PERUSAHAAN PERSEROAN PERSERO PT TELEKOMUNIKASI INDONESIA Tbk AND ITS SUBSIDIARIES
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS As of December 31, 2013 and for the Year Then Ended
Figures in tables are expressed in billions of rupiah, unless otherwise stated
107
41. SIGNIFICANT COMMITMENTS AND AGREEMENTS continued c.
Others
i 3G license With
reference to
the Decision
Letters No.
07PERM.KOMINFO22006, No. 268KEPM.KOMINFO92009 and No. 191 year 2013 of the MoCI Note 2i, Telkomsel is
required, among other things, to: 1. Pay an annual BHP fee which is calculated based on a certain formula over the license
term 10 years as set forth in the Decision Letters. The BHP is payable upon receipt of the notification letter “Surat Pemberitahuan Pembayaran” from the DGPI. The BHP fee is
payable annually up to the expiry date of the license.
2. Provide roaming access for the existing other 3G operators. 3. Contribute to USO development.
4. Construct a 3G network which covers at least 14 provinces by the sixth year of holding the 3G license.
5. Issue a performance bond each year amounting to Rp20 billion or 5 of the annual fee to be paid for the subsequent year, whichever is higher.
ii Radio Frequency Usage Based on the Decree No. 76 dated December 15, 2010 of the Government of the Republic of
Indonesia, which amended Decree No. 7 dated January 16, 2009, the annual frequency usage fees for bandwidths of 800 Megahertz “MHz”, 900 MHz and 1800 MHz are
determined using a formula set forth in the Decree. The Decree is applicable for 5 years unless further amended.
As an implementation of the above Decree, the Company and Telkomsel paid the first year and second year annual frequency usage fees in 2010 and 2011, respectively.
Based on Decision Letters No. 495 dated August 29, 2012 and No. 491 dated August 29, 2012, the MoCI determined that the third year Y
3
, 2012, annual frequency usage fees of the Company and Telkomsel were Rp174 billion and Rp1,718 billion, respectively. The
fees were paid in December 2012. Based on Decision Letters No. 881 dated September 10, 2013 and No. 884 dated
September 10, 2013, the MoCI determined that the fourth year Y
4
, 2013, annual frequency usage fees of the Company and Telkomsel were Rp213 billion and Rp1,649 billion,
respectively. The fees were paid in December 2013 Note 2i. iii Apple, Inc
On January 9 and July 16, 2009, Telkomsel entered into agreements with Apple, Inc for the purchase of iPhone products, marketing it to customers using third parties PT Trikomsel OKE
and PT Mitra Telekomunikasi Selular and providing cellular network services over a 3-year term. Subsequently, on July 16, 2012, Telkomsel replaced the agreements with a new
agreement. Cumulative minimum iPhone units to be purchased up to June 2015 are at least 500,000 units.
PERUSAHAAN PERSEROAN PERSERO PT TELEKOMUNIKASI INDONESIA Tbk AND ITS SUBSIDIARIES
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS As of December 31, 2013 and for the Year Then Ended
Figures in tables are expressed in billions of rupiah, unless otherwise stated
108
41. SIGNIFICANT COMMITMENTS AND AGREEMENTS continued c.
Others continued
iv Future Minimum Lease Payments of Operating Lease The Company and subsidiaries entered into non-cancelable lease agreements with both third
and related parties. The lease agreements cover leased lines, telecommunication equipment and land and building with terms ranging from 1 to 10 years and with expiry dates between
2014 and 2023.
Future minimum lease payments under the operating lease agreements as of December 31, 2013 are as follows:
Less than 1-5
More than Total
1 year years
5 years
As lessee 14,037
1,845 6,365
5,827 As lessor
4,571 1,025
2,596 950
v USO The MoCI issued Regulation No. 15PERM.KOMINFO92005 dated September 30, 2005,
which sets
forth the
basic policies
underlying the
USO program
and requires
telecommunications operators in Indonesia to contribute 0.75 of their gross revenues with due consideration for bad debts and interconnection charges for USO development. Based
on the Government’s Decree No. 72009 dated January 16, 2009, the contribution was changed to 1.25 of gross revenues, net of bad debts andor interconnection charges andor
connection
charges. Subsequently,
in December
2012, Decree
No. 05PERM.KOMINFO22007 was replaced by Decree No. 45 year 2012 of the MoCi which was effective from January 22, 2013. The Decree stipulates, among other things, the
exclusion of certain revenues that are not considered as part of gross revenues as a basis to calculate the USO charged, and changed the payment period which was previously on a
quarterly basis to become quarterly or semi-annually.
Based on MoCI Decree No. 32PERM.KOMINFO102008 dated October 10, 2008 which replaced MoCI Decree No. 11PERM.KOMINFO042007 dated April 13, 2007 and MoCI
Decree No. 38PERM.KOMINFO92007 dated September 20, 2007, it is stipulated that, among others, in providing telecommunication access and services in rural areas
USO Program,
the provider
is determined
through a
selection process
by Balai Telekomunikasi dan Informatika Pedesaan “BTIP” which was established based on
MoCI Decree No. 35PERM.KOMINFO112006 dated November 30, 2006. Subsequently, based on Decree No. 18PERM.KOMINFO112010 dated November 19, 2010 of MoCI, BTIP
was changed to Balai Penyedia dan Pengelola Pembiayaan Telekomunikasi dan Informatika “BPPPTI”.