By Kacific
Kacific Broadband Satellites International Limited, a member of the Kacific Broadband Satellites Group (Kacific) has succeeded in its application to the Supreme Court of Tonga to restore Tonga Satellite Limited, a subsidiary of the Government of Tonga (TSL: company number 9006358), to the Register of Companies. This milestone means that Kacific can now continue its arbitration against TSL and the Government of Tonga.
Kacific came to Tongaās aid during cable outage and signs long-term satellite broadband agreement with TSL
When Tonga suffered two cable cuts which plunged the nation into digital darkness in January 2019, Kacific quickly provided emergency broadband services to Tonga to ensure the nationās most critical services could continue. Kacific has not been paid for providing that service.
To protect the nation from the consequences of any future cable problems the Government entered into discussions with Kacific for the supply of satellite broadband to the Tongan people and on 9 April 2019, Kacific and TSL signed a long-term agreement (the FSA) for the provision of satellite broadband internet in return for a single upfront payment of USD5,760,000 due on 15 June 2019. The satellite broadband Ā would cover the whole of the Kingdom and would support the provision of e-government and e-learning services to Tongans living in remote locations and in the nationās outer islands, as well as protecting the Kingdom against any disruption to its cable service for the next 15 years.
The fee remains outstanding. Following several unsuccessful attempts by Kacific to engage with TSL and the Government of Tonga in an open and constructive way about the payment of the fee, on 19 January 2021 Kacific commenced arbitral proceedings in Singapore against TSL and the Government of Tonga to enforce payment of the debt.
Kacific wishes to perform the FSA
Kacific has initiated the arbitration as the only means left to it to resolve its dispute with TSL and the Government of Tonga. Kacificās preferred outcome is, and has always been, to perform the FSA: it wishes to provide bandwidth to the Kingdom of Tonga, and with it to bring benefits to those people in Tonga otherwise excluded from digital participation. The FSA will deliver on a vision for a digitized Tonga where all citizens have access to affordable broadband which would help eliminate disparities in health, education and e-government services.
Tongan Government fails to honour commitments
āKacific negotiated with the Government of Tonga in good faith to provide affordable internet services to the nation, to safeguard the Tongan cable service and to enable connectivity for people living in remote locations,ā says Christian Patouraux, CEO and founder of Kacific.
āWe came to Tongaās aid during its hour of need. We provided assistance when asked, immediately and without hesitation,ā said Mr Patouraux. āSocial responsibility is at the core of Kacificās values. We provide broadband connectivity at an affordable price to underserved communities in the Pacific Islands and South East Asia, bringing tangible benefits to enterprise and access to healthcare and learning.
Kacific remains committed to operating openly and transparently in the Kingdom to deliver health, education and economic benefits and opportunities to the people of Tonga. It is deeply disappointing that Kacific has to undertake legal proceedings for payment, and that the Cabinet attempted to de-register and remove TSL from the Register of Companies after those proceedings had started. We are grateful that the Supreme Court has recognised this. The Tongan Government has benefited from millions of dollars (USD) of payments from international aid and infrastructure agencies to fund e-government initiatives and strengthen digital access over the last 10 years.ā
FAKAMATALA FAKATONGA NOUNOU
Kuo ikuna āa e kautaha fetuāutaki fakasatelaite Kacific āi heāene kole ki he fakamaauāanga ke toe fakafoki āa e hingoa āa e kautaha fetu’utaki āa e puleāangaā ko e Tonga Satellite Limited (TSL) ki he LÄsisita āO e Ngaahi Kautaha pe Register of Companies āa ia āoku lÄsisita fakalao ai āe he puleāangaā āa e ngaahi kautaha pisnisiā. Ko ha makamaile āeni ki he kautaha’ ni he āe lava ke nau hoko atu ai āenau fakafekiki fakalao mo e TSL mo e puleāanga Tongaā. Ko e fakafekiki āeni he Ā teāeki ke totongi āe he puleāangaā mo e TSL āa honau moāua ki he Kacific hili āenau tÅ«āuta āi Tonga ke tokoniāi e fonuaā he taimi naāe motu ai āa e keipolo fakaāinitanetiā he 2019. Ā Ko e alea ke totongi āa e paāanga āAmelika āe nima miliona tupu (USD$5,760,000 āi he āaho 15 Sune 2019 kae fakahoko āa e ngÄueā kau ai āa hono fokotuāu āo e ako āi he āinitaneti mo hono fakahoko e ngaahi ngÄue āa e puleāangaā ki he kakaiā fou he āinitanetiā pe ko e e-government mo e e-learning. āOku teāeki totongi āa e paāanga ko āeni aāu mai ki he āaho ni neongo āa e toutou feinga āa e Kacific āi he ngaahi founga kehekehe ki he puleāangaā ke totongi ange āenau sÄnitiā. Ko e tupuāanga ia āo e ngÄue fakalao ko eni kuo ikuna hono konga āuluakiā āe he Kacific. āOku fakameāapangoāia āa e Kacific he lava āonau fakahoko e tokoni ki he keipolo ne motuā ka kuo teāeki totongi ange āenau sÄnitiā pea toe feinga e pule’anga’ ia ke to’o hono lÄsisita fakalao ‘o e TSL.
