief that TM has fundamentally breached the Service Agreement and/or was negligent in failing to provide a Completely Redundant 1+1 Network Configuration to MYTV;
Special damages of RM42,812,314.00 and/or general damages to be assessed resulting from TM’s failure to provide Completely Redundant 1+1 Network Configuration for 14 DTT sites;
Special damages of RM64,016,049.00 and/or general damages to be assessed resulting from TM’s failure to provide a Completely Redundant 1+1 Network Configuration for 11 DTT sites;
RM3,270,107.83 as liquidated ascertained damages for late delivery by TM for 14 DTT sites;
A declaration that a sum of RM7,168,736.43 per annum ought to be deducted from the invoices rendered to MYTV under the Service Agreement as a reduction or discount in respect of 16 DTT sites;
Special damages of RM167,781,558.00 as at 31 December 2022 and a sum of RM28,061,647.00 per annum from 1 January 2023 to the date of the award and/or general damages to be assessed in respect of the failure, refusal and/or neglect by TM to make available Metro-Ethernet Network (“Metro-E”) to MYTV;
Special damages of a sum of RM7,188,000.00 and/or general damages to be assessed for MYTV’s losses arising from TM’s breach of the Service Agreement and/or negligence and/or breach of duty of care in relation to failures at 5 DTT sites;
TM in its filing to Bursa said a further announcement will be made in relation to the matter.
