1
EXHIBIT 10.26
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DATED # 1996
STANDARD
INTERCONNECT AGREEMENT
BETWEEN
#[OPERATOR]
AND
BRITISH TELECOMMUNICATIONS PLC
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INDEX
1 Definitions and Interpretation
2 Commencement and Duration
3 Interconnection and Standards
4 System Alteration
5 Scope
6 Quality of Service
7 Transfer Charge Calls
8 New Services
9 Forecasts and Capacity
10 Provision of Information
11 CLI
12 BT Services
13 Operator Services
14 Charges and Payment
15 Billing
16 System Protection and Safety
17 Approved Attachments and Customer Equipment
18 Numbering
19 Review
20 Determination
21 Confidentiality
22 Force Majeure
23 Limitation of Liability
24 Intellectual Property Rights
25 Assignment
26 Disputes
27 Breach, Suspension and Termination
28 Notices
29 Entire Agreement
30 Variations
31 Waiver
32 Restrictive Trade Practices
33 Independent Contractors and Agency
34 Severability
35 Governing Law
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SPECIFICATIONS
Generic Electrical & Physical Interface Specification
Generic C7 Signalling Interface Specification
Generic Transmission Interface Specification
Generic SDH Interface Specification
ANNEXES
Annex A Planning and Operations
Annex B Billing and Payment
Annex C Schedules
Annex D Definitions
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THIS AGREEMENT is made the # day of #[month] 1996
between
#[Operator] registered in England No. #[number] having its registered office at
#[address]
and
BRITISH TELECOMMUNICATIONS PUBLIC LIMITED COMPANY registered in England No.
1800000 having its registered office at 00 Xxxxxxx Xxxxxx, Xxxxxx, XX0X 0XX.
WHEREAS
A A licence was granted to the Operator on #[date] under section 7
of the Telecommunications Xxx 0000 to run the Operator System.
B A licence was granted to British Telecommunications on 22 June
1984 under section 7 of the Telecommunications Xxx 0000 to run its
telecommunication system and pursuant to paragraph 20 of schedule
5 to such Act such licence has effect as if granted to BT to run
the BT System.
C The Parties have agreed to connect the Operator System to the BT
System and to the supply of services and facilities, on the terms
and conditions of this Agreement.
IT IS AGREED as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, except if the context requires otherwise, words
and expressions are as defined in Annex D.
1.2 Xxx Xxxxxxxxxxxxxx Xxx 0000 shall apply for the purpose of
interpreting this Agreement as if this Agreement were an Act of
Parliament.
1.3 The following documents form part of this Agreement and, in the
event of any inconsistencies between them, the order of precedence
shall (unless expressly stated to the contrary) be as follows:
1. main body of this Agreement
2. Annex D
3. Annexes A and B
4. Specifications
5. Annex C
6. Carrier Price List
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1.4 It is hereby expressly agreed that the Manuals, the Technical
Master Plan and the Customer Service Plan are not legally binding.
2. COMMENCEMENT AND DURATION
2.1 This Agreement takes effect on the date hereof and shall continue
until:
2.1.1 either Party ceases to hold a licence granted to it
pursuant to section 7 of the Act to run a Telecommunication
System; or
2.1.2 termination pursuant to this Agreement.
2.2 A Party may terminate this Agreement by giving at any time to the
other not less than 24 months' written notice to terminate.
2.3 After a notice has been given pursuant to paragraph 2.2 a Party
may request the other Party to carry on good faith negotiations
with a view to entering into a new agreement.
2.4 Following a request pursuant to paragraph 2.3, if, on termination
of this Agreement either Party would be obliged under its Licence
to enter into a new interconnection agreement with the other Party
then the Parties shall carry on good faith negotiations with a
view to entering into a new agreement to take effect on
termination of this Agreement.
3. INTERCONNECTION AND STANDARDS
3.1 The Parties shall connect and keep connected the BT System and the
Operator System at Points of Connection using Customer Sited
Interconnect or In-span Interconnect in accordance with this
Agreement (to such extent permitted by the Operator Licence).
3.2 If this Agreement does not contain a Schedule for the joint
provision by the Parties of In-span Interconnect and BT notifies
the Operator that BT requires Capacity between particular Switch
Connections on a particular date, the Operator shall include such
Capacity in its next Capacity Profile. The Operator shall place a
Capacity Order in a timely manner for such Capacity by way of
Customer Sited Interconnect between the same Switch Connections,
being an order for not less than the Capacity required by BT. No
such Capacity Order shall be cancelled nor any resulting
Interconnect Link rearranged by the Operator without BT's written
consent. The provisions relating to payment for duct for such
Interconnect Links shall not apply and the Capacity by way of
Customer Sited Interconnect provided pursuant to this paragraph
shall, unless otherwise agreed, be used solely for Traffic Types
for which BT has responsibility pursuant to Annex A.
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3.3 Each Party shall comply with the Specifications in so far as they
apply to the provision of services pursuant to this Agreement.
3.4 In the practical implementation of the Specifications relating to
the interconnection of the BT System and the Operator System the
Parties shall apply standards and operating guidelines which in
the first instance have due regard to the following in the order
of precedence specified below:
3.4.1 any legal requirements imposed upon each of them including
requirements arising from Condition 13B of the BT Licence
and the equivalent Condition of the Operator Licence; and
3.4.2 any relevant specification notified by the Director General
in implementation of the recommendations of the NICC; and
3.4.3 any recommendations by ETSI; and
3.4.4 any recommendations by ITU-T; and
3.4.5 the GSM memorandum of understanding (where applicable)
4. SYSTEM ALTERATION
4.1 A Party wishing to make a System Alteration shall give to the
other Party not less than 7 months written notice prior to the
date of the anticipated System Alteration. The notice shall
specify the technical details of the System Alteration and the
date of the anticipated System Alteration. Following such
notification each Party shall supply to the other such information
as the other may reasonably request including in the case of the
Party giving the notice, to the extent reasonably practicable, the
potential impact on the other Party's System.
4.2 The Party receiving the notice pursuant to paragraph 4.1 shall
notify the other as soon as practicable, but in any event not more
than one month after receipt of such notice, of any alterations
required to that Party's System as a result of the proposed System
Alteration and, if the provisions in paragraph 4.6 do not apply, a
quotation for the cost of such alterations calculated on the basis
of the minimum cost consistent with good engineering practice.
4.3 If the Party giving the notice pursuant to paragraph 4.1 agrees
the alterations required to the other Party's System and agrees
the quotation (if any), the Parties shall agree a plan within
three months of receipt of the notice referred to in paragraph 4.2
to implement the System Alteration and the other Party shall carry
out such alterations in accordance with the agreed plan.
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4.4 If the provisions in paragraph 4.6 do not apply, and if the Party
giving the notice pursuant to paragraph 4.1 does not agree the
alterations required and/or the quotation (if any), that Party
shall so notify the other Party, and the Parties agree to treat
the matter as a Dispute. The Party giving the notice pursuant to
paragraph 4.1 shall not implement the relevant System Alteration
until the Dispute is resolved.
4.5 On completion of the relevant alteration the Party receiving the
notice pursuant to paragraph 4.1 shall invoice the other Party for
such alteration for an amount not exceeding the agreed quotation.
4.6 Each Party shall pay its own costs arising out of the System
Alteration if:
4.6.1 the Parties agree in writing to change their respective
Systems for their mutual benefit; or
4.6.2 the System Alteration is lawfully directed by the Director
General who also lawfully directs each Party to pay its own
costs; or
4.6.3 the System Alteration is unanimously agreed by NICC; or
4.6.4 the altering Party is BT and the System Alteration is a
change to the signalling system, which change is consistent
with an upgrade path agreed by NICC.
4.7 The Parties shall amend the Specifications prior to a System
Alteration.
4.8 If a Party makes a System Alteration it shall ensure that Calls
handed over from the other Party are not prevented to any greater
extent or hindered in any manner different from the generality of
Calls made by the altering Party's Customers.
5. SCOPE
5.1 The Parties shall convey Calls and provide the services and
facilities pursuant to the Schedules.
5.2 For the avoidance of doubt and notwithstanding the interconnection
of the BT System and the Operator System neither Party shall hand
over to the other Party, nor have an obligation to convey Calls of
any category, unless the other Party has agreed to convey Calls of
that category and there is express provision to convey Calls of
that category in a Schedule.
5.3 Neither Party shall be obliged to provide or be entitled to access
Ancillary Services unless there is express provision for the
particular Ancillary Service in a Schedule.
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6. QUALITY OF SERVICE
6.1 BT shall use reasonable endeavours to meet the Target Performance,
applicable at the time of provision of the relevant Standard
Service, specified in the Quality Schedule.
7. TRANSFER CHARGE CALLS
7.1 If having been allocated an entire NNG the Operator has the
exclusive use of that NNG and requests BT not to offer Transfer
Charge Calls to Operator Customers on such NNG then subject to the
Operator:
7.1.1 taking reasonable steps to ensure that Operator Customers
on such NNGs do not accept or agree to pay for Transfer
Charge Calls; and
7.1.2 giving BT written notice that the Operator does not wish
Transfer Charge Calls to be conveyed to the relevant NNG;
BT shall instruct BT Operators not to make available Transfer
Charge Calls to Operator Customers on such NNG, request operators
of Authorised Overseas Systems not to make available Transfer
Charge Calls to Operator Customers on such NNG, and request Third
Parties who run Telecommunication Systems that provide public
switched telephony within the United Kingdom pursuant to licences
granted under the Act, other than licences available to classes of
persons, not to make available Transfer Charge Calls to Operator
Customers on such NNG.
7.2 If the Operator has complied with the provisions of paragraph 7.1,
the Operator shall be released from any obligation to pay for
Transfer Charge Calls conveyed to the relevant NNG 28 Working Days
after the date of receipt of the notice pursuant to paragraph
7.1.2.
7.3 If BT releases the Operator from the obligation to pay for any
Transfer Charge Call pursuant to paragraph 7.2, the Operator shall
release BT from the obligation to pay the Operator for the
conveyance of such Call unless the Call was connected by the BT
Operator.
8. NEW SERVICES
8.1 Either Party may, at any time, request from the other Party an
agreement to interconnect their respective Systems for the
provision of any service or facility which the other Party
provides under interconnection agreements to Third Party Operators
which, in the case of a request to:
8.1.1 BT, is an agreement which BT is required to enter into
under Condition 13 of the BT Licence; or
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8.1.2 the Operator, is an agreement which the Operator is
required to enter into under the equivalent Condition of
the Operator Licence.
8.2 BT shall, following a request by the Operator, offer to enter into
an agreement to interconnect the Parties' respective Systems for
the provision of the service or facility to the Operator on BT's
then current standard terms. Upon acceptance of such offer, this
Agreement shall be amended by the addition of a Schedule
containing the terms applicable to such service or facility or, if
appropriate, the Parties shall agree and enter into a new
interconnection agreement.
8.3 The Operator shall, following a request by BT, enter into good
faith negotiations with BT to agree terms for interconnection of
the Parties' respective Systems for the provision of the service
or facility by the Operator to BT on fair and reasonable terms.
Upon terms being agreed, this Agreement shall be amended to give
effect to the agreed terms or, if appropriate, the Parties shall
agree and enter into a new interconnection agreement.
8.4 If a Party requests from the other Party an agreement for
interconnection for the provision of a service or facility which
is not made available by such other Party to Third Party Operators
and such agreement is one which, if BT is the other Party, BT is
required to enter into under Condition 13 of the BT Licence or, if
the Operator is the other Party, the Operator is required to enter
into under the equivalent Condition of the Operator Licence, the
Parties shall enter into good faith negotiations to enter into an
agreement for interconnection for the provision of such service or
facility in accordance with paragraphs 8.5 - 8.9 (inclusive) or
otherwise as the Parties may agree.
8.5 The Party requesting the other Party under paragraph 8.4 (the
"Requesting Party") shall provide at the time of such request the
other Party (the "Requested Party") with a written statement of
its requirements addressing the matters contained in the New
Services Manual.
8.6 Not later than 5 Working Days after receipt by the Requested Party
of the statement of requirements, the Requested Party shall
acknowledge such receipt in writing.
8.7 Not later than 30 calendar days after the acknowledgement under
paragraph 8.6, the Requested Party shall confirm whether or not
the statement of requirements is sufficient for the purpose and,
if not, the Requested Party shall request and the Requesting Party
shall provide such further clarification of the statement of
requirements as the Requested Party may reasonably require. The
Parties shall use their reasonable endeavours to ensure that the
Requested Party shall be in a position to confirm the sufficiency
of the statement of requirements (with clarification, if any)
within such 30 calendar day period.
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8.8 Subject to the Requested Party confirming the sufficiency of the
Requesting Party's statement of requirements under paragraph 8.7,
the Requested Party shall not later than:
8.8.1 60 calendar days after the acknowledgement under paragraph
8.6, confirm in writing to the Requesting Party whether it
accepts an obligation to enter into an agreement to meet
those requirements in accordance with the cost and other
principles embodied in the Requested Party's Licence; and
8.8.2 if it does accept an obligation to do so, 75 calendar days
after the acknowledgement under paragraph 8.6, endeavour to
agree with the Requesting Party a plan which addresses:
8.8.2.1 the testing of the feasibility of the requirements
and, if so feasible, the implementation of those
requirements;
8.8.2.2 the terms and conditions, including price,
applicable to the requirements; and
8.8.2.3 any other relevant matter.
8.9 If the Requested Party does not accept under paragraph 8.8.1 an
obligation to meet the Requesting Party's requirements or the
Requested Party does accept under paragraph 8.8.1 an obligation to
meet the Requesting Party's requirements but the Parties fail to
agree on any aspect of the plan within the timescale referred to
in paragraph 8.8.2, then the Requesting Party without prejudice to
its other rights and remedies may immediately request a
determination from the Director General under the provisions of
the Requested Party's Licence.
8.10 If the Requested Party does not accept under paragraph 8.8.1 an
obligation to meet the Requesting Party's requirements,
negotiations to agree terms for interconnection for the provision
of the service or facility may nevertheless continue, whether by
further clarification of the statement of requirements or
otherwise and without prejudice to the Requesting Party's right to
request a determination from the Director General as referred to
in paragraph 8.9.
8.11 The provisions of this paragraph 8 are intended to establish a
framework for the interconnection of the Parties' respective
Systems for the provision of any service or facility not already
agreed to be provided under this Agreement, but are not intended
to prejudice the rights, liabilities and obligations of the
Parties created by and under their Licences.
9. FORECASTS AND CAPACITY
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9.1 The Parties shall supply to each other forecasts in accordance
with Annex A and as may be required in a Schedule.
9.2 The Parties shall order and provide Capacity in accordance with
Annex A and as may be required in a Schedule.
10. PROVISION OF INFORMATION
10.1 Each Party shall provide free of charge, one copy of the
information specified in paragraph 10.3 of the main body and in
paragraphs 3, 7 and 16 of Annex A, and such other information as
is reasonably required from time to time by the other Party for
interconnection of the Systems and the provision of services or
facilities pursuant to this Agreement.
10.2 Each Party shall promptly supply to the other upon request details
of services and facilities which it provides to its Customers to
which paragraph 8 may apply.
10.3 Subject to a Party's obligations of confidentiality to a Third
Party, a Party may request and the other Party shall provide
information on protocols in use by that other Party which are
required for interconnection, conveyance of Calls or the provision
of services specified in this Agreement between the BT System and
the Operator System if such other Party has relevant information
and the provision of such information is necessary as a
consequence of the absence of international standards.
10.4 Notwithstanding any provision of this Agreement a Party shall not
be obliged to provide information which is subject to a
confidentiality obligation to a Third Party unless such Third
Party consents to such disclosure.
10.5 The Disclosing Party will use reasonable endeavours to ensure that
information disclosed is correct to the best of its knowledge at
the time of provision of such information.
10.6 If a Disclosing Party provides information to a Receiving Party,
the Disclosing Party shall have obtained all appropriate Third
Party consents.
10.7 Subject to paragraph 23, the Receiving Party shall indemnify the
Disclosing Party and keep it indemnified against all liabilities,
claims, demands, damages, costs and expenses arising as a
consequence of any failure by the Receiving Party to comply with
the conditions imposed and identified at the time when the
information was provided.
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10.8 Nothing in this Agreement shall require a Party to do anything in
breach of any statutory or regulatory obligation of
confidentiality, including without prejudice to the generality of
the foregoing, any obligation pursuant to the Data Protection Xxx
0000, the BT Licence or the Operator Licence as appropriate or any
code of practice on the confidentiality of customer information
issued by the Director General.
11. CLI
11.1 If a Party's System requests CLI from the other System the
originating System shall generate and convey CLI to the System
requesting it to the extent that the originating System has such a
capability.
11.2 A Party whose System receives CLI following a request pursuant to
paragraph 11.1 shall only use the CLI for the following purposes:
11.2.1 routing Calls; and
11.2.2 compilation of inter Party bills; and
11.2.3 agreed administrative use in accordance with accepted
industry practice from time to time which includes, at the
date of this Agreement, call trace, malicious call
identification, compilation of statistics relating to call
origin and PRS Fraud prevention and detection; and
11.2.4 display to Customers subject to compliance with the "Code
of Practice" as referred to in the definition of CLI in
Annex D as such code may be amended or replaced from time
to time.
11.3 A Party conveying Calls handed over from a Third Party System or
an Authorised Overseas System shall convey, to the extent
received, the CLI associated with those Calls.
11.4 Notwithstanding other provisions of this Agreement a Party may use
CLI to pass telephone numbers to Emergency Organisations.
11.5 The cost of generating and conveying CLI is included in the
relevant conveyance rates for Calls. Neither Party shall apply
additional charges for CLI.
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11.6 If a Party desires to charge separately for the generation or
conveyance of CLI such Party may initiate a review of this
paragraph 11 pursuant to paragraph 19.1.3 on 1 April 1997 and each
1 April thereafter.
11.7 If there is a change in applicable law or regulation materially
affecting the operation of CLI, the Parties shall change the
operation of CLI to the extent necessary to comply with the
applicable law or regulation.
12 BT SERVICES
12.1 If, at the commencement of the Financial Year In Question, the
Director General has not determined the Interim Charge for a
Standard Service (other than a Competitive Standard Service), the
Pre-Interim Charge for that Standard Service shall be the same as
the Interim Charge (or the Actual Charge, if applicable, for the
relevant period) for that Standard Service for the Financial Year
immediately preceding the Financial Year In Question provided
always that such Interim Charge has been determined for such
immediately preceding Financial Year.
12.2 If, for the Financial Year In Question, the Director General has
not determined, before 1 July of such year, the Interim Charge for
a Standard Service (other than a Competitive Standard Service)
referred to the Director General pursuant to Condition 16B.2 of
the BT Licence, BT shall, as soon as reasonably practicable
following publication in the Carrier Price List of the determined
Interim Charge for the Financial Year In Question, adjust and
recalculate the charges in respect of such Standard Service for
the Financial Year In Question using the determined Interim Charge
and calculate any sum overpaid or underpaid.
12.3 As soon as reasonably practicable following a determination by the
Director General of a charge (or the means of calculating that
charge) for a Standard Service, BT shall make any necessary
alterations to the Carrier Price List so that it accords with the
full list of Standard Services maintained by BT pursuant to
Condition 16B.8 of the BT Licence and shall send a copy of the
alterations to the Carrier Price List to the Operator as soon as
reasonably practicable.
12.4 After the Director General has determined the Final Charge (or the
means of calculating that charge) for a Standard Service, BT
shall, as soon as reasonably practicable following publication in
the Carrier Price List of the determined Final Charge for the
Financial Year In Question, adjust and recalculate the charges in
respect of such Standard Service for the Financial Year In
Question in accordance with the provisions of Condition 13.5A.3B
of the BT Licence and calculate the interest for any sums overpaid
or underpaid in accordance with the Oftel Interest Rate. For the
purposes of this paragraph 12.4 Pre-Interim Charges shall be
treated as Interim Charges.
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12.5 If the Director General determines that a Standard Service is a
Competitive Standard Service, BT may, specify and vary from time
to time, the charge for such Competitive Standard Service by
publication in the Carrier Price List and such charge shall take
effect on the Effective Date being a date not earlier than the
date of such publication. If BT increases the price of a
Competitive Standard Service the Effective Date shall in addition
be not earlier than 28 calendar days after the date of such
publication.
12.6 If a determination referred to in paragraphs 12.3, 12.4 or 12.5 is
subject to a legal challenge, the Parties shall, without
prejudice, treat the determination as valid until the conclusion
of the legal proceedings, unless the court otherwise directs. If
the court finds a determination to be unlawful then the Parties
agree to revert to the charges payable immediately prior to such
determination being made and BT shall make any necessary
alterations to the Carrier Price List. As soon as reasonably
practicable following a redetermination by the Director General
(as a result of a legal challenge) of a charge (or the means of
calculating that charge) for a Standard Service, BT shall make any
necessary alterations to the Carrier Price List so that it accords
with the full list of Standard Services maintained by BT pursuant
to Condition 16B.8 of the BT Licence and shall send a copy of the
alterations to the Carrier Price List to the Operator as soon as
reasonably practicable. BT shall, as soon as reasonably
practicable following publication in the Carrier Price List of the
redetermined charge for the Financial Year In Question, adjust and
recalculate the charges in respect of such Standard Service for
the Financial Year In Question and calculate the interest for any
sums overpaid or underpaid in accordance with the Oftel Interest
Rate.
12.7 For a service which is not a Standard Service or is a Standard
Service for which there is no determined charge, BT may, specify
and vary from time to time, the charge for such a service by
publication in the Carrier Price List and such charge shall take
effect on the Effective Date being a date not earlier than the
date of such publication.
12.8 Subject to paragraphs 12.9 and 12.10, the charge payable during
the course of the relevant Financial Year In Question for each
Standard Service, other than a Competitive Standard Service, shall
be that specified in the column headed Interim Charge in the
Carrier Price List for the relevant Financial Year In Question.
12.9 Subject to paragraph 12.10, the charge payable during the course
of the relevant Financial Year In Question for each Standard
Service, other than a Competitive Standard Service or a Standard
Service for which there is no determined charge, in respect of a
period for which there is no charge specified in the column headed
Interim Charge, shall be that specified in the column headed
Pre-Interim Charge in the Carrier Price List for the relevant
Financial Year In Question.
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12.10 The charge payable for each Standard Service, other than a
Competitive Standard Service, in respect of a period for which a
charge is specified in the column headed Actual Charge, shall be
the charge specified in the column headed Actual Charge in the
Carrier Price List for the said period for the relevant Financial
Year In Question.
12.11 An adjustment and recalculation which is to be carried out using
the Final Charge shall be based on the charge specified in the
column headed Final Charge in the Carrier Price List for the
relevant Financial Year In Question.
12.12 The charge payable for each Competitive Standard Service and a
service which is not a Standard Service, shall be the charge
specified from time to time in the column headed BT Charge in the
Carrier Price List.
12.13 If there is a difference between a charge for a Standard Service
(other than a Competitive Standard Service) specified in the
Carrier Price List and a charge determined by the Director
General, the charge determined by the Director General shall
prevail.
12.14 All references to an entry in the Carrier Price List for Standard
Services are references to the Carrier Price List relating to the
Financial Year In Question.
12.15 The date of publication in the Carrier Price List shall be the
date that BT first makes available or sends the Carrier Price List
containing the relevant entries to a person other than BT.
13. OPERATOR SERVICES
13.1 As soon as reasonably practicable following agreement of a charge
(or the means of calculating that charge) for a service provided
by the Operator to BT, BT shall make any necessary alterations to
the Carrier Price List so that it accords with that agreement and
shall send a copy of the alterations to the Carrier Price List to
the Operator as soon as reasonably practicable.
13.2 If the Parties have agreed on a provisional basis an Interim
Charge for a service provided by the Operator to BT, such
provisionally agreed charge shall be reviewed on:
13.2.1 a date agreed by the Parties; or
13.2.2 a date that a determination by the Director General of an
Interim Charge for an equivalent service for the relevant
Financial Year In Question is published;
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13.2.3 a date that a determination by the Director General of a
Final Charge for an equivalent service for the relevant
Financial Year In Question is published;
whichever is the earlier and any variation to the provisionally
agreed charge shall take effect from the date of the original
agreement.
13.3 In circumstances other than where Condition 13.5.(1)(i) of the BT
Licence or the equivalent Condition of the Operator Licence
applies, if the Parties are unable to reach agreement of a charge
(or the means of calculating that charge) for a service provided
by the Operator to BT under the Agreement, either Party may serve
a review notice on the other Party under paragraph 19.1.
13.4 If the Director General has previously determined the charge for a
service provided by the Operator to BT, and if, at the
commencement of the Financial Year In Question, the Director
General has not determined the Interim Charge for that service,
the Pre-Interim Charge for that service shall be the same as the
Interim Charge for that service for the Financial Year immediately
preceding the Financial Year In Question provided always that such
Interim Charge has been determined for such immediately preceding
Financial Year.
13.5 If the Director General has previously determined the charge for a
service provided by the Operator to BT, and if, for the Financial
Year In Question, the Director General has not determined, before
1 July of such year, the Interim Charge for that service, the
Operator shall, as soon as reasonably practicable following
publication in the Carrier Price List of the determined Interim
Charge for the Financial Year In Question, adjust and recalculate
the charges in respect of that service for the Financial Year In
Question using the determined Interim Charge and calculate any sum
overpaid or underpaid.
13.6 As soon as reasonably practicable following a determination by the
Director General of a charge (or the means of calculating that
charge) for a service provided by the Operator to BT, BT shall
make any necessary alterations to the Carrier Price List so that
it accords with the determination and shall send a copy of the
alterations to the Carrier Price List to the Operator as soon as
reasonably practicable.
13.7 If the Director General has determined an Interim Charge for a
service provided by the Operator to BT, after the Director General
has determined the Final Charge (or the means of calculating that
charge) for that service, the Operator shall, as soon as
reasonably practicable following publication in the Carrier Price
List of the determined Final Charge for the Financial Year In
Question, adjust and recalculate the charges in respect of that
service for the Financial Year In Question in accordance with the
provisions of Condition 13.5B.1A of the BT Licence and calculate
the interest for any
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sums overpaid or underpaid calculated in accordance with the Oftel
Interest Rate. For the purposes of this paragraph 13.7 Pre-Interim
Charges shall be treated as Interim Charges.
13.8 If the Director General has determined an Interim Charge for a
service provided by the Operator to BT then either Party may
request the Director General to determine the Interim Charge for
that service for the next Financial Year In Question.
13.9 If a determination referred to in paragraphs 13.3, 13.6, 13.7 or
13.8 is subject to a legal challenge, the Parties shall, without
prejudice, treat the determination as valid until the conclusion
of the legal proceedings unless the court otherwise directs. If
the court finds a determination to be unlawful then the Parties
agree to revert to the charges payable immediately prior to such
determination being made and BT shall make any necessary
alterations to the Carrier Price List. As soon as reasonably
practicable following a redetermination by the Director General
(as a result of a legal challenge) of a charge (or the means of
calculating that charge) for such service, BT shall make any
necessary alterations to the Carrier Price List so that it accords
with redetermination and shall send a copy of the alterations to
the Carrier Price List to the Operator as soon as reasonably
practicable. The Operator shall, as soon as reasonably practicable
following publication in the Carrier Price List of the
redetermined charge for the Financial Year In Question, adjust and
recalculate the charges in respect of such service for the
Financial Year In Question and calculate the interest for any sums
overpaid or underpaid in accordance with the Oftel Interest Rate.
13.10 Subject to paragraphs 13.11 and 13.12, the charge payable during
the course of the relevant Financial Year In Question for each
service provided by the Operator to BT, shall be that specified in
the column headed Interim Charge in the Carrier Price List for the
relevant Financial Year In Question.
13.11 The charge payable during the course of the relevant Financial
Year In Question for each service provided by the Operator to BT
for which there is no determined charge, in respect of a period
for which there is no charge specified in the column headed
Interim Charge, shall be that specified in the column headed
Pre-Interim Charge in the Carrier Price List for the relevant
Financial Year In Question.
13.12 An adjustment and recalculation which is to be carried out using
the Final Charge shall be based on the charge specified in the
column headed Final Charge in the Carrier Price List for the
relevant Financial Year In Question.
13.13 If any charge (or the means of calculating that charge) for a
service provided by the Operator to BT has retrospective effect
then the Operator shall adjust and recalculate the charges in
respect of such service for the Financial Year
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In Question using the new charge and calculate the interest for
any sum overpaid or underpaid at the Oftel Interest Rate.
13.14 If there is a difference between a charge for a service provided
by the Operator to BT specified in the Carrier Price List and a
charge determined by the Director General, the charge determined
by the Director General shall prevail.
13.15 All references to an entry in the Carrier Price List for services
provided by the Operator are references to the Carrier Price List
relating to the Financial Year In Question.
13.16 The date of publication in the Carrier Price List shall be the
date that BT first makes available or sends the Carrier Price List
containing the relevant entries to a person other than BT.
14. CHARGES AND PAYMENT
14.1 Each Party shall pay the charges calculated in accordance with,
and within the time specified in, this Agreement.
14.2 No charges shall be payable under this Agreement by one Party to
the other unless such charges are specifically referred to in this
Agreement.
14.3 The charges in this Agreement are exclusive of VAT unless such
charges are stated to be inclusive of VAT.
14.4 Invoices are due and payable in pounds sterling.
14.5 Each Party shall pay the other Party the relevant charges
specified in this Agreement for all Calls conveyed between the
Parties except that if a Party has a Third Party Interconnect, and
the other Party has a Third Party Interconnect Agreement
containing provisions such that charges for Calls conveyed via the
Third Party Interconnect are paid directly to that other Party by
that Third Party, then the first Party shall be released from
payment for such Calls subject to such Calls being conveyed in
agreed separate Traffic Routes.
14.6 If an Operator has a liability to pay BT Access Deficit
Contributions for Calls handed over directly to BT that liability
shall continue notwithstanding that the Operator conveys such
Calls to BT via a Third Party.
14.7 If the Operator hands over a Call to a Third Party Operator system
and such Call is subsequently handed over to the BT System and
conveyed to a BT Network Termination Point the Operator shall pay
BT (in relation to such a Call) the same contribution to BT's
Access Deficit as the Operator would
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have been liable to pay BT if such a Call had been handed over
directly from the Operator System to the BT System.
14.8 The Operator shall not pay any Access Deficit Contribution in
respect of a Call made on or after 8 February 1996.
15. BILLING
15.1 Each Party shall provide to the other invoices of all amounts due
to it, calculated in accordance with the provisions of Annex B and
the Carrier Price List.
16. SYSTEM PROTECTION AND SAFETY
16.1 Each Party is responsible for the safe operation of its System and
shall take all reasonable and necessary steps in its operation and
implementation of this Agreement to ensure that its System does
not:
16.1.1 endanger the safety or health of employees, contractors,
agents or Customers of the other Party; or
16.1.2 damage, interfere with or cause any deterioration in the
operation of the other Party's System.
17. APPROVED ATTACHMENTS AND CUSTOMER EQUIPMENT
17.1 Neither Party shall connect or knowingly permit the connection to
its System of anything that is not approved by the relevant
approvals authority for attachment to its System.
17.2 If a Customer ceases wholly or partly to be a Party's Customer at
any one site and becomes a Customer of the other Party, the first
Party shall not hinder the second Party from:
17.2.1 gaining access to equipment rooms owned or occupied by the
Customer,
17.2.2 gaining access to ducting and wiring owned by the Customer,
and/or
17.2.3 obtaining consents and wayleaves from any Third Party
as shall be required for such access.
18. NUMBERING
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18.1 Each Party shall use numbers in accordance with the United Kingdom
national numbering scheme and shall comply with the numbering
provisions in Annex A.
19. REVIEW
19.1 A Party may seek to amend this Agreement by serving on the other a
review notice if:
19.1.1 either Party's Licence is materially modified (whether by
amendment or replacement); or
19.1.2 a material change occurs in the law or regulations
(including codes of practice whether or not having the
force of law) governing telecommunications in the United
Kingdom; or
19.1.3 this Agreement makes express provision for a review or the
Parties agree in writing that there should be a review; or
19.1.4 a material change (including enforcement action by any
regulatory authority) occurs which affects or reasonably
could be expected to affect the commercial or technical
basis of this Agreement; or
19.1.5 this Agreement is assigned or transferred by the other
Party except if prior written consent to the assignment or
transfer is not required under paragraph 25.1; or
19.1.6 there is a general review pursuant to paragraph 19.4; or
19.1.7 there is to be a review of charges for which a Review Date
is specified in a Schedule.
19.2 A review notice shall set out in reasonable detail the issues to
be discussed between the Parties.
19.3 Save as provided in paragraphs 19.4 or 19.5, a Party shall serve a
review notice not later than the expiration of a 1 year period
commencing on the date set opposite each paragraph as follows:
------------------------------------------------------------------------
PARAGRAPH PERIOD COMMENCING ON THE DATE:
------------------------------------------------------------------------
19.1.1 of publication of the modifications to the Licence
------------------------------------------------------------------------
19.1.2 of occurrence of material change
------------------------------------------------------------------------
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------------------------------------------------------------------------
19.1.3 of entitlement or occurrence of the date of written
agreement
------------------------------------------------------------------------
19.1.4 of occurrence of the material change
------------------------------------------------------------------------
19.1.5 of notification of assignment or transfer
------------------------------------------------------------------------
19.4 A Party may initiate a general review of this Agreement by serving
a review notice during the period of three months commencing on
1st April 1998 and 1st April every 2 years thereafter.
19.5 A Party may initiate a review of charges in a Schedule or the
Carrier Price List if there is a Review Date specified, by serving
a review notice during the period of three months commencing on
the Review Date.
19.6 On service of a review notice, the Parties shall forthwith
negotiate in good faith the matters to be resolved with a view to
agreeing the relevant amendments to this Agreement.
19.7 A variation of charges payable by one Party to the other following
a review notice pursuant to paragraph 19.1.7 shall take effect as
of the Review Date. All other variations of charges resulting from
a determination by the Director General shall, except where agreed
otherwise, take effect from the date of the relevant review
notice.
19.8 For the avoidance of doubt, the Parties agree that notwithstanding
service of a review notice this Agreement shall remain in full
force and effect.
20. DETERMINATION
20.1 If the Parties fail to reach agreement on the subject matter of a
review notice within 3 months (or within 6 months for a review
notice under paragraph 19.4) in each case from the date of service
of such review notice, either Party may, not later than 3 months
after the expiration of the relevant period, request in writing
the Director General to determine:
20.1.1 the matters upon which the Parties have failed to agree;
20.1.2 whether this Agreement should be modified to take account
of such matters; and, if so
20.1.3 the amendment or amendments to be made.
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The Parties may, at any time, agree in writing a variation to the
time periods specified above in relation to a particular review
notice.
20.2 On receipt of a request for a determination the Director General
may make a determination if he is satisfied that:
20.2.1 the requirements of the relevant paragraphs in paragraph
19.1 have been satisfied; and
20.2.2 the modifications sought to this Agreement are material.
20.3 A determination by the Director General shall be limited to:
20.3.1 the subject matter of the request for a determination; and
20.3.2 matters on which the Parties have failed to agree which the
Director General would have power to determine under either
Condition 13 of the BT Licence or under the equivalent
Condition of the Operator Licence if there was no agreement
between the Parties.
20.4 In making a determination, the Director General shall act pursuant
to the criteria contained from time to time either in Condition 13
of the BT Licence or in the equivalent Condition of the Operator
Licence. The Parties shall have the rights and remedies whether
arising at law or otherwise in relation to such determination as
would be available under either Condition 13 of the BT Licence or
under the equivalent Condition of the Operator Licence.
20.5 The Parties shall enter into an agreement to modify or replace the
Agreement in accordance with the Director General's determination
unless the determination is subject to a legal challenge.
20.6 If the determination is subject to a legal challenge then the
Parties shall subject to paragraphs 12.6 and 13.9 modify or
replace the Agreement at the conclusion of the legal proceedings
in accordance with the Director General's determination and the
result of the legal proceedings.
20.7 For the avoidance of doubt, determination of a charge may include
a determination of the basis for calculating that charge.
21. CONFIDENTIALITY
21.1 Subject to the following provisions of this paragraph 21, a
Receiving Party shall keep in confidence Confidential Information
and will not (and will use its reasonable endeavours to ensure
that its directors, employees, and professional advisers will not)
disclose such information to any Third Party.
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21.2 A Receiving Party shall exercise no lesser degree of care of
Confidential Information than would a reasonable person with
knowledge of confidential nature of the information. A Receiving
Party shall exercise no lesser security or degree of care than
that Party applies to its own Confidential Information of an
equivalent nature.
21.3 A Receiving Party shall restrict disclosure of Confidential
Information relating to the other Party to those persons who have
a reasonable need to know. Confidential Information shall be used
solely for the purposes for which it was disclosed.
21.4 A Receiving Party may disclose Confidential Information to an
Associated Company, subject to the Associated Company undertaking
to comply with obligations equivalent to these contained in this
paragraph 21.
21.5 A Receiving Party may disclose Confidential Information to a
contractor or agent, subject to the contractor or agent
undertaking to comply with obligations equivalent to those
contained in this paragraph 21.
21.6 The following shall not constitute a breach of this paragraph 21:
21.6.1 a disclosure authorised in writing by the Disclosing Party
to the extent of that authority; or
21.6.2 a disclosure to an Emergency Organisation; or
21.6.3 publication of all or part of this Agreement or details of
it pursuant to the BT Licence or publication in the Carrier
Price List or Quality Schedule except in so far as the
Director General has consented to the exclusion of any
matter pursuant to Condition 16A of the BT Licence; or
21.6.4 a disclosure which is properly made pursuant to the
Operator Licence or the BT Licence or a relevant statutory
or other regulatory obligation; or
21.6.5 a disclosure properly and reasonably made to the Director
General under paragraph 20, to an arbitrator, expert or any
person appointed by the Parties for the resolution of a
Dispute; or
21.6.6 a disclosure to obtain or maintain any listing on any
recognised stock exchange,
subject to in the case of any disclosure specified in paragraphs
21.6.4 to 21.6.6 the Receiving Party informing the Disclosing
Party as soon as reasonably practical, after such disclosure.
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21.7 Unless otherwise agreed in writing, a Receiving Party shall not
use the other Party's Confidential Information to provide
commercial advantage to its retail business.
22. FORCE MAJEURE
22.1 Neither Party shall be liable for any breach of this Agreement
caused by act of God, insurrection or civil disorder, war or
military operations, national or local emergency, acts or
omissions of government, highway authority or other competent
authority, compliance with any statutory obligation, industrial
disputes of any kind (whether or not involving BT's or the
Operator's employees), fire, lightning, explosion, flood,
subsidence, weather of exceptional severity, acts or omissions of
persons for whom neither Party is responsible or any other cause
whether similar or dissimilar outside its reasonable control and
any such event or circumstance is a force majeure.
22.2 The Party initially affected by a force majeure shall promptly
notify the other of the estimated extent and duration of its
inability to perform or delay in performing its obligations
("force majeure notification").
22.3 Upon cessation of the effects of the force majeure the Party
initially affected by a force majeure shall promptly notify the
other of such cessation.
22.4 If as a result of a force majeure, the performance by the Party
initially affected of its obligations under this Agreement is
affected, such Party shall, subject to the provisions of paragraph
22.6, perform those of its obligations not affected by a force
majeure. In performing those of its obligations not affected by a
force majeure, the Party initially affected by a force majeure
shall deploy its resources such that (when taken together with
other obligations to its Customers and Third Parties) there is no
undue discrimination against the other Party.
22.5 To the extent that a Party is prevented as a result of a force
majeure from providing all of the services or facilities to be
provided under this Agreement, the other Party shall be released
to the equivalent extent from its obligations to make payment for
such services or facilities or complying with its obligations in
relation thereto.
22.6 Following a force majeure notification and if the effects of such
force majeure continue for:
22.6.1 a continuous period of not more than 6 months from the date
of the force majeure notification (whether or not notice of
cessation has been given pursuant to paragraph 22.3) any
obligation outstanding shall be fulfilled by the Party
initially affected by the force majeure as soon as
reasonably possible after the effects of the force majeure
have ended,
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save to the extent that such fulfilment is no longer
possible or is not required by the other Party;
22.6.2 a continuous period of 6 months or more from the date of
the force majeure notification (and notice of cessation has
not been given pursuant to paragraph 22.3), the Party
receiving the force majeure notification shall be entitled
(but not obliged) to terminate this Agreement by giving not
less than 30 days written notice to the other Party,
provided that such notice shall be deemed not to have been
given if notice of cessation is received by the Party
receiving the force majeure notification prior to the
expiry of the 30 days notice. If this Agreement is not
terminated in accordance with the provisions of this
paragraph 22.6.2, any obligations outstanding shall be
fulfilled by the Party initially affected by the force
majeure as soon as reasonably possible after the effects of
the force majeure have ended, save to the extent that such
fulfilment is no longer possible or is not required by the
other Party.
23. LIMITATION OF LIABILITY
23.1 Neither Party has an obligation of any kind to the other Party
beyond the obligations to exercise the reasonable skill and care
of a competent telecommunications operator in performing its
obligations under this Agreement.
23.2 Subject to paragraph 23.4 if a Party is in breach of any of its
obligations under this Agreement to the other Party (excluding
obligations arising under this Agreement to pay moneys in the
ordinary course of business), or otherwise (including liability
for negligence or breach of statutory duty) such Party's liability
to the other shall be limited to one million pounds sterling (Stg
(pound)1,000,000) for any one event or series of connected events
and two million pounds sterling (Stg (pound)2,000,000) for all
events (connected or unconnected) in any period of 12 calendar
months.
23.3 Neither Party excludes or restricts its liability for death or
personal injury caused by its own negligence or liability arising
under Part I of the Consumer Protection Xxx 0000.
23.4 Neither Party shall be liable to the other in contract, tort
(including negligence or breach of statutory duty) or otherwise
for loss (whether direct or indirect) of profits, business or
anticipated savings, wasted expenditure or for any indirect or
other consequential loss whatsoever arising in connection with the
operation of this Agreement, howsoever caused.
23.5 Each provision of this paragraph 23 is a separate limitation
applying and surviving even if one or more such provisions is
inapplicable or held unreasonable in any circumstances.
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23.6 The amounts specified in paragraph 23.2, as adjusted pursuant to
this paragraph 23.6, shall be adjusted on each 1st April after the
date of this Agreement by the percentage change in the retail
price index (published in the General Index of Retail Prices (RPI)
published by the Central Statistical Office (or any successor
index)) for the month of September immediately preceding each 1st
April compared with the RPI published in September in the previous
year.
24. INTELLECTUAL PROPERTY RIGHTS
24.1 Except as expressly provided otherwise in this Agreement,
Intellectual Property Rights shall remain the property of the
Party creating or owning the same and nothing in this Agreement
shall be deemed to confer any assignment or licence of the
Intellectual Property Rights of one Party to the other Party.
25. ASSIGNMENT
25.1 Unless otherwise agreed in writing, and subject to paragraph 25.2,
no rights, benefits or obligations under this Agreement may be
assigned or transferred, in whole or in part, by a Party without
the prior written consent of the other Party.
25.2 No consent is required under paragraph 25.1 for an assignment of
rights, benefits or obligations under this Agreement (in whole or
in part) to a successor to all or substantially all of the
assigning Party's System or to an Associated Company provided that
such successor or Associated Company shall have had a licence
granted to it under section 7 of the Act to run the
Telecommunication System of the assigning Party.
25.3 The assigning Party shall promptly give notice to the other Party
of any assignment permitted to be made without the other Party's
consent. No assignment shall be valid unless the
assignee/successor agrees in writing to be bound by the provisions
of this Agreement.
26. DISPUTES
26.1 If a Party ("the disputing Party") wishes to invoke the dispute
procedure specified in this paragraph it shall as soon as
reasonably practicable notify the other Party's liaison contact
specified from time to time in the Customer Service Plan. The
disputing Party shall include with such notice all relevant
details including the nature and extent of the Dispute.
26.2 Following a notification under paragraph 26.1 the Parties shall
consult in good faith to try to resolve the Dispute at level 1. If
agreement is not reached at level 1 the Dispute may be escalated
to level 2. If agreement is
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not reached at level 2 the Dispute may be escalated to level 3. If
a Party escalates a Dispute it shall record for the benefit of the
next level all relevant details including what is agreed and what
is not agreed concerning the Dispute.
26.3 The name of each Party's liaison contact and representatives at
each level of consultation shall be as specified from time to time
in the Customer Service Plan. No change to a liaison contact or
representative shall be effective until it has been notified to
the other Party.
26.4 The above procedures are without prejudice to any other rights and
remedies that may be available in respect of any breach of any
provision of this Agreement.
26.5 Nothing herein shall prevent a Party from:
26.5.1 seeking (including obtaining or implementing) interlocutory
or other immediate relief; or
26.5.2 referring the Dispute to the Director General in accordance
with any right (if any) either Party may have to request a
determination or other appropriate steps for its
resolution.
27. BREACH, SUSPENSION AND TERMINATION
27.1 If a Party's System adversely affects the normal operation of the
other Party's System, or is a threat to any person's safety, the
other Party may suspend, to the extent necessary, such of its
obligations hereunder, and for such period as it may consider
reasonable to ensure the normal operation of its System or reduce
the threat to safety.
27.2 If a Party is in material breach of (including failure to pay a
sum due under) this Agreement, the other Party may serve a written
notice (the "breach notice") on the Party in breach specifying the
breach and requiring it to be remedied within:
27.2.1 30 calendar days from the date of receipt of such breach
notice; or
27.2.2 in case of emergency, within such shorter period as the
Party not in breach may reasonably specify.
27.3 If, the Party in breach fails to remedy the breach within such
period as may be specified by the Party not in breach pursuant to
paragraph 27.2 the Party not in breach may, until such breach is
remedied, suspend performance of such of its obligations under
this Agreement as is reasonable in the circumstances.
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27.4 If the Party in breach fails to remedy the breach within the
period stated in the breach notice the Party not in breach may
terminate this Agreement on three months' written notice provided
always that if the Party in breach remedies the breach within such
three months' notice period, this Agreement shall not terminate as
a result of such notice.
27.5 This Agreement may be terminated by either Party by written notice
forthwith (or on the termination of such other period as such
notice may specify) if the other Party:
27.5.1 is unable to pay its debts within the meaning of section
123 (1) (e) of the Insolvency Xxx 0000; or
27.5.2 has a receiver or administrative receiver appointed in
relation to all or any of its assets; or
27.5.3 has an order made or a resolution passed for its winding up
(other than for the purpose of amalgamation or
reconstruction); or
27.5.4 has an administration order made in respect of its
business; or
27.5.5 enters into a voluntary arrangement under section 1 of the
Insolvency Xxx 0000; or
27.5.6 ceases to carry on business.
27.6 Upon termination or expiry of this Agreement each Party shall take
such steps and provide such facilities as are necessary for
recovery by the other Party of equipment (if any) supplied by that
other Party. Each Party shall use reasonable endeavours to recover
equipment made available by it.
27.7 If 30 calendar days after the termination or expiry of this
Agreement, a Party fails to recover equipment in good condition
(fair wear and tear excepted) because of the acts or omissions of
the other Party (or a Third Party appearing to have control of a
site where such equipment is situate) the first Party may demand
reasonable compensation from the other Party which shall be paid
by the other Party within 10 calendar days of the date of the
demand.
27.8 Without prejudice to a Party's rights upon termination or expiry
of this Agreement, a Party shall refund to the other a fair and
equitable proportion of those periodic sums (if any) paid under
the Agreement for a period extending beyond the date of such
termination or expiration.
27.9 Termination or expiry of this Agreement shall not be deemed a
waiver of a breach of any term or condition of this Agreement and
shall be without
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prejudice to a Party's rights, liabilities or obligations that
have accrued prior to such termination or expiry.
27.10 Notwithstanding the termination or expiry of this Agreement
paragraphs 10.6, 17.2, 21, 23, 27.6 to 27.11 inclusive shall
continue in full force and effect.
27.11 Each of the Parties' right to terminate or suspend performance of
this Agreement pursuant to this paragraph 27 is without prejudice
to any other rights or remedies available to either Party.
28. NOTICES
28.1 A notice shall be duly served if:
28.1.1 delivered by hand, at the time of actual delivery;
28.1.2 sent by facsimile, upon its receipt being confirmed;
28.1.3 sent by recorded delivery post, 4 calendar days after the
day of posting.
28.2 Except if otherwise specifically provided all notices and other
communications relating to this Agreement shall be in writing and
shall be sent as follows:
If to the Operator:
#[Operator]
If to BT:
Contract Liaison Manager, #[Operator]
PP #
British Telecommunications plc
Xxxxxx Xxxxx
00 Xxxxxxxxxx
Xxxxxx
XX0X 0XX
or to such other addresses as the Parties may notify from time to
time pursuant to this paragraph 28.
29. ENTIRE AGREEMENT
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29.1 This Agreement supersedes all previous understandings,
commitments, agreements or representations whatsoever, whether
oral or written, in relation to the subject matter of this
Agreement.
30. VARIATIONS
30.1 Except as expressly provided in this Agreement, no variation of
this Agreement shall be effective unless agreed in writing by the
Parties and signed by a person nominated in writing on behalf of:
30.1.1 BT, by the director, UK Carrier Services (or his
successor); and
30.1.2 the Operator, by a director or the company secretary (or
equivalent office holder) of the Operator.
31. WAIVER
31.1 The waiver of any breach of, or failure to enforce, any term or
condition of this Agreement shall not be construed as a waiver or
a waiver of any other breach of the same or any other term or
condition of this Agreement. No waiver shall be valid unless it is
in writing and signed on behalf of the Party making the waiver.
32. RESTRICTIVE TRADE PRACTICES
32.1 Notwithstanding any other provision of this Agreement no provision
of this Agreement, by virtue of which this Agreement is subject to
registration (if such be the case) under the Restrictive Trade
Practices Acts 1976 and 1977, shall take effect until the day
after the date on which particulars of the Agreement have been
furnished to the Director General of Fair Trading pursuant to the
requirement of those Acts. In this paragraph the expression "this
Agreement" includes any agreement or arrangement of which this
Agreement forms part and which is registrable, or by virtue of
which this Agreement is registrable, under those Acts.
33. INDEPENDENT CONTRACTORS AND AGENCY
33.1 Each of the Parties is and shall remain at all times an
independent contractor fully responsible for its own acts or
defaults (including those of its employees or agents). Neither
Party is authorised and neither of the Parties nor their
employees, agents or representatives shall at any time attempt to
act or act on behalf of the other Party to bind the other Party in
any manner whatsoever to any obligations. Neither Party nor its
employees, agents or representatives shall engage in any acts
which may lead any person to believe that such Party is an
employee, agent or representative of the other Party. Nothing in
this Agreement shall be deemed to constitute a partnership between
the Parties.
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33.2 If either Party appoints an agent for the purposes of this
Agreement, and notifies the other Party, then the other Party
shall deal with the appointed agent for such purposes until the
first Party notifies the other Party that the appointment has been
terminated.
34. SEVERABILITY
34.1 The invalidity or unenforceability of any provision of the
Agreement shall not affect the validity or enforceability of the
remaining provisions of this Agreement.
35. GOVERNING LAW
35.1 The interpretation, validity and performance of this Agreement
shall be governed in all respects by the laws of England and Wales
and the Parties submit to the exclusive jurisdiction of the
English Courts.
IN WITNESS WHEREOF THIS AGREEMENT was entered into the day and
year first before written.
SIGNED for and on behalf of
#[OPERATOR]
Signed: ______________________________________
Name: ________________________________________
Position: ____________________________________
SIGNED for and on behalf of
BRITISH TELECOMMUNICATIONS plc
Signed: ______________________________________
Name: ________________________________________
Position: ____________________________________
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[BT LOGO and GRAPHIC]
GENERIC
ELECTRICAL & PHYSICAL
INTERFACE SPECIFICATION
FOR CUSTOMER SITED INTERCONNECT
I/C SPECIFICATION 0200
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GENERIC ELECTRICAL & PHYSICAL INTERFACE SPECIFICATION
CONTENTS
1.GENERAL...................................................................................... 34
2. PHYSICAL INTERFACE.......................................................................... 34
3. ELECTRICAL INTERFACE........................................................................ 35
3.1. General Characteristics.......................................................... 35
3.2. Specifications at the output ports............................................... 35
3.3. Specifications at the input ports................................................ 35
3.4. Earthing of screen............................................................... 35
3.4.1. Output Ports.......................................................... 35
3.4.2. Input Ports........................................................... 35
3.5. Interference..................................................................... 35
3.6. Jitter........................................................................... 36
3.6.1. Maximum jitter at output ports........................................ 36
3.6.2. Tolerance of input ports to jitter and wander......................... 36
3.6.3. Measurement of Jitter................................................. 36
3.7. Wander at BT and Operator input ports............................................ 36
4. BT AND OPERATOR NETWORK SYNCHRONISATION..................................................... 36
4.1. General.......................................................................... 36
4.2. Synchronisation requirements for Master/Slave working............................ 39
4.3. Operator wishing to effect their own synchronisation............................. 39
5. FUNCTIONAL CHARACTERISTICS OF THE INTERFACE................................................. 39
5.1. Signalling....................................................................... 39
5.2. Timeslot '0'..................................................................... 40
5.3. Alarm Indication Signal (AIS).................................................... 40
5.4. Channel Time Slot Encoding....................................................... 40
6. SAFETY AND PROTECTION....................................................................... 40
6.1. Dangerous Voltages............................................................... 40
6.2. Radiation Hazards................................................................ 41
7. REFERENCES.................................................................................. 42
8. GLOSSARY.................................................................................... 42
9. HISTORY..................................................................................... 44
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1. GENERAL
This document defines the physical and electrical characteristics of Customer
Sited Interconnect links, between the BT System and the Operator System. All
references to ITU Recommendations refer to the White Book unless otherwise
indicated.
2. PHYSICAL INTERFACE
The interconnection between the BT System and the Operator System shall be
provided by a BT digital path that terminates on a BT Circuit Termination Unit
(CTU) located within the building housing the Operator Switch. The BT CTU will
present a G703 interface on two 75 ohm coaxial cables direct to either the
Operator Switch or an Operator Digital Distribution Frame (DDF) which is
co-located with the Operator Switch. The Point of Connection shall be the 75 ohm
G703 coaxial connector at the BT end of the cables connecting the CTU to the
Operator Switch (or co-located Operator DDF) (See Fig 1). The coaxial cables
connecting the CTU to the Operator Switch shall have a loss not exceeding 6dB at
1024 kHz (see Fig 1).
[FIGURE 1 GRAPHIC OMITTED]
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3. ELECTRICAL INTERFACE
The following section shall apply to a 2Mbit/s interface using the coaxial pair
option of ITU-T Recommendation G.703 (Physical/Electrical Characteristics of
Hierarchical Digital Exchanges).
3.1. GENERAL CHARACTERISTICS
These shall conform with section 6.1 of ITU-T Rec. G703
3.2. SPECIFICATIONS AT THE OUTPUT PORTS
These shall conform with section 6.2 of ITU-T Rec. G.703 (Table 6).
3.3. SPECIFICATIONS AT THE INPUT PORTS
These shall conform with section 6.3 of ITU-T Recommendation G.703.
3.4. EARTHING OF SCREEN
3.4.1.OUTPUT PORTS
At output ports the cable screen shall be bonded to the
equipment metalwork at the equipment boundary or as near as
possible to it.
3.4.2.INPUT PORTS
The input port cable screen shall be earthed via a capacitor
(typically 0.1 (mu)F) to the equipment. Provision shall be
also made at this point for providing a DC connection to
earth. The equipment shall be set-up with the DC earth not
connected, this is illustrated in figure 1. A suitable ferrite
tube ferrule should be threaded onto the cable so as to be
located at a point between the bonding point and the equipment
circuitry
3.5. INTERFERENCE
The input ports shall tolerate, without error, interference from a non
synchronous standard test signal (ITU-T Recommendation 0.151- Error
Performance Measuring Equipment for Digital Systems At The Primary Bit
Rate and Above) at a level 18dB lower than the wanted signal.
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3.6. JITTER
3.6.1. MAXIMUM JITTER AT OUTPUT PORTS
Under worst case operating conditions (i.e. fault
free) the output jitter shall not exceed 0.05 UI when
measured in the frequency range 20 Hz to 100 kHz.
Note:
This assumes that the Operator Switch meets:
1. the input jitter tolerances given in
section 3.6.2.
2. the jitter transfer function given in
Figure 5 of ITU-T Recommendation Q.551
(Transmission Characteristics of Digital
Exchanges).
3.6.2.TOLERANCE OF INPUT PORTS TO JITTER AND WANDER
The tolerance of both the BT and the Operator input
ports to jitter shall be as defined in section 3.1.1
of ITU-T Recommendation G.823 (Jitter And Wander
Tolerance of Digital Input Ports).
3.6.3.MEASUREMENT OF JITTER
A jitter measuring set conforming to the requirements of ITU-T
Recommendation O.171 (Timing Jitter Measuring Equipment for
Digital Systems) shall be used. BT and the Operator shall
co-operate in the application of testing methods as described
in ITU-T Recommendation G.823 (The Control of Jitter and
Wander Within Digital Networks Which Are Based on the 2048
Kbit/s Hierarchy).
3.7. WANDER AT BT AND OPERATOR INPUT PORTS
The tolerance of the BT and Operator input ports to wander shall be as
defined in section 3.1.1 of ITU-T Recommendation G.823.
4. BT AND OPERATOR NETWORK SYNCHRONISATION
4.1. GENERAL
The BT System employs a central master clock to maintain a co-
operatively synchronised system within ITU-T recommended frequency
limits. The synchronisation utilities that co-operate to establish the
synchronous clock rate
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are geographically located to ensure that any point in the BT
System is contained within an 18 microsecond phase deviation
(wander). The Operator System shall conform to the requirements
listed below, which will ensure that Operator Switches are
synchronised to the BT System.
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[GRAPHIC OMITTED]
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4.2. SYNCHRONISATION REQUIREMENTS FOR MASTER/SLAVE WORKING
The BT System and the Operator System shall function synchronously, in
a master/slave relationship. To meet this requirement the Operator
System shall take its timing from BT nominated 2 Mbit/s links carrying
normal traffic between the BT and the Operator Switch Connections. The
synchronisation from BT will be from the highest order timing source
traceable to a G811 quality clock. If the Operator Switch is taking
timing information from the BT System via a 2 Mbit/s link which fails
(i.e. AIS is detected) then it must meet the following requirements:
A. Switching to an alternative 2Mbit/s synchronisation
link, if available.
B. If no synchronisation links are available, entering
holdover mode and keeping within the limits of holdover
operation specified in section 2.2.3 of ITU-T
Recommendation G.812 (Holdover Operation).
4.3. OPERATOR WISHING TO EFFECT THEIR OWN SYNCHRONISATION
Timing information shall be exchanged between the BT System and the
Operator System, for the purpose of minimising timing perturbations in
general and slip rates in particular, drawing for guidance on the
objective characteristics for the performance of digital clocks and of
slip rate given in ITU-T recommendations G.811 and G.822.
5. FUNCTIONAL CHARACTERISTICS OF THE INTERFACE
Functional characteristics of the 2 Mbit/s interface shall be in accordance with
ITU-T Recommendations G.704 (Synchronous Frame Structures used at Primary and
Secondary Hierarchical Levels) and G.706 (Frame Alignment and Cyclic Redundancy
Check (CRC) Procedures Relating To Basic Frame Structures Defined In Rec. G704)
with the following additions and clarification's:
5.1. SIGNALLING
If Time Slot 16 is not required for signalling information, it must not
be used as a traffic carrying channel within the BT System. Signalling
across the interface is not specified in this document.
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5.2. TIMESLOT '0'
Chapter 2.3 of Rec. G.704 (Basic Frame Structure at 2048 Kbit/s)
applies. Bits 4-7 in time slot zero not containing the frame alignment
signal should be set to "1". The use of bit 8 for the return direction
shall be determined by BT at each location. On some systems bit 8 will
be set to "1" in the go and return direction. On other systems when BT
detects one or more errors in the frame alignment word, this bit 8, in
the return TSO "not" word, will be set at a "1" state on two successive
occasions; when no errors are detected bit 8 will be set to the "0"
state. If possible, the Operator Switch should make the same use of
this bit 8, if not it should be tolerant to the sending of bit 8 in the
return direction and set it to "0" in the go direction.
5.3. ALARM INDICATION SIGNAL (AIS)
Under certain fault conditions AIS is used in the BT System. AIS is
indicated by a continuous stream of binary 1's. When transmitted AIS is
controlled by a free running 2048 kbit/s crystal oscillator (accuracy
within +/- 50 ppm).
The strategy for detecting the presence of AIS should be such that AIS
is detectable, even in the presence of an error ratio of 1 in 1000.
However, a signal with all bits except the frame alignment word in the
'1'state, should not be mistaken as an AIS.
5.4. CHANNEL TIME SLOT ENCODING
The 64 kbit/s channel time slots comprising the 2048 kbit/s stream
shall carry 'A' law encoded information as defined in ITU-T
Recommendation G.711 (Pulse Code Modulation (PCM) Of Voice
Frequencies).
The idle channel bit pattern transmitted over the Interconnect Link
shall be compliant with ITU-T Recommendation Q.522 section 2.12 (Bit
Patterns Generated By The Exchange In Idle Channel Time slots).
6. SAFETY AND PROTECTION
6.1. DANGEROUS VOLTAGES
In order to protect personnel and equipment on both sides of a Point Of
Connection, it is necessary to provide protection against the
transmission of excessive voltage across the interface.
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Excessive voltages shall be as defined in BS 6301: 1989. For equipment
which uses or generates excessive voltages the interface shall be
electrically isolated from those voltages. Suitable devices are
described in BS 6301: 1989.
6.2. RADIATION HAZARDS
Where radio equipment is used, arrangements shall be made to protect
all personnel from levels of radiation exceeding 1 milliwatt per square
centimetre.
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7. REFERENCES
ITU-T
G.703 Physical/Electrical Characteristics of Hierarchical
Digital Exchanges
G.704 Synchronous Frame Structures used at Primary and Secondary
Hierarchical Levels.
G.706 Frame Alignment and Cyclic Redundancy Check (CRC)
Procedures Relating To Basic Frame Structures Defined In
Rec. G704
G.711 Pulse Code Modulation (PCM) Of Voice Frequencies.
G.811 International Connections Terminating on Synchronous
Network Nodes
G.812 section 2.2.3 (Holdover Operation).
G.823 The Control of Jitter and Wander Within Digital Networks
Which Are Based on the 2048 KBIT/S Hierarchy
G.823 section 3.1.1 Jitter And Wander Tolerance of Digital Input
Ports
O.151 Error Performance Measuring Equipment for Digital Systems
At The Primary Bit Rate and Above
O.171 Timing Jitter Measuring Equipment for Digital Systems
Q.522 Section 2.12 Bit Patterns Generated By The Exchange In
Idle Channel Time slots
Q.551 Transmission Characteristics of Digital Exchanges
BS6301 1989. Safety Requirements for Apparatus for Connection to
British Telecommunication Networks
8. GLOSSARY
(micron)F - Micro Farad
(micron)s - Microsecond
2Mbit/s - 2048Kbit/s
AIS - Alarm Indications Signal
BS - British Standard
CTU - Circuit Terminating Unit.
dB - Decibel
DC - Direct Current
DDF - Digital Distribution Frame
ITU-T - International Telecommunication Union - Telecommunications
Kbit/s - KiloBits per second
kHz - Kilo Hertz
Mbit/s - Megabits per second
ppm - Parts per million
UI - Unit Interval
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9. HISTORY
Issue 1 January 1994
Issue 2 draft 1 June 1994
Issue 2 July 1994
Issue A August 1994
Issue B Sept 1994
Issue C January 1996
END OF SPECIFICATION
BT Networks and Systems
Interconnect Standards
PP 311 Angel Centre
000 Xx Xxxx Xx
Xxxxxx
XX0X 0XX
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[BT LOGO and GRAPHIC]
GENERIC
C7 SIGNALLING
INTERFACE SPECIFICATION
I/C SPECIFICATION 0300
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GENERIC C7 SIGNALLING INTERFACE SPECIFICATION
1. BACKGROUND
The C7 signalling interface between BT and the Operator Systems shall
be as defined in the Public Network Operator - Interconnect Standards
Committee - (PNO-ISC) specifications of the Network Interfaces
Co-ordination Committee - (NICC). ISC specifications 5 and 6 form the
basis for the Generic C7 Signalling Interface Specification
The Operator shall provide a compliance statement for each
specification shown in the table below. The compliance statements shall
be discussed by BT and the Operator and when agreed shall confirm that
the Operator Exchange type and build is suitable for interconnection of
the BT and Operator Systems.
2. REQUIREMENTS FOR COMPLIANCE STATEMENTS
-----------------------------------------------------------------------------------------------------------
ISC SPECIFICATION DESCRIPTION COMPLIANCE STATEMENT REQUIREMENTS
FROM OPERATOR
-----------------------------------------------------------------------------------------------------------
ISC 5 Message Transfer Part (MTP) Define features relevant to Calls
and services set out in this
agreement.
-----------------------------------------------------------------------------------------------------------
ISC 6 Section 2 and 3 IUP. Library of messages, codes Statement for Calls and services
and common procedures
-----------------------------------------------------------------------------------------------------------
ISC 6 Section 4 onwards IUP. Message sequence diagrams and Statement for Calls and services.
descriptions for basic and
supplementary services.
-----------------------------------------------------------------------------------------------------------
Some ISC specifications await ratification by NICC. Prior to such
ratification, ISC CPs and equivalent documents may be used (An example
is PNO-ISC CP001). Once the ISC specifications are ratified by NICC
they shall take precedence.
3. INTERCONNECT TO BT ISC
The statements given above on C7 IUP also apply when an Operator
interconnects to a BT ISC. For interconnect to a BT ISC using Telephony
User
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Part - TUP the signalling interface shall comply with CCITT recs.
Q.701 to Q.708, Q.723 and Q.724.
4. GLOSSARY
NICC: The Network Interfaces Co-ordination Committee set up by OFTEL
comprising members of industry for the purpose of advising the Director
General on interfaces for interconnection between licensed operators.
PNO-ISC: Public Network Operators - Interconnect Standards Committee.
Secretariat:-
Network Interfaces Co-ordination Committee ISC Secretariat
Mercury House
Waterside Park
Longshot Lane
Bracknell Berkshire
CCITT: The International Telegraph and Telephone Consultative Committee
is now succeeded by the ITU(T) and (R) International Telecommunications
Union (Telecommunications) and (Radio).
5. HISTORY
Issue 1.0 January 1994
Issue 1.1 February 1994
Issue 1.2 April 1994 Issue
Issue A August 1994
Issue B August 1994
Issue C January 1996
BT Networks and Systems
Interconnect Standards
PP 311 Angel Centre
000 Xx Xxxx Xx
Xxxxxx XX0X 0XX
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[BT LOGO and GRAPHIC]
GENERIC
TRANSMISSION
INTERFACE SPECIFICATION
I/C SPECIFICATION 0100
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GENERIC TRANSMISSION INTERFACE SPECIFICATION
CONTENTS:
1. GENERAL....................................................................................... 50
2. RESPONSIBILITIES.............................................................................. 50
3. RELEVANT PARAMETERS........................................................................... 51
4. OVERALL TRANSMISSION LOSS..................................................................... 51
4.1 Loudness Rating(LR).................................................................. 51
5. APPORTIONMENT OF OVERALL LOUDNESS RATING (OLR)................................................ 51
5.1 End to End Requirements.............................................................. 51
5.2 GSM/PCN Loudness Control............................................................. 52
5.3 RLR And Receive GSM Volume Control................................................... 52
6. TRANSMISSION TIME............................................................................. 52
6.1 Transmission Delays Within The Fixed Network - Without echo
control.................................................................................. 52
6.2 Preferred Apportionment Of Transmission delay........................................ 53
6.3 Calls that involve an International Gateway.......................................... 53
6.4 Maximum delay under route failure conditions......................................... 53
6.5 Transmission Delays Within The Fixed Network - With echo
control.................................................................................. 53
6.6 Transmission Delays Involving Digital Mobile/Wireless Access......................... 54
6.6.1 Transmission Delays Between Digital Mobile/wireless
access and the Fixed Network - With echo control................................ 54
6.6.2 Transmission Delays Within Digital Mobile/wireless
access Networks - With echo control............................................. 54
6.7 Transmission Delays On International Calls - With echo control....................... 54
7. ECHO LOSS..................................................................................... 54
7.1 GSM/PCN Echo Loss.................................................................... 56
7.2 Echo Control - International Conformance............................................. 56
7.3 Echo Control - GSM................................................................... 56
8. STABILITY LOSS................................................................................ 56
9. QUANTISING DISTORTION......................................................................... 57
9.1 Fixed Network Limits................................................................. 57
9.2 Mobile Network limits................................................................ 57
10. CODING STANDARDS.............................................................................. 57
11. NOISE......................................................................................... 58
12. ATTENUATION DISTORTION........................................................................ 58
13. GROUP DELAY DISTORTION........................................................................ 58
13.1 Sidetone Masking Rating - Normal Telephony Customer to BT
PSTN..................................................................................... 58
13.2 Sidetone Masking Rating BT PSTN to GSM/PCN.......................................... 59
14. ERROR PERFORMANCE............................................................................. 59
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15. NON SPEECH LEVELS............................................................................. 59
16. GSM/PCN HEADSET AND HANDSET SENSITIVITY/FREQUENCY
CHARACTERISTICS............................................................................... 59
17. REFERENCES.................................................................................... 60
18. HISTORY....................................................................................... 61
GENERAL
This Specification sets out the transmission requirements and objectives to be
met by BT and the Operator for the interconnection of the BT and Operator
Systems. The requirements are based on the relevant International
Telecommunications Union (ITU), European Telecommunications Standards Institute
(ETSI) and Public Network Operator - Interest Group (PNO-IG) Recommendations.
References to Global Systems Mobile / Personal Communications Networks (GSM/PCN)
are based upon ETSI/ GSM recommendation. 3.5 phase 1. This recommendation is
currently under review and will be updated to ETSI 300 540 GSM Phase 2.
End to end requirements involve the performance of Customer equipment which is
outside BT and the Operators controls.
Customer networks as referred to throughout this document typically consist of
at least one item of Customer Premises Equipment (CPE) situated beyond the
Network Terminating Point (NTP).
Where this Specification sets out matters that the Parties endeavour to agree,
and agreement is not reached, such matters shall be disputes.
RESPONSIBILITIES
The responsibility for overall transmission quality is held by the Party
selected by the Customer to carry the Call. If the Call is an indirect access
Call then the indirect access Operator is responsible for the end to end quality
of the Call.
If the overall transmission quality for a Call cannot be met because either
Party is unable to comply with the reasonable requests of the other Party, then
neither Party will be obliged to convey the Call.
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RELEVANT PARAMETERS
Overall performance is affected by the following parameters:
Overall loss
Transmission Time (Absolute delay and propagation delay)
Echo and Stability
Quantising distortion
Coding standards
Attenuation distortion
Group delay distortion
Sidetone loss
Crosstalk
Errors
Jitter and Wander
BT and the Operator shall endeavour to achieve the requirements and objectives
for overall loss, delay, echo loss, quantising distortion, and coding standards
given in sections 4 to 10 inclusive. BT and the Operator shall each plan in
accordance with the guidance given for the remaining parameters listed above.
It should be noted that for some parameters the CPE may have a significant
effect on the end to end performance.
OVERALL TRANSMISSION LOSS
LOUDNESS RATING (LR)
The limits for overall loss expressed in terms of Loudness Ratings (LR)
are defined in ITU-T Recommendation P. 76 (Blue book November 1989).
APPORTIONMENT OF OVERALL LOUDNESS RATING (OLR)
END TO END REQUIREMENTS
BT and the Operator shall endeavour to:
a) Provide connections which fall within the ITU-T G111 recommended OLR
range of 8dB to 20dB for all analogue or mixed analogue/digital
routings. For all digital routings the mean value for OLR shall be in
the range 8dB to 12dB.
b) avoid connections which exceed the ITU-T Recommended limiting OLR
value of 29dB
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C) minimise the range of different Transmission levels experienced by
any one Customer.
GSM/PCN LOUDNESS CONTROL
Cellular network operators may utilise digital level control in the
mobile switched network to control Send Loudness Rating (SLR) and
Receive Loudness Rating (RLR). values.
.
RLR AND RECEIVE GSM VOLUME CONTROL
The use of any Customer controlled receive volume control shall not
decrease (i.e. make more sensitive) the RLR, by more than 10 dB for
planning purposes.
TRANSMISSION TIME
TRANSMISSION DELAYS WITHIN THE FIXED NETWORK - WITHOUT ECHO CONTROL
For UK Calls not employing echo control, the NTP - NTP one way delay
shall be less than 13 ms for at least 95% (See (1)) of Calls. Assuming
that Customer network delays at each end of the Call do not exceed 5
ms, then the total end to end delay shall be less than 23 ms.
For the small proportion of Calls that exceed the 13ms limit, an
absolute limit of 25ms excluding Customer networks shall be observed.
Previous investigations have identified that customers may find such
Calls to be unacceptable since Customer network delays could increase
the end to end delay to over 30ms.
--------
(1) The 95% limits in 0, 0, 0, 0, 0 & 0 shall be implemented such that the
possibility of individual Customers always encountering unacceptable performance
is minimised.
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PREFERRED APPORTIONMENT OF TRANSMISSION DELAY
[GRAPHIC OMITTED]
The apportionment principles presented in Figure 1 ensure that BT or Operator
Customers experience acceptable levels of transmission delay. Any
reapportionment of the segment boundaries (Collection, Transport and Delivery)
shall be subject to joint agreement.
CALLS THAT INVOLVE AN INTERNATIONAL GATEWAY
For International Calls the one way delay from the NTP to the
International Switching Centre (ISC) shall be no greater than 7 ms for
95% of Calls, with an absolute limit of 12 ms.
MAXIMUM DELAY UNDER ROUTE FAILURE CONDITIONS.
In situations where Calls have to be re-routed around failed sections
of the BT or Operator Network, it is acceptable for the proportion of
Calls meeting recommended delay limits to fall below 95%, however the
absolute limits given above shall not be exceeded.
TRANSMISSION DELAYS WITHIN THE FIXED NETWORK - WITH ECHO CONTROL
Where echo control is provided over the fixed network, the one-way
delay limit for at least 95% of national Calls shall be less than 125
ms. No Calls shall exceed the absolute one-way delay limit of 150 ms.
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TRANSMISSION DELAYS INVOLVING DIGITAL MOBILE/WIRELESS ACCESS
TRANSMISSION DELAYS BETWEEN DIGITAL MOBILE/WIRELESS ACCESS AND
THE FIXED NETWORK - WITH ECHO CONTROL
The one way delay limit for at least 95% of Calls between mobiles
on digital networks or wireless access networks and the fixed
network shall be less than 125 ms. No Calls shall exceed the
absolute one-way delay limit of 150 ms.
TRANSMISSION DELAYS WITHIN DIGITAL MOBILE/WIRELESS ACCESS
NETWORKS - WITH ECHO CONTROL.
The one way delay limit for at least 95% of Calls between mobiles
on digital networks or wireless access networks within the UK
shall be less than 215 ms. No connection shall exceed 230 ms one
way delay.
TRANSMISSION DELAYS ON INTERNATIONAL CALLS - WITH ECHO CONTROL.
The maximum one way delay for an International Call using echo control
will depend upon the nature of the destination network e.g. fixed,
digital mobile or wireless access and the transmission media e.g.
satellite or cable.
International Calls using echo control should not exceed 400 ms, it is
however recognised that under cable circuit failure/congestion
conditions, satellite backup circuits may not meet this requirement.
ECHO LOSS
BT and the Operators shall seek to meet the design objective for echo loss (as
defined in ITU-T Recommendation G122) presented at the Switch Connection with
equal relative levels for both directions of transmission of 20dB, with no
connections being less than 15dB for practical implementation.
CPE connected via a 2-wire interface can have significant effect on echo losses.
For planning purposes BT and the Operator shall assume that CPE will present an
impedance of 600 ohms or the network shown in fig 5 of BS6305 at the 2 wire NTP.
CPE and Customer networks are likely to determine the largest part of echo
losses in the case of 4-wire connection to the BT and the Operator Systems. For
planning purposes BT and the Operator shall assume that the CPE meets the 20dB
echo loss objectives given in the Oftel Network Code of Practice (for the Design
of Private Telecommunications Networks) - NCOP.
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GSM/PCN ECHO LOSS
The echo loss under operational conditions for a GSM/PCN based system
shall be at least 46 dB referred to the Switch Connection with any
Customer volume control set to its maximum output (i.e. loudest)
position. ETSI/GSM 03.50/1 Section 3.4.1 provides further information
related to echo loss. ITU-T Recommendation G165 provides guidance for
the performance of echo control devices when switched into a
connection. ITU-T Recommendations G151 and G473 refer.
ECHO CONTROL - INTERNATIONAL CONFORMANCE
Echo control devices for international connections to and from BT shall
conform to ITU-T. Rec.G.165 on echo cancellers.
ECHO CONTROL - GSM
The GSM/PCN system shall provide echo protection as stated in ETSI/GSM
03.50/1 Section 3.4.2.
STABILITY LOSS
For International Calls and National Calls stability loss considerations shall
be satisfied by the following requirement.
The loss presented at the Switch Connection with equal relative levels for both
directions of transmission shall not be less than 6dB at any frequency up to
4kHz. Account shall be taken of all conditions presented at the Switch
Connection under normal operating conditions and any customer volume controls
should be at maximum output.
CPE connected via a 2-wire interface may have a significant effect on stability
loss. For planning purposes BT and the Operator shall assume the CPE may present
either open circuit or short circuit conditions at a 2-wire NTP.
CPE and Customer networks are likely to largely determine the stability losses
in the case of 4-wire connection to the BT and the Operator Systems. For
planning purposes BT and the Operator shall assume that the CPE meets the 6dB
stability loss requirement given in the NCOP.
It is recognised by the Parties that stability losses of less than 6 dB could
cause oscillation.
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QUANTISING DISTORTION
FIXED NETWORK LIMITS
In order to meet international and UK requirements the following limits
for quantising distortion units (qdu) shall be met:
A1) Max end to end International 14 qdu
B1) Public network collection (access network) 5 qdu
C1) National transport/Trunk Network 0 qdu
D1) Public network delivery (access network) 5 qdu
MOBILE NETWORK LIMITS
D2) Max end to end International 18 qdu
A2) Collection (access network) 7 qdu
B2) National transport/Trunk Network 0 qdu
C2) Delivery (access network) 7 qdu
For planning purposes BT and the Operator shall assume that Customer
networks do not introduce more that 2 qdu.
CODING STANDARDS
At a digital interface it is a requirement that analogue information shall be
encoded using the 0xxx, X-xxx characteristic in accordance with ITU-T
Recommendation G711 such that a 64kbit/s time slot at the Switch Connection can
be decoded using a 8 bit, A-law decoder.
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NOISE
The limits for single tone or narrow band noise shall be more stringent than the
limits for wideband noise to avoid Customer annoyance. As a general rule, the
power in any individual tone should be 10dB less than the psophemetric noise
power in the circuit (ITU-T Recommendation P11).
The following ITU-T recommendations shall be complied with to give appropriate
limits.
Digital Exchanges - Recommendations Q.551 and Q.554
PCM line systems - Recommendation G.712
GSM/PCN systems - ETSI/GSM 3.50/1 section 3.2
The limits in Recommendation G.123 are of particular importance as they control
the level of noise on International Calls.
ATTENUATION DISTORTION
In order to adequately control attenuation distortion each component of the
connection shall have a suitable distortion limit. The following ITU-T
Recommendations apply.
Digital Exchanges - Recommendations Q.551 and Q.554
Digital Line Systems - Recommendation G.712
GROUP DELAY DISTORTION
The following ITU-T Recommendations give suitable limits for the group delay
distortion introduced by line transmission systems and coding processes in
digital exchanges:
Digital Exchanges - Recommendations Q.551 and Q.554
Digital Line Systems - Recommendation G.712
SIDETONE MASKING RATING - NORMAL TELEPHONY CUSTOMER TO BT PSTN.
The Sidetone Masking Rating (STMR) for telephony CPE connected to a BT
Network Terminating Point shall nominally be taken as 7 dB for planning
purposes.
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SIDETONE MASKING RATING BT PSTN TO GSM/PCN
The Sidetone Masking Rating (STMR) for telephony CPE allowing users to
gain access through the GSM system shall be nominally taken as outlined
in ETSI/GSM 03.50/1 for STMR and LSTR.
ERROR PERFORMANCE
Error performance of digital networks is of key importance as it determines the
end to end performance of both end to end digital services and analogue services
supported by the BT and Operator Systems.
The allocation principles of Recommendation G. 821 shall be used when
determining the error for individual transmission systems.
NON SPEECH LEVELS
The use of any non-speech signals within an established Call, or during the
phase of Call set-up or clear down, for such purposes as signalling (e.g. DTMF)
shall comply with the principles set in Section 4 of BS6305 : 1992, that have
been based upon a 0 dBr interface.
Interfaces that are not taken as a 0 dBr point shall be planned as if they were
a 0 dBr for purposes of realising interconnection between the BT System and a
PCN/ GSM System.
GSM/PCN HEADSET AND HANDSET SENSITIVITY/FREQUENCY CHARACTERISTICS
The GSM/PCN system shall provide a performance in accordance with Section 3.8 of
ETSI/GSM Recommendation 03.50/1.
--------------------------------------------------------------------------------
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REFERENCES
ITU-T RECOMMENDATIONS
G.111 Loudness Ratings in an International Connection
G.122 Influence Of National Systems On Stability, Talker Echo and
Listener Echo In International Connections
G.123 Circuit Noise In National Circuits
G.151 General performance objectives applicable to all modern Internat
ional and National extension circuits.
G165 Echo cancellers
G473 Interconnect of a Maritime Mobile satellite system with the
International automatic switched telephone service: Transmission
aspects
G.711 Pulse code modulation (PCM) of voice frequencies.
G.712 Performance characteristics of PCM channels between 4-wire
interfaces at voice frequencies.
G.821 Error performance of an International digital connection forming
part of an integrated services digital network.
P.11 Effect Of Transmission Impairments
P.16 Subjective effects of direct crosstalk; Thresholds of audibility
and intelligibility
P.76 Determination of Loudness rating; Fundamental principles
Q.551 Transmission characteristics of digital exchanges.
Q.554 Transmission characteristics at digital interfaces of a digital
Exchange.
BS SPECIFICATIONS
BS 6305
NCOP - OFTEL Network Code Of Practice for the design of Private
Telecommunications Networks
ETSI SPECIFICATIONS
ETSI/GSM Recommendation 03.50
--------------------------------------------------------------------------------
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HISTORY
ISSUE 1.0 JANUARY 1994
ISSUE 1.1 FEBRUARY 1994
ISSUE 2 DRAFT 1 JUNE 1994
ISSUE 2 JULY 1994
ISSUE 2.1 7 JULY 1994
ISSUE A AUGUST 1994
ISSUE B AUGUST 1994
ISSUE C JANUARY 1996
END OF SPECIFICATION
BT Interconnect Standards
PP 311, Angel Centre
000 Xx Xxxx Xx
Xxxxxx
XX0X 0XX
--------------------------------------------------------------------------------
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[BT LOGO and GRAPHIC]
GENERIC
SYNCHRONOUS DIGITAL HIERARCHY
INTERFACE SPECIFICATION
I/C SPECIFICATION 0120
-------------------------------------------------------------------------------
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GENERIC SYNCHRONOUS DIGITAL HIERARCHY INTERFACE
SPECIFICATION
INTERCONNECT REQUIREMENTS
The Synchronous Digital Hierarchy interface between the BT and Operator
Systems shall be as defined in the "Technical Recommendation" agreed in
the Public Network Operator - Committee for SDH Interconnect PNO-CSI
(The PNO-CSI is a sub committee of the NICC - PNO-IG Network
Interoperability Consultative Committee, Public Network Operators
Group).
The Operator shall provide a suitable compliance statement against the
above Technical Recommendation. This compliance statement shall be
discussed by BT and the Operator and when agreed shall confirm that the
SDH system is suitable for interconnection of the BT and Operator
Systems.
FUNCTIONAL CHARACTERISTICS OF THE 2 MBIT/S INTERFACE
The functional characteristics of the 2 Mbit/s interface shall be as
specified in the BT Generic Electrical and Physical Interface
Specification.
REQUIREMENTS FOR COMPLIANCE STATEMENT
--------------------------------------------------------- --------------------------------------------------
SPECIFICATION DESCRIPTION
--------------------------------------------------------- --------------------------------------------------
SDH interconnect between UK Licensed Operators - Defines interworking requirements at the Point of
Technical Recommendation Connection for all SDH network layers
--------------------------------------------------------- --------------------------------------------------
Electrical and Physical Specification Section 5 functional characteristics of the
2Mbit/s interface.
--------------------------------------------------------- --------------------------------------------------
Copies of the PNO-IG SDH Technical Recommendation are available from
NICC to members.
HISTORY
Issue D January 1996
BT Interconnect Standards
PP 311, Angel Centre
000 Xx Xxxx Xx, Xxxxxx
Xxxxxx XX0X 0XX
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ANNEX A
PLANNING AND OPERATIONS
INDEX
A1 Definitions
A2 General
A3 Network Information
A4 Location of Switch Connections
A5 Routing Principles
A6 ISI Interconnect Link Architecture
A7 Capacity Provision
A8 Traffic Forecasts
A9 Capacity Profiles and Advance Capacity Orders
A10 Capacity Orders and Testing
A11 Capacity Order Timescales
A12 Numbering
A13 Technical Review Meetings
A14 Switch Testing
A15 Transmission and Signalling
A16 Performance Standards
A17 Operations
A18 Services
APPENDICES
A BT/Operator Network Information
B BT/Operator Interconnect Information
C Commercial
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1. DEFINITIONS
1.1 In this Annex, the Appendices and tables a reference to a paragraph or
Appendix, unless stated otherwise is to a paragraph or appendix of this
Annex. Words, abbreviations and expressions have the meanings given in
Annex D.
2. GENERAL
2.1 This Annex details the planning and operational principles for
conveying Calls between the BT System and the Operator System and
provides the technical basis for the Specifications and for the
Manuals. The Specifications define the characteristics of the interface
between the BT System and the Operator System. The Manuals provide
procedures for the provision and rearrangement of Capacity
(Provisioning Manual), testing (Testing Manual) and operations and
maintenance (Operations and Maintenance Manual).
2.2 This Annex contains provisions on the planning and operation of
services provided under this Agreement. The details of the interconnect
between the Parties' Systems and the plans for future developments
relating to interconnect shall be recorded in the Technical Master
Plan. The Customer Service Plan shall contain details of the points of
contact within the Operator's and BT's organisation. The Parties shall
endeavour to keep these documents up to date.
3. NETWORK INFORMATION
3.1 Insofar as not previously provided, each Party shall provide to the
other the information listed in Appendix A as soon as reasonably
practicable and in any event not more than 20 Working Days from the
date of this Agreement.
3.2 In addition to the requirements set out in paragraph 4 of the main body
of this Agreement, each Party will provide to the other information on
any proposed introduction, closure, replacement or modification to any
Switch referred to in paragraph 3.1 and where relevant, adjustments to
the Number Ranges supported by such Switches as soon as practicable
and, in any event, at not less than 4 months prior to the
implementation.
3.3 Each Party will provide to the other, on request, information on the
availability (or otherwise) of sufficient transmission capacity at any
BT or Operator building for establishing IECs from that location.
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4. LOCATION OF SWITCH CONNECTIONS
4.1 BT SWITCH CONNECTIONS
4.1.1 The Operator shall nominate by written notice to BT, the BT
Switch Connections at the following BT Exchanges identified
in accordance with paragraph 3.1 (where the Operator wishes
to handover Calls from the Operator System to the BT System):
(a) Any BT Tandem Exchange;
(b) Any BT DLTE;
(c) Any BT DLE;
(d) Any BT ISC.
4.1.2 BT shall nominate by written notice to the Operator, BT
Switch Connections where BT wishes to handover Calls (for
which BT has responsibility in accordance with paragraph
5.1.3) from the BT System to the Operator System.
4.1.3 The Operator shall nominate by written notice to BT, BT
Switch Connections where the Operator wishes Calls (for which
the Operator has responsibility pursuant to paragraph 5.1.3)
to be handed over from the BT System to the Operator System.
4.2 OPERATOR SWITCH CONNECTIONS
4.2.1 BT shall nominate by written notice to the Operator, Operator
Switch Connections at an Operator Exchange identified in
accordance with paragraph 3.1 at which BT wishes to handover
Calls from the BT System to the Operator System.
4.2.2 The Operator shall nominate by written notice to BT, Operator
Switch Connections at which the Operator wishes to handover
Calls (for which the Operator has responsibility in
accordance with paragraph 5.1.3) from the Operator System to
the BT System.
4.2.3 BT shall nominate by written notice to the Operator, Operator
Switch Connections where BT wishes Calls (for which BT has
responsibility pursuant to paragraph 5.1.3) to be handed over
from the Operator System to the BT System.
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4.3 AGREEMENT OF SWITCH CONNECTIONS
4.3.1 The Parties shall endeavour to agree which Switch Connections
shall be used for the conveyance of Calls between the
Parties. In the event that agreement cannot be reached either
Party may notify the other in writing of a Dispute
5. ROUTING PRINCIPLES
5.1 RESPONSIBILITIES
5.1.1 Each Party shall route the other Party's traffic in
accordance with the following routing principles:
(a) routing within a Party's System shall be equivalent
to the routing of similar types of traffic for the
generality of such Party's Customers including
alternative routing where appropriate;
(b) insofar as practicable routing shall avoid analogue
routing within a Party's own System. The Parties
acknowledge that some International Calls and Calls
to or from Third Party's systems may involve analogue
routing.
5.1.2 The Parties shall develop and apply network traffic
management strategies and procedures to maintain customer
service quality and to protect the Parties' Systems as are
appropriate. Full details of the network traffic management
provisions are set out in the Operations and Maintenance
Manual. These shall include:
(a) designation of specific Traffic Routes to restore
service if a route loss occurs;
(b) establishment of overflow procedures if there is
route congestion;
(c) establishment of special procedures for busy circuits
enabling either diversion of a Call to a different
routing or diversion to an agreed tone or message.
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5.1.3 The responsibilities for Traffic Types are set out in Table A
below. The responsibilities include choice of Switch
Connections, provision of Traffic Forecasts, provision of
Capacity Profiles and placing of Capacity Orders.
TABLE A
------------------------------------ -----------------------------------------
TRAFFIC TYPE PARTY HAVING THE RESPONSIBILITIES SET OUT
IN PARAGRAPH 5.1.3
------------------------------------ -----------------------------------------
Calls to geographic telephone
numbers
BT to Operator BT
Operator to BT Operator
------------------------------------ -----------------------------------------
Calls to non-geographic telephone
numbers
BT to Operator BT
Operator to BT Operator
------------------------------------ -----------------------------------------
International Calls
BT to Operator to overseas BT
Operator to BT to overseas Operator
------------------------------------ -----------------------------------------
Transit Calls
BT to Operator to transit
destination BT
Operator to BT to transit
destination Operator
------------------------------------ -----------------------------------------
Number Translation Services Calls
BT to Operator
Operator to BT BT
Operator
------------------------------------ -----------------------------------------
Indirect Access Calls
BT to Operator Operator
Operator to BT BT
------------------------------------ -----------------------------------------
BT Operator services calls
Operator to BT Operator
------------------------------------ -----------------------------------------
Emergency Calls
Operator to BT Operator
------------------------------------ -----------------------------------------
5.1.4 Each Party shall ensure that a Route Type is provided on each
Interconnect Link for the conveyance of Traffic Types for
which that Party has responsibility in accordance with
paragraph 5.1.3. Where a Party wishes to segregate its
traffic into different Traffic Types it may order additional
Route Types in accordance with Schedule 01 or 130 as
appropriate. Where a Traffic Route is used for the conveyance
of Calls for both Parties in accordance with the provisions
of paragraph 5.2.8(2), a single Route Type may be used.
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5.2 INTERCONNECT TRAFFIC ROUTE STRUCTURE
5.2.1 Subject to the provisions of paragraph 5.2.6 the Parties shall
establish Interconnect Links to convey Calls between the BT
System and the Operator System on Traffic Routes between each
Operator Switch Connection and at least one BT DMSU. For
Operators with geographic Number Ranges, such BT DMSU (except
in the geographic area served by the 0171 and/or 0181 Director
Area Numbers):
(1) is a Parent BT Exchange for BT DLEs supporting Number
Ranges for geographic NNGs shared between BT and the
Operator; or
(2) is a Parent BT Exchange for BT DLEs supporting Number
Ranges for geographic NNGs serving the same
geographic area as geographic NNGs used by the
Operator and any Third Party Operator.
5.2.2 Subject to the provisions of paragraph 5.2.3, if the Operator
uses Number Ranges in the geographic area served by the 0171
and/or 0181 Director Area Numbers and the adjacent BT Charge
Groups, Traffic Routes shall be provided between each Operator
Switch Connection supporting number ranges in such geographic
area (served by the 0171 and/or 0181 Director Area Number or
the adjacent BT Charge Groups) and at least one BT DJSU.
5.2.3 If the Operator delivers traffic to a BT Switch Connection at:
(a) a single BT DMSU; or
(b) a BT DMSU and a single BT DJSU;
and if BT chooses to deliver traffic from more than one BT
Switch Connection to the Operator System, then the relevant
Interconnect Link shall be for BT's exclusive use and provided
at BT's expense.
5.2.4 If the Operator wishes to provide Traffic Routes to more than
one BT DJSU, the Parties shall agree the combination of DJSUs
and the Traffic Streams to be routed through them. Under
normal operations alternative routing of traffic between the
Traffic Routes described in paragraphs 5.2.1 and 5.2.2 will
not be available.
5.2.5 The Operator may choose to deliver International Calls
(excluding those to Republic of Ireland) to the BT System to
one or more BT ISC.
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5.2.6. Notwithstanding the provisions of paragraph 5.2.1 if the
Operator wishes to deliver only International Calls to the BT
System (for conveyance to Authorised Overseas Systems other
than the Republic of Ireland) the Operator may choose to
deliver International Calls to one or more BT ISCs only.
5.2.7 If the Parties fail to agree the BT Tandem Exchanges or the BT
ISC referred to in this paragraph 5.2 then either Party may
notify the other in writing of a Dispute.
5.2.8 Interconnect Links shall have Traffic Routes such that:
(1) for ISI, Traffic Routes shall be established to
convey only those Traffic Types for which a Party has
responsibility in accordance with paragraph 5.1.3;
and
(2) for Customer Sited Interconnect, Traffic Routes shall
be established, either:
a) in accordance with the provisions for ISI
set out in (1) above; or
b) for all Traffic Types.
5.2.9 Traffic Routes will be supported by not less than one
Signalling Link Set, except for Traffic Routes to a BT ISC
where the Operator has Interconnect Links to more than one BT
ISC and uses C 7 (TUP) signalling.
5.2.10 The Party whose Switch Connection conveys the relevant Calls
to the other's System shall assign Traffic Streams (identified
by destination) to a particular Traffic Route. BT and the
Operator shall, subject to paragraph 5.4 below, advise each
other which Traffic Streams are assigned to which Traffic
Route. Unless otherwise agreed, each Party shall use its
reasonable endeavours to ensure that traffic is directed in
accordance with the advice given to the other. Traffic so
routed is primary traffic as described in paragraph 5.4.
5.2.11 Where there is a Traffic Route to or from a Switch Connection
and notification has been given by either Party that the
relevant Switch Connection is to be removed then no additional
Capacity shall be provided on that Traffic Route save that
agreed in the Advance Capacity Order current on the date when
notification was given.
5.2.12 If BT conveys Emergency Calls from the Operator System BT
shall allocate the same priority to Emergency Calls handed
over from the
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Operator System as it provides to Emergency Calls from BT
Customers.
5.2.13 A BT DLE is available solely for the delivery or collection of
Calls to or from the Number Ranges served by that BT DLE. A BT
DLTE is available for the delivery or collection of Calls to
or from Number Ranges served by that BT DLTE and by BT DLEs
directly connected to that BT DLTE.
5.2.14 All Calls to BT Number Translation Services shall be handed
over at BT DMSUs.
5.2.15 All International Calls sent via the BT System shall be handed
over at either BT DMSUs or BT ISCs and comply with the
provisions of paragraph 5.6.
5.3 INTERCONNECT TRAFFIC ROUTE DIMENSIONING
5.3.1 Except as described in paragraphs 5.4.2 and 5.4.3 whereby two
Traffic Routes may in combination provide the Fully Provided
Capacity for a single Traffic Stream, Traffic Routes shall be
Fully Provided to carry only the traffic for which Capacity
has been ordered in accordance with this Annex and such
Traffic Routes shall be operational at no worse than the
required grade of service.
5.3.2 Where Traffic Route is used for the conveyance of Traffic for
both Parties, the forecast requirement of Capacity shall be
based upon the route busyhour. The forecasts shall be based
upon a proposed grade of service of better than 0.008 subject
to the route dimensioning giving a grade of service of better
than 0.02 at 10 per cent traffic overload and better than 0.05
at 20 per cent traffic overload, unless the Parties agree
otherwise.
5.4 INTERCONNECT ROUTING RULES
5.4.1 Traffic other than primary traffic shall be identified as
overflow traffic. Overflow traffic has a lower priority than
primary traffic. However:
(a) overflow traffic from the Operator System which has
overflowed because of a physical or operational
failure of the BT System shall be given the same
priority by BT as primary traffic;
(b) overflow traffic from the BT System which has
overflowed because of a physical or operational
failure of the Operator System shall be given the
same priority by the Operator as primary traffic; and
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(c) when a Call (which was part of the overflow traffic)
is switched and the Call has seized a circuit on a
Traffic Route, such Call shall lose the overflow
categorisation and be treated in the same manner as
the other traffic on that Traffic Route.
5.4.2 Operator to BT Traffic
(1) The Operator may convey an entire Traffic Stream in
one Traffic Route to one BT Switch Connection. These
Calls shall be primary traffic.
(2) The Operator may overflow a Traffic Stream to a BT
Tandem Exchange provided that the Operator has a
Traffic Route to that Switch. These Calls shall be
overflow traffic.
(3) For Calls conveyed on the Operator's written request
to BT DMSU, BT DLTEs or BT DLEs BT shall arrange with
the Operator for dual paths to be provided within the
BT System. The design objective will be to split the
Traffic Stream between two Traffic Routes in the
ratio 1:1, with a maximum variation of + or - 1/3.
These Traffic Routes shall be dimensioned to convey
the expected Traffic Streams at the required grade of
service. Calls may be initially offered to one
Traffic Route or the other, with traffic re-routing
to one Traffic Route or the other.
(4) For Calls conveyed on the Operator's written request
to BT DJSUs, BT shall arrange with the Operator for
dual paths to be provided within the BT System,
subject to the Parties agreeing the split of the
traffic between any Traffic Routes. If the Parties
fail to agree the traffic split, then either Party
may notify the other in writing of a Dispute.
(5) Any such arrangement shall provide for traffic
carried on the planned routings in accordance with
the planned traffic split to be primary traffic, with
all traffic on a routing outside the permitted split
as overflow traffic.
(6) The Operator may choose between the following routing
arrangements:
1st choice to planned route - primary traffic
2nd choice to unplanned route - overflow traffic
or
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1st choice to planned route - primary traffic
2nd choice to planned route - primary traffic
(7) BT may charge reasonable additional rates for
overflow traffic after two years from the date on
which the BT System and the Operator System were or
are to be interconnected where such overflow traffic
results from a failure to order adequate Capacity to
convey the relevant traffic.
(8) Notwithstanding paragraph 5.4.2 (7), the Operator
shall not pay additional rates for overflow traffic
as a result of a physical or operational failure of
the BT System.
5.4.3 BT to Operator Traffic
(1) BT shall hand over traffic to Operator Switch
Connections in accordance with the provisions of
paragraph 5.2.1.
(2) The following provisions shall apply if there is more
than one Operator Switch Connection:
(a) BT may convey an entire Traffic Stream in
one Traffic Route to one Operator Switch
Connection. These Calls shall be primary
traffic.
(b) BT may overflow a Traffic Stream to another
Operator Switch Connection provided that BT
has a Traffic Route to that Switch. These
Calls shall be overflow traffic.
(c) For Calls conveyed on BT's written request
to Operator Exchanges the Operator shall
arrange with BT for dual paths to be
provided within the Operator System. In this
instance, the design objective will be to
split the Traffic Stream between two Traffic
Routes in the ratio 1:1, with a maximum
variation of + or - 1/3. These Traffic
Routes shall be dimensioned to convey the
expected Traffic Streams at the required
grade of service. Calls may be initially
offered to one Traffic Route or the other,
with traffic re-routing to one Traffic Route
or the other.
(d) Arrangement under paragraph 5.4.3(2)(c)
shall provide for traffic carried on the
planned routings in accordance with the
planned traffic to be split as primary
traffic, with all traffic on a routing
outside the permitted split as overflow
traffic.
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(e) BT may choose between the following routing
arrangements:
1st choice to planned route - primary traffic
2nd choice to unplanned route - overflow traffic
or
1st choice to planned route - primary traffic
2nd choice to planned route - primary traffic
(f) The Operator may charge reasonable additional rates
for overflow traffic after the period of two years
from the date on which the BT System and the Operator
System were or are to be interconnected where such
overflow traffic results from a failure to order
adequate Capacity to convey the relevant traffic.
(g) Notwithstanding paragraph 5.4.3 (2)(f), BT shall not
pay additional rates for overflow traffic as a result
of a physical or operational failure of the Operator
System.
5.4.4 BT-Operator Indirect Access Traffic
(a) If the Parties have agreed in a Schedule to convey
Indirect Access Calls, the Operator shall nominate a
BT Switch Connection to receive Indirect Access Calls
from each BT Number Range in accordance with the
technical principles contained in the Generic
Transmission Interface Specification.
(b) For Indirect Access Calls received at a BT Switch
Connection and on the Operator's written request, BT
shall arrange not less than one alternative path to
be provided to the Operator System. Routing from the
nominated BT Switch Connection to the Operator System
shall be limited to Traffic Routes from that BT
Switch Connection.
5.4.5 Operator to BT Number Translation Services Traffic
The Operator shall convey Calls for BT Number Translation
Services to a BT DMSU Switch Connection which is as near as
practical to the origination of the Call, having regard to any
requirements necessary to identify the intended destination.
5.5 INTERCONNECT ROUTE DIVERSITY AND SECURITY
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5.5.1 Where either Party requests physical route diversity it shall
take account of the Signalling Links and the Traffic Routes.
5.5.2 The Traffic Route(s) between an Operator Switch Connection and
the relevant BT Switch Connection shall, subject to the normal
planning practices of the relevant Party, ensure that a single
failure of equipment does not give rise to failure of a
Traffic Route.
5.6 ROUTING OF INTERNATIONAL TRAFFIC
5.6.1 The Operator may choose to hand over International Calls to BT
DMSUs and/or BT ISCs, provided that, if the Operator has an
obligation in the Operator Licence to provide "International
Connection Services", International Calls shall only be routed
and handed over via Interconnect Links established to one or
more BT ISCs.
5.6.2 If an Operator chooses to hand over International Calls direct
to an ISC and has Interconnect Links to more than one BT ISC,
BT shall inform the Operator which BT ISC shall be first
choice routing for a particular international destination and
the Operator shall so route its International Calls.
5.6.3 Where agreed, or for NNGs allocated to the Operator for the
provision of Land Mobile Radio Services for a digital service
(GSM, PCN), Calls may be handed over to the Operator System
from a BT ISC. Calls from an international destination to
other NNG or "DE" Number Ranges assigned to the Operator shall
be routed by BT from the BT ISC to the relevant BT DMSU to be
handed over to the Operator System.
5.6.4 International Calls for conveyance to the Republic of Ireland
shall be handed over to BT at a BT DMSU.
5.7 RECORD OF ARRANGEMENTS
The Parties shall record the physical arrangements and Number Ranges,
or part thereof, for each of the Traffic Routes on an Interconnect
Link. Information shall be provided in accordance with the Provisioning
Manual and a record of these arrangements shall be maintained in the
Technical Master Plan.
6. ISI INTERCONNECT LINK ARCHITECTURE
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ISI Interconnect Links shall be transmission systems using either PDH
or SDH technology, where the interfaces are set out in the Generic
Electrical and Physical Interface Specification and, in the case of
SDH, additionally in the Generic SDH Interface Specification.
6.1 ISI INTERCONNECT LINKS USING PDH
(a) Equipment
The manufacturer and type of equipment used to terminate the
ISI Interconnect Link shall be the same at each end of the
fibre and be one of those agreed and listed in the
Provisioning Manual.
(b) Procedures
Operational procedures for the provision of PDH ISI
Interconnect Links are described in the Provisioning Manual
and their maintenance is described in the Operations and
Maintenance Manual.
(c) IECs
Interconnect Extension Circuits may be used to complete ISI
Interconnect Links to Remote Switch Connections.
(d) Path Protection
Where the Operator requests Path Protection using PDH, as set
out in Schedule 01, the manufacturer and type of equipment
used to effect the Path Protection shall be the same at each
end of the fibre and be one of those agreed and listed in the
Provisioning Manual as suitable for supporting Path
Protection.
6.2 ISI INTERCONNECT LINKS USING SDH
(a) Configuration
ISI Interconnect Links will deliver the equivalent
functionality to an ISI Interconnect Link using PDH
technology.
For the avoidance of doubt if an ISI Interconnect Link uses
SDH technology all traffic within the BT System flowing to or
from the 155 Mbit/s STM-1 Add-Drop Multiplexor will be carried
by Intrabuilding Links or IECs and there shall, unless the
Operator has requested Path Protection, be one single physical
path between the 155 Mbit/s STM-1 Add-Drop Multiplexors.
(b) Equipment
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The manufacturer and type of equipment that BT shall use to
terminate the SDH ISI Interconnect Link shall be those listed
in the Provisioning Manual. The Operator may use any equipment
that conforms to the Generic SDH Interface Specification.
(c) Management
Neither Party shall exercise management control of the other
Party's 155 Mbit/s STM-1 Add-Drop Multiplexor. In particular,
the transmission messages to the other Party via the Data
Communications Channel (DCC) in the STM-1 Add-Drop Multiplexor
section overhead shall be inhibited.
(d) Testing and Operational Procedures
If the Operator chooses to use equipment that has not been
validated to ensure that it interworks with the equipment that
BT uses, the Parties shall test the equipment to ensure that
the performance standards are met. Unless otherwise agreed
such testing shall be completed before an order for such an
Interconnect Link is placed. If the Parties agree to carry out
the testing after an order is received that order shall be
subject to adjustment of the delivery date to include such
tests. Operational procedures for the provision of SDH
Interconnect Links are described in the Provisioning Manual
and their maintenance is described in the Operations and
Maintenance Manual.
(e) IECs
Interconnect Extension Circuits shall be provided using PDH or
SDH at the suppliers election solely for the completion of ISI
Interconnect Links to Remote Switch Connections.
(f) Path Protection
If the Operator requests Path Protection, all VC paths shall
terminate on a single add-drop Multiplexor at the BT Switch
Connection. This configuration shall be used where VC Path
Protection is deployed in the SDH equipment terminating the VC
paths.
7. CAPACITY PROVISION
7.1 INITIAL INTERCONNECTION
Prior to the first Capacity Order under this Agreement:
7.1.1 the Operator shall provide BT with the following information:
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(1) details about the proposed Operator Exchange or
Exchanges, software build level and of the relevant
Operator Switch Connections nominated by the
Operator;
(2) details of the relevant BT Switch Connections
nominated by the Operator;
(3) details of the services (as in the Schedules) which
the Operator requires on the first Ready for Service
Date;
(4) Number Ranges served by and that may be accessed via
the Operator System;
(5) a statement of the conformity of the Operator System
to the Specifications;
(6) the first Capacity Profile (as described in paragraph
9 below);
(7) the first Traffic Forecasts (as described in
paragraph 8 below);
(8) proposed Traffic Routes, by Number Ranges (in the
form set out in the Provisioning Manual);
(9) details of proposed Points of Connection and
Interconnect Links;
(10) Where the Operator intends to send Emergency Calls to
the BT System, and the Operator Licensed Area is
smaller than the geographic area covered by the BT
System, the Operator shall provide BT with a map
showing the boundary of the area from where Emergency
Calls are to be sent to the BT System to a scale of
approximately 1:50,000.
7.1.2 BT shall provide the Operator with the following information:
(1) proposed signalling and testing requirements within
the time scale set out in paragraph 14.2 below;
(2) details of the relevant Operator Switch Connections
and BT Switch Connections nominated by BT (if any),
within 20 Working Days of a written request by the
Operator;
(3) proposed Traffic Routes by Number Ranges if the
Operator is planning to use more than one Operator
Switch Connection at the first Ready for Test Date
within 20 Working Days of a written request by the
Operator.
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7.1.3 The information specified in paragraphs 7.1.1 and 7.1.2 above
shall be exchanged in the manner detailed from time to time in
the Provisioning Manual. A summary of that information
specified is set out in Appendix B to this Annex. The Parties
shall hold such meetings as are required for this exchange of
information.
7.2 Where the Operator is seeking an initial interconnection to the BT
System to transfer traffic generated by an established customer, the
Operator shall provide BT not less than 20 Working Days prior to the
first planning meeting referred to in paragraph 7.1.3 above with the
following information:
(1) traffic volumes from the Operator System to the BT System for
each proposed BT Switch Connection;
(2) traffic volumes from the BT System to the Operator System for
each proposed BT Switch Connection; and
(3) specific requirements for the transfer of the Operator's
existing Number Ranges.
8. TRAFFIC FORECASTS
8.1 GENERAL
Traffic Forecasts shall be used by the Parties for planning sufficient
switch and distributive network capacity to meet subsequent Capacity
Order requirements. While the Parties shall use reasonable endeavours
to provide accurate Traffic Forecasts, they shall not be legally
binding except to the extent stated otherwise in this Agreement.
8.2 TRAFFIC FORECAST CONTENT
8.2.1 Traffic Forecasts for each BT Switch Connection shall be
prepared by the Operator being the aggregate of the Traffic
Types listed in Table A of this Annex for which the Operator
is stated to have the responsibility as defined in paragraph
5.1.3.
In addition the Operator shall prepare Traffic Forecasts for
each Operator Switch Connection being the aggregate of the
specific Traffic Types listed in Table A for which BT is
stated to have the responsibilities as defined in paragraph
5.1.3. However BT shall forecast this traffic when it is
mature, that is when the dominant factor in forecasting future
traffic trends is the general economic trends affecting the
UK.
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All Traffic Forecasts shall be in the form set out in the
Provisioning Manual.
8.2.2 Where a BT ISC is used as a BT Switch Connection, Traffic
Forecasts shall define the following:
(a) outgoing traffic by destination country where the
busy hour traffic is expected to exceed 5 erlangs;
(b) the total outgoing traffic for all countries where
the busy hour traffic is less than 5 erlangs.
8.2.3 The Parties shall endeavour to agree for each Traffic Route
immediately following the second anniversary of the Ready for
Service Date of that Traffic Route whether such Traffic Route
is mature. If the Parties fail to agree whether a Traffic
Route is mature then either Party may notify the other in
writing of a Dispute.
8.3 FORECASTING PERIODS
8.3.1 Traffic Forecasts shall be on a rolling basis for a period of
three years.
8.3.2 A Traffic Forecast provided by the Operator to BT at yearly
intervals for each Switch Connection pursuant to paragraph 8.2
shall be made available at least 15 Working Days before the
Technical Review Meeting immediately before the Traffic
Forecast period next following. These Traffic Forecasts shall
(subject as provided below) cover the following three years
broken down for each quarter for the first two years.
8.3.3 For each mature Traffic Route (as defined in paragraph 8.2),
BT shall supply the Operator with the Traffic Forecasts at
yearly intervals, not less than 15 Working Days before the
Technical Review Meeting immediately prior to the period which
is the subject of the Traffic Forecast. These Traffic
Forecasts shall cover the following three years broken down
for each quarter for the first two years.
8.3.4 If either Party's Traffic Forecast for a category of traffic
for any twelve month period at any Switch Connection has
changed 10 per cent. or more since the last Traffic Forecast
or where any additional Switch Connection is proposed by such
Party during the next twelve months, then the changed Traffic
Forecast shall be notified not later than the next Technical
Review Meeting following such change or adoption of such
proposal.
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8.3.5 During the first two years after the first Ready for Service
Date, the Operator may supply Traffic Forecasts covering only
two years. Thereafter, such Traffic Forecasts shall cover a
period of three years.
8.4 TRAFFIC FORECAST INFORMATION
8.4.1 Traffic Forecasts supplied pursuant to paragraph 8.3 shall:
(a) be in terms of day and evening busy hour Erlangs. The
day busy hour shall be within the period 0800 to 1800
hours and the evening busy hour shall be within the
period 1800 to 0800 hours except where agreed
otherwise;
(b) identify the time of the busy hour for a Traffic
Route to be configured pursuant to paragraph 8.1;
(c) be in the form set out in the Provisioning Manual and
may be in an electronic form agreed between the
Parties;
(d) be authorised and signed at an appropriate level by
the originating Party and acknowledged by the
receiving Party.
8.5 FORECASTING EVOLUTION
8.5.1 The Parties may agree to modify the procedures in this
paragraph 8 if and when additional Traffic Routes and/or
Traffic Streams are identified or if presently planned Traffic
Routes are subdivided.
8.5.2 The forecasting procedures shall be reviewed at the Technical
Review Meeting to discuss routing and forecasting matters and
to agree changes and appropriate timings for their
implementation.
9. CAPACITY PROFILES AND ADVANCE CAPACITY ORDERS
9.1 Before placing Capacity Orders, the Operator shall (subject to
paragraph 9.2 below) supply BT with Capacity Profiles in relation to
Capacity Provision and Capacity Re-arrangement at all existing and
proposed Switch Connections. In paragraphs 9 and 10 and subject to
paragraph 11.4, Capacity Rearrangement may only be initiated by the
Purchaser of the Capacity which is being rearranged. Each Capacity
Profile shall encompass all the Operator's requirements for Capacity
and shall be identified for each relevant Switch Connection. The
obligation of the Operator under this paragraph in relation to a
particular Switch Connection shall cease when the information is
provided by BT under paragraph 9.2.
9.2 With effect from the second anniversary of the Ready for Service Date
(or such later date as the Parties may agree pursuant to paragraph
8.2.3) for each
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Switch Connection, BT shall supply the Operator with a Capacity Profile
for Traffic Types for which BT has responsibility pursuant to paragraph
5.1.3. The Capacity Profile shall encompass all Capacity Provision or
Capacity Re-arrangement requirements and be categorised for each
relevant Operator Switch Connection. The Parties acknowledge that each
BT Capacity Profile shall reflect the information contained in the
relevant Traffic Forecast provided under paragraph 8, plus any other
relevant additional information that the Operator has provided to BT
(which shall include any necessary advice on the timing of Capacity
Provision).
9.3 Capacity Profiles for Capacity Provision and Capacity Re-arrangement
shall be provided on separate forms as described in the Provisioning
Manual. The first four months of each Capacity Profile agreed in
accordance with paragraph 9.5 shall form an Advance Capacity Order
pursuant to paragraph 10.
9.4 Each Capacity Profile shall be presented to the other Party at four
month intervals, not less than 15 Working Days before the relevant
Technical Review Meeting.
9.5 Each Capacity Profile shall be reviewed at the relevant Technical
Review Meeting. Where agreed it will be signed within 10 Working Days
by the authorised representatives of each Party to signify their
intention to commit to the Advance Capacity Order.
9.6 If the Parties fail to agree a Capacity Profile (or part thereof), then
either Party may notify the other in writing of a Dispute.
9.7 Those portions of an Advance Capacity Order that have not been agreed
shall be a Dispute. Paragraph 10 shall apply to those parts that have
been agreed (and signed by the Parties).
10. CAPACITY ORDERS AND TESTING
10.1 CAPACITY ORDERING
10.1.1 In an ACO Period the Operator may, in respect of any BT Switch
Connection nominated by the Operator (for traffic handed over
from the Operator System to the BT System), and, during the
period ending two years after the first Ready for Test Date,
in respect of any Operator Switch Connection nominated by BT
(for traffic handed over from the BT System to the Operator
System), place Capacity Orders up to the amount of the
aggregate Capacity Provision (i.e. Capacity to be provided
plus the provide element of Capacity to be rearranged) shown
in the relevant Advance Capacity Orders for each such Switch
Connection plus the greater of (a) 10 per cent. of such
Capacity and (b) 4 x 2Mbit/s units of Capacity. Within these
limits each Party shall
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provide such Capacity that it is to provide within the time
scales laid down in paragraph 11. For the period ending two
years after the first Ready for Test Date, the reference in
(b) to 4 x 2Mbit/s units of Capacity shall be increased to 8 x
2Mbit/s units of Capacity.
10.1.2 In an ACO Period the Operator shall place Capacity Orders for
a minimum of 80 per cent. of the aggregate Capacity specified
in the relevant Advance Capacity Orders for each Switch
Connection, other than Capacity required at any Operator
Switch Connection for incoming traffic from the BT System.
Failure by the Operator to place such Capacity Orders shall
result in pre-payment charges being paid by the Operator in
accordance with paragraph 1 of Appendix C. Pre-payment charges
arising with respect to a specific Switch Connection shall be
accepted as pre-payment for future Capacity Orders in respect
of Capacity for the same Switch Connection placed within 12
months of the end of the relevant ACO Period (thereby being
credited against any charges payable by the Operator in
respect of such Capacity Order(s)).
10.1.3 Capacity Orders placed by the Operator (on behalf of BT) for
Capacity in respect of Traffic Types for which BT has the
responsibility pursuant to paragraph 5.1.3, and any increase
in order quantities above those agreed in the relevant Advance
Capacity Order (subject to the limits set out in paragraph
10.1.1) shall require written agreement from BT prior to the
placing of the relevant Capacity Order. If the Parties fail to
agree an increase in a Capacity Order, either Party may notify
the other in writing of a Dispute.
10.1.4 Within any ACO Period commencing two years after the Ready for
Service Date for a particular Switch Connection, BT may place
Capacity Orders for Capacity required at that Operator Switch
Connection for Traffic Types for which BT has the
responsibility pursuant to paragraph 5.1.3, up to the amount
of the aggregate Capacity Provision (i.e. Capacity to be
provided, plus the provide element of Capacity to be
rearranged) shown in the relevant Advance Capacity Orders for
such Operator Switch Connection plus, for any Operator Switch
Connection, the greater of (a) 10 per cent. of such Capacity
and (b) 4 x 2Mbit/s units of Capacity. The Operator shall
provide such Capacity within the relevant time scales
specified in paragraph 11.
10.1.5 Within any ACO Period commencing two years after the Ready for
Service Date of a Switch Connection, BT shall place Capacity
Orders for a minimum of 80 per cent. of the aggregate Capacity
specified in the relevant Advance Capacity Orders for that
Operator Switch Connection. Failure by BT to place such
Capacity Orders shall result in pre-payment charges being paid
by BT in accordance with the
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provisions set out in paragraph 1 of Appendix C. Pre-payment
charges arising with respect to a specific Operator Switch
Connection will be accepted as pre-payment for future Capacity
Provision Orders in respect of Capacity at the same Switch
Connection placed within 12 months of the end of the relevant
ACO Period (thereby being credited against any charges payable
by BT in respect of such Capacity Order(s)).
10.1.6 If no Advance Capacity Order is provided or Capacity Orders
are placed by the ordering Party in excess of the relevant
limit in paragraph 10.1.1 or 10.1.4:
(1) the Supplier shall not be obliged to meet the time
scales set out in paragraph 11 for that element of
the Capacity Order in excess of the relevant limit;
(2) the time scales shall be agreed in writing for the
provision of excess Capacity and the Ready for Test
Dates shall be not later than 6 months after the date
of receipt of a relevant Capacity Order; and
(3) the Supplier of Capacity in excess of the relevant
limit may raise charges to cover any additional costs
that it may incur arising directly from the provision
of Capacity outside the normal planning process.
Neither Party will incur such additional costs or
provide Capacity outside the Advance Capacity Order
process without the prior written approval of the
other.
10.1.7 Each Capacity Order will be in the form set out in the
Provisioning Manual and shall include all the information
required by that form.
10.1.8 The tributary allocation charts as set out in the Provisioning
Manual, shall be amended by BT, unless agreed otherwise and
included in the Technical Master Plan.
10.2 TESTING TIMETABLES
10.2.1 (1) BT and the Operator shall commence testing Capacity
not later than 25 Working Days after the relevant
scheduled Ready for Test Date. Unless agreed
otherwise, the Purchaser shall provide the Supplier
with a minimum of 15 Working Days notice of the date
on which testing should commence. The Parties shall
co-operate to ensure that testing is reasonably
spread across the 25 Working Days following the date
on which the Capacity is made ready for testing. The
Parties shall use reasonable endeavours to complete
testing in the shortest appropriate time.
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(2) If for any reason the Purchaser fails to proceed
jointly with the Supplier in testing of any Capacity,
the Purchaser shall notify the Supplier in writing as
soon as possible and where such notice is less than 5
Working Days before the scheduled Ready for Test
Date, the provisions set out in paragraph 3 of
Appendix C of this Annex shall apply. Testing shall
then be re-scheduled by agreement and commenced on
such re-scheduled date. In the event of testing
failing the Parties shall use reasonable endeavours
to ensure testing is recommenced and concluded as
quickly as possible.
(3) The Parties shall agree the required test facilities.
The Parties shall make such test facilities available
from the date required by the other Party. If
specified test facilities are missing or incorrect,
Capacity Orders or Data Management Amendments will
not commence until the facilities are made available.
(4) If the Party providing Capacity fails to commence
testing Capacity by a date 25 Working Days after the
relevant periods of time specified in paragraph 11
below, then (without prejudice to the other Party's
rights and remedies under the Agreement) the Party
providing the Capacity shall pay, on demand, to the
other Party liquidated damages for such delay
calculated in accordance with the provisions of
paragraph 2 of Appendix C for up to a maximum of 25
Working Days.
(5) If the Parties fail to agree an acceptable date for
the testing of the Capacity (pursuant to 10.2.1 (2))
either Party may notify the order in writing of a
Dispute.
10.2.2 On the Ready for Test Date the Supplier shall notify the
Purchaser that such Capacity is Ready for Testing. Such notice
shall be in the form set out in the Provisioning Manual.
10.2.3 As soon after the Ready for Service Date as is practical, both
Parties shall certify that the Capacity has been
satisfactorily tested by signing the certificate set out in
the Operations and Maintenance Manual.
10.3 CONGESTION
Where a Traffic Route is used for the conveyance of traffic for both
Parties and either Party detects the grade of service referred to in
paragraph 5.3.2 not being met because of non-transient causes or
identifies a trend that will lead to such grade of service not being
met in the current or next ACO Period, the Operator shall order Route
Augmentation such that the problem or potential problem is alleviated.
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10.4 TESTING AND COMMISSIONING PROCEDURES
The Parties shall jointly test the Capacity and any service specific
items and make any necessary adjustment to ensure that the Capacity
meets the agreed performance standards. Details of the testing
procedures are included in the Testing Manual.
11. CAPACITY ORDER TIMESCALES
11.1 TIMESCALES FOR PROVISION OF CAPACITY
The timescales for the provision of Capacity Ready for Testing are
subject to the provisions set out in Schedules 01 and 130 (as
appropriate) and, paragraph 10.1.6. The time scales are set out in
paragraphs 11.1.3 to 11.1.6 inclusive and are concurrent with those set
out in paragraph 11.1.1 and 11.1.2):
11.1.1 Capacity Provision at a Switch Connection for a Traffic Route
passing through a new Point of Connection on an Interconnect
Link using PDH or SDH:
6 months following the date of receipt of the relevant
Capacity Order.
11.1.2 Capacity Provision or Capacity Re-arrangement at a Switch
Connection requiring a change of technology from PDH to SDH or
SDH to PDH for a new or existing Traffic Route at an existing
Point of Connection:
6 months following the date of receipt of the relevant
Capacity Order.
11.1.3 New Traffic Routes between Switch Connections through an
established Point of Connection using the same technology,
including the provision of additional Customer Sited
Interconnect between the same Switch Connections:
65 Working Days following the date of receipt of the relevant
Capacity Order.
11.1.4 Route Augmentation using the same technology, including the
provision of additional Customer Sited Interconnect between
the same Switch Connections:
25 Working Days following the date of receipt of the relevant
Capacity Order.
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11.1.5 New Traffic Routes over IECs at a Switch Connection using the
same technology:
75 Working Days following the date of receipt of the relevant
Capacity Order.
11.1.6 Route Augmentation using the same technology on Traffic Routes
over established IECs:
35 Working Days following the date of receipt of the relevant
Capacity Order.
11.1.7 Capacity Re-arrangements involving the provision of new
Traffic Routes using the same technology or a new technology
already in service at the relevant Switch Connection:
65 Working Days following the date of receipt of the relevant
Capacity Order.
11.1.8 Capacity Re-arrangements between established Switch Connection
involving Route Augmentation using the same technology or a
new technology already in service at the relevant Switch
Connection:
25 Working Days following the date of receipt of the relevant
Capacity Order.
11.1.9 Capacity Re-arrangements involving the provision of new
Traffic Routes requiring IECs using the same technology or a
new technology already in service at the relevant Switch
Connection:
75 Working Days following the date of receipt of the relevant
Capacity Order.
11.1.10 Path Protection - on a date such as the Parties shall agree.
11.2 REMOVAL OF CAPACITY
11.2.1 Subject to the relevant Schedules if either Party requires the
removal of Capacity it paid for (or for which payment is due
by that Party under this Agreement), an order identifying the
Capacity and the date from which it is no longer required (a
"removal order") may be placed by that Party on the other
Party. The Party receiving the removal order will remove the
Capacity not later than 30 Working Days from the date of
receipt of the removal order.
11.2.2 If either Party requires the removal of Capacity paid for by
the other Party (or for which payment is due by the other
Party under this
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Agreement) or the removal of Capacity used for bothway working
then a written request shall be sent to the other Party
detailing the requirement and giving the reasons for its
removal. If the Party receiving the request agrees to the
removal of the Capacity such Party shall issue a removal order
to the Party requesting the removal. This Capacity will then
be removed by the Supplier within 30 Working Days from the
date of receipt of the removal order. If the Party receiving
the request does not agree then Capacity shall not be removed
until agreement has been reached or a Dispute is resolved.
11.2.3 A removal certificate shall be issued to the Party who paid
(or who is responsible for payment) for the Capacity on
completion of the removal work.
11.2.4 For the avoidance of doubt, if payment for Capacity removed
pursuant to this paragraph 11 has not been made at the time of
such removal such payment shall remain due and payable.
11.2.5 If pursuant to this paragraph 11.2 Capacity is removed, a
proportion of the relevant connection charge shall be repaid
to the Party requesting the removal. The amount to be repaid
shall be that set out in paragraph 4 of Appendix C to this
Annex.
11.3 ORDER AMENDMENT
11.3.1 Capacity Orders may be amended as follows:
(a) Capacity Orders which incorporate agreed amendments
requested by the Supplier or are corrections of
simple typing mistakes which do not affect the Ready
for Test Date nor the implementation by the Supplier
will not incur any charges.
(b) Capacity Orders may be withdrawn free of charge up to
10 Working Days from receipt of the relevant Capacity
Order by the Supplier. Capacity Orders, including any
placed in the last 10 Working Days of an ACO Period
which bring the total orders up to 80% of the
Capacity specified in the ACO, and subsequently
cancelled within 10 Working Days of placing those
orders shall not be included in the amount of
Capacity ordered in the relevant ACO Period.
(c) Capacity Orders may be amended at a charge, details
of which are specified from time to time in the
Carrier Price List, up to 10 Working Days from
receipt of the Capacity Order by the Supplier. The
original date that the Capacity Order was placed
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will apply for the purpose of identifying the Ready for Test
Date.
(d) Capacity Order amendments received after 10 Working Days from
receipt of the original Capacity Order by the Supplier which
do not have a material affect on the order (i.e. editorial
change, data build change only, without change of Supplier's
Exchange or other change which the Parties reasonably agree
does not materially affect the Capacity Provision within the
stated time scales) will be accepted by the Supplier without a
change in the Ready for Test Date at a charge which is set out
in the Carrier Price List.
Where an amendment involves data build changes, the order amendment
must be received by the Supplier not later than 10 Working Days
before the Ready for Test Date
11.3.2 If a Capacity Order is amended other than as set out in (a) (b) (c)
or (d) above, and the amendment is to reduce the Capacity originally
ordered, the Purchaser shall pay the charge set out in paragraph 5
of Appendix C. The Supplier shall accept such an amendment without a
change in the Ready for Test Date.
11.3.3 The Supplier may extend a Ready for Test Date where there have been
two or more order amendments to any matter included in the order
form set out in the Provisioning Manual during the first 10 Working
Days following receipt of a Capacity Order.
11.4 CAPACITY REARRANGEMENT
Capacity Rearrangement may be requested as follows:
(a) The Purchaser may request in writing Capacity Rearrangement,
and the Supplier shall carry out the necessary work in
accordance with the time scales set out in paragraph 11.1.
Capacity Orders, including any placed in the last 10 Working
Days of an ACO Period which bring the total Capacity Orders up
to 80% of the Capacity specified in the ACO, and subsequently
cancelled within 10 Working Days of placing those orders shall
not be included in the amount of Capacity ordered in the
relevant ACO period.
(b) If the Supplier requests Capacity Rearrangement of Capacity
previously provided by the Supplier, the Supplier shall notify
the Purchaser in writing giving reasons for its request. If
the Purchaser accepts the request it shall confirm the same in
writing. The Supplier shall then at its own expense carry out
the Capacity Rearrangement in accordance with the request. The
Purchaser shall not unreasonably withhold or delay consent to
such request provided that arrangements
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are made, in accordance with this Agreement where applicable,
to ensure that no loss is caused to or suffered by the
Purchaser as a result of the Capacity Rearrangement.
(c) The Supplier shall issue a certificate to the Purchaser on
completion of work carried out pursuant to paragraph 11.4 (a)
or (b). The Purchaser may submit requests for Capacity
Rearrangement in writing to the Supplier at any time after the
earlier of Ready For Service Date or one month after Ready For
Test Date.
(d) On completion of a Capacity Rearrangement the original
Capacity is deemed terminated and replaced by the rearranged
Capacity.
11.5 CANCELLATION OF ORDER
At any time prior to the Ready for Test Date a Party may by written
notice to the other cancel a Capacity Order it placed. If a Capacity
Order is cancelled more than 10 Working Days after placement of the
Capacity Order, the cancelling Party shall pay a cancellation charge as
set out in paragraph 6 of Appendix C.
11.6 GENERAL
The Party in receipt of a Capacity Order shall make the relevant
Capacity available and Ready for Testing within the time scale
specified in paragraph 11.1. The receiving Party shall notify the
ordering Party of such receipt within one Working Day of receipt.
12. NUMBERING
12.1 NUMBERING ORDERS
BT shall implement numbering orders for Number Ranges or other changes
to data on BT Exchanges in accordance with Schedule 140.
12.2 NUMBER FLOW
12.2.1 The Parties shall convey to each other telephone numbers in
the national and international number formats from time to
time in force.
12.2.2 For Calls to or from a BT ISC where C 7 (IUP) signalling is
used, all digits including the leading zero, shall be conveyed
across the interface from the sending Party's System to the
other Party's System.
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12.2.3 For Calls to a BT ISC, where C 7 (TUP) signalling is used, the
Operator shall convey all digits except the international
prefix. For Calls from a BT ISC where C 7 (TUP) signalling is
used BT shall convey all digits including the leading zero.
12.3 NUMBER INFORMATION
At appropriate intervals each Party shall inform the other of all
numbering additions and changes to Number Ranges within the BT System
or Operator System that may affect Call routing.
13. TECHNICAL REVIEW MEETINGS
13.1 The first Technical Review Meeting shall occur at either Party's
written request not later than four months from the receipt of the
first Capacity Profile. Subsequent Technical Review Meetings shall
occur at no greater than four monthly intervals thereafter, not less
than 5 Working Days prior to the start of the relevant four month
period next following.
13.2 At Technical Review Meetings the Traffic Forecast referred to in
paragraph 8 shall be discussed and the Capacity Profiles referred to in
paragraph 9 shall be agreed.
14. SWITCH TESTING
14.1 TESTING PRINCIPLES
Each Party shall have the right to require testing of the other Party's
Switch(es) to confirm correct interworking. The testing varies
according to the Switch manufacturer, the software build level and the
method of implementation. The scope of the testing shall follow the
relevant ITU-T guidelines.
14.2 TESTING INFORMATION
14.2.1 Not later than 10 Working Days after a written request by one
Party, the other Party shall provide an initial indication of
the level of testing required, having been given details of
Switch hardware and software build level and services. The
Parties shall agree exact test requirements and timescales.
14.2.2 If, owing to the default of one of the Parties the testing
procedures vary substantially from the test procedures agreed
pursuant to this paragraph, the other Party may levy a
reasonable charge for its direct costs resulting from such
default.
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14.3 Where BT requests testing, the following provisions shall apply:
14.3.1 Reduced Level of Testing
A Switch proposed as an Operator Exchange, of the same type
previously successfully tested for the same type of
interconnect, at the same software build will need the minimum
of testing. A list of such Switches is set out in the
Provisioning Manual. Commissioning and Acceptance Testing
("CAT") of such an Operator Exchange may take approximately
four weeks. For additional Operator Exchanges, Traffic Routes
and Capacity interconnected to the BT System, operational
testing at a suitable level will take place as described in
the Testing Manual.
14.3.2 Intermediate Level of Testing
A Switch proposed as an Operator Exchange of a type previously
successfully tested at a different software build or
implementation, will need additional testing, if such
different build or different implementation could reasonably
be considered likely to adversely affect Call processing. Both
Network Inter-working Tests ("NIT") using BT captive models
and CAT will be required, which may take approximately eight
weeks.
14.3.3 Full Switch Testing
A Switch proposed as an Operator Exchange or major build
change of an existing Operator Exchange not previously
successfully tested for the same type of interconnect shall
require Interface Validation Testing ("IVT") by the Operator,
using a protocol simulator, which may take the Operator about
six weeks. The total testing duration for IVT, NIT and CAT may
be approximately 14 weeks. This period of time (other than for
the testing specified in paragraph 14.3.1) may, subject to the
availability of the necessary BT captive models at the
Operator's written request, be concurrent with the time scale
set out in paragraph 11.1.1 above.
14.4 Where the Operator requests testing it will employ testing no more
onerous than those set out in paragraph 14.3 such testing shall be of
no greater duration.
14.5 In the event that the Parties fail to agree any test procedure and/or
time scale, then either Party may notify the other in writing of a
Dispute.
15. TRANSMISSION AND SIGNALLING
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15.1 TRANSMISSION
Interconnection of the BT System and the Operator System shall
be based on digital technology operating at 2Mbit/s in
accordance with the Generic Transmission Interface
Specification and, if appropriate, the Generic SDH Interface
Specification.
15.2 SYNCHRONISATION
15.2.1 The Parties shall comply with the applicable synchronisation
provisions of the Generic Electrical and Physical Interface
Specification. Where requested, BT shall supply
synchronisation from the highest order available within the
relevant part of the BT System.
15.2.2 Where SDH equipment is used as part of an ISI Interconnect
Link, synchronisation of the relevant SDH equipment shall be
provided in accordance with ITU-T Recommendation G.803.
However the STM-N timing quality should not be assumed to be
referable to a clock of ITU-T Recommendation G.811 standard.
15.3 ECHO CONTROL
15.3.1 If International Calls are conveyed by the Operator to a BT
ISC or handed over to the Operator by BT directly from a BT
ISC, the Parties shall obtain the correct echo control by
conveying signalling information in accordance with the
Generic Transmission Interface Specification and the Generic
C7 Signalling Interface Specification.
15.3.2 Some Calls within the UK require echo control. The Parties
shall obtain the correct echo control by conveying signalling
information in accordance with the Generic Transmission
Interface Specification and the Generic C7 Signalling
Interface Specification.
15.4 SIGNALLING
The Parties shall comply with the applicable signalling provisions of
the Generic C7 Signalling Interface Specification.
15.5 CIRCUIT SELECTION
Where bothway working is employed, the following circuit selection
protocols shall apply:
(1) Circuit Selection Protocols
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(a) BT shall use the forward sequential protocol,
starting from the first traffic circuit and selecting
sequentially until a free circuit is found.
(b) The Operator shall use the backward sequential
protocol, starting from the last traffic circuit and
selecting sequentially until a free circuit is found.
(2) Direction of search
(a) From BT to Operator, direction of traffic circuit 1
to Z.
(b) From Operator to BT, direction of traffic circuit Z
to 1.
15.6 DUAL SEIZURE
BT shall have dual seizure priority.
15.7 NUMBERING OF TRAFFIC CIRCUITS
Circuits shall be identified pursuant to the Generic Signalling
Interface Specification.
15.8 ANSWER SIGNALS
Each Party shall provide the other with details of the timing and
circumstances for the provision of all Answer Signals sent from that
Party's System including those for all types of Calls.
16. PERFORMANCE STANDARDS
16.1 GENERAL
16.1.1 The Parties shall co-operate to maintain the overall quality
of the conveyance of Calls and adopt the general principles on
standards, techniques and methodology for the achievement of
quality in telecommunications networks and services contained
in the relevant ITU-T standards.
16.1.2 The Parties shall agree operational management strategies to
protect service quality and to alleviate short term overloads
due to abnormal conditions and address congestion due to under
provisioning.
16.2 CALL SERVICE PERFORMANCE
16.2.1 The Parties shall agree relevant service parameters and
measurements for the monitoring of service performance. These
will typically
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include sample sizes, frequency, time and performance
threshold criteria. This data includes actual measurements of
exchange or route busy hour traffic (Erlangs), lost
communications (overflows), number of Calls alternatively
routed, Answer Seize Ratio ("ASR") and busy hour call
attempts. This shall be exchanged on a monthly basis.
Exception reports shall be provided where standards have not
been met or if performance thresholds have not been attained.
The Parties shall use their reasonable endeavours to detect
and correct adverse trends before they result in adverse
performance.
16.2.2 If a service performance problem is identified, the Parties
shall exchange information about the problem, including the
information set out in paragraph 16.2.1 above together with
the following information:
(1) critical levels for traffic and unsuccessful Call
attempts;
(2) information on sources of traffic;
(3) information on timing synchronisation and slippage
rates.
16.2.3 Where congestion occurs on a Traffic Route used for the
conveyance of Traffic for both Parties, the Parties shall
agree and apply appropriate network management procedures in
accordance with the provision described in the Operations and
Maintenance Manual. Where such agreement cannot be reached,
either Party may apply appropriate network management
procedures to Traffic originating in its System to alleviate
the problem.
16.2.4 The Parties shall use reasonable endeavours to identify and
resolve the problem and if the Parties fail to resolve the
problem it shall become a Dispute.
16.3 INTERCONNECT LINK SERVICE PERFORMANCE
Transmission performance standards over an Interconnect Link shall be
based on availability, errored seconds and severely errored seconds
over a one month period.
16.4 INFORMATION ON PERFORMANCE STANDARDS
Each Party ("the first Party") shall provide to the other, as the other
Party may reasonably require, information on the performance standards
of the first Party's System from time to time for the purpose of the
other Party verifying the performance by the first Party of its
obligations under this Agreement, including without limitation the
performance standards referred to in this paragraph 16, routine
maintenance time scales and fault repair times as set out in the
Operations and Maintenance Manual.
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17. OPERATIONS
17.1 GENERAL
17.1.1 Each Party shall be responsible for the safety and operation
of its own System.
17.1.2 The Operations and Maintenance Manual details the
responsibilities, methods and procedures for the operation and
maintenance of the interconnection of the Systems. Details of
contacts are given in the Customer Service Plan.
17.2 FAULT IDENTIFICATION AND REPORTING
17.2.1 Each Party will advise its Customers to report all faults to
its fault reporting centre.
17.2.2 If a Party's Customer reports a fault to the fault reporting
centre of the other Party, that Party will inform the Customer
of the correct number to which to report the fault.
17.2.3 If a major fault occurs which affects both Parties' Systems,
initial responsibility for identifying the fault rests with
the Party who first becomes aware of the fault.
17.2.4 If a Party identifies a fault occurring in its System which
may have an adverse effect on the other Party's System, the
first Party shall promptly inform the other Party of the
actions being taken to resolve the problem.
17.2.5 Each Party shall bear the costs of its own fault reporting
centre.
17.3 SPEED OF RESPONSE
The Parties shall develop and record in the Operations and Maintenance
Manual, a series of agreed response times for different fault
conditions, response time being the time from the reporting of the
fault until remedial action begins.
17.4 SERVICE RESTORATION
The service restoration procedures set out in the Operations and
Maintenance Manual are based on the following:
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(1) service restoration shall take priority over the clearance of
faults not affecting service unless it is agreed that a fault
be treated as a lower priority;
(2) the relevant Party shall automatically bring in available
standby Capacity and/or carry out network management actions
to restore service;
(3) the relevant Party shall observe equipment alarms and carry
out testing to identify the nature and location of the fault
in co-operation with the other Party as necessary;
(4) if possible, the relevant Party shall rectify the fault
immediately, if not, the other Party must be notified and kept
informed of progress on a regular basis;
(5) if temporary repairs are made, the other Party must be
informed and given the estimated timescale and service impact
of full repair; and
(6) priority shall be given by the relevant Party to faults with
the highest service loss impact on the number of Customers or
the volume of traffic affected.
17.5 RESTORATION TIMES AND PROCEDURE
Indicative restoration times and procedures are set out in the
Operations and Maintenance Manual.
17.6 PLANNED MAINTENANCE/WORKS
17.6.1 Each Party shall provide not less than 3 Working Days notice
of any planned maintenance which may affect the other's
System. Each Party shall use its reasonable endeavours to
minimise disruption and where possible provide alternative
routing at no charge to the other Party for a reasonable
period of time with respect to the cause of the disruption.
17.6.2 If a Party reasonably considers that the interconnection
arrangements are at risk and maintenance repair activity is
essential, that Party shall give as much advance notice to the
other Party as is reasonably practicable.
18. SERVICES
18.1 INTRODUCTION
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This paragraph 18 sets out the technical requirements relating to the
services provided in accordance with particular Schedules.
18.2 BT OPERATOR SERVICES
The arrangements for routing Calls from the Operator System to the
services listed below are via a BT Switch Connection at a BT Tandem
Exchange. The digits forwarded from the Operator System to the BT
System shall be those below together with the two identification digits
appropriate to the Operator as network address digits. The Operator
shall use the identification digits agreed with BT:
Service Digits
National Operator Assistance Service 100
Emergency Service 999
DQ Service 192
International Operator Assistance Service 155
IDQ Service 153
Blind or Disabled Service 195
each service being as defined in the appropriate Schedules.
18.3 CLI
CLI shall be requested and provided in a manner consistent with the
Generic C7 Signalling Interface Specification. However CLI is not
available for Operator Basic International Incoming Calls or BT Basic
International Outgoing Calls.
18.4 MALICIOUS CALL IDENTIFICATION
Where a Party assists the police in identification of Calling Parties
with malicious intent the Parties shall co-operate and when appropriate
use CLI, such use being subject to paragraphs 11 and 21 of the main
body of this Agreement.
18.5 EMERGENCY CALL ROUTING AND SIGNALLING
The handing over of Emergency Calls to the BT System at agreed BT
Tandem Exchanges is subject to the following conditions:
(1) Trunk reservation, physical separation or other appropriate
method shall ensure the availability of emergency circuits to
carry Emergency Calls in the Interconnect Link;
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(2) The BT Switch Connection at the BT Tandem Exchange shall route
Emergency Calls to the BT Operator. Alternative routing shall
be applied by the BT System when required and where this
alternative routing fails, the BT System shall return a
terminal congestion indication to the Operator;
(3) Where possible, the Operator System shall present the relevant
BT Tandem Exchange with an Initial and Final Addressing
Message ("IFAM") containing the protection bit set.
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APPENDIX A
BT/OPERATOR NETWORK INFORMATION
1. OPERATOR INFORMATION
1.1 Names and Addresses of all Operator Exchanges within the area covered
by the BT System.
1.2 Address of each Operator building within the area covered by the BT
System which is capable of supporting IECs.
2. OPERATOR NUMBERING INFORMATION
2.1 Number Ranges of Operator Exchanges within the area covered by the BT
System and unless the Operator is only providing Land Mobile Radio
Services (as defined in the BT Licence) the interconnectivity of and
functionality provided by Operator Exchanges used for the conveyance of
Calls pursuant to this Agreement.
3. BT INFORMATION
3.1 Names and addresses of BT ISCs.
3.2 Names and addresses of BT Tandem Exchanges
3.3 Names and addresses of BT DLTEs
3.4 Names and addresses of BT DLEs
3.5 Address of each BT building which is capable of supporting IECs.
4. BT NUMBERING INFORMATION
4.1 Number Ranges of BT DLEs, BT DLTEs, BT ALEs and of those exchanges
which are connected by a BT DLE alone to the remainder of the BT
System.
4.2 For each BT DLE, BT DLTE and BT ALE, the names of the BT Tandem
Exchanges which are the Parent BT Exchanges.
4.3 For each BT DLE or BT ALE, where appropriate, the name of the BT DLTE.
5. BT/OPERATOR INFORMATION
5.1 Addresses of relevant ISI locations together with annotated Ordnance
Survey map extracts.
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APPENDIX B
BT/OPERATOR INTERCONNECT INFORMATION
1. OPERATOR INFORMATION
1.1 Details of the Operator Exchange or Exchanges, software build levels
and of relevant Operator Switch Connections nominated by the Operator.
1.2 Details of relevant BT Switch Connections nominated by the Operator.
1.3 Details of the relevant Schedules.
1.4 Number Ranges served by and that may be accessed via the Operator
System.
1.5 A statement of the conformity of the Operator System to the
Specifications.
1.6 Capacity Profile.
1.7 Traffic Forecasts.
1.8 Traffic Routes, by Number Ranges.
1.9 Details of proposed Points of Connection and Interconnect Links
requested by the Operator.
1.10 Where the Operator intends to send Emergency Calls to the BT System,
and the Operator Licensed Area is smaller than the geographic area
covered by the BT System, the Operator shall provide BT with a map
showing the boundary of the area from where Emergency Calls are to be
sent to the BT System to a scale of approximately 1:50,000.
2. BT INFORMATION
2.1 Signalling and Testing requirements.
2.2 Details of relevant Operator Switch Connections and BT Switch
Connections nominated by BT, if any.
2.3 Traffic Routes by Number Ranges if the Operator is using more than one
Operator Switch Connection.
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APPENDIX C
COMMERCIAL
1. PRE-PAYMENT CHARGES
1.1 If either Party (the "Defaulting Party") in any ACO Period, places
Capacity Orders on the other Party for less than the minimum Capacity
specified pursuant to either paragraph 10.1.2 or 10.1.5 of Annex A,
then the Defaulting Party shall pay to the other Party not later than
30 Working Days of the end of such ACO Period the prepayment charges
calculated in accordance with paragraph 1.2 of this Appendix.
1.2 Prepayment charges are calculated in accordance with the following
formula:
A = ((80% x B)-C) x D
Where:
A is the prepayment charge payable;
B is the aggregate Capacity Provision (by number of units
2Mbit/s Capacity) specified for the relevant ACO Period in the
relevant Advance Capacity Order (not including if the
Defaulting Party is the Operator, Capacity required for
traffic handed over from the BT System);
C the Capacity (by number of units of 2Mbit/s Capacity) ordered
during such ACO Period not including cancellations of Capacity
Orders made during or after the relevant ACO Period;
D is half the Intrabuilding Link connection charge applicable
for the ACO Period, as detailed in the Carrier Price List from
time to time.
2. LIQUIDATED DAMAGES IN RESPECT OF TESTING CAPACITY
2.1 The liquidated damages referred to in paragraph 10.2.1(4) of Annex A
shall be 1.5% of Intrabuilding Link connection charge specified from
time to time in the Carrier Price List for each 2Mbit/s unit of
Capacity which is subject of the relevant Capacity Order, multiplied by
the number of Working Days calculated from a date 25 Working Days after
the date on which the Capacity should have been Ready for Testing
pursuant to paragraph 11 of Annex A, except that no liquidated damages
shall be payable if the Purchaser causes a delay to the Ready for
Service date by failing to complete the testing of the Capacity in the
time period set out in paragraph 10.2.1(1) of Annex A.
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3. CANCELLATION CHARGES IN RESPECT OF LATE NOTIFICATION OF TESTING
3.1 If the notice by the Purchaser, pursuant to paragraph 10.2.1(2) of
Annex A is given less than five Working Days before the scheduled Ready
for Test Date, the Purchaser shall pay, on demand, a cancellation
charge of 20% of the relevant connection charge, or charges, specified
from time to time in the Carrier Price List and referred to in Schedule
01 or 130 as appropriate.
4. REMOVAL OF CAPACITY
4.1 If, pursuant to paragraph 11.2 of Annex A, Capacity is removed a
proportion of the relevant connection charge shall be repaid to the
Party requesting the removal. The amount to be repaid shall be:
R = (0.466 x C) - (0.466 x C x Y)
---------------
10
where:
R is the amount to be repaid
C is the relevant connection charge referred to in Schedule 01
or 130 as appropriate and specified from time to time in the
Carrier Price List
Y is the number of years between the Ready for Test Date for the
relevant Capacity and the date of the removal order rounded up
to the next whole year.
5. ORDER AMENDMENT
5.1 The charge payable pursuant to paragraph 11.3.2 of Annex A shall be 50%
of the difference between the connection charges specified from time to
time in the Carrier Price List, for the originally ordered and the
amended Capacity Order.
6. ORDER CANCELLATION
6.1 The charge payable pursuant to paragraph 11.5 of Annex A shall be 50%
of the applicable connection charge specified from time to time in the
Carrier Price List.
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ANNEX B
BILLING AND PAYMENT
INDEX
1 Definitions
2 Recording of Billing Information
3 Exchange of Billing Information
4 Invoices
5 Payment
6 Disputes
7 "TIBS" System Change Notification
1. DEFINITIONS
1.1 In this Annex, a reference to a paragraph, unless stated otherwise, is
to a paragraph of this Annex. Words and expressions have the meaning
given in Annex D.
2. RECORDING OF BILLING INFORMATION
2.1 Subject to paragraph 2.2, each Party shall for those Calls for which it
is the Billing Party collect for each individual Call, record (whether
in bulk or on an itemised Call basis) and process in accordance with
paragraph 2.4 the Billing Information.
2.2 The Parties acknowledge that INCA or other Billing Systems may not be
capable of collecting and/or recording and/or processing all types of
Calls. BT or the Operator (as applicable) shall, as appropriate,
collect (for each individual Call), record (whether in bulk or on an
itemised Call basis) and process (in accordance with paragraph 2.4)
Billing Information for the types of Call for which INCA or other
Billing Systems are not operational and in respect of which the other
Party is the Billing Party.
2.3 The types of Calls for which INCA or other Billing Systems are not
operational are as described from time to time in the Billing Manual.
2.4 There shall be recorded for each Call for which there is an entry in
the Carrier Price List the following:
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2.4.1 Interconnect Link identifier (unless otherwise specified in
the Billing Manual); and
2.4.2 the dialled digits and/or such other information as may be
agreed; and
2.4.3 CLI (if available); and
2.4.4 the date and time when the Answer Signal is received by the
Party providing the Billing Information;
2.4.5 Chargeable Call Duration (whether measured or derived).
2.5 The Billing Party shall provide with the invoice appropriate support
Billing Information as described in the Billing Manual to enable the
non-billing Party to validate the invoice.
3. EXCHANGE OF BILLING INFORMATION
3.1 The Billing Party shall process the information specified in paragraph
2.4 so as to produce such information (including, if applicable, the
call segments listed from time to time in the Carrier Price List) by
the applicable time of day/period in summary form and to complete and
carry out in the following matrix comprising of generic Interconnect
Usage Report as follows:
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TABLE A.1
----------------- ---------------------------------------- ---------------------------------------- --------------------------
Call Type Daytime Evening Weekend
----------------- ------------- ------------ ------------- ------------ ------------- ------------- ------------ -------------
as per Carrier Call# Duration Revenue Call# Duration Revenue Call# Duration
Price List N(D) M(D) R(D) N(E) M(E) R(E) N(W) M(W)
----------------- ------------- ------------ ------------- ------------ ------------- ------------- ------------ -------------
TOTAL (SIGMA)N(D) (SIGMA)M(D) (SIGMA)R(D) (SIGMA)N(E) (SIGMA)M(E) (SIGMA)R(E) (SIGMA)N(W) (SIGMA)M(W)
----------------- ------------- ------------ ------------- ------------ ------------- ------------- ------------ -------------
Call Type Weekend Total
------------------------------ ------------ ------------- ------------
as per Carrier Revenue Call# Duration Revenue
Price List R(W) N M R
------------------------------ ------------ ------------- ------------
TOTAL (SIGMA)R(W) (SIGMA)N (SIGMA)M (SIGMA)R
------------------------------ ------------ ------------- ------------
or such other form of Interconnect Usage Report as the Parties may from time to
time reasonably agree.
Where: N = the total number of Calls and where R = N x F; or
M = the total Chargeable Call Duration R = M x G; or
F = appropriate rate per Call R = (N x F) + (M x G)
G = appropriate rate per minute as appropriate in accordance with the Carrier Price List being
the amount to be shown on the relevant invoice.
for the relevant entry in the Carrier Price List.
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3.2 The Operator shall supply BT with Billing Information recorded by it
pursuant to paragraph 2.2 not later than ten Working Days after the end
of each Billing Period. Subject to receipt pursuant to paragraph 3.3.1
of the necessary TIBS Information (if any) from BT, the Operator shall,
not later than ten Working Days after the end of each Billing Period,
supply to BT the latest TIBS Billing Information and Refund Report.
3.3 BT shall supply the Operator with Billing Information as follows:
3.3.1 BT shall use its reasonable endeavours to supply to the
Operator on average four times each week the latest TIBS
Information and such other relevant information as may be
agreed from time to time in writing. Without prejudice to any
dispute resolution provision in this Agreement it is hereby
acknowledged that TIBS Information shall be relied upon by the
Operator to calculate charges payable by Operator Customers
using the Operator System;
3.3.2 BT shall supply to the Operator the Carrier Chargeband
Reference Data together with such other data as the Parties
may agree. Such Carrier Chargeband Reference Data (including
changes thereto) shall be supplied on a quarterly basis at
such times as shall be agreed on public access Internet or by
dial-up modem.
3.4 The Operator shall supply Billing Information in respect of the
Operator System to BT such information, being the Operator's equivalent
of the Billing Information contained in paragraph 3.3.2, to be supplied
at such time and in such form as BT may reasonably require. All Billing
Information provided under paragraphs 3.2 to 3.4 shall be sent by such
means as are described in the Billing Manual.
3.5 The Operator shall process the TIBS Information as soon as practicable.
If the Operator asks questions about the TIBS Information, it shall use
its reasonable endeavours to do so as soon as practicable after receipt
of the tapes or receipt by electronic transfer, as applicable. The
Operator shall return tapes (if any) to BT when the TIBS Information
has been processed.
3.6 The Parties acknowledge that the primary method of exchanging Billing
Information is the completion by the Billing Party of the appropriate
Interconnect Usage Report and the sending of such reports (or a summary
thereof) to the other Party.
3.7 The Billing Party shall store Billing Information in such summary
format and in such amounts as shall be sufficient to recalculate the
amounts due from one Party to the other to take account of changes in
the relevant entries of the Carrier Price List.
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3.8 If the System or the Billing System of either Party malfunctions and
fails to provide all of the Billing Information necessary for the
Billing Party to prepare an invoice, the other Party shall at the
request and reasonable expense of the Billing Party use its reasonable
endeavours to supply the missing Billing Information to the Billing
Party. There shall be no legal liability on the Billing Party for the
preparation of an incorrect invoice resulting from inaccuracies in such
Billing Information provided by the other Party to the Billing Party.
The Parties acknowledge that Billing Information supplied by the other
Party pursuant to this paragraph shall have been supplied via a
verification system (rather than a Billing System) and such other Party
cannot warrant that the information is free of error.
3.9 If the Parties' monitoring of their respective Billing Information
indicates a persistent inconsistency in reconciling Billing Information
provided by the Parties' respective Billing Systems, the Parties shall
use their reasonable endeavours to ascertain the cause of such
inconsistency, including, subject to the Parties agreement, the
reference of the matter for investigation and resolution by such
appropriate independent consultant as the Parties may agree, or in
default of agreement, as may be nominated by the President of the
Institute of Chartered Accountants in England and Wales. Such
independent consultant shall act as an expert and not as arbitrator and
whose decision, in the absence of manifest error, shall be final and
binding. The Parties shall co-operate in such investigation. The
independent consultant's costs for such investigation shall be paid by
the Parties in such proportions as the independent consultant shall
decide.
3.10 The Operator shall provide as part of the Billing Information,
information to identify the origin, type and destination of Calls in
sufficient detail to enable the calculation of BT's Access Deficit. For
each Call handed over to the Operator System by a Third Party
Operator's system, the Operator shall use its reasonable endeavours to
identify the Third Party Operator.
3.11 Save as may be otherwise provided in a Schedule, charges shall not be
payable under this Agreement by either Party to the other for the
conveyance of a Call if the Call is not connected when there is a
"ring" tone with no reply, an "engaged" tone or "number unobtainable"
tone.
3.12 For the avoidance of doubt, if a Chargeable Call Duration extends over
2 or more charge rate periods the Call shall be recorded as a single
Call in the charge rate period applying at the commencement of the Call
and the Chargeable Call Duration shall be apportioned and recorded in
each of the charge rate periods applicable to that Call.
4. INVOICES
4.1 At the end of each Billing Period the Billing Party shall use its
reasonable endeavours to submit to the other Party, within a reasonable
time, invoices
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for charges for Calls (including, without limitation, the Access
Deficit Contribution) and other services for which the Billing Party is
entitled to charge the other Party during such Billing Period.
4.2 Following the end of each Billing Period and provided that the relevant
Billing Information has been supplied in accordance with paragraph 3:
4.2.1 the Operator shall use its reasonable endeavours to submit to
BT invoices for charges for Calls and other services for which
the Operator is entitled to charge BT during such Billing
Period; and
4.2.2 BT shall use its reasonable endeavours to submit to the
Operator invoices for charges for services provided to the
Operator by BT (being services the subject of TIBS Billing
Information and Refund Reports) during such Billing Period and
save for international Transfer Charge Calls (to the extent
not previously invoiced) the two immediately preceding Billing
Periods;
4.2.3 for international Transfer Charge Calls the provisions of
paragraph 4.2.2 shall apply save that subject to the
provisions of 4.2.4 BT shall submit an invoice for an
international Transfer Charge Call not later than 10 months
from the date of such a Call;
4.2.4 BT shall use its reasonable endeavours to notify in writing
the Operator of any notification which BT has received from an
Authorised Overseas System, as a result of which notification,
BT reasonably expects that BT would not be capable of
submitting invoices for international Transfer Charge Calls
within the period specified in paragraph 4.2.3. Any such
notification to be sent to the Operator by BT shall be given
not later than 6 months from the date of the relevant
international Charge Calls. If such notification is given, BT
may submit an invoice after 10 months from the date of the
relevant international Transfer Charge Call.
4.3 All charges payable under this Agreement shall be calculated in
accordance with this Agreement and at the rates specified from time to
time in the Carrier Price List. Invoices for charges shall be invoiced
and paid for in accordance with paragraphs 14 and 15 of the main body
of this Agreement together with the relevant Schedule and the Carrier
Price List, as appropriate. Detailed invoicing procedures are described
in the Billing Manual.
4.4 For the avoidance of doubt, an invoice (including an invoice based on
estimated information) shall be dated as of the date of despatch of
that invoice.
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4.5 For services (other than Calls) the Billing Party shall provide with
the invoice appropriate Billing Information as described in the Billing
Manual to enable the non-billing Party to accurately process the
invoice for such services. Detailed invoicing procedures are described
in the Billing Manual.
4.6 If the Operator fails to supply to BT pursuant to paragraph 2 or
paragraph 3.2 Billing Information necessary for BT to deliver an
invoice under paragraph 4.2.2 (other than due to an act or omission of
BT) the following provisions shall apply:
4.6.1 BT may deliver an invoice ("estimated invoice") for an amount
due to BT for such period, such amount being equal to the
relevant amount contained in BT's invoice for the immediately
preceding Billing Period as increased for decreased by the
Relevant Percentage. For the purpose of this paragraph
"Relevant Percentage" means the percentage increase or
decrease in the aggregate amounts due to BT under this
Agreement over the last two months for which Billing
Information shall have been supplied by the Operator in
accordance with paragraphs 2 or 3.2.
4.6.2 Following the supply by the Operator of the necessary Billing
Information relating to the Billing Period for which an
estimated invoice has been delivered to BT the amounts due to
BT in respect of any subsequent invoice(s) submitted to the
Operator shall be adjusted accordingly by the amount over or
under paid by the Operator in respect of the estimated
invoice, save to the extent already paid or refunded:
4.6.3 Any payment due to BT (or any refund due to the Operator) as
appropriate shall be made pursuant to paragraph 4.6.2 together
with interest on such additional payment or refund, such
interest calculated at the Default Interest Rate as at the
date being 30 calendar days from the date of despatch of the
estimated invoice. Such interest shall be payable (in the case
of an additional payment due) from and including the day after
the Due Date, or (in the case of a refund) the later of the
date of payment of the original amount to be refunded and the
Due Date, in each case ending on the date of payment or, as
the case may be, the date of refund in full. Such interest
shall accrue from day to day and shall not be compounded.
4.7 A calculation of interest at the Oftel Interest Rate shall be
calculated on a daily basis from and including the date of payment of
the original amount to be adjusted up to and including the date on
which the adjusted amount is paid.
5. PAYMENT
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5.1 Subject as stated below, all charges due by one Party to the other
under this Agreement shall be payable by the Due Date.
5.2 If, pursuant to paragraph 6.1, either Party shall have notified the
other of a dispute relating to such invoice and such dispute shall not
have been resolved before the Due Date, and if the amount in dispute
represents:
5.2.1 less than 5 per cent. of the total amount (excluding VAT) of
the relevant invoice, the total amount invoiced; or
5.2.2 5 per cent. or more of the total amount (excluding VAT) of the
relevant invoice, the amount in dispute may be withheld until
the dispute is resolved and the balance;
shall be due and payable on the Due Date.
5.3 Notwithstanding notification of a dispute pursuant to paragraphs 6.1 or
6.5, if a Party fails to pay on the Due Date any amount due under this
Agreement or shall overpay any amount, the payee or, as the case may be
(subject to paragraph 5.5) the over-payer, shall pay or be paid
interest at the Default Interest Rate as at the Due Date or date of the
overpayment in respect of any such amount outstanding.
5.4 Interest at the Default Interest Rate shall be payable (for late
payment) from and including the day after the Due Date or (in the case
of a refund) the later of the date of payment of the original amount to
be refunded and the Due Date, in each case ending on the date of
payment or, as the case may be, refund in full. Such interest at the
Default Interest Rate shall accrue day by day and shall not be
compounded.
5.5 If such overpayment results from information provided by the overpayer
(which is not attributable to information provided by the payee Party),
the payee Party shall be under no obligation to pay any interest at the
Default Interest Rate on the amount overpaid.
5.6 If a recalculation and adjustment is required pursuant to paragraphs 12
or 13 of the main body of this Agreement, the amount of such adjustment
together with interest calculated at the Oftel Interest Rate shall be
calculated and paid accordingly.
5.7 Without prejudice to the provisions of paragraphs 5.1 to 5.5
(inclusive) a Party shall pay pursuant to paragraph 5.6 to the other
the amount of the adjustment together with interest calculated at the
Oftel Interest Rate calculated from the Due Date to the date on which
the adjustment is paid (both dates inclusive).
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5.8 VAT shall be added to all or any part of the charges under this
Agreement and shall be paid by the Party responsible for making such
payment.
6. DISPUTES
6.1 Each Party shall use its reasonable endeavours to resolve disputes with
the other. If either Party ("the disputing Party") disputes the
accuracy of an invoice delivered under this Agreement the disputing
Party shall, as soon as practicable, notify in writing the other
Party's billing liaison contact of the nature and extent of the
problem. If the problem remains unresolved on the last but one Working
Day before the date when the relevant invoice is due for payment, the
disputing Party may invoke the formal billing dispute procedures set
out in paragraph 6.2 by written notification to the other, such
notification to be given not later than five Working Days after the Due
Date of the relevant invoice. The disputing Party shall include with
such notice all details reasonably necessary to substantiate its claim,
which details shall be reasonably capable of being verified by the
other Party.
6.2 Following a notification made under paragraph 6.1 that either Party
wishes to invoke the formal billing dispute procedures, the Parties
shall consult and endeavour to resolve the dispute at level 1 of
consultation and if agreement cannot be reached within 15 Working Days,
shall escalate the disagreement to level 2. If agreement cannot be
reached within 10 Working Days at level 2, the matter shall be
escalated to level 3. Each Party shall inform the other in writing of
the name of its representative at each level of consultation. Subject
to paragraph 6.7, each Party shall use the above dispute resolution
procedure for any dispute under this Annex to the fullest extent to try
to resolve such dispute. The Parties may agree in writing to extend the
above timescales.
6.3 Notwithstanding the provisions of paragraph 6.1, if the Parties fail to
resolve any dispute either, in not less than two months (for a dispute
notified pursuant to paragraph 6.2), or, in not less than three months
(for a dispute notified pursuant to paragraph 6.5) in each case from
the Due Date of the relevant disputed invoice (or such extended period
as the Parties may agree) either Party may (by written notice to the
other to such effect) refer the dispute for investigation and
resolution by such chartered accountants as the Parties may agree, or
in default of agreement, as may be nominated by the President of the
Institute of Chartered Accountants in England and Wales. Such chartered
accountants shall act as an expert and not as arbitrator and whose
decision, in the absence of evidence of manifest error, shall be final
and binding. The Parties shall co-operate in such investigation and, if
any sums are found to be due or overpaid in respect of the disputed
invoice such sum shall be paid or refunded (with interest payable or
paid pursuant to paragraph 5.3), as the case may be, within 10 Working
Days from the date of resolution or earlier settlement between the
Parties.
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6.4 The costs of the chartered accountant agreed or nominated pursuant to
paragraph 6.3 shall be paid by the disputing Party unless the relevant
invoice is established to have been incorrect by more than the lesser
of (a) 5 per cent. of the total amount of the charges (excluding VAT)
specified in the invoice and (b) (pound)5,000 (excluding VAT), when the
Billing Party shall pay such costs.
6.5 Notwithstanding the provisions of paragraph 6.1 a Party may by written
notice raise a dispute regarding any invoice delivered under this
Agreement at any time following five Working Days after the Due Date,
save that no such notice shall be given more than 12 months after the
date of the relevant invoice. If notice under this paragraph 6.5 is
given after the latest date for giving notice specified in paragraph
6.1, the preceding provisions of this paragraph 6 shall apply mutatis
mutandis, save that in paragraph 6.2 in relation to the number of
Working Days "15" and "10" shall be substituted by "30" and "20",
respectively.
6.6 The above procedures are without prejudice to any other rights and
remedies that may be available in respect of any breach of any
provision of this Agreement.
6.7 Though it is the good faith intention of the Parties to use the above
dispute resolution procedures to the fullest extent to try to resolve
such a dispute, nothing in this Annex shall prevent either Party
seeking, obtaining or implementing interlocutory or other immediate
relief in respect of any dispute or referring, in accordance with any
right it may have under the other Party's Licence or its Licence, any
matter relating to this Annex or any dispute arising in relation to
this Annex, to the Director General requesting him to make a
determination or take other appropriate steps for its resolution.
7. "TIBS" SYSTEM CHANGE NOTIFICATION
7.1 BT shall notify the Operator by giving not less than 6 months written
notice if BT is proposing a replacement of, or fundamental change in
TIBS.
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ANNEX D
DEFINITIONS
In this Agreement, words and expressions have the following meanings:
"ACCESS CODE" a three or four digit code or a number
commencing with the digits 0800 followed by
a six or seven digit number which initiates
an Indirect Access Call;
"ACCESS DEFICIT CONTRIBUTION" the contribution to the funding of the BT
Access Deficit payable by the Operator to BT
pursuant to Condition 13.5A.3 and assessed
in accordance with Condition 13.5A.4 both
being Conditions of the BT Licence;
"ACO PERIOD" the period covered by an Advance Capacity
Order;
"ACT" Telecommunications Xxx 0000;
"ACTUAL CHARGE" the charge (or the means of calculating that
charge) for a Standard Service paid by a
Network Provider to BT in respect of the
whole or part of the Financial Year In
Question which is less than the Interim
Charge (whether as a result of the operation
of Condition 24F or following the consent of
the Director General to that lesser charge
pursuant to Condition 16B.5 being Conditions
of the BT Licence);
"ADDRESS COMPLETE MESSAGE" a signalling message required by the
originating System to indicate that
sufficient address digits have been received
and that a transmission path should be set
up;
"ADVANCE CAPACITY ORDER" that part of the Capacity Profile which sets
out the Capacity ordering intentions of the
relevant Party over the first four months of
the Capacity Profile and has the contractual
consequences outlined in Annex A;
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"AFN" the first three digits immediately after a
Director Area Number;
"AGREEMENT" this agreement, the Carrier Price List, the
Annexes, Schedules, Appendices and
Specifications;
"ANCILLARY SERVICE" (a) a service which does not solely
comprise the conveyance of Calls;
or
(b) a Call, except a Transfer Charge
Call, where the Calling Party is
not required to pay all of the
charges associated with that Call;
or
(c) a Call where the Calling Party is
charged at a rate which includes an
element over and above the charge
for conveyance of that Call;
"ANNEX" annex A, B, C or D attached to this
Agreement;
"ANSWER SIGNAL" the signal required by the originating
network to indicate that the transmission
path is complete;
"APPENDIX" an appendix to a Schedule in Annex C;
"APPROVED AUDITOR" a Party's auditor appointed in accordance
with the Companies Xxx 0000 or such firm of
chartered accountants which a Party may
(subject to the other Party's written
approval) appoint (such approval not to be
unreasonably withheld or delayed);
"ASR" the Answer Seize Ratio expressed as a
percentage of Calls, which were successfully
switched and which received an answer,
compared to Call attempts, during a
particular measurement period;
"ASSOCIATED COMPANY" in relation to a Party:-
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(a) its Subsidiary or Holding Company
of that Party or another Subsidiary
of such Holding Company; or
(b) an associated company (as defined
in Statement of Standard Accounting
Practice No. 1 issued by the
Institute of Chartered Accountants
in England and Wales) of that
Party's Holding Company;
"AUTHORISED OVERSEAS SYSTEM" has the meaning in schedule 1 part 1 of the
BT Licence as in force at the date of this
Agreement;
"BILLING INFORMATION" such information provided pursuant to Annex
B by one Party to the other including,
without limitation:
(a) such information as is necessary to
ascertain the charges payable by
each Party under this Agreement;
and
(b) Interconnect Usage Reports, TIBS
Billing Information and Refund
Reports, information provided by
INCA, and by the Operator's
equivalent of TIBS and/or INCA;
"BILLING PARTY" the Party to whom charges are payable by the
other Party pursuant to this Agreement;
"BILLING PERIOD" unless otherwise agreed in writing, the
period of a calendar month commencing on the
first day of a month;
"BILLING SYSTEM" a system to collate Billing Information and
prepare invoices relating to charges payable
by each Party under this Agreement;
"BRITISH ISLES" United Kingdom, Channel Islands, Isle of Man
and Republic of Ireland;
"BT" British Telecommunications public limited
company;
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"BT'S ACCESS DEFICIT" has the meaning given to Access Deficit in
Condition 13.5A.3 of the BT Licence as in
force at the date of this Agreement;
"BT ANALOGUE LOCAL EXCHANGE" a TXE 4 or TXE 4A analogue local Switch in
OR "BT ALE" the BT System;
"BT BASIC INTERNATIONAL INCOMING a Call, received by the Operator System from
CALL" an Authorised Overseas System, comprising
the minimum service features necessary to
support a speech path through the BT System,
handed over from the Operator System to the
BT System, destined for a telephone number
of a BT Network Termination Point, being a
Call available for the conveyance of
Messages;
"BT BASIC INTERNATIONAL OUTGOING a Call, destined for an Authorised Overseas
CALL" System, comprising the minimum service
features necessary to support a speech path
through the BT System, handed over from the
Operator System to the BT System if a rate
for such a Call is specified from time to
time in the Carrier Price List, being a Call
available for the conveyance of Messages;
"BT BASIC OPERATOR TO OPERATOR a Call comprising the minimum service
TRANSIT CALL" features necessary to support a speech path
through the BT System, handed over from the
Operator System to the BT System destined
for the Operator System, if a rate for such
a Call is specified from time to time in the
Carrier Price List being a Call available
for the conveyance of Messages;
"BT BASIC TELEPHONY CALL" a Call, comprising the minimum service
features necessary to support a speech path
through the BT System, handed over from the
Operator System to the BT System, destined
for a telephone number of a BT Network
Termination Point, being a Call available
for the conveyance of Messages;
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"BT BASIC TRANSIT CALL"
a Call comprising the minimum service
features necessary to support a speech path
through the BT System, handed over from the
Operator System to the BT System destined
for a Third Party Operator's system, being a
Call available for the conveyance of
Messages;
"BT CHARGE GROUP"
a geographical area designated from time to
time by BT, and used for retail charges as
specified in the BT Retail Price List;
BT DIGITAL LOCAL EXCHANGE" OR
"BT DLE"
a digital Switch in the BT System which
Switch connects by that Switch alone Calls
from analogue exchanges, RCUs or Exchange
Lines;
"BT DJSU"
a digital tandem Switch in the London
Director Area (currently known as a Digital
Junction Switching Unit) in the BT System
which provides access to certain BT Digital
Local Exchanges, BT DLTEs, BT ALEs and/or
other BT DJSUs in such Director Area and
adjacent BT Charge Groups;
"BT DLTE"
a digital Switch in the BT System which
Switch connects by that Switch alone Calls
from analogue exchanges, RCUs or Exchange
Lines and which provides access to directly
connected BT Digital Local Exchanges and
directly connected BT ALEs;
"BT DMSU"
a digital tandem Switch (currently known as
a Digital Main Switching Unit) in the BT
System, which provides access to other BT
Exchanges;
"BT EXCHANGE"
a BT Analogue Local Exchange, a BT Digital
Local Exchange, a BT DLTE, a BT Tandem
Exchange or a BT ISC and such other Switch
which the Parties may from time to time
agree is a BT Exchange;
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"BT INTERNATIONAL INCOMING CALL"
either a BT Basic International Incoming
Call or a BT ISDN International Incoming
Call;
"BT INTERNATIONAL OUTGOING CALL"
either a BT Basic International Outgoing
Call or a BT ISDN International Outgoing
Call;
"BT ISC"
a BT Exchange notified to the Operator
pursuant to paragraph 3.1.1 of Annex A which
is used exclusively for switching Calls to,
or received from Authorised Overseas
Systems;
"BT ISDN INTERNATIONAL INCOMING
CALL"
a Call, received by the Operator System from
an Authorised Overseas System, comprising
service features additional to the minimum
features necessary to support a speech path
through the BT System, being service
features described as bearer services,
teleservices or supplementary services in
the ETSI Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the Operator System to the
BT System, destined for a telephone number
of a BT Network Termination Point, being a
Call available for the conveyance of
Messages;
"BT ISDN INTERNATIONAL OUTGOING
CALL"
a Call, destined for an Authorised Overseas
System, comprising service features
additional to the minimum features necessary
to support a speech path through the BT
System, being service features described as
bearer services, teleservices or
supplementary services in the ETSI
Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the Operator System to the
BT System, if a rate for such a Call is
specified from time to time in the Carrier
Price List, being a Call available for the
conveyance of Messages;
"BT ISDN OPERATOR TO OPERATOR
TRANSIT CALL"
a Call comprising service features
additional to the minimum features
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necessary to support a speech path through
the BT System, being service features
described as bearer services, teleservices
or supplementary services in the ETSI
Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the Operator System to the
BT System, destined for the Operator System,
if a rate for such a Call is specified from
time to time in the Carrier Price List being
a Call available for the conveyance of
Messages;
"BT ISDN TELEPHONY CALL"
a Call, comprising service features
additional to the minimum features necessary
to support a speech path through the BT
System, being service features described as
bearer services, teleservices or
supplementary services in the ETSI
Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the Operator System to the
BT System, destined for a telephone number
of a BT Network Termination Point, being a
Call available for the conveyance of
Messages;
"BT ISDN TRANSIT CALL"
a Call comprising service features
additional to the minimum features necessary
to support a speech path through the BT
System, being service features described as
bearer services, teleservices or
supplementary services in the ETSI
Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the Operator System to the
BT System, destined for a Third Party
Operator's system, being a Call available
for the conveyance of Messages;
"BT LICENCE"
the licence granted to BT pursuant to
section 7 of the Act under which BT runs the
BT System;
"BT OPERATOR"
a person who answers Calls for directory or
operator assistance, Emergency Calls and
other similar Calls for BT;
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"BT OPERATOR TO OPERATOR
TRANSIT CALL"
either a BT Basic Operator to Operator
Transit Call or a BT ISDN Operator to
Operator Transit Call;
"BT PAYPHONE ACCESS LEVY"
the charge payable by the Operator for the
use of a BT Public Call Box or a BT
Temporary Call Box (each as defined in
Condition 11 of the BT Licence) to originate
a Call.
"BT PRS CALL"
a Call to a PRS:
(a) for which if such Call originated
on the BT System, the person
responsible for payment would pay a
charge higher than that which would
apply to a directly dialled BT
Telephony Call of equivalent
distance and duration; and
(b) where payment is made by BT to a BT
PRS Service Provider and where
payment takes into account the
number or duration of Calls to that
BT PRS Service Provider;
"BT PRS SERVICE PROVIDER"
a person having a contract with BT for the
delivery of BT PRS Calls;
"BT PRS SUB SERVICE PROVIDER"
a person having an arrangement for the
delivery of BT PRS Calls, whether or not
legally binding, with a BT PRS Service
Provider;
"BT RETAIL PRICE LIST"
the retail price list published by BT from
time to time pursuant to Condition 16 of the
BT Licence;
"BT SWITCH CONNECTION"
a BT Exchange at which Calls handed over:
(a) from the Operator System are
initially switched; or
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(b) to the Operator System are finally
switched;
by BT;
"BT SYSTEM"
the applicable system described in Annex A
of the BT Licence as in force at the date of
this Agreement;
"BT TANDEM EXCHANGE"
a BT DMSU or a BT DJSU;
"BT TELEMESSAGE"
has the meaning given to the term
"Telemessage" in the BT Retail Price List;
"BT TELEPHONY CALL"
either a BT Basic Telephony Call or a BT
ISDN Telephony Call;
"BT TRANSIT CALL"
either a BT Basic Transit Call or a BT ISDN
Transit Call;
"CALL"
a transmission path through
Telecommunication Systems for the sending of
Messages, and a reference to conveyance of a
Call by a Party means the establishment by
that Party of a transmission path through
that Party's System and the conveyance by
that Party in accordance with this Agreement
of a Message (if any) over such transmission
path;
"CALLED PARTY"
a person who receives a Call;
"CALLING PARTY"
a person who initiates a Call;
"CAPACITY"
capacity in units of 2 Mbit/s on
Interconnect Links;
"CAPACITY ORDER"
an order for Capacity placed by one Party on
the other, pursuant to Annex A;
"CAPACITY PROFILE"
a profile of future Capacity ordering
intentions over a 12 month period as
presented by one Party to the other pursuant
to Annex A;
"CAPACITY PROVISION"
the provision of new or additional Capacity;
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"CAPACITY RE-ARRANGEMENT"
the re-use of Capacity previously provided
by one Party to the other, where, in each
case, the Point of Connection and the
buildings containing the Switch Connections
remain the same;
"CARRIER PRICE LIST"
the price list having that name which
contains charges for Standard Services
consistent with the full list of Standard
Services maintained by BT pursuant to
Condition 16B.8 of the BT Licence, charges
for services provided by the Operator and
some other charges and information;
"CARRIER CHARGE BAND REFERENCE DATA"
such reference data (including EBC matrix,
complementary retail file and associated
files) as BT shall from time to time make
available to the Operator, being data for
the preparation and validation of Billing
Information for Calls;
"CHARGEABLE CALL"
a Call for which a charge is made pursuant
to this Agreement;
"CHARGEABLE CALL DURATION"
the duration of a Chargeable Call measured:
(a) for a Call (other than an
International Call), to the nearest
second (or such greater accuracy as
the Parties may agree in writing);
(b) for an International Call to not
less than the nearest second;
commencing with the receipt of an
Answer Signal and ceasing with the
receipt of a Release Signal at the
point of recording by the Party
recording the relevant Billing
Information;
"CLI"
has the meaning given to Calling Line
Identification in the draft "Code of
Practice for Network Operators in relation
to Calling Line Identification Display
Services and other Related Services" Version
6 dated 16
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November 1994 as the same may be amended or
replaced from time to time;
"COMPETITIVE STANDARD SERVICE"
a Standard Service the market for which is
determined by the Director General to be
competitive pursuant to Condition 16B.6 of
the BT Licence;
"CONDITION"
a condition of the BT Licence or the
Operator Licence as the case may be as in
force at the date of this Agreement, unless
otherwise stated;
"CONFIDENTIAL INFORMATION"
any information, in whatever form, which in
the case of written or electronic
information is clearly designated as
confidential and which, in the case of
information disclosed orally, is identified
at the time of disclosure as being
confidential or is by its nature
confidential and including such Confidential
Information already disclosed by either
Party to the other prior to the date of this
Agreement but excluding any information
which:
(a) is in or comes into the public
domain other than by reason of a
breach of this Agreement; or
(b) is previously known on a
non-confidential basis to the
Receiving Party at the time of its
receipt; or
(c) is independently generated,
developed or discovered at any time
by or for the Receiving Party; or
(d) is subsequently received from a
Third Party without any restriction
on disclosure;
"CONVEYANCE STANDARD SERVICE"
a Standard Service the charge for which may
be determined pursuant to Condition 13.5A of
the BT Licence;
"CUSTOMER"
as the context requires:
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(a) a person having a contract with
either or both Parties for the
provision of telecommunication
services by means of that Party's
System; or
(b) a user of telecommunication
apparatus directly connected to the
BT System or the Operator System;
or
(c) a person having a contract with a
reseller of telecommunication
services to be provided by means of
either the BT System or the
Operator System or a user of
telecommunication apparatus
authorised by that person;
"CUSTOMER SITED INTERCONNECT"
an Interconnect Link provided pursuant to
Schedule 130 of Annex C;
"CUSTOMER SERVICE PLAN"
a document containing details of
individuals, addresses and telephone numbers
for ordering or maintenance of the services
provided pursuant to this Agreement;
"D"
the first digit immediately following the
NNG;
"DATA MANAGEMENT AMENDMENT"
such reconfiguration of the BT System or the
Operator System as is necessary for access,
routing and charging of Calls;
"DAYTIME"
the period of time between 0800 and 1800 on
Monday to Friday or such other period of
time as shall be agreed between the Parties;
"DE"
the first two digits immediately following
the NNG;
"DEFAULT INTEREST RATE"
four per cent (4%) above the rate per annum
as displayed on the "LIBP" page (or such
other page whatever its designation on which
London Inter-Bank Offered Rates of major
banks for three months sterling
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deposits are for the time being displayed)
on the Reuters Monitor Money Rates Services
provided that if the offered rates of less
than two banks are so displayed then "LIBOR"
shall be the arithmetic mean as determined
by the Party charging interest of the
offered quotations of two leading clearing
banks in London, selected by such Party for
three months sterling deposits. Such
interest shall be calculated on a daily
basis;
"DIRECTOR AREA"
an area comprising certain major United
Kingdom conurbations which area is delimited
by a Director Area Number;
"DIRECTOR AREA NUMBER"
the code (excluding the leading zero)
comprising 3 digits for telephone numbers in
certain major United Kingdom conurbations;
"DIRECTOR GENERAL"
the Director General of Telecommunications;
"DISCLOSING PARTY"
a Party disclosing information to the other
Party;
"DISPUTE"
a disagreement between the Parties excluding
breaches of this Agreement;
"DUE DATE"
a date which is 30 calendar days after the
date of an invoice;
"E"
the first digit immediately following the D;
"EFFECTIVE DATE"
a date referred to by that name in the
Carrier Price List or in a Schedule being
the date on which a charge or a variation of
a charge referred to in the Carrier Price
List or a Schedule takes effect;
"EMERGENCY CALL"
a 999 or 112 Call handed over from the
Operator System to the BT System;
"EMERGENCY CENTRE"
premises where BT Operators answer Emergency
Calls;
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"EMERGENCY ORGANISATION"
the relevant local public police, fire,
ambulance and coastguard services and other
similar organisation providing assistance to
the public in emergencies;
"ETSI"
the European Telecommunications Standards
Institute;
"EVENING"
periods of time not being either Daytime or
Weekend or such other period of time as
shall be agreed between the Parties;
"EXCHANGE LINE"
has the meaning in schedule 1 part 1 of the
BT Licence as in force at the date of this
Agreement;
"FINAL CHARGE"
in the case of charges payable to BT the
charge (or the means of calculating that
charge) for a Standard Service (other than a
Competitive Standard Service) for each
Financial Year In Question recalculated and
redetermined by the Director General based
on the Financial Statement for the Financial
Year In Question in accordance with
Condition 13.5A.3B or 13.5C.6 of the BT
Licence; and
in the case of charges payable to the
Operator the charge (or the means of
calculating that charge) for a service
provided by the Operator to BT for each
Financial Year In Question agreed between
the Parties in writing or determined by the
Director General based on the audited
figures relating to that service for the
relevant year or, if those figures are not
available, the most recent audited figures
which are available or, if no audited
figures are available the best information
available to the Director General in
accordance with Condition 13.5B.1A of the BT
Licence;
"FINANCIAL STATEMENT"
has the meaning in Condition 20B of the BT
Licence;
"FINANCIAL YEAR"
a period of one year used for accounting
purposes;
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"FINANCIAL YEAR IN QUESTION"
a period of one year ending each 31 March in
respect of which a charge is payable for
services provided during that year;
"FORECAST"
unless otherwise specified, has the meaning
in Condition 13.5A.3A of the BT Licence;
"FRBS STATEMENT"
has the meaning in Condition 13.5A.3C (b) of
the BT Licence;
"FULLY PROVIDED"
Capacity on a Traffic Route which will carry
all the relevant Traffic Streams at the
planned grade of service;
"G703 INTERFACE"
an interface meeting the requirements of
ITU-T Recommendation G703 (Geneva 1991);
"GENERIC ELECTRICAL AND
PHYSICAL INTERFACE SPECIFICATION"
BT's Generic Electrical and Physical
Interface Specification, as amended or
substituted from time to time with the
Parties' agreement including without
limitation changes pursuant to paragraphs
3.2 or 3.3 of Annex A;
"GENERIC SDH INTERFACE
SPECIFICATION"
BT's Generic Synchronous Digital Hierarchy
Interface Specification, as amended or
substituted from time to time with the
Parties' agreement including without
limitation changes pursuant to paragraphs
3.2 and 3.3 of Annex A;
"GENERIC C7 SIGNALLING
INTERFACE SPECIFICATION"
BT's Generic C7 Signalling Interface
Specification, as amended or substituted
from time to time with the Parties'
agreement including without limitation
changes pursuant to paragraphs 3.2 or 3.3 of
Annex A;
"GENERIC TRANSMISSION
INTERFACE SPECIFICATION"
BT's Generic Transmission Interface
Specification, as amended or substituted
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from time to time with the Parties'
agreement including without limitation
changes pursuant to paragraphs 3.2 or 3.3 of
Annex A;
"GSM"
Global System for Mobile Communications;
"HOLDING COMPANY"
has the meaning in sections 736 and 736A of
the Companies Xxx 0000;
"INCA"
BT's Inter Network Call Accounting System as
the same may be developed from time to time;
"INCOMING CALLS"
Calls handed over at a Point of Connection
by BT to the Operator other than Indirect
Access Calls;
"INDIRECT ACCESS CALL"
a Call where a Calling Party on one Party's
System has chosen to convey that Call to the
other Party's System by prefixing that Call
with an Access Code;
"IN-SPAN INTERCONNECT"
an Interconnect Link provided pursuant to
Schedule 01;
"INTELLECTUAL PROPERTY RIGHTS"
any patent, xxxxx patent, registered design,
registered trade or service xxxx, copyright,
design right, semi-conductor topography
right, know-how or any similar right
exercisable in any part of the world
including any application therefor;
"INTERCONNECT EXTENSION CIRCUIT" OR
"IEC"
a Link, being part of a 2Mbit/s ISI
Interconnect Link, between the Muliplexor in
a Remote Switch Connection and the
Multiplexor terminating the ISI Interconnect
Link;
"INTERCONNECT LINK"
a Link connecting a BT Switch Connection and
an Operator Switch Connection passing
through a Point of Connection;
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"INTERCONNECT USAGE REPORT"
a report in the same or substantially the
same form as specified in the Billing
Manual;
"INTERIM CHARGE"
in the case charges payable to BT the charge
(or the means of calculating that charge)
for a Standard Service (other than a
Competitive Standard Service) for each
Financial Year In Question determined by the
Director General in accordance with
Condition 13.5A.3A or 13.5C.6 of the BT
Licence; and
in the case of charges payable to the
Operator the charge (or the means of
calculating that charge) for a service
provided by the Operator to BT for each
Financial Year In Question agreed between
the Parties in writing or determined by the
Director General in accordance with
Condition 13.5B.1A of the BT Licence;
"INTERNATIONAL CALL"
a Call received by the BT System from:
(a) an Authorised Overseas System; or
(b) the Operator System destined for an
Authorised Overseas System; or
a Call received by the Operator System from:
(a) an Authorised Overseas System, or
(b) the BT System destined for an
Authorised Overseas System;
"INTRABUILDING LINK"
a connection between a BT or an Operator
Switch Connection and the G703 Interface on
the Multiplexor forming part of an
Interconnect Link;
"INVOICE DATE"
the date on which an invoice is despatched;
"ISI INTERCONNECT LINK"
a portion of an Interconnect Link being that
cable (or fibres within that cable) and
LTE's between an Operator building and a BT
building over which a number of
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2Mbit/s ISI Interconnect Links are provided;
"ITU-T"
the Telecommunications Standards Bureau
(formerly the International Telegraph and
Telephone Consultative Committee) of the
International Telecommunications Union;
"LAND MOBILE RADIO SERVICE"
has the meaning in Condition 18 of the BT
Licence;
"LICENCE"
the BT Licence or, as the context requires,
the Operator Licence;
"LINK"
telecommunication apparatus (which has the
meaning in paragraph 1 (1) of schedule 2 to
the Act as in force at the date of this
Agreement) necessary to establish one or
more transmission paths;
"MANUAL"
manual referred to in this Agreement of
working practices between the Parties;
"MESSAGE"
has the meaning in schedule 1, part 1 of the
BT Licence as in force at the date of this
Agreement;
"MOBILE CALL"
a Call to an Operator Customer using a
mobile handset if the Operator Customer
using mobile terminal apparatus would
receive that Call by means of wireless
telegraphy if the handset was switched on
and within range of a base transceiver
station forming part of the Operator System
unless:
(a) the Operator Customer on a
temporary basis has chosen to
divert that Call to another number;
or
(b) the Operator System when the mobile
handset is turned off or out of
range from a base transceiver
station returns a message to that
effect to the Calling Party;
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"MULTIPLEXOR"
the multiplexing equipment which serves an
Intrabuilding Link and where appropriate an
IEC;
"NETWORK PROVIDER"
in relation to each Standard Service, any
person who has required it, and with whom BT
is obliged to enter into an agreement to
provide that Standard Service under
Condition 13 of the BT Licence;
"NETWORK TERMINATION POINT"
has the meaning in schedule 1 part 1 of the
BT Licence as in force at the date of this
Agreement;
"NEW CHARGE"
a charge for a Standard Service, which is
less than the charge for that Standard
Service as determined by the Director
General pursuant to Condition 13, following
the consent of the Director General pursuant
to Condition 16B.5 both being Conditions of
the BT Licence;
"NICC"
Network Interoperability Consultative
Committee;
"NNG"
a national number group being the code
(excluding the leading zero) comprising for
UK telephone numbers (a) for geographical
numbers (excluding Director Area Number,)
four digits (b) for non-geographic numbers,
three digits;
"NON CONVEYANCE STANDARD SERVICE"
a Standard Service which is not a Conveyance
Standard Service;
"NUMBER RANGE"
Director Area Number, NNG, AFN, D, E, and/or
DE as appropriate;
"NUMBER TRANSLATION SERVICES CALL"
a Call to non-geographic telephone numbers
(other than a Calls destined for a mobile
handset) if the Party receiving the Call
translates the dialled digits and routes the
Call in accordance with such translation,
including without limitation, PRS Calls,
Local Call Fee Access Services Calls,
Freephone Calls, National Call Services
Calls and other specially charged services;
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"OCHC"
an operator Call handling centre which
routes Calls to BT Operators from Customers
seeking assistance with connection to
another telephone number;
"OFTEL INTEREST RATE"
three eighths of one per cent (3/8%) above
the London Inter Bank Offered Rate being the
rate per annum of the offered quotation for
sterling deposits for delivery on the due
date for payment for a period of three
months as displayed on page 3750 on the
Telerate Service (or any other page that may
replace page 3750 on that service) at or
about 11 am London time on the due date of
payment provided that if such a rate is not
so displayed London Inter Bank Offered Rate
shall mean the rate quoted by National
Westminster Bank PLC to leading banks in the
London interbank market at or about 11 am
London time on the due date of payment for
the offering of sterling deposits of a
comparable amount for a period of three
months. Such interest shall be calculated on
a daily basis;
"OPERATOR"
the other Party to this Agreement;
"OPERATOR BASIC BT TO BT TRANSIT
CALL"
a Call comprising the minimum service
features necessary to support a speech path
through the BT System, handed over from the
BT System to the Operator System destined
for the BT System, if a rate for such a Call
is specified from time to time in the
Carrier Price List, being a Call available
for the conveyance of Messages;
"OPERATOR BASIC INTERNATIONAL
INCOMING CALL"
a Call, received by the BT System from an
Authorised Overseas System, comprising the
minimum service features necessary to
support a speech path through the BT System,
handed over from BT System to the Operator
System destined for a telephone number of an
Operator Network Termination Point, if a
rate for such a Call is specified from time
to time in the Carrier Price List, being a
Call available for the conveyance of
messages;
"OPERATOR BASIC INTERNATIONAL
OUTGOING CALL"
a Call, destined for an Authorised Overseas
System, comprising the minimum service
features necessary to support a speech path
through the BT System, handed over from the
BT System to the Operator System, if a rate
for such a Call is specified from time to
time in the Carrier
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Price List, being a Call
available for the conveyance of Messages;
"OPERATOR BASIC TELEPHONY CALL"
a Call, comprising the minimum service
features necessary to support a speech path
through the BT System, handed over from the
BT System to the Operator System, destined
for a telephone number of an Operator
Network Termination Point, being a Call
available for the conveyance of Messages;
"OPERATOR BASIC TRANSIT CALL"
a Call comprising the minimum service
features necessary to support a speech path
through the BT System, handed over from the
BT System to the Operator System destined
for a Third Party Operator's system, if a
rate for such a Call is specified from time
to time in the Carrier Price List being a
Call available for the conveyance of
Messages;
"OPERATOR BT TO BT TRANSIT CALL"
either an Operator Basic BT to BT Transit
Call or an Operator ISDN BT to BT Transit
Call;
"OPERATOR EXCHANGE"
an Operator Local Exchange, Operator Mobile
Exchange or Operator Tandem Exchange and
such other Switch which the Parties may from
time to time agree is an Operator Exchange;
"OPERATOR INTERNATIONAL
INCOMING CALL"
either an Operator Basic International
Incoming Call or an Operator ISDN
International Incoming Call;
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"OPERATOR INTERNATIONAL
OUTGOING CALL"
either an Operator Basic International
Outgoing Call or an Operator ISDN
International Outgoing Call;
"OPERATOR ISDN BT TO BT TRANSIT
CALL"
a Call comprising service features
additional to the minimum features necessary
to support a speech path through the BT
System, being service features described as
bearer services, teleservices or
supplementary services in the ETSI
Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the BT System to the
Operator System, destined for the BT System,
if a rate for such a Call is specified from
time to time in the Carrier Price List being
a Call available for the conveyance of
Messages;
"OPERATOR ISDN INTERNATIONAL
INCOMING CALL"
a Call, received by the BT System from an
Authorised Overseas System, comprising
service features additional to the minimum
features necessary to support a speech path
through the BT System, being service
features described as bearer services,
teleservices or supplementary services in
the ETSI Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the BT System to the
Operator System, destined for a telephone
number of an Operator Network Termination
Point, if a rate for such a Call is
specified from time to time in the Carrier
Price List, being a Call available for the
conveyance of Messages;
"OPERATOR ISDN INTERNATIONAL
OUTGOING CALL"
a Call, destined for an Authorised Overseas
System, comprising service features
additional to the minimum features necessary
to support a speech path through the BT
System, being service features described as
bearer services, teleservices or
supplementary services in the ETSI
Memorandum of Understanding on the
Implementation of European ISDN Service,
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handed over from the BT System to the
Operator System, if a rate for such a Call
is specified from time to time in the
Carrier Price List, being a Call available
for the conveyance of Messages;
"OPERATOR ISDN TELEPHONY CALL"
a Call, comprising service features
additional to the minimum features necessary
to support a speech path through the BT
System, being service features described as
bearer services, teleservices or
supplementary services in the ETSI
Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the BT System to the
Operator System, destined for a telephone
number of an Operator Network Termination
Point, being a Call available for the
conveyance of Messages;
"OPERATOR ISDN TRANSIT CALL"
a Call comprising service features
additional to the minimum features necessary
to support a speech path through the BT
System, being service features described as
bearer services, teleservices or
supplementary services in the ETSI
Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the BT System to the
Operator System, destined for a Third Party
Operator's system, if a rate for such a Call
is specified from time to time in the
Carrier Price List being a Call available
for the conveyance of Messages;
"OPERATOR LICENCE"
the licence granted to the Operator pursuant
to section 7 of the Act under which the
Operator runs the Operator System;
"OPERATOR LICENSED AREA"
the geographical area in which the Operator
is permitted pursuant to the Operator
Licence to provide telecommunication
services;
"OPERATOR LOCAL EXCHANGE"
a digital Switch, except an Operator Mobile
Exchange, in the Operator System which
Switch connects by that Switch alone Calls
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from Network Termination Points in the
Operator System;
"OPERATOR MOBILE EXCHANGE"
a digital Switch in the Operator's System
which Switch connects by that Switch those
Calls from base stations and/or base station
controllers in the Operator System providing
a Land Mobile Radio Service for handsets;
"OPERATOR'S OPERATOR"
a person who answers Calls for directory or
operator assistance or other similar Calls
for the Operator;
"OPERATOR PRS CALL"
a Call to a PRS:
(a) for which if originated on the
Operator System, the person
responsible for payment would pay
at a rate higher than that which
would apply to a directly dialled
Operator Telephony Call of
equivalent distance and duration;
and
(b) if payment is made by the Operator
to a Operator PRS Service Provider
and if payment takes into account
the number or duration of Calls to
that the Operator PRS Service
Provider;
"OPERATOR PRS SERVICE PROVIDER"
a person having a contract with the Operator
for the delivery of Operator PRS Calls;
"OPERATOR PRS SUB SERVICE PROVIDER"
a person having an arrangement for the
delivery of Operator PRS Calls, whether or
not legally binding, with an Operator PRS
Service Provider, directly or indirectly;
"OPERATOR SYSTEM"
the Telecommunication System run by the
Operator pursuant to the Operator Licence as
in force at the date of this Agreement;
"OPERATOR SWITCH CONNECTION"
an Operator Exchange at which Calls handed
over:
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(a) from the BT System are initially
switched; or
(b) to the BT System are finally
switched;
by the Operator;
"OPERATOR TANDEM EXCHANGE"
a digital tandem Switch in the Operator
System which provides access to Operator
Local Exchanges or Operator Mobile
Exchanges;
"OPERATOR TELEPHONY CALL"
either an Operator Basic Telephony Call or
an Operator ISDN Telephony Call;
"OPERATOR TRANSIT CALL"
either an Operator Basic Transit Call or an
Operator ISDN Transit Call;
"OUTGOING CALL"
a Call handed over at a Point of Connection
by the Operator to BT;
"PARENT BT EXCHANGE"
a BT Tandem Exchange which has a direct
connection to a BT DLE, BT DLTE or BT ALE
for the conveyance of Calls in the ordinary
course of business;
"PARTY"
a party to this Agreement;
"PATH PROTECTION"
resilience improvement of an ISI
Interconnect Link as described in Schedule
01 of Annex C;
"PDH"
plesiochronous digital hierarchy;
"POINT OF CONNECTION"
a physical point where the BT System and the
Operator System are connected for Calls to
be handed over from one System to the other;
"PRE-INTERIM CHARGE"
If the Director General has not determined
the Interim Charge (or the means of
calculating that charge) for the Financial
Year In Question;
in the case of charges payable to BT, for
each Standard Service (other than a
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Competitive Standard Service), the charge
fixed by BT for each such Standard Service;
and
in the case of charges payable to the
Operator, for each service provided by the
Operator to BT, the charge fixed by the
Operator for each such service;
"PRS" OR "PREMIUM RATE SERVICE"
an entertainment or information service:
(a) which is accessed by means of a
Call and consists of, or includes
the sending of, speech, music,
other sounds or signals to the
Calling Party; and
(b) for which payment is made by means
of Call charges;
"PRS FRAUD"
either:
a loss suffered by the Operator because of
the non payment of charges for BT PRS Calls,
in circumstances when the BT PRS Service
Provider or the BT PRS Sub Service Provider
organises or arranges for BT PRS Calls to be
made to his PRS in circumstances when there
is a reasonable expectation that the Calling
Party or the person responsible for payment
does not intend to pay or will seek to avoid
payment for all or part of the Call charges;
or
a loss suffered by BT because of the non
payment of charges for Operator PRS Calls,
in circumstances when the Operator PRS
Service Provider or the Operator PRS Sub
Service Provider organises or arranges for
Operator PRS Calls to be made to his PRS in
circumstances when there is a reasonable
expectation that the Calling Party or the
person responsible for payment does not
intend to pay or will seek to avoid payment
for all or part of the Call charges;
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"PURCHASER"
the Party to whom Capacity is provided by
the Supplier;
"QUALITY SCHEDULE"
has the meaning in Condition 17C of the BT
Licence;
"QUARTER DAYS"
1 January, 1 April, 1 July and 1 October in
each and every year;
"RCU"
a remote concentrator unit supported by a BT
DLTE or a BT DLE;
"READY FOR SERVICE DATE"
the date on which testing of Capacity at a
Switch Connection is satisfactorily
completed and such Capacity is ready for
service (in accordance with this Agreement);
"READY FOR TEST DATE"
the date on which Capacity at a Switch
Connection is Ready for Testing;
"READY FOR TESTING"
when the Supplier has satisfactorily
completed the provisioning of that part of
an Interconnect Link that is under his
direct control;
"RECEIVING PARTY"
a Party receiving information from the
Disclosing Party;
"RELEASE SIGNAL"
a signal which indicates that the
transmission path of a Call has been
disconnected;
"RELEVANT CONNECTABLE SYSTEM"
has the meaning in Condition 13.9 of the BT
Licence;
"REMOTE SWITCH CONNECTION"
a BT Switch Connection or an Operator Switch
Connection which:
(a) is accessed via a BT or Operator
building notified from time to time
pursuant to paragraph 3 of Annex A
as being suitable for supporting
IECs; and
(b) is connected by an BT IEC or an
Operator IEC, as the context
requires;
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"REVIEW DATE"
a date referred to by that name in this
Agreement or in a Schedule which entitles
either Party to serve a review notice
seeking to amend the charges referred to in
the Carrier Price List or in that Schedule;
"ROUTE AUGMENTATION"
additional Capacity on an established
Traffic Route;
"ROUTE TYPE"
the segregation of Capacity within a Traffic
Route for the conveyance of certain Traffic
Types;
"SCHEDULE"
a schedule in Annex C of this Agreement;
"SDH"
synchronous digital hierarchy;
"SIGNALLING LINK"
a 64 Kbit/s digital path within a 2 Mbit/sec
Interconnect Link between two ITU-T 7
signalling nodes which is used for
signalling;
"SIGNALLING LINK SET"
a pair of Signalling Links each within a
separate 2 Mbit/s system on an Interconnect
Link;
"SPECIFICATION"
one of the Generic Electrical and Physical
Interface Specification, the Generic C7
Signalling Interface Specification, the
Generic Transmission Interface Specification
and the Generic SDH Interface Specification;
"STANDARD SERVICE"
a service, including, without limitation, a
Competitive Standard Service, which a
Network Provider has required from BT and
which BT is obliged to provide, or to enter
into an agreement to provide, under
Condition 13 of the BT Licence;
"SUBSIDIARY"
has the meaning in sections 736 and 736A of
the Companies Xxx 0000;
"SUPPLIER"
the Party providing Capacity to the other
Party;
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"SWITCH"
telecommunication apparatus within a System
which performs the function of switching and
routing Calls;
"SWITCH CONNECTION"
a BT Switch Connection or, as the context
requires, an Operator Switch Connection;
"SYSTEM"
the BT System or, as the context requires,
the Operator System;
"SYSTEM ALTERATION"
a change (other than a Data Management
Amendment) to a Party's System, which
requires a change to be made to the other
Party's System to allow the continuance of
the conveyance of Calls across a Point of
Connection pursuant to this Agreement;
"TARGET PERFORMANCE"
has the meaning in Condition 17C of the BT
Licence;
"TECHNICAL MASTER PLAN"
a document recording details of the Points
of Connection and the plans for development
of further Points of Connection;
"TECHNICAL REVIEW MEETING"
a technical meeting pursuant to paragraph 13
of Annex A;
"TELECOMMUNICATION SYSTEM"
a telecommunication system within the United
Kingdom as defined in section 4 of the Act
or an Authorised Overseas System;
"THIRD PARTY"
a person other than BT or the Operator;
"THIRD PARTY INTERCONNECT"
interconnect using a Third Party ISI
Interconnect Link;
"THIRD PARTY INTERCONNECT
AGREEMENT"
either:
(a) an agreement between BT and a Third
Party Operator pursuant to
Condition 13 as it applies from
time to time of the BT Licence or
the equivalent Condition of the
Third Party Operator licence; or
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(b) an agreement between the Operator
and a Third Party Operator pursuant
to the Condition equivalent to
Condition 13 of the BT Licence
contained in either the Operator or
Third Party Operator licences;
"THIRD PARTY ISI INTERCONNECT LINK"
an Interconnect Link as defined in Schedule
01;
"THIRD PARTY OPERATOR"
a person being neither the Operator nor BT
who is licensed under the Act to run a
Relevant Connectable System;
"TIBS"
BT's Telecommunications Input Billing
System, which records information on certain
Calls which use the services of a BT
Operator or the operator of a Third Party;
"TIBS BILLING INFORMATION
AND REFUND REPORT"
reports in the same or substantially the
same form as in the Billing Manual;
"TIBS INFORMATION"
itemised Call records of the services
provided by BT Operators or the operator of
a Third Party to the Operator which would
have resulted in a charge from BT had the
Calling Parties been BT Customers, together
with reports relating to Transfer Charge
Calls, ineffective calls, and any other
records which will result in charges to be
paid by or to the Operator for such
services;
"TRAFFIC FORECAST"
a forecast of traffic at a BT Switch
Connection or Operator Switch Connection,
such forecast provided by one Party to the
other pursuant to paragraph 8 of Annex A;
"TRAFFIC ROUTE"
discrete and identifiable units of 2 Mbit/s
Capacity within an Interconnect Link;
"TRAFFIC STREAM"
a group of Calls carried from a specific
place in one Party's System to a specific
place in the other Party's System;
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"TRAFFIC TYPE"
a different identifiable type of Call;
"TRANSFER CHARGE CALL"
a Call for which the Called Party is
requested and agrees to pay the cost of a
Call from the Calling Party;
"VAT"
United Kingdom Value Added Tax;
"WEEKEND"
period of time between 2400 on Friday and
2400 on Sunday or such other period of time
as shall be agreed between the Parties;
"WORKING DAY"
any day other than Saturdays, Sundays,
public or bank holidays in the United
Kingdom.
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ANNEX C
INDEX
SCHEDULE
NUMBER TITLE
JOINT SERVICES
01 In-span Interconnect (ISI), Third Party ISI & Interconnect
Extension Circuits
04 Number Portability
05 Reciprocal Ring Back When Free Service
BT SERVICES
101 BT Telephony Calls to the BT System
102 BT Transit Calls via the BT System
103 BT Operator to Operator Transit Calls via the BT System
104 BT International Outgoing Calls to Authorised Overseas Systems
via the BT System
110 Freefone(TM) 0800 Calls
111 Lo-Call(TM) 0345 Calls
112 BT Premium Rate Service Calls
116 National Call(TM) 0990 Calls
117 Phone Base(TM) Calls
118 BT Timeline(TM) Service
120 National Operator Assistance Service
121 Directory Enquiry Service
122 International Operator Assistance Service
123 International Directory Enquiry Service
124 Emergency Service
125 Emergency Service (including Post Code allocation for Fixed
Emergency Calls)
126 Radiotelephone Calls
130 Customer Sited Interconnect
140 Data Management Amendments
150 Entries in BT's Number Information System (NIS) and Phone
Books
152 Supply of BT Phone Books
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153 Supply of Customised Telephone Directories
154 Licence to Use the BT's NIS Database
155 Accesss to the BT DAS Database using Operator Services
Customer Access and Security System (OSCASS)
OPERATOR SERVICES
541 Operator Telephony Calls to the Operator System
545 Operator International Incoming Calls from Authorised Overseas
Systems via the BT System handed over to the Operator System
546 Operator BT to BT Transit Calls (Ported) via the Operator System
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ANNEX C
SCHEDULE 01
IN SPAN INTERCONNECT (ISI), THIRD PARTY ISI
& INTERCONNECT EXTENSION CIRCUITS
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix, unless
stated otherwise, is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"2MBIT/S ISI INTERCONNECT LINK" an Interconnect Link comprising a 2Mbit/s
path (within an ISI Interconnect Link), two
Intrabuilding Links, Multiplexor service and
as appropriate, a Signalling Link and/or one
or two Interconnect Extension Circuits;
"ADDITIONAL LINK" a Link, being part of an Interconnect Link,
between a Third Party Operator building, and
an Operator building, or (as the context
requires), a BT building;
"EXISTING LINK" an ISI Interconnect Link between BT and a
Third Party Operator;
"PATH PROTECTION" the facility of two transmission paths
providing a particular ISI Interconnect Link
whereby the failure of one transmission path
causes the transmission of the ISI
Interconnect Link to switch to the
alternative;
"THIRD PARTY ISI INTERCONNECT LINK" an ISI Interconnect Link comprising an
Additional Link and an Existing Link.
2. DESCRIPTION OF SERVICE
2.1 This Schedule applies to the joint provision by the Parties of
In span Interconnect and/or Third Party ISI Interconnect
Links, the provision by either Party of an IEC and the
provision by BT of Path Protection.
2.2 In span Interconnect (ISI) is the provision jointly by each
Party of an Interconnect Link by the provision of an ISI
Interconnect Link and 2Mbit/s ISI Interconnect Links, such
Link having its Point of Connection on the
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public highway or, subject to the Parties' agreement, on a
prospectively maintainable public highway, with portion of the
Interconnect Link being provided by each Party on its side of
the Point Of Connection.
2.3 For the purposes of this Schedule, "unidirectional Calls"
shall be those Calls for which a Party has responsibility
pursuant to paragraph 5.1.3 of Annex A.
3. GENERAL
3.1 Upon a Party's (the requesting Party) request, the other Party
shall, in accordance with the provisions of this Schedule and
Annex A, provide the relevant portion of the ISI Interconnect
Links using either SDH or PDH technology (subject to that
other Party supporting the technology).
3.2 The Point of Connection of an ISI Interconnect Link is the
point where a Party's duct is joined to the wall of the other
Party's jointing chamber.
3.3 The Point of Connection of an ISI Interconnect Link or a Third
Party ISI Interconnect Link shall not be located at such
distance from the other Party's Switch Connection that signal
regeneration is required to be carried out by such other
Party.
3.4 Forecasting, technical interfaces and their application,
provisioning leadtimes and test procedures are specified in
Annex A.
4. PROVISION OF IN-SPAN INTERCONNECT ("ISI")
4.1 A Party (the requesting Party) may request an Interconnect
Link to convey Calls (a) from the requesting Party's System;
or (b) both to and from its System.
4.2 The Parties shall agree the number of pairs of fibres to be
equipped within the ISI Interconnect Links to take account of
the forecast requirement for 2Mbit/s ISI Interconnect Link.
The Parties shall co-operate to ensure that the capacity of
the ISI Interconnect Link is augmented from time to time to
meet both Parties' forecast transmission capacity
requirements.
4.3 Procedures for the installation of the Interconnect Link and
of the 2Mbit/s ISI Interconnect Links are described in the
Provisioning Manual and ongoing maintenance arrangements are
described in the Operations and Maintenance Manual.
4.4 2Mbit/s ISI Interconnect Links shall be ordered in accordance
with Annex A. The timescales for the provision of 2Mbit/s ISI
Interconnect Links are detailed in paragraph 11 of Annex A.
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4.5 The requesting Party shall nominate the other Party's Switch
Connection in accordance with the provisions of Annex A.
4.6 The ISI Interconnect Link shall be established by the
requesting Party installing its cable to the other Party's
jointing chamber (at, subject to paragraphs 4.7 and 4.10, a
precise physical location agreed between the Parties) where it
shall be:
4.6.1 jointed to the other Party's cable in the jointing
chamber; or
4.6.2 handed over to the other Party to be drawn by the other
Party into:
(a) that other Party's building, (which shall be the
building housing the Switch Connection, (except if
an IEC is provided under paragraph 7, when the other
Party's building is ascertained pursuant to
paragraph 7.4)); or
(b) another jointing chamber,
if the requesting Party's cable meets the standard specified
in the Operational Provisioning Manual
4.7 If, pursuant to paragraphs 4.10.2 and/or 4.11, the Parties
locate the jointing chamber at a distance which is greater
than 100 Metres from the other Party's curtilage of the
building housing the LTE of the ISI Interconnect Link, the
requesting Party shall pay for:
4.7.1 duct charges (if any); and
ISI Interconnect Link rental charges on the distance which
is more than 100 metres from the other Party's curtilage
aforesaid
subject to the provisions of paragraph 11.4, in accordance
with the relevant charges specified from time to time in the
Carrier Price List.
4.8 Subject to paragraphs 4.7 and 4.10:
the jointing chamber for an ISI Interconnect Link shall be
provided, owned and maintained by the other (i.e. the non
requesting Party) Party at its own expense; and
4.8.2 each Party will provide, own, maintain and be responsible
for all ducting, plant and equipment and will bear its own
costs for the ducting, cabling and maintenance of the ISI
Interconnect Link on its side of the Point of Connection;
and
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4.8.3 if continuous cable is used, the requesting Party hereby
agrees that ownership of that part of the cable on the
other Party's side of the Point of Connection passes to the
other Party.
ISI INTERCONNECT LINKS FOR BOTH PARTIES
4.9 If the requested ISI Interconnect Link is to contain 2Mbit/s ISI
Interconnect Links conveying unidirectional traffic in different
directions the Parties shall, not more than 20 Working Days from
the date of written request, endeavour to agree the location of
the jointing chamber required for the Point of Connection.
4.10 If pursuant to paragraph 4.9 the Parties fail to reach agreement:
4.10.1 a Party may request an ISI Interconnect Link to convey
unidirectional Calls from the requesting Party's System; or
4.10.2 the requesting Party may nominate the location of the
jointing chamber required for the Point of Connection and
if such nomination is agreed, the requesting Party shall
pay the charges specified from time to time in the Carrier
Price List being the charges in respect of (a) an ISI
Interconnect Link, (b) duct, (c) bothway Signalling Link
Set and (d) each 2Mbit/s ISI Interconnect Link
and if not later than 20 Working Days from the date of such
written request no agreement is reached on the location of the
jointing chamber, either Party may notify a Dispute.
ISI INTERCONNECT LINKS FOR ONE PARTY
4.11 Unless otherwise agreed, if the requested ISI Interconnect Link is
to convey unidirectional Calls from the requesting Party's System:
4.11.1 the location of the jointing chamber required for the Point
of Connection for such ISI Interconnect Link shall be on
the public highway immediately outside the curtilage of the
building referred to in paragraph 4.6.2;
4.11.2 the requesting Party shall pay the Charges specified from
time to time in the Carrier Price List being the charges in
respect of (a) an ISI Interconnect Link, (b) duct, (c)
unidirectional Signalling Link Set and (d) each 2 Mbit/s
ISI Interconnect Link.
5. PATH PROTECTION REQUESTED BY THE OPERATOR
5.1 For an ISI Interconnect Link the Operator may request, and BT
shall provide, Path Protection using:
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(a) a single BT jointing chamber with a single cable and two
separate pairs of fibre in that cable; or
(b) a single BT jointing chamber with two separate cables; or
(c) two separate BT jointing xxxxxxxx with two separate cables
into those BT jointing xxxxxxxx; and
a suitable transmission switching mechanism, as described in Annex
A, without a change to the cable or cables connected to the Switch
Connection.
5.2 If the Operator requests Path Protection using two jointing
xxxxxxxx XX shall endeavour to use a suitable existing jointing
chamber (the "protection jointing chamber").
5.3 If a suitable protection jointing chamber cannot be identified or
used, at the Operator's request BT shall provide a written
quotation for the installation by BT of the protection jointing
chamber.
5.4 If the quotation referred to in paragraph 5.3 is accepted, BT
shall install the protection jointing chamber for the second
cable.
5.5 For the avoidance of doubt, the protection jointing chamber shall
be installed, owned and maintained by BT.
6. PROVISION OF THIRD PARTY ISI
6.1 Subject to an Interconnect Link having been provided pursuant to
this Agreement, a Party (the requesting Party) may, pursuant to
the terms of this Schedule, request, and the other Party shall,
subject to the provisions of this Schedule, agree to the
installation of a Third Party ISI Interconnect Link.
6.2 2Mbit/s ISI Interconnect Links provided pursuant to this paragraph
6 shall be ordered in accordance with Annex A. The timescales for
the provision of 2 Mbit/s Interconnect Links are detailed in Annex
A.
6.3 The requesting Party shall obtain agreement of the Third Party
Operator to use an Existing Link as part of the Third Party ISI
Interconnect Link.
6.4 The requesting Party shall provide and/or procure the provision
and maintenance of the Additional Link, whether by the Third Party
Operator or, if the requesting Party is the Operator, and subject
to contract, by BT.
6.5 The other Party shall assume no obligation under this Agreement
for the Existing Link. In particular, but without limitation, the
other Party shall
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have no liability to the requesting Party if the Existing Link be
taken out of operation in accordance with the Third Party
Interconnect Agreement.
6.6 The requesting Party shall:
6.6.1 comply with the provisions of paragraphs 3 and 4 above, as if
the Additional Link was provided by the requesting Party under
paragraph 4; and
6.6.2 ensure that sufficient arrangements are in place between the
requesting Party and the Third Party Operator to enable the
requesting Party so to comply; and
6.6.3 have no obligation to the other Party for the Existing Link
save as expressly provided in this Agreement.
6.7 The Third Party ISI Interconnect Link shall, for the purposes of
the respective rights and obligations of the Parties under this
Agreement be deemed to be an ISI Interconnect Link and that
portion on the Operator's side of the Point of Connection shall be
deemed a part of the requesting Party's System. This provision
shall not be construed to extend the area covered by the
requesting Party's System beyond the boundaries set out in that
Party's Licence.
7. PROVISION OF INTERCONNECT EXTENSION CIRCUITS ("IECS")
7.1 In accordance with this paragraph 7, a Party may request, and the
other Party shall provide, an Interconnect Extension Circuit, from
a building referred to in Appendix A of Annex A to a Remote Switch
Connection.
7.2 IECs shall comply with the Specifications applicable to the
provision of Links. A Party shall provide IECs with, at its
absolute discretion, either PDH or SDH technology.
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7.3 The following table specifies the available connections for BT
IECs from particular ISI termination points:
-----------------------------------------------------------------------------------------
ISI link DLE serving Parent BT Dependent Tandem
terminating the Operator Exchange DLE Exchange not
point Licensed (Notes 2 being a Parent
Area (Notes 1 and 3) BT Exchange
and 3)
-----------------------------------------------------------------------------------------
BT DLE No Yes Not No
Applicable
------------------ ------------------ --------------- --------------- -------------------
BT DLTE Yes Yes Yes No
------------------ ------------------ --------------- --------------- -------------------
BT Tandem Yes Yes Yes No
Exchange
------------------ ------------------ --------------- --------------- -------------------
BT Yes Yes Not Applicable No
transmission
node
------------------ ------------------ --------------- --------------- -------------------
Note 1: Provided that the BT DLE:
(a) is located in the same or Adjacent BT Charge
Group to the Point of Connection; and
(b) supports BT Customers in the Operator
Licensed Area; and
(c) has an existing direct Traffic Route with
that termination point. (Not applicable where
the ISI Link termination point is a BT
transmission node).
Note 2: The Parent BT Exchange must have a direct
connection to a DLE serving the Operator Licensed
Area and that DLE must be located in the same or
adjacent charge group to the Point of Connection.
Note 3: For the purpose of the provision of IEC's only,
the Operator Licensed Area shall include any areas
notified to BT in writing, which are continuous
geographical areas (or areas that would be
continuous but for separation by a tract of water no
more than 8 Kilometres wide), which are subject to
Third Party Operator Licences and where the Third
Party Operators are Associated Companies of the
Operator.
7.4 Operator IECs shall be available between any building referred to
in Appendix A of Annex A to a Remote Switch Connection.
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7.5 Subject to the provisions of Annex A, if the transmission capacity
at a building is exhausted and additional capacity for an IEC is
requested by a requesting Party, the other Party shall use its
reasonable endeavours to provide the additional capacity as soon
as reasonably practicable and shall notify the requesting Party of
the anticipated date of such provision.
7.6 If a Party notifies the other Party pursuant to paragraph 3 of
Annex A that a building is no longer available for establishing
IECs to Remote Switch Connections, the other Party may continue to
order IECs from that building for the then current ACO Period
under the then current Advance Capacity Order or such longer
further period as the Parties may agree in writing. Thereafter the
first Party shall not be obliged to provide an additional IEC from
that building.
8. SIGNALLING
8.1 When ordering, for the first time, 2Mbit/s ISI Interconnect Links
between a specific BT Switch Connection and a specific Operator
Switch Connection the Requesting Party shall order a Signalling
Link Set and specify the Route Type(s).
8.2 The Requesting Party shall order an additional Signalling Link Set
if the total number of 2Mbit/s ISI Interconnect Links in an ISI
Interconnect Link exceed 40 or multiples of 40.
8.3 An order for a Signalling Link Set shall include an order for two
Intrabuilding Links.
9. ROUTE TYPES
9.1 Each Traffic Route is provided with a Route Type. Where a Party
orders an additional Route Type it shall specify the required
Traffic Type.
10. REARRANGEMENTS
10.1 The requesting Party may request in accordance with Annex A the
rearrangement of Intrabuilding Links on its side of the Point of
Connection or in the building housing the other Party's Switch
Connection.
11. CHARGING
11.1 Subject to the provisions of this paragraph 11 for each provision
by one Party to the other of ISI Interconnect Links, 2Mbit/s ISI
Interconnect Links and associated works (including the Multiplexor
service and IECs), the requesting Party shall pay to the other
Party the appropriate charges specified from time to time in the
Carrier Price List.
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11.2 The connection and rental charges shall be due on the earlier of
the relevant Ready for Service Date and 30 days after the relevant
Ready for Testing date. Subsequent rental charges shall be payable
in accordance with the periodicity specified from time to time in
the Carrier Price List.
11.3 In addition to the charges specified from time to time in the
Carrier Price List, each Party shall, if applicable, make the
additional payments specified in Appendix C of Annex A.
11.4 Rental for an ISI Interconnect Link shall be payable according to
the following table:
----------------------------------------------------------------------------
CLASSIFICATION OF ISI RENTAL PAYABLE
INTERCONNECT LINK
----------------------------------------------------------------------------
Unidirectional Call As set down in the Carrier Price List
Conveyance (Note 1) (Note 2).
(paragraph 4.11.2)
----------------------------------------------------------------------------
Bothway Call Conveyance None payable.
(Agreed Location (Note 1)
(paragraph 4.7)
----------------------------------------------------------------------------
Bothway Call Conveyance R = P x A
(Location not agreed but
nominated) (Note 1)
(paragraph 4.10.2) Where:
"R" is the rental payable, "P" is the
rental price set down in the Carrier Price
List (Note 2), and "A" = B
-
C
Where: "B" is the number
of 2Mbit/s ISI
Interconnect Links
conveying the Calls of
the Party who requested
the ISI Interconnect Link
(Note 1); and "C" is the
total number of 2Mbit/s
ISI Interconnect Links
provided on that ISI
Interconnect Link.
----------------------------------------------------------------------------
Note 1: For the purpose of this table, Route Types
involving the conveyance of Calls to one Party, when
those Calls are deemed to be that Party's Calls (by
way of example Indirect Access Calls), shall not be
taken into consideration when determining ISI
Interconnect Link classification.
Note 2: In this Schedule references to the charges
specified in the Carrier Price List are those
specified from time to time.
11.5 An Intrabuilding Link charge applies to each order for a 2Mbit/s
ISI Interconnect Link. If an Intrabuilding Link contains a
Signalling Link which
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supports unidirectional traffic the charge for that Intrabuilding
Link is included in the Signalling Link Set charge.
11.6 There are two different Signalling Link Set charges in respect of
an ISI Interconnect Link, namely, a charge for such a Link
conveying unidirectional traffic (including Indirect Access Calls,
notwithstanding such Calls being conveyed in the opposite
direction,) and a charge for such a Link carrying bothway traffic.
11.7 The Signalling Link Set charge includes one single Route Type.
Charges for additional Route Types are payable as specified from
time to time in the Carrier Price List.
11.8 A Multiplexor service charge applies to each order for a 2Mbit/s
ISI Interconnect Link.
11.9 The IEC charge applies to each order for a 2Mbit/s ISI
Interconnect Link, which order includes an IEC. The requesting
Party shall pay the charges for the provision of an IEC.
PATH PROTECTION PROVIDED BY BT
11.10 Subject to the following paragraphs, the Path Protection charges
shall be the sum of the relevant charges specified from time to
time in the Carrier Price List.
11.11 Charges for Path Protection shall be the sum of the following
relevant component charges:
--------------------------------------------------------------------------------------
PATH PROTECTION
--------------------------------------------------------------------------------------
Type of Component Single Cable Two Cables Single Two Cables
Technology Chargeable Single Jointing Jointing Chamber Two Jointing
Chamber Xxxxxxxx
----------------- ---------------- ------------------ ------------------- ---------------
PDH A YES YES YES
----------------- ---------------- ------------------ ------------------- ---------------
B n/a n/a YES(1)
----------------- ---------------- ------------------ ------------------- ---------------
C n/a n/a YES
----------------- ---------------- ------------------ ------------------- ---------------
D n/a YES YES
----------------- ---------------- ------------------ ------------------- ---------------
E n/a YES(2) YES(2)
----------------- ---------------- ------------------ ------------------- ---------------
SDH A n/a n/a n/a
----------------- ---------------- ------------------ ------------------- ---------------
B n/a n/a YES
----------------- ---------------- ------------------ ------------------- ---------------
C n/a n/a YES
----------------- ---------------- ------------------ ------------------- ---------------
D n/a YES YES
----------------- ---------------- ------------------ ------------------- ---------------
E n/a YES(2) YES(2)
----------------- ---------------- ------------------ ------------------- ---------------
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Note 1 Only charged if required under paragraph 5.3
Note 2 Two splices may be required.
Where:
----------------- ------------------------------------------
Component Charge
----------------- ------------------------------------------
A = transmission switching equipment
B = second (protection) jointing chamber
C = duct
D = cable
E = cable splice
----------------- ------------------------------------------
11.12 Each cable splice required for the provision of Path Protection
has a separate charge.
11.13 Connection and rental charges shall be payable for each ISI
Interconnect Link used for Path Protection. Rental shall be
payable for a minimum of 12 months. Subject to payment being made
for the then current minimum period of 12 months, rental charges
shall be payable until the Operator requests BT in writing to
cease that Path Protection.
11.14 If the Operator requests Path Protection on a particular ISI
Interconnect Link and:
(a) the ISI Interconnect Link is the sole Interconnect Link
between the specific BT Switch Connection and the specific
Operator Switch Connection; and
(b) there is no other Interconnect Link between that specific
Operator Switch Connection and any other BT Switch
Connection;
no charge for Path Protection on that particular ISI Interconnect
Link shall be payable by the Operator while BT uses that ISI
Interconnect Link as the sole Interconnect Link to convey Calls to
that specific Operator Switch Connection.
11.15 If one or more of the conditions of paragraph 11.14 cease to
apply, the rental charges specified from time to time in the
Carrier Price List for the particular ISI Interconnect Link will
be payable pursuant to paragraph 11.13.
12. REVIEW
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12.1 The Review Date for Operator prices under this Schedule shall be 1
April each year.
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APPENDIX 01.1
IN-SPAN INTERCONNECT AND
INTERCONNECT EXTENSION CIRCUITS
[GRAPHIC OMITTED]
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APPENDIX 01.2
THIRD PARTY INTERCONNECT
[GRAPHIC OMITTED]
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ANNEX C
SCHEDULE 04
NUMBER PORTABILITY
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix unless
stated otherwise is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"CENTREX" a partition of an Exchange used to provide
business features and short code dialling as
required by Customers;
"DDI" direct dialling in;
"DONOR" the Party from whose System the Number is
being ported;
"DONOR SYSTEM" the System from which the Number is being
ported;
"NP AREA" such area as has been agreed in writing by
the Parties in which Number Portability will
be carried out;
"NUMBER" shall have the meaning ascribed thereto in
Condition 34B of the BT Licence and for the
purposes of this Agreement there shall be
excluded Numbers allocated to ISDN exchange
lines, and to Number Groups used for
Centrex, DDI private branch exchange or
other private branch exchange purposes;
"NUMBER GROUP" a range of consecutive Numbers used as a
group by a Party for certain functional or
Customer purposes;
"NUMBER PORTABILITY" an arrangement between the Parties whereby a
Customer ceases to be provided with a
Network Termination Point by the Donor
System and such Customer (at the same
address and at the same set of premises) is
provided with a Network
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Termination Point by the Recipient System,
such Network Termination Point having the
same Number as had the Network Termination
Point ceased on the Donor System;
"PORTED NUMBER NTP" a Network Termination Point on the Recipient
System being a Network Termination Point to
which a Number has been ported;
"RECIPIENT" the Party to whose System the Number is
being ported;
"RECIPIENT SYSTEM" the System to which the Number is being
ported.
2. DESCRIPTION OF SERVICE
2.1 Subject to the provisions of this Schedule, the Parties shall
provide Number Portability in the NP Area in accordance with the
Number Portability End to End Process Manual ("Manual") as agreed
in writing from time to time by the Parties.
2.2 Pursuant to this Schedule and subject to the Parties having
successfully completed planning studies in accordance with the
Manual the Parties shall provide Number Portability in the NP
Area.
2.3 For the avoidance of doubt, the Parties acknowledge that the
provision of Number Portability to Customers pursuant to this
Schedule applies only to those Customers who remain at the same
address and at the same set of premises.
2.4 Neither Party shall be obliged to offer Number Portability to the
other Party's Customers who have an exchange line connected to the
other Party's Exchange which Exchange has not been approved under
the Manual by such other Party for Number Portability.
2.5 If a Customer having a Ported Number NTP changes address or ceases
service with the Recipient System it is agreed that the Ported
Number of the Ported Number NTP shall revert to the Donor for use
in the Donor's System.
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2.6 The Parties agree that the Calls handed over from each other to
Ported Number NTPs shall be conveyed in accordance with one or
more of the Schedules listed in Appendix 04.1.
2.7 Each Party shall correct faults which occur in its System which
affect the conveyance of Calls to Ported Number NTPs in accordance
with such Party's normal engineering practices. For the avoidance
of doubt, neither Party warrants that its System is, or will be,
free from faults.
2.8 Notwithstanding the provisions of paragraph 1.4 of the main body
of this Agreement the Parties agree that for the purposes of the
provision of Number Portability Sections 2, 3 and 5.1 to 5.5
(inclusive) of the Manual Issue 2.0 dated 16/04/96 shall be
legally binding. The other provisions of the Manual shall not be
legally binding.
2.9 For the purposes of the provision of Number Portability, Schedule
140 (Data Management Amendments) shall be deemed to be amended by
the addition of a further entry to paragraph 2.6.1 thereof,
namely: "route Calls to Ported Number NTPs as defined in Schedule
04 (Number Portability)."
3. ROUTING
3.1 The conveyance of Calls to Ported Number NTPs shall be in
accordance with the routing principles specified in Annex A and
the Manual.
4. CHARGING
4.1 The Parties agree, for the conveyance of Calls handed over from
each other to Ported Number NTPs, to pay a charge in accordance
with one or more of the Schedules listed in Appendix 04.1.
4.2 For the avoidance of doubt, all charges pursuant to the Schedules
listed in Appendix 04.1 of this Schedule shall be ascertained and
paid for by the Parties in accordance with such Schedules in
addition to such other charges as may be payable pursuant to this
Schedule.
4.3 The Parties shall pay the charges at the rates for Number
Portability specified from time to time in the Carrier Price List.
5. REVIEW
5.1 The Review Date for charges under paragraph 4.3 of this Schedule
shall be 1 April each year.
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APPENDIX 04.1
The telephony conveyance Schedules referred to in paragraphs 2.6, 4.1 and 4.2 of
this Schedule are:
Schedule Number: Title:
---------------- ------
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BT STANDARD INTERCONNECT AGREEMENT
SCHEDULE 05
RECIPROCAL RING BACK WHEN FREE SERVICE
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix unless
stated otherwise, is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"RING BACK WHEN FREE SERVICE" a service offered by one Party to
its Customers, whereby a Calling
Party calling from the number of
a Customer of such service and
who in attempting to set up a
Call to a Called Party on the
other Party's System receives
line busy engaged tone, is then
able to initiate the later
automatic set-up by the network
of a subsequent Call to that
Called Party once the Called
Party's exchange line becomes
free;
"RING BACK WHEN FREE SPECIFICATION" Specification PNO-ISC/INFO/004
Section 5 Issue 1 Draft E dated
February 1996 as updated from
time to time.
"VIRTUAL CALL" a Message using the C7IUP
Enveloped Digital Private Network
Signalling System protocol (using
the Nodal End to End Data
Messages) specified in the Ring
Back When Free Specification.
2. DESCRIPTION OF SERVICE
2.1 Subject to the provisions of this Schedule, each Party shall carry
out its obligations under this Schedule in order that the other
Party may provide a Ring Back When Free Service to its Customers.
2.2 Each Party shall convey a Virtual Call in connection with a Ring
Back When Free Service in accordance with Annex A and the Ring
Back When Free Specification.
2.3 Any necessary technical requirement for the Ring Back When Free
Service shall be agreed by the Parties before either Party shall
be obliged to convey any Virtual Call under paragraph 2.2.
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2.4 For the avoidance of doubt, the Parties agree that
2.4.1 any Call attempt under which a Calling Party receives the line
busy engaged tone, and
2.4.2 any successful Call which may be established as a result of the
Ring Back When Free Service
shall be conveyed in accordance with Schedule 101 or the
equivalent Schedule for Operator Telephony Calls to the Operator
System, as appropriate.
2.5 Each Party accepts that the other Party shall not be obliged to
convey a Virtual Call under paragraph 2.2 if the exchange line of
the Called Party is not one in respect of which such other Party
provides or would be able to provide a Ring Back When Free Service
to such Called Party as its Customer.
2.6 Each Party shall undertake the obligations under this Schedule
during those periods of time and at the same standard and quality
of service as such Party undertakes for the Customers of its own
Ring Back When Free Service.
2.7 Each Party shall correct faults which occur in its System which
affect its obligations under this Schedule in accordance with such
Party's normal engineering practices. For the avoidance of doubt,
neither Party warrants that its System is, or will be, free from
faults.
2.8 Each Party shall include Virtual Calls generated by its Ring Back
When Free Service in its Traffic Forecasts referred to in Annex A.
3. ROUTING
3.1 The conveyance of a Virtual Call between the Parties shall be in
accordance with the routing principles specified in Annex A.
4. CHARGING
4.1 For the conveyance of a Virtual Call by BT, the Operator shall pay
BT a charge calculated in accordance with the rate for such a Call
specified from time to time in the Carrier Price List.
4.2 For the conveyance of a Virtual Call by the Operator, the BT shall
pay the Operator a charge calculated in accordance with the rate
for such a Call specified from time to time in the Carrier Price
List.
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5. COMMENCEMENT DATE
5.1 Each Party shall commence to undertake its obligations under this
Schedule on a date to be agreed in writing by the Parties.
6. REVIEW
6.1 The Review Dates for the charges payable under this Schedule shall
be 1 April each year.
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ANNEX C
SCHEDULE 101
BT TELEPHONY CALLS TO THE BT SYSTEM
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix unless
stated otherwise, is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"ADC CALL CATEGORY" one of Local ADC, National ADC or
International ADC, as appropriate;
"BT DOUBLE PLUS TANDEM a BT Telephony Call handed over from the
SEGMENT CALL" Operator System to the BT System, initially
switched by a BT Tandem Exchange, thereafter
switched by one or more other BT Tandem
Exchanges, and passed to a BT ALE or BT DLE
for delivery to a BT Network Termination
Point;
"BT LOCAL EXCHANGE SEGMENT CALL" a BT Telephony Call handed over from the
Operator System to the BT System at a BT
DLE, for delivery to a BT Network
Termination Point other than via a BT Tandem
Exchange;
"BT SINGLE TANDEM SEGMENT CALL" a BT Telephony Call handed over from the
Operator System to the BT System, initially
switched by a BT Tandem Exchange, and passed
to a BT ALE or BT DLE for delivery to a BT
Network Termination Point;
"INTERNATIONAL ADC" contributions towards BT's Access Deficit
that apply to Calls handed over from the
Operator System ("actual Calls") where, if
Calls (other than Indirect Access Calls)
were conveyed in the opposite direction
(whether or not by the Operator System),
between the same originating and terminating
points as those actual Calls ("reverse
Calls"), such reverse Calls would
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be classified as international calls in the
BT Retail Price List;
"LOCAL ADC" contributions towards BT's Access Deficit
that apply to Calls handed over from the
Operator System ("actual Calls") where, if
Calls (other than Indirect Access Calls)
were conveyed in the opposite direction
wholly within the BT System between the same
originating and terminating points (Calls
made or received on mobile terminal
apparatus for this purpose being treated as
originating or terminating at the relevant
wireless telegraphy station carrying the
Call) as those actual Calls ("reverse
Calls"), such reverse Calls would be
classified as local calls in the BT Retail
Price List;
"NATIONAL ADC" contributions towards BT's Access Deficit
that apply to Calls handed over from the
Operator System ("actual Calls") where, if
Calls (other than Indirect Access Calls)
were conveyed in the opposite direction
wholly within the BT System between the same
originating and terminating points (Calls
made or received on mobile terminal
apparatus for this purpose being treated as
originating or terminating at the relevant
wireless telegraphy station carrying the
Call) as those actual Calls ("reverse
Calls"), such reverse Calls would be
classified as national calls in the BT
Retail Price List.
2. DESCRIPTION OF SERVICE
2.1 Subject to the provisions of this Schedule, BT shall convey BT
Telephony Calls handed over from the Operator System to the
appropriate BT Network Termination Point.
2.2 BT International Incoming Calls, BT Transit Calls, BT Operator to
Operator Transit Calls and Calls to Ancillary Services are not
conveyed pursuant to this Schedule.
2.3 The Parties shall agree in advance all necessary technical
requirements, including Call set-up and cleardown sequences, for
the conveyance of Calls pursuant to this Schedule.
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2.4 BT's obligation to convey BT ISDN Telephony Calls is subject to
the respective Systems and all relevant Switch Connections of both
Parties being suitable for the conveyance of BT ISDN Telephony
Calls.
2.5 BT shall not be obliged under this Schedule to make its System
suitable for the conveyance of BT ISDN Telephony Calls or to
provide equipment to its Customers enabling BT ISDN Telephony
Calls.
2.6 BT shall convey BT Telephony Calls during those periods of time
and at the same standard and quality of service as BT conveys
similar Calls.
2.7 Each Party shall correct faults which occur in its System which
affect the conveyance of BT Telephony Calls in accordance with
such Party's normal engineering practices. For the avoidance of
doubt, neither Party warrants that its System is, or will be, free
from faults.
3. ROUTING
3.1 The conveyance of BT Telephony Calls shall be in accordance with
the routing principles specified in Annex A.
4. CHARGING
4.1 For the conveyance of each BT Telephony Call by BT, the Operator
shall pay BT a charge calculated in accordance with the rate for
such a Call specified from time to time in the Carrier Price List.
4.2 For the conveyance of each BT Telephony Call by BT, which is also
a Transfer Charge Call, BT shall pay the Operator a charge
calculated in accordance with the rate for such a Call specified
from time to time in the Carrier Price List, and the Operator
shall pay no charge to BT pursuant to paragraph 4.1.
5. CONTRIBUTIONS TO BT'S ACCESS DEFICIT
5.1 Subject to the provisions of this paragraph 5, the Operator shall
pay for each Call, a contribution to BT's Access Deficit at the
rate specified for the ADC Call Category specified from time to
time in the Carrier Price List. For these purposes, the ADC Call
Category shall be ascertained at the time when the Answer Signal
is generated.
5.2 If, prior to the date of the Agreement, either Party has requested
the Director General pursuant to Condition 13.5A of the BT Licence
to reduce the contribution to be made by the Operator towards BT's
Access Deficit, then payment of the contribution referred to in
such request shall be suspended until the Director General has
dealt with the request.
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5.3 If, following a request referred to in paragraph 5.2, the Director
General determines not to reduce the contribution or determines
that a partial contribution shall be payable by the Operator
towards BT's Access Deficit, such contribution shall be payable
accordingly with effect from the date of this Agreement. The
Operator shall pay any outstanding contribution not later than one
month after the date of such determination.
5.4 If, following a request referred to in paragraph 5.2, the Director
General determines that no contribution shall be payable by the
Operator towards BT's Access Deficit no such contribution shall be
payable under paragraph 5.1.
5.5 If the Director General at any time determines pursuant to
Condition 13.5A of the BT Licence that the contribution payable by
the Operator towards BT's Access Deficit should be varied or a
contribution becomes payable in accordance with Condition 13.5A of
the BT Licence then the Agreement shall be varied accordingly.
5.6 The Operator shall have no liability to pay a contribution to BT's
Access Deficit in respect of Calls which have originated on the
system of another licensed operator and are conveyed over the
Operator System to the BT System, provided that;
5.6.1 subject as provided in paragraph 5.6.4 below the Operator
shall not agree to convey over the Operator System to the BT
System Calls originated on the system of a Third Party
Operator or first conveyed in the UK by the system of a Third
Party Operator unless that operator shows to the Operator's
reasonable satisfaction that it has entered into an agreement
with BT to pay a contribution to BT's Access Deficit for all
Calls originated on the system of that Third Party Operator,
or first conveyed in the UK by the system of that Third Party
Operator, and conveyed to their ultimate destination by means
of the BT System (whether by direct connection between the
system of that Third Party Operator and the BT System or by
transit through any other system);
5.6.2 if the Director General (following notification from BT)
notifies the Operator that a Third Party Operator, having
entered into an agreement as described in paragraph 5.6.1
above, has failed to make a contribution to BT's Access
Deficit as required by that agreement and that all provisions
in that agreement for the resolution of disputes have been
exercised and have failed, then the Operator shall as quickly
as reasonably practicable cease to convey Calls originated on
the system of that Third Party Operator or first conveyed in
the UK by that operator's system to the BT System. The
Director General shall not notify the Operator pursuant to
this paragraph if, having heard representations from the
Third Party Operator concerned, he is satisfied that the
payment demanded by BT from the Third Party
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Operator has not been calculated in accordance with this
proviso, save that it shall be deemed to be conclusive proof
that the payment has been properly calculated if BT obtains
judgement in a court of competent jurisdiction for its
recovery as a debt and any appeal against that judgement has
been finally disposed of;
5.6.3 the Operator shall provide to BT at BT's expense such
information about those Calls described in paragraph 5.6.1 as
the Operator is practicably and rightfully able to provide
and as BT may reasonably require to calculate the amount of
contribution to the Access Deficit so payable. During such
time as the Operator is unable to provide a record of the
Calls described in paragraph 5.6.1, it shall provide
information to BT for the purposes of this paragraph on the
basis of a method of estimation determined by the Director
General after consulting with such other persons as he
considers appropriate;
5.6.4 the obligation of the Operator in paragraph 5.6.1 shall not
apply to Calls which the Director General has determined or
BT has agreed should not give rise to a contribution to BT's
Access Deficit by any such Third Party Operator and this
paragraph shall cease to apply if BT ceases to be entitled by
virtue of Condition 13 of the BT Licence to recover from the
Third Party Operator a contribution to its Access Deficit.
5.7 BT shall indemnify and keep indemnified the Operator against any
liability claim, loss or damage resulting from the Operator's
performance of obligation under paragraph 5.6.1 or 5.6 2 in
circumstances where in case of default or negligence of BT the
Operator would not have been so obliged to prevent or cease
conveyance of a Call emanating from the Third Party Operator.
5.8 The Parties agree that either Party may initiate a review of
paragraphs 5.6 and 5.7 pursuant to paragraph 19.1.3 of the main
body of the Agreement.
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ANNEX C
SCHEDULE 102
BT TRANSIT CALLS VIA THE BT SYSTEM
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix unless
stated otherwise, is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"BT DOUBLE PLUS TANDEM TRANSIT CALL" a BT Transit Call, handed over
from the Operator System to the
BT System, initially switched by
a BT Tandem Exchange, thereafter
switched by one or more other BT
Tandem Exchanges, and handed
over from the BT System to a
Third Party Operator's system;
"BT SINGLE TANDEM TRANSIT CALL" a BT Transit Call, handed over
from the Operator System to the
BT System, initially switched by
a BT Tandem Exchange, with no
further switching by the BT
System, and handed over from the
BT System to a Third Party
Operator's system.
2. DESCRIPTION OF SERVICE
2.1 Subject to the provisions of this Schedule, BT shall convey a BT
Transit Call handed over from the Operator System to the Third
Party Operator's system, to the extent that a similar Call is
available to BT Customers.
2.2 BT Telephony Calls, BT International Outgoing Calls and BT
Operator to Operator Transit Calls are not conveyed pursuant to
this Schedule.
2.3 The Parties shall agree in advance all necessary technical
requirements, including Call set-up and cleardown sequences, for
the conveyance of Calls pursuant to this Schedule.
2.4 BT's obligation to convey BT ISDN Transit Calls is subject to any
Third Party Operator's system and the respective Systems and all
relevant Switch Connections of both Parties being suitable for the
conveyance of BT ISDN Transit Calls.
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2.5 BT shall convey BT Transit Calls during those periods of time and
at the same standard and quality of service as BT conveys similar
Calls.
2.6 Each Party shall correct faults which occur in its System which
affect the conveyance of BT Transit Calls in accordance with such
Party's normal engineering practices. For the avoidance of doubt,
neither Party warrants that its System is, or will be, free from
faults.
3. ROUTING
3.1 The conveyance of BT Transit Calls shall be in accordance with the
routing principles specified in Annex A.
4. CHARGING
4.1 For the conveyance of each BT Transit Call by BT, the Operator
shall pay BT a charge calculated in accordance with the rate for
such a Call specified from time to time in the Carrier Price List.
If at the time when a BT Transit Call is conveyed by BT no rate
for such a Call is specified in the Carrier Price List the
Operator agrees to pay for such a Call at the rate which is
subsequently specified in the Carrier Price List.
4.2 For the conveyance of each BT Transit Call by BT, which is also a
Transfer Charge Call, BT shall pay the Operator a charge
calculated in accordance with the rate for such a Call specified
from time to time in the Carrier Price List, provided always that
BT shall not be obliged to pay for such a Call, if BT has not
received payment from a Third Party Operator, and the Operator
shall pay no charge to BT pursuant to paragraph 4.1.
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ANNEX C
SCHEDULE 103
BT OPERATOR TO OPERATOR TRANSIT CALLS VIA THE BT SYSTEM
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix unless
stated otherwise, is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"BT DOUBLE PLUS TANDEM a BT Operator to Operator Transit
OPERATOR TO OPERATOR TRANSIT CALL" Call, handed over from the Operator
System to the BT System, initially
switched by a BT Tandem Exchange,
thereafter switched by one or more
other BT Tandem Exchanges, and handed
over from the BT System to the
Operator System;
"BT SINGLE TANDEM a BT Operator to Operator Transit
OPERATOR TO OPERATOR TRANSIT CALL" Call, handed over from the Operator
System to the BT System, initially
switched by a BT Tandem Exchange,
with no further switching by the BT
System, and handed over from the BT
System to the Operator System.
2. DESCRIPTION OF SERVICE
2.1 Subject to the provisions of this Schedule, BT shall convey a BT
Operator to Operator Transit Call handed over from the Operator
System to the Operator System, if a rate for such a Call is
specified from time to time in the Carrier Price List.
2.2 BT Telephony Calls and BT Transit Calls are not conveyed pursuant
to this Schedule.
2.3 The Parties shall agree in advance all necessary technical
requirements, including Call set-up and cleardown sequences, for
the conveyance of Calls pursuant to this Schedule.
2.4 BT's obligation to convey BT ISDN Operator to Operator Transit
Calls is subject to the respective Systems and all relevant Switch
Connections of
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both Parties being suitable for the conveyance of
BT ISDN Operator to Operator Transit Calls.
2.5 BT shall convey BT Operator to Operator Transit Calls during those
periods of time and at the same standard and quality of service as
BT conveys similar Calls.
2.6 Each Party shall correct faults which occur in its System which
affect the conveyance of BT Operator to Operator Transit Calls in
accordance with such Party's normal engineering practices. For the
avoidance of doubt, neither Party warrants that its System is, or
will be, free from faults.
3. ROUTING
3.1 The conveyance of BT Operator to Operator Transit Calls, shall be
in accordance with the routing principles specified in Annex A.
4. CHARGING
4.1 For the conveyance of each BT Operator to Operator Transit Call by
BT, the Operator shall pay BT a charge calculated in accordance
with the rate for such a Call specified from time to time in the
Carrier Price List.
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ANNEX C
SCHEDULE 104
BT INTERNATIONAL OUTGOING CALLS TO AUTHORISED OVERSEAS SYSTEMS
VIA THE BT SYSTEM
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix unless
stated otherwise, is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D.
2. DESCRIPTION OF SERVICE
2.1 Subject to the provisions of this Schedule, BT shall convey a BT
International Outgoing Call handed over from the Operator System
to an Authorised Overseas System, if a rate for such a Call is
specified from time to time in the Carrier Price List.
2.2 BT Telephony Calls, BT Transit Calls, BT Operator to Operator
Transit Calls and Calls to Ancillary Services are not conveyed
pursuant to this Schedule.
2.3 The Parties shall agree in advance all necessary technical
requirements, including Call set-up and cleardown sequences, for
the conveyance of Calls pursuant to this Schedule.
2.4 BT's obligation to convey BT ISDN International Outgoing Calls is
subject to the Authorised Overseas System and the respective
Systems and all relevant Switch Connections of both Parties being
suitable for the conveyance of BT ISDN International Outgoing
Calls.
2.5 BT shall convey BT International Outgoing Calls during those
periods of time and at the same standard and quality of service as
BT conveys similar Calls.
2.6 BT shall be under no obligation to convey BT International
Outgoing Calls to destinations which are not available to BT
Customers from time to time.
2.7 The Operator shall not hand over to BT and BT shall be under no
obligation under this Schedule, to convey BT International
Outgoing Calls to those countries listed from time to time in the
BT Retail Price List as being available only through the BT
Operator.
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2.8 Each Party shall correct faults which occur in its System which
affect the conveyance of BT International Outgoing Calls in
accordance with such Party's normal engineering practices. For the
avoidance of doubt, neither Party warrants that its System is, or
will be, free from faults.
2.9 The Operator shall not hand over to the BT System, a BT
International Outgoing Call which is also a Transfer Charge Call,
for conveyance to an Authorised Overseas System unless BT has
notified the Operator in writing from time to time that BT has an
agreement for the connection of Transfer Charge Calls to that
Authorised Overseas System.
3. CALL ROUTING
3.1 The conveyance of BT International Outgoing Calls shall be in
accordance with the routing principles specified in Annex A.
4. CHARGING
4.1 Subject to paragraph 4.3, for the conveyance of each BT
International Outgoing Call by BT, the Operator shall pay BT a
charge calculated in accordance with the rate for such a Call
specified from time to time in the Carrier Price List.
4.2 For the conveyance of each BT International Outgoing Call by BT,
which is also a Transfer Charge Call, BT shall pay the Operator a
charge calculated in accordance with the rate for such a Call
specified from time to time in the Carrier Price List, provided
always that BT shall not be obliged to pay for Transfer Charge
Calls where BT has not received payment for such Call from the
Authorised Overseas System, and the Operator shall pay no charge
to BT pursuant to paragraph 4.1.
4.3 If the Operator, pursuant to the Operator Licence, commences
conveying Calls directly to a particular international
destination, the Operator shall notify BT in writing. When the
Operator commences conveying Calls directly to a particular
international destination, the Operator shall pay BT for the
conveyance of BT International Outgoing Calls to such destination
charges calculated in accordance with the rates for such Calls
specified from time to time in the BT Retail Price List.
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ANNEX C
SCHEDULE 110
FREEFONE (TM) 0800 CALLS
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix unless
stated otherwise, is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"BT 0800 SERVICE PROVIDER" a person who has contracted with
BT for the delivery of Calls using
telephone numbers commencing with
the digits 0800. The expression
shall also include BT in respect
of such telephone numbers if BT
has published those numbers as
being available to call BT itself
in respect of certain BT services;
"FREEFONE 0800 CALL" a Call made by a Calling Party
dialling 0800 followed by a BT
0800 Service Provider's six digit
number (which sets up the Call to
the BT 0800 Service Provider) and
which if made by a BT Customer on
the BT System would be free of
charge and paid for by the BT 0800
Service Provider;
"FREEFONE 0800 CHARGECARD CALL" a Freefone 0800 Call made by a
Calling Party dialling 0800 144
144 to access the BT
CHARGECARD(TM) service.
2. DESCRIPTION OF SERVICE
2.1 Subject to the provisions of this Schedule, BT shall convey
Freefone 0800 Calls handed over from the Operator System to the
appropriate terminal apparatus nominated by the BT 0800 Service
Provider or by BT if the terminal apparatus is connected to the BT
System, or to the Operator System or a Third Party Operator's
system if the terminal apparatus is connected to that System or
system.
2.2 Freefone 0800 Calls shall be included in the Traffic Forecast in
accordance with Annex A.
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2.3 The Parties shall agree in advance all necessary technical
requirements, including Call set-up and cleardown sequences, for
the conveyance of Calls pursuant to this Schedule.
2.4 The Operator shall ensure that its promotional material will not
undermine the public perception that Freefone 0800 Calls are free
to BT Customers.
2.5 BT shall convey Freefone 0800 Calls handed over from the Operator
System during those periods of time and at the same standard and
quality of service as BT conveys similar Calls.
2.6 Each Party shall correct faults which occur in its System which
affect the conveyance of Freefone 0800 Calls in accordance with
such Party's normal engineering practices. For the avoidance of
doubt, neither Party warrants that its System is, or will be, free
from faults.
2.7 If there are abnormally high volumes of Freefone 0800 Calls that
the BT System cannot convey, the Operator may apply network
management controls in the Operator System or BT may apply network
management controls in the BT System.
2.8 If Operator Customers by means of a Freefone 0800 Call order a
Call via INMARSAT or order a BT Telemessage and BT provides such a
Call or service, then the Operator shall pay to BT the appropriate
charges specified from time to time in the BT Retail Price List.
2.9 The Operator shall only hand over a Freefone 0800 CHARGECARD(TM)
Call to the BT System if such a Call originates using an exchange
line.
2.10 The Operator shall generate and convey full CLI as requested by
the BT System for each Freefone 0800 CHARGECARD(TM) Call handed
over to the BT System. For the avoidance of doubt, a Freefone 0800
CHARGECARD(TM) Call handed over from the Operator System to the BT
System which is not supported by full CLI, shall not receive an
Answer Signal from the BT System, and no payment shall be due to
the Operator for such a Call.
3. ROUTING
3.1 The conveyance of Freefone 0800 Calls shall be in accordance with
the routing principles specified in Annex A.
3.2 Freefone 0800 Calls handed over to BT by the Operator shall be
handed over at a BT Switch Connection located at a BT DMSU which
is as near as reasonably practicable to the geographical location
from which the Call was initially made or as otherwise may be
agreed in writing by the Parties.
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4. CHARGING
4.1 For the conveyance of each Freefone 0800 Call by the Operator, BT
shall pay the Operator a charge calculated in accordance with the
rate for such a Call specified from time to time in the Carrier
Price List.
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ANNEX C
SCHEDULE 111
LO-CALL(TM) 0345 CALLS
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix unless
stated otherwise, is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"BT 0345 SERVICE PROVIDER" a person who has contracted with
BT for the delivery of Calls using
telephone numbers commencing with
the digits 0345. The expression
shall also include BT in respect
of such telephone numbers if BT
has published those numbers as
being available to call BT itself
in respect of certain BT services;
"LO-CALL 0345 CALL" a Call made by a Calling Party
dialling 0345 followed by a BT
0345 Service Provider's six digit
number (which sets up a Call to
the BT 0345 Service Provider) and
which if made by a BT Customer on
the BT System would be charged at
BT's local call charge as
specified from time to time in the
BT Retail Price List and an
additional charge is paid to BT by
the BT 0345 Service Provider.
2. DESCRIPTION OF SERVICE
2.1 Subject to the provisions of this Schedule, BT shall convey
Lo-Call 0345 Calls handed over from the Operator System to the
appropriate terminal apparatus nominated by the BT 0345 Service
Provider or by BT if the terminal apparatus is connected to the BT
System, or to the Operator System or a Third Party Operator's
system if the terminal apparatus is connected to that System or
system.
2.2 Lo-Call 0345 Calls shall be included in the Traffic Forecast in
accordance with Annex A.
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2.3 The Parties shall agree in advance all necessary technical
requirements, including Call set-up and clear down sequences, for
the conveyance of Calls pursuant to this Schedule.
2.4 The Operator shall ensure that its promotional material will not
undermine the public perception that Lo-Call 0345 Calls are
charged to BT Customers at BT's local call rates.
2.5 BT shall convey Lo-Call 0345 Calls handed over from the Operator
System during those periods of time and at the same standard and
quality of service as BT conveys similar Calls.
2.6 Each Party shall correct faults which occur in its System which
affect the conveyance of Lo-Call 0345 Calls in accordance with
such Party's normal engineering practices. For the avoidance of
doubt, neither Party warrants that its System is, or will be, free
from faults.
2.7 If there are abnormally high volumes of Lo-Call 0345 Calls that
the BT System cannot convey, the Operator may apply network
management controls in the Operator System or BT may apply network
management controls in the BT System.
3. ROUTING
3.1 The conveyance of Lo-Call 0345 Calls shall be in accordance with
the routing principles specified in Annex A.
3.2 Lo-Call 0345 Calls handed over to BT by the Operator shall be
handed over at a BT Switch Connection located at a BT DMSU which
is as near as reasonably practicable to the geographical location
from which the Call was initially made or as otherwise may be
agreed in writing by the Parties.
4. CHARGING
4.1 For the conveyance of each Lo-Call 0345 Call by BT, the Operator
shall pay BT a charge calculated in accordance with the rate for
such a Call specified from time to time in the Carrier Price List.
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ANNEX C
SCHEDULE 112
BT PREMIUM RATE SERVICE CALLS
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix unless
stated otherwise, is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"CALLING CENTRE" any location, whether or not authorised, where
Calls may be made;
"ICSTIS" the Independent Committee for the Supervision of
Standards of Telephone Information Services.
2. DESCRIPTION OF SERVICE
2.1 BT shall take all reasonable steps to ensure that a person
applying to be a BT PRS Service Provider is adequately vetted
prior to being accepted to minimise the risk of PRS Fraud and to
ensure compliance with any requirements of ICSTIS.
2.2 BT shall take all reasonable steps to ensure that a person
applying to be a BT PRS Service Provider will offer a PRS in good
faith.
2.3 The Parties shall take reasonable endeavours to agree adequate
safeguards to prevent and detect PRS Fraud and shall record such
agreement in a separate document known as the "PRS Fraud
Management Manual". If a Party reasonably considers that such
safeguards are not adequate then either Party may apply for a
review of this Schedule pursuant to paragraph 19.1.3 of the main
body of this Agreement.
2.4 Subject to the provisions of this Schedule, BT shall convey BT PRS
Calls handed over from the Operator System to the appropriate
terminal apparatus nominated by the BT PRS Service Provider or by
BT if the terminal apparatus is connected to the BT System, or to
the Operator System or a Third Party Operator's system if the
terminal apparatus is connected to that System or system.
2.5 BT shall have no obligation to convey BT PRS Calls handed over
from the Operator System intended for a BT PRS Service Provider if
BT has
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suspended service to that BT PRS Service Provider or terminated
his contract.
2.6 BT PRS Calls shall be included in the Traffic Forecast in
accordance with Annex A.
2.7 The Parties shall agree in advance all necessary technical
requirements, including Call set-up and clear down sequences, for
the conveyance of Calls pursuant to this Schedule.
2.8 BT shall convey BT PRS Calls handed over from the Operator System
during those periods of time and at the same standard and quality
of service as BT conveys similar Calls.
2.9 Each Party shall correct faults which occur in its System which
affect the conveyance of BT PRS Calls in accordance with such
Party's normal engineering practices. For the avoidance of doubt,
neither Party warrants that its System is, or will be, free from
faults.
2.10 If there are abnormally high volumes of BT PRS Calls that the BT
System cannot convey, the Operator may apply network management
controls in the Operator System or BT may apply network management
controls in the BT System.
2.11 Each Party shall comply with the requirements specified from time
to time in Appendices 112.1 and 112.2.
3. ROUTING
3.1 The conveyance of BT PRS Calls shall be in accordance with the
routing principles specified in Annex A.
3.2 BT PRS Calls handed over to BT by the Operator shall be handed
over at a BT Switch Connection located at a BT DMSU which is as
near as reasonably practicable to the geographical location from
which the Call was initially made or as otherwise may be agreed in
writing by the Parties.
4. CHARGING
4.1 Subject to the provisions of this Schedule, for the conveyance of
each BT PRS Call by BT, the Operator shall pay BT a charge
calculated in accordance with the rate for such a Call specified
from time to time in the Carrier Price List.
5. COMMENCEMENT
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5.1 BT shall convey BT PRS Calls handed over from the Operator System
commencing on a date to be agreed in writing by the Parties.
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APPENDIX 112.1
PRS FRAUD PREVENTION, DETECTION AND ADJUSTMENT
1. NETWORK DEVELOPMENT
1.1 If BT undertakes technical development in relation to BT PRS
Calls, BT shall reasonably enhance the facilities for the
prevention and detection of PRS Fraud.
2. OPERATIONAL LIAISON
2.1 The Parties shall by monitoring BT PRS Calls take all reasonable
steps to prevent and detect PRS Fraud using, without limitation,
the criteria specified in Appendix 112.2.
3. BT DETECTION AND NOTIFICATION
3.1 If BT suspects PRS Fraud taking into account the criteria
specified in Appendix 112.2 it shall immediately pass to the
Operator, for each Calling Centre identified, the following
information:
3.1.1 the identity of the Calling Centre;
3.1.2 the estimated total duration of the relevant BT PRS Calls;
3.1.3 the dates when the relevant BT PRS Calls were made;
3.1.4 the telephone number or numbers of the relevant BT PRS
Service Provider;
3.1.5 the identity of the relevant BT PRS Service Provider;
3.1.6 such other information as BT considers relevant;
3.1.7 such other information reasonably requested by the Operator.
4. OPERATOR DETECTION AND NOTIFICATION
4.1 If the Operator suspects PRS Fraud taking into account the
criteria specified in Appendix 112.2 it shall immediately pass to
BT, for each Calling Centre identified, the following information:
4.1.1 the identity of the Calling Centre;
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4.1.2 the estimated total duration of the relevant BT PRS Calls;
4.1.3 the dates when the relevant BT PRS Calls were made;
4.1.4 the telephone number or numbers of the relevant BT PRS
Service Provider;
4.1.5 the identity of the relevant Operator Customer;
4.1.6 such other information as the Operator considers relevant;
4.1.7 such other information reasonably requested by BT.
5. RESTRICTION ON USE OF INFORMATION
5.1 Any information passed between the Parties in accordance with
paragraphs 3 and 4 shall only be used for the following purposes:
5.1.1 to monitor, prevent or detect PRS Fraud;
5.1.2 to assist the investigation of PRS Fraud and to undertake
criminal prosecutions if PRS Fraud is established;
5.1.3 to undertake civil proceedings to effect recovery of losses
resulting from PRS Fraud.
6. NOMINATED PARTIES
6.1 Any information required to be passed between the Parties in
accordance with paragraphs 3 and 4 shall be collated by the
nominated representative of one Party and sent to the nominated
representative of the other Party in accordance with the PRS Fraud
Management Manual.
7. FINANCIAL ADJUSTMENT
7.1 If a Party has passed information to the other Party in accordance
with paragraphs 3 and 4, then for information so passed which
relates to the current Billing Period and subject to the
information having been passed to BT within 2 weeks of the end of
that Billing Period then the Operator may withhold payment for the
identified BT PRS Calls;
7.1.1 for a period of not more than 6 months commencing with the
date of the first xxxx following the end of the then current
Billing Period; or
7.1.2 until the Operator receives payment from the Operator
Customer
whichever duration is less.
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7.2 The Operator shall take all reasonable steps to recover any
outstanding charges for BT PRS Calls.
7.3 If after the period of 6 months specified in paragraph 7.1.1 the
Operator has not received payment from the Operator Customer, BT
may:
7.3.1 unconditionally release the Operator from the obligation to
pay; or
7.3.2 continue suspension of the Operator's obligation to pay; or
7.3.3 require the Operator to assign (at no cost) to BT the
indebtedness of the Operator Customer in consideration of BT
releasing the Operator from its obligation to pay such
outstanding charges for such Operator Customer.
7.4 In the event of any dispute relating to the operation of this
paragraph 7 either Party may serve a notice on the other requiring
any matters in dispute to be referred to arbitration in London by
a single arbitrator appointed by agreement between the Parties or
in default of agreement upon the application of either Party by
the President for the time being of the Law Society of England in
accordance with and subject to the Arbitration Acts 1950 - 1979.
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APPENDIX 112.2
The following are indicators of PRS Fraud in relation to any BT
PRS Service Provider and Calling Party:
BT PRS SERVICE PROVIDER
1. For each of the first 3 months after commencement of service the
number of BT PRS Calls delivered to any new BT PRS Service
Provider exceed by 25% (or such other percentage as the Parties
may agree in writing) or more the average number of BT PRS Calls
to similar Premium Rate Services ascertained after the first month
and monthly thereafter.
2. After the first 3 months the number of BT PRS Calls delivered to
any BT PRS Service Provider increases at a rate of 25% or more
from one month to the next.
3. A high proportion of BT PRS Calls delivered to any BT PRS Service
Provider originate at a small number of Calling Centres whether or
not limited in geographical location.
4. The average duration of BT PRS Calls delivered to any BT PRS
Service Provider differs significantly from that of BT PRS Calls
to similar Premium Rate Services or there are repeated Calls of
similar duration.
5. BT PRS Calls delivered to any BT PRS Service Provider appear to
originate without promotion of the Premium Rate Service.
6. A significant proportion of BT PRS Calls delivered to any BT PRS
Service Provider originate at payphones or use payment systems
other than a standard telephone xxxx
CALLING PARTIES
1. A small number of Calling Centres generate a high proportion of BT
PRS Calls for delivery to any BT PRS Service Provider.
2. A small number of Calling Centres generate a high volume of BT PRS
Calls for delivery to any BT PRS Service Provider.
3. A high proportion of BT PRS Calls delivered to any BT PRS Service
Provider are generated at a small number of Calling Centres
whether or not limited in geographical location.
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4. The average duration of BT PRS Calls delivered to any BT PRS
Service Provider differs significantly from that of BT PRS Calls
to similar Premium Rate Services or there are repeated Calls of
similar duration.
5. BT PRS Calls delivered to any BT PRS Service Provider appear to
originate without promotion of the Premium Rate Service.
6. A significant proportion of BT PRS Calls delivered to any BT PRS
Service Provider originate at payphones or use payment systems
other than a standard telephone xxxx.
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ANNEX C
SCHEDULE 116
NATIONAL CALL(TM) 0990 CALLS
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix unless
stated otherwise, is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"BT 0990 SERVICE PROVIDER" a person who has contracted with
BT for the delivery of Calls using
telephone numbers commencing with
the digits 0990. The expression
shall also include BT in respect
of such telephone numbers where BT
has published those numbers as
being available to call BT itself
in respect of certain BT services.
"0990 CALL" a Call made by a Calling Party
dialling 0990 followed by a BT
0990 Service Provider's six digit
number (which sets up the Call to
the BT 0990 Service Provider) and
which if such a Call were made by
a BT Customer on the BT System
would be charged at BT's 'b' Rate
as specified from time to time in
the BT Retail Price List and an
additional charge is paid by the
BT 0990 Service Provider;
2. DESCRIPTION OF SERVICE
2.1 Subject to the provisions of this Schedule, BT shall convey 0990
Calls received from the Operator System to the appropriate
terminal apparatus nominated by the BT 0990 Service Provider or by
BT where the terminal apparatus is connected to the BT System, or
to the Operator System or a Third Party Operator's system where
the terminal equipment is connected to that System or system.
2.2 0990 Calls shall be included in the Traffic Forecast in accordance
with Annex A.
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2.3 The Parties shall agree in advance all necessary technical
requirements, including Call set-up and cleardown sequences, for
the conveyance of Calls pursuant to this Schedule.
2.4 BT shall convey 0990 Calls handed over from the Operator System
during those periods of time and at the same standard and quality
of service as BT conveys similar Calls.
2.5 Each Party shall correct faults which occur in its System which
affect the conveyance of 0990 Calls in accordance with such
Party's normal engineering practices. For the avoidance of doubt,
neither Party warrants that its System is, or will be, free from
faults.
2.6 If there are abnormally high volumes of 0990 Calls that the BT
System cannot convey, the Operator may apply network management
controls in the Operator System or BT may apply network management
controls in the BT System.
3. ROUTING
3.1 The conveyance of 0990 Calls shall be in accordance with the
routing principles specified in Annex A.
3.2 0990 Calls handed over to BT by the Operator shall be handed over
at a BT Switch Connection located at a BT DMSU which is as near as
reasonably practicable to the geographical location from which the
Call was initially made or as otherwise may be agreed in writing
by the Parties.
4. CHARGING
4.1 For the conveyance of each 0990 Call by BT, the Operator shall pay
BT a charge calculated in accordance with the rate for such a Call
specified from time to time in the Carrier Price List.
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ANNEX C
SCHEDULE 117
PHONE BASE(TM) CALLS
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix unless
stated otherwise, is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"BT PHONE BASE SERVICE" a service comprising access to a
computer database containing the
entries from time to time
available for the alphabetical
section of BT Phone Books;
"PHONE BASE CALLS" Calls to the telephone number 0910
210910 to access the BT Phone Base
Service.
2. DESCRIPTION OF PRODUCT
2.1 Subject to the provisions of this Schedule, BT shall convey Phone
Base Calls handed over from the Operator System to the BT Phone
Base Service.
2.2 Phone Base Calls shall be included in the Traffic Forecast in
accordance with Annex A.
2.3 The Parties shall agree in advance all necessary technical
requirements, including Call set-up and cleardown sequences, for
the conveyance of Calls pursuant to this Schedule.
2.4 BT shall convey Phone Base Calls handed over from the Operator
System during those periods of time and at the same standard and
quality of service as BT conveys similar Calls.
2.5 Each Party shall correct faults which occur in its System which
affect the conveyance of Phone Base Calls in accordance with such
Party's normal engineering practices. For the avoidance of doubt,
neither Party warrants that its System is, or will be, free from
faults.
2.6 If there are abnormally high volumes of Phone Base Calls that the
BT System cannot convey, the Operator may apply network management
controls in the Operator System or BT may apply network management
controls in the BT System.
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2.7 Access to the BT Phone Base Service will only be available to
those Operator Customers who have contracted with BT for the
provision of the BT Phone Base Service and to whom appropriate
security codes have been issued to enable use of the BT Phone Base
Service.
3. ROUTING
3.1 The conveyance of Phone Base Calls shall be in accordance with the
routing principles specified in Annex A.
3.2 Phone Base Calls handed over to BT by the Operator shall be handed
over at a BT Switch Connection located at a BT DMSU.
4. DURATION
4.1 Conveyance of Phone Base Calls pursuant to this Schedule shall
cease if BT has given not less than 6 months' written notice to
the Operator of its intention to cease to convey such Calls, and
BT ceases to convey Phone Base Calls from BT Customers.
5. CHARGING
5.1 For the conveyance of each Phone Base Call by BT, the Operator
shall pay a charge calculated in accordance with the rate for such
a Call specified from time to time in the Carrier Price List.
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ANNEX C
SCHEDULE 118
BT TIMELINE(TM) SERVICE
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix unless
stated otherwise, is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"BT TIMELINE CALLS" Calls to the BT Timeline Service
accessed by means of the digits
123 for BT Customers;
"BT TIMELINE SERVICE" BT's speaking clock service which
is available to BT Customers.
2. DESCRIPTION OF SERVICE
2.1 Subject to the provisions of this Schedule, BT shall convey BT
Timeline Calls received from the Operator System to the BT
Timeline Service.
2.2 BT Timeline Calls shall be included in the Traffic Forecast in
accordance with Annex A.
2.3 The Parties shall agree in advance all necessary technical
requirements, including Call set-up and cleardown sequences, for
the conveyance of Calls pursuant to this Schedule.
2.4 BT shall convey BT Timeline Calls handed over from the Operator
System during those periods of time and at the same standard and
quality of service as BT conveys similar Calls.
2.5 Each Party shall correct faults which occur in its System which
affect the conveyance of BT Timeline Calls in accordance with such
Party's normal engineering practices. For the avoidance of doubt,
neither Party warrants that its System is, or will be, free from
faults.
2.6 If there are abnormally high volumes of BT Timeline Calls that the
BT System cannot convey, the Operator may apply network management
controls in the Operator System or BT may apply network management
controls in the BT System.
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3. ROUTING
3.1 The conveyance of BT Timeline Calls shall be in accordance with
the routing principles specified in Annex A.
3.2 BT Timeline Calls handed over to BT by the Operator shall be
handed over at a BT Switch Connection located at a BT DMSU.
3.3 If the Operator conveys BT Timeline Calls from the Operator System
to the BT System it shall only hand over the Call using the digits
123.
4. DURATION
4.1 Conveyance of BT Timeline Calls pursuant to this Schedule shall
cease if BT has given not less than 6 months written notice to the
Operator of its intention to cease to convey such Calls, and BT
ceases to convey BT Timeline Calls from BT Customers.
5. CHARGING
5.1 For the conveyance of each BT Timeline Call by BT, the Operator
shall pay BT a charge calculated in accordance with the rate for
such a Call specified from time to time in the Carrier Price List.
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ANNEX C
SCHEDULE 120
NATIONAL OPERATOR ASSISTANCE SERVICE
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix, unless
stated otherwise, is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D except as
shown:
"ADC CALL CATEGORY" one of Local ADC or National ADC,
as appropriate;
"BT FREEFONE(TM) NAME SERVICE a person who has contracted with
PROVIDER" BT for the delivery of Calls using
a BT Operator by quoting
Freefone(TM) Name. The expression
shall also include BT in respect
of Freefone(TM) Names if BT has
published those as being available
to call BT itself in respect of
certain BT services;
"FREEFONE(TM) NAME" a name beginning with the word
"Freefone(TM)" and which has been
allocated by BT to a BT
Freefone(TM) Name Service Provider
which is used to set up a Call to
the BT Freefone(TM) Name Service
Provider which if made by a BT
Customer on the BT System would be
free of charge and paid for by the
BT Freefone(TM) Name Service
Provider;
"LOCAL ADC" the contributions towards BT's
Access Deficit that apply to Calls
received from the Operator System
("actual Calls") where, if Calls
(other than Indirect Access Calls)
were conveyed in the opposite
direction between the same
originating and terminating points
as those actual Calls ("reverse
Calls"), such reverse Calls would
be classified as local calls in
the BT Retail Price List;
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"NATIONAL ADC" the contributions towards BT's
Access Deficit that apply to Calls
received from the Operator System
("actual Calls") where, if Calls
(other than Indirect Access Calls)
were conveyed in the opposite
direction between the same
originating and terminating points
as those actual Calls ("reverse
Calls"), such reverse Calls would
be classified as national calls in
the BT Retail Price List;
"NOA SERVICE" the Operator Assistance Service
relating to Calls originating and
terminating within the British
Isles as specifically described in
paragraph 2 of this Schedule.
2. DESCRIPTION OF SERVICE
2.1 This Schedule gives details of the provision by BT to the Operator
of access to the NOA Service from the Operator System.
2.1.1 NOA Service shall only be available to be accessed by
Calling Parties having a telephone number conforming to the
UK national numbering scheme.
2.1.2 Except where expressly stated otherwise all Calls to the
NOA Service shall attract the charge for the NOA Service
specified from time to time in the BT Carrier Price List.
2.1.3 Where the Operator permits Calling Parties to access the
NOA Service from payphones connected to or forming part of
the Operator System, BT shall only be obliged to provide
the services set out in paragraphs 2.3.2 and 2.3.4.
2.2 Subject to paragraph 2.3, Calling Parties will be able to access
the NOA Service in order to obtain assistance in completing Calls
to persons in the British Isles who can be reached via the BT
System.
2.3 The NOA Service shall comprise the following:
2.3.1 ASSISTANCE CALLS
A Calling Party may request the BT Operator to connect the
following types of Call:
(a) A BT Basic Telephony Call;
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(b) A BT Basic Transit Call;
(c) An Operator Basic Telephony Call;
(d) A BT Basic Operator to Operator Transit Call;
(e) An Operator Basic Transit Call;
(f) A Number Translation Services Call;
(g) A BT Basic International Outgoing Call to the
Republic of Ireland;
except that BT PRS Calls, Operator PRS Calls and Calls to
PRS services run by Third Party Operators shall not be
connected.
A Calling Party may request the BT Operator to provide
assistance in connection of such a Call referred to above
where a previous attempt failed (as, for instance, where
there has been a continuous engaged tone, number
unobtainable tone, continuous ringing tone and no reply, no
tone or wrong number), or re-connection of such a Call in
the event of prior unwarranted disconnection by one or more
of the Telecommunication Systems involved in the connection
chain.
The assistance provided under this paragraph 2.3.1 shall
only be in respect of Calls for which BT provides the same
assistance service for its Customers. BT shall offer
refunds of Call charges to the Operator in respect of its
Customers in circumstances where BT would offer refunds to
BT Customers.
2.3.2 TRANSFER CHARGE CALLS
A Calling Party may request the BT Operator to attempt to
set up a Transfer Charge Call to a person having a
telephone number conforming to the UK national numbering
scheme. The charge for the NOA Service specified from time
to time in the Carrier Price List will not be payable for
successful Transfer Charge Calls.
The NOA Service shall not connect Transfer Charge Calls to
the following:
(a) answering machines (unless permitted by the initial
message pre-recorded by the person responsible for
the called number);
(b) payphones;
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(c) the Republic of Ireland;
(d) Number Translation Services Calls;
(e) persons using certain Land Mobile Radio Services;
(f) numbers on paging systems;
2.3.3 ALARM CALLS
A request can be made to the BT Operator for an alarm call
to be made at a specified time. The alarm call will be
attempted at or near the required time, but in any event no
more than five minutes earlier or later than the time
specified. However, alarm calls can only be booked on
ordinary fixed exchange lines within the British Isles
(excepting the Republic of Ireland) and can only be charged
to the Calling Party's number.
Alarm calls will be charged to the Operator at the price
specified from time to time in the Carrier Price List, when
booked. Refunds of the charge shall be given to the
Operator if an alarm call is cancelled, subject to the
cancellation being made prior to midnight on the day
preceding the day for which the alarm call has been booked.
2.3.4 BT FREEFONE(TM) NAME SERVICE
A request can be made to the BT Operator to connect a Call
using the BT Freefone(TM) Name Service. The BT Operator
will connect the Call or if the telephone number is engaged
or unavailable, inform the Calling Party.
The charge for the NOA Service specified from time to time
in the Carrier Price List will not be payable for Calls to
NOA Service where the NOA Service is only used to access
the BT Freefone(TM) Name Service.
The Operator shall ensure that any promotional material
issued by it will not undermine the public perception that
the conveyance of Calls to the BT Freefone(TM) Name Service
is free to BT Customers.
2.4 If BT makes a material change to the NOA Service that BT provides
to its own Customers, it shall give the Operator 6 months' notice
of such change. The notice of such change shall be a review notice
in accordance with paragraph 19.1.3 of the main body of this
Agreement.
3. BT'S OBLIGATIONS
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3.1 BT shall provide the NOA Service to the Operator at all times. In
other aspects it shall provide the same standard and quality of
service as BT provides such service to the generality of BT
Customers calling the NOA Service from that locality.
3.2 Subject to the provisions of this Schedule, BT shall convey Calls
for the NOA Service by means of the BT System to an OCHC. BT shall
be under no obligation to convey any Call to the NOA Service which
is a type of Call that BT does not convey to such service for its
Customers.
3.3 BT shall use its reasonable endeavours to ensure that 90 per cent
of all Calls (except those for which there were no queue places
available in the automatic call distribution system) to the NOA
Service (averaged over a 24 hour period) will be answered within
15 seconds, 7 days per week (with the exception of Christmas Day
when the target percentage shall be 70 per cent). The balance of
all such Calls shall be answered by the BT Operator as soon as
reasonably possible after the 15 second period.
3.4 On written request from the Operator, BT shall provide statistics
of the percentage of Calls actually answered within the time
periods specified in paragraph 3.3 for the OCHC which normally
deals with Calls to the NOA Service for the relevant BT Switch
Connection.
3.5 BT shall, correct faults which occur in the BT System which affect
the provision of the NOA Service, in accordance with BT's normal
engineering practices. For the avoidance of doubt, BT does not
warrant that the BT System is or will be free from faults.
3.6 Procedures for the provision by BT to the Operator of details of
Calls to the NOA Service and refunds handled by BT Operators are
set out in Annex B and the procedures for operational matters and
Customer complaints are set out in the Operator Services Manual.
3.7 BT shall provide training to BT Operators for the purpose of
providing services under this Schedule.
4. THE OPERATOR'S OBLIGATIONS
4.1 Where the Operator conveys Calls to access the NOA Service it
shall deliver the Calls to a BT Switch Connection at a BT DMSU in
accordance with Annex A.
4.2 If Operator Customers, by means of a Call passed to BT to order a
BT Telemessage, and BT provides such a service the Operator shall
pay to BT the appropriate charge specified from time to time in
the BT Retail Price List.
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4.3 The Operator shall, where faults occur in the Operator System
which affect the provision of the NOA Service, correct them in
accordance with the Operator's normal engineering practices. For
the avoidance of doubt, the Operator does not warrant that the
Operator System is or will be free from faults.
4.4 Where the Operator permits access to the NOA Service from
payphones connected to or forming part of the Operator System, the
Operator shall ensure the payphone sends a tone, of a form to be
agreed between the Parties, to indicate to the BT Operator that
the Calling Party is using a payphone.
4.5 Where the Operator wishes BT to inform Calling Parties, in
response to enquiries, of the condition of Operator Customer's
telephone lines (e.g. out of order, terminated etc.) it shall
provide BT with a telephone number for use by the BT Operator for
making such enquiries. This telephone number will be used solely
by the BT Operator and shall not be disclosed.
5. COMMENCEMENT & TERMINATION
5.1 BT shall provide the NOA Service to the Operator as detailed in
this Schedule on the later of the following:
5.1.1 a date 3 months after the date this Schedule was
incorporated into the Agreement; or
5.1.2 the first Ready for Service Date; or
5.1.3 such other date as the Parties may agree in writing.
5.2 The Operator may terminate its access to the NOA Service under
this Schedule by giving 3 months' written notice to BT.
6. CHARGING
6.1 For the services provided by the BT Operator except for those
specifically stated to be free of such charges, the Operator shall
pay BT for each Call the charge for the NOA Service as specified
from time to time in the Carrier Price List. In addition, the
following are payable:
6.1.1 For the onward connection of Calls stated in paragraph
2.3.1 the Operator or BT, as appropriate shall pay, for
each successful Call, the charges in accordance with the
charge as specified from time to time in the Carrier Price
List for the appropriate Call.
6.1.2 For the provision of Transfer Charge Calls by the NOA
Service, and for the BT Freefone(TM) Name Service, BT shall
pay the Operator for
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each successful Call, the appropriate charge specified from time
to time in the Carrier Price List.
7. CONTRIBUTIONS TO BT'S ACCESS DEFICIT
7.1 Where BT provides assistance pursuant to paragraph 2.3.1 which
includes onward connection of a BT Basic Telephony Call and
subject to the provisions of this paragraph 7, the Operator shall
pay a contribution to BT's Access Deficit at the rate specified
from time to time for the ADC Call Category, in the Carrier Price
List. For these purposes, the ADC Call Category shall be
ascertained at the time when the Answer Signal is generated.
7.2 If, prior to the date of the Agreement, either Party has requested
the Director General pursuant to Condition 13.5A of the BT Licence
to reduce the contribution to be made by the Operator towards BT's
Access Deficit, then payment of the contribution referred to in
such request shall be suspended until the Director General has
dealt with the request.
7.3 If, following a request referred to in paragraph 7.2, the Director
General determines not to reduce the contribution or determines
that a partial contribution shall be payable by the Operator
towards BT's Access Deficit, such contribution shall be payable
accordingly with effect from the date that the services set out in
this Schedule commenced. The Operator shall pay any outstanding
contribution not later than one month after the date of such
determination.
7.4 If, following a request referred to in paragraph 7.2, the Director
General determines that no contribution shall be payable by the
Operator towards BT's Access Deficit no such contribution shall be
payable under paragraph 7.1.
7.5 If the Director General at any time determines pursuant to
Condition 13.5A of the BT Licence that the contribution payable by
the Operator towards BT's Access Deficit should be varied or a
contribution becomes payable in accordance with Condition 13.5A of
the BT Licence then the Agreement shall be varied accordingly.
7.6 The Operator shall have no liability to pay a contribution to BT's
Access Deficit in respect of Calls which have originated on the
system of a Third Party Operator and are conveyed over the
Operator System to the BT System, provided that:
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7.6.1 subject as provided in paragraph 7.6.4 below the Operator shall
not agree to convey over the Operator System to the BT System
Calls originated on the system of a Third Party Operator or first
conveyed in the UK by the system of a Third Party Operator unless
that operator shows to the Operator's reasonable satisfaction that
it has entered into an agreement with BT to pay a contribution to
BT's Access Deficit for all Calls originated on the system of that
Third Party Operator, or first conveyed in the UK by the system of
that Third Party Operator, and conveyed to their ultimate
destination by means of the BT System (whether by direct
connection between the system of that Third Party Operator and the
BT system or by transit through any other system);
7.6.2 if the Director General (following notification from BT) notifies
the Operator that a Third Party Operator, having entered into an
agreement as described in paragraph 7.6.1, has failed to make a
contribution to BT's Access Deficit as required by that agreement
and that all provisions in that agreement for the resolution of
disputes have been exercised and have failed, then the Operator
shall as quickly as reasonably practicable cease to convey Calls
originated on the system of that Third Party Operator or first
conveyed in the UK by that operator's system to the BT System. The
Director General shall not notify the Operator pursuant to this
paragraph if, having heard representations from the Third Party
Operator concerned, he is satisfied that the payment demanded by
BT from the Third Party Operator has not been calculated in
accordance with this proviso, save that it shall be deemed to be
conclusive proof that the payment has been properly calculated if
BT obtains judgement in a court of competent jurisdiction for its
recovery as a debt and any appeal against that judgement has been
finally disposed of;
7.6.3 the Operator shall provide BT at BT's expense such information
about those Calls described in paragraph 7.6.1 as the Operator is
practicably and rightfully able to provide and as BT may
reasonably require to calculate the amount of contribution to the
Access Deficit so payable. During such time as the Operator is
unable to provide a record of the Calls described in paragraph
7.6.1, it shall provide information to BT for the purposes of this
paragraph on the basis of a method of estimation determined by the
Director General after consulting with such other persons as he
considers appropriate;
7.6.4 the obligation of the Operator in paragraph 7.6.1 shall not apply
to Calls which the Director General has determined or BT has
agreed should not give rise to a contribution to BT's Access
Deficit by any such Third Party Operator and this paragraph shall
cease to apply if BT ceases to be entitled by virtue of Condition
13 of the BT Licence to recover from the Third Party Operator a
contribution to its Access Deficit.
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7.7 BT shall indemnify and keep indemnified the Operator against any
liability claim, loss or damage resulting from the Operator's
performance of obligation under paragraph 7.6.1 or 7.6.2 in
circumstances where in case of default or negligence of BT the
Operator would not have been so obliged to prevent or cease
conveyance of a Call emanating from the Third Party Operator.
7.8 The Parties agree that either Party may initiate a review of
paragraphs 7.6 and 7.7 pursuant to paragraph 19.1.3 of the main
body of the Agreement.
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ANNEX C
SCHEDULE 121
DIRECTORY ENQUIRY SERVICE
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix, unless
stated otherwise is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"BLIND OR DISABLED PERSON" a person fulfilling criteria
determined by BT from time to time
and registered with BT permitting
use of the DQ Service by that
person at no charge;
"DQ CENTRE" a BT site where DQ Operators
answer Calls to the DQ Service;
"DQ OPERATOR" a person who answers Calls to the
DQ Service;
"DQ SERVICE" the directory enquiry service
relating to telephone numbers
within the British Isles.
2. DESCRIPTION OF SERVICE
2.1 This Schedule gives details of the provision by BT to the Operator
of access to the DQ Service. The DQ Service shall only be
available to be accessed by persons having a telephone number
conforming to the UK national numbering scheme.
2.2 A person may request a search for the telephone or telex numbers
of up to two persons listed as telephony or telex customers in the
British Isles provided that sufficient information is given to
enable the DQ Operator to carry out a search. If the search is
successful, the Calling Party will be supplied with the requested
number. However if the number is listed as an ex-directory number
the Calling Party will be so informed, but the number will not be
disclosed.
2.3 Subject to paragraph 2.4 below, refunds of the DQ Service charges
set out from time to time in the Carrier Price List shall be made
by BT where the following circumstances are brought to BT's
attention by the Operator Customer:
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2.3.1 if a DQ Operator provides to the Calling Party information
that is inconsistent with correct information that was
available at the DQ Centre;
2.3.2 if a DQ Operator is unable to trace the telephone number but
the Calling Party is able to obtain the number from a BT Phone
Book or another DQ Operator that same day;
2.3.3 if the Call is misrouted by the BT System to the DQ Service;
2.3.4 if the Call has been cut off by the BT System on a Call to the
DQ Service or bad transmission over the BT System prevents the
Calling Party from hearing the DQ Operator's response;
2.3.5 if, due to BT error in processing any information that BT has
agreed to enter in a BT Phone Book, the number that is
required is missing or incorrect (e.g. numbers transposed) in
such a directory;
2.3.6 if the DQ Operator reasonably feels that the Calling Party has
experienced poor DQ Service or exceptional difficulty;
2.3.7 if during the course of a search by the DQ Operator there is a
computer failure and the DQ Operator is unable to deliver the
number;
2.3.8 if the Calling Party is referred by the DQ Operator to the BT
"Talking Pages" Service;
2.3.9 if the Calling Party asks for the number of a particular BT
department or front office;
2.3.10 if the Calling Party requests Number Range information and the
Call to the DQ Service was caused by a BT code change or bulk
number change.
2.4 Refunds will only be made if the Calling Party identifies to the
DQ Operator dealing with the refund the originating telephone
number used by the Calling Party to make the Call to the DQ
Centre.
2.5 Directory Enquiry Service for the Blind or Disabled
2.5.1 BT shall register as a Blind or Disabled Person those persons
who apply to a BT registration point for consideration by BT
to be registered, subject to the person fulfilling the same
criteria as BT Customers qualifying for registration.
2.5.2 BT shall make no separate charge pursuant to this Schedule for
access to the DQ Service where:
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a) the Call is received at the specialised DQ bureau
dealing with Calls from Blind or Disabled Persons to the DQ
Service; and
b) the Calling Party is a Blind or Disabled Person.
No refunds will be offered to the Operator in respect of
the provision of the DQ Service to Blind or Disabled
Persons.
2.6 If BT makes a material change to the DQ Service that BT provides
to its own Customers, it shall give the Operator 6 months notice
of such change. The notice of such change shall be a review notice
in accordance with paragraph 19.1.3 of the main body of this
Agreement.
3. BT'S OBLIGATIONS
3.1 BT shall provide the DQ Service at all times. In other aspects it
shall provide the same standard and quality of service as BT makes
available to BT Customers making Calls to the DQ Service from that
locality.
3.2 Subject to the provision of this Schedule, BT shall convey Calls
for the DQ Service received from the Operator System to a DQ
Centre. BT shall be under no obligation to convey any Call to the
DQ Service which is a type of Call that BT does not convey to such
service for its Customers.
3.3 BT shall use its reasonable endeavours to ensure that 90 per cent.
of all Calls (except those for which there were no queue places
available in the automatic call distribution system) to the DQ
Service (averaged over a 24 hour period) will be answered within
15 seconds, 7 days per week (with the exception of Christmas Day
when the target percentage shall be 70 per cent.). The balance of
all such Calls shall be answered by the DQ Operator as soon as
reasonably possible after the 15 second period.
3.4 On written request from the Operator, BT shall provide statistics
of the percentage of Calls actually answered within the time
periods specified in paragraph 3.3 for the OCHC which normally
deals with Calls to the DQ Service for the relevant BT Switch
Connection.
3.5 BT shall correct faults which occur in the BT System which affect
the DQ Service in accordance with BT's normal engineering
practices. For the avoidance of doubt, BT does not warrant that
the BT System is, or will be, free from faults.
3.6 Procedures for the provision by BT to the Operator of details of
Calls to the DQ Service handled by DQ Operators shall be as set
out in Annex B whereby BT shall pay refunds to the Operator.
Refund information shall be included in TIBS Billing Information
and Refund Reports.
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4. THE OPERATOR'S OBLIGATIONS
4.1 Where the Operator conveys a Call to the DQ Service to BT, the
Operator shall convey such a Call to a BT Switch Connection at a
BT DMSU in accordance with Annex A.
4.2 The Operator shall pay to BT for each Call to the DQ Service the
appropriate charges specified from time to time in the Carrier
Price List.
4.3 The Operator shall, correct faults which occur in the Operator
System which affect the DQ Service in accordance with the
Operator's normal engineering practices. For the avoidance of
doubt, the Operator does not warrant that the Operator System is,
or will be, free from faults.
5. COMMENCEMENT & TERMINATION
5.1 BT shall provide the DQ Service as detailed in this Schedule on
the later of the following:
5.1.1 a date 3 months after the date this Schedule was
incorporated into the Agreement; or
5.1.2 the first Ready for Service Date; or
5.1.3 such other date as the Parties may agree in writing.
5.2 The Operator may terminate access to the DQ service provided under
this Schedule by giving 3 months written notice to BT.
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ANNEX C
SCHEDULE 122
INTERNATIONAL OPERATOR ASSISTANCE SERVICE
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix, unless
stated otherwise is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"IOA SERVICE" the international operator
assistance service relating to
Calls to destinations outside the
British Isles and other services
as specifically described in
paragraph 2 of this Schedule.
2. DESCRIPTION OF SERVICE
2.1 This Schedule gives details of the provision by BT to the Operator
of access to the IOA Service.
2.1.1 IOA Service shall only be available to be accessed by persons
having a telephone number conforming to the UK national numbering
scheme.
2.1.2 Where the Operator permits Calling Parties to contact the IOA
Service from payphones connected to or forming part of the
Operator System, BT shall only be obliged to provide the services
set out in paragraphs 2.3.3 and 2.3.6.
2.2 Subject to paragraph 2.3, a person will be able to contact the IOA
Service in order to obtain assistance in completing Calls to
Customers of an Authorised Overseas System who can be reached
through the BT System and to obtain time difference advice.
2.3 BT shall provide the IOA Service which shall comprise the
following:
2.3.1 Assistance Calls
The Calling Party can request connection to an
international telephone number, or assistance from overseas
operators, or assistance in connection where a previous
attempt failed or re-connection to a telephone number in
the event of prior unwarranted disconnection by one or more
of the Telecommunication Systems involved in the connection
chain or assistance in sending facsimile messages to
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destinations outside the British Isles. Call charges are
payable in whole minutes with a minimum charge of that for a
three minute Call.
2.3.2 Personal Calls to international numbers
The Calling Party can request the BT Operator to connect them
to a named person or extension outside the British Isles. A
personal call fee is payable for each Call attempt that is
answered whether or not the Call is connected to the named
person or extension. The Call charges specified from time to
time in the Carrier Price List are payable in whole minutes
with a minimum charge of that for a three minute Call.
2.3.3 International Transfer Charge Calls
The Calling Party can request the BT Operator to arrange a
Transfer Charge Call to an overseas destination, except that
international Transfer Charge Calls cannot be made to
payphones, services run by INMARSAT, a ship in port, the
Republic of Ireland or to territories or numbers where there
is no agreement to provide such Calls with the relevant
telecommunications operators.
2.3.4 Calls via INMARSAT
The Calling Party can request the BT Operator to connect a
Call to a ship at sea which possesses suitable satellite
communication equipment.
2.3.5 Advance Booking of International Calls
The Calling Party can request the BT Operator to arrange
connection of an International Call to a specific destination
for a particular date and time.
2.3.6 Time Difference Advice
The Calling Party can request the BT Operator for the local
time in a particular country.
2.4 If BT makes a material change to the IOA Service that BT provides
to BT Customers, it shall give the Operator 6 months notice of
such change. The notice of such change shall be a review notice in
accordance with paragraph 19.1.3 of the main body of this
Agreement.
3. BT'S OBLIGATIONS
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3.1 BT shall provide the IOA Service at all times. In other aspects it
shall provide the same standard and quality of service as BT makes
available to BT Customers calling the IOA Service from that
locality.
3.2 Subject to the provisions of this Schedule, BT shall convey Calls
for the IOA Service by means of the BT System to an IOA Service
centre. BT shall be under no obligation to convey any Call to the
IOA Service which is a type of Call that BT does not convey to
such service for its Customers.
3.3 BT shall use its reasonable endeavours to ensure that 90 per cent.
of all Calls (except those for which there were no queue places
available in the automatic call distribution system) to the IOA
Service (averaged over a 24 hour period) will be answered within
15 seconds, 7 days per week (with the exception of Christmas Day
when the target percentages shall be 70 per cent.). The balance of
all such Calls shall be answered by the BT Operator as soon as
reasonably possible after the 15 second period.
3.4 BT shall correct faults which occur in the BT System which affect
the provision of the IOA Service in accordance with BT's normal
engineering practices. For the avoidance of doubt, BT does not
warrant that the BT System is, or will be, free from faults.
3.5 Procedures for the provision by BT to the Operator of details of
Calls to the IOA Service handled by BT Operators are set out in
Annex B and the procedures for operational matters and Customer
complaints are set out in the Operator Services Manual.
4. THE OPERATOR'S OBLIGATIONS
4.1 Where the Operator conveys Calls to access the IOA Service it
shall hand over Calls to a BT Switch Connection at a BT DMSU in
accordance with Annex A.
4.2 The Operator shall correct faults which occur in the Operator
System which affect the provision of the IOA Service in accordance
with the Operator's normal engineering practices. For the
avoidance of doubt, the Operator does not warrant that the
Operator System is, or will be, free from faults.
4.3 Where the Operator permits access to the IOA Services from
payphones connected to or forming part of the Operator System, the
Operator shall ensure the payphone sends a tone, of a form to be
agreed between the Parties, to indicate to the BT Operator that
the Calling Party is using a payphone.
5. CHARGING
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5.1 For the service provided by way of the IOA Service, except for
international Transfer Charge Calls, the Operator shall pay BT for
each Call the charges specified from time to time the Carrier
Price List.
5.2 For each international Transfer Charge Call set up by the BT
Operator, BT shall pay the Operator for each successful Call the
appropriate rate specified from time to time and the Operator
shall pay no charge to BT pursuant to paragraph 5.1 in the Carrier
Price List.
6. COMMENCEMENT & TERMINATION
6.1 BT shall provide the IOA Service as detailed in this Schedule on
the later of the following:
6.1.1 a date 3 months after the date this Schedule was incorporated
into the Agreement; or
6.1.2 the first Ready for Service Date; or
6.1.3 such other date as the Parties may agree in writing.
6.2 The Operator may terminate access to the IOA service provided
under this Schedule by giving 3 months written notice to BT.
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ANNEX C
SCHEDULE 123
INTERNATIONAL DIRECTORY ENQUIRY SERVICE
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix, unless
stated otherwise is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"BLIND OR DISABLED PERSON" a person fulfilling criteria
determined by BT from time to time
and registered with BT permitting
use of the IDQ Service by that
person at no charge;
"IDQ CENTRE" a BT site where IDQ Operators
answer Calls to the IDQ Service;
"IDQ OPERATOR" a person who answers Calls to the
IDQ Service;
"IDQ SERVICE" the international directory
enquiry service relating to
telephone numbers outside the
British Isles which is more
specifically described in
paragraph 2 below.
2. DESCRIPTION OF SERVICE
2.1 This Schedule gives details of the provision by BT to the Operator
of access to the IDQ Service. The IDQ Service shall only be
available to be accessed by persons having a telephone number
conforming to the UK national numbering scheme.
2.2 A person may request a search for the telephone or telex numbers
of up to two persons listed as telephony or telex Customers of
operators of Authorised Overseas Systems, provided that sufficient
information is given to enable the IDQ Operator to carry out a
search. If the search is successful, the Calling Party will be
supplied with the requested number. However if the number is
listed as an ex-directory number the Calling Party will be so
informed, but the number will not be disclosed.
2.3 Subject to paragraph 2.4 below, refunds of the IDQ Service charge
specified from time to time in the Carrier Price List shall be
made to the Operator by
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BT where the following circumstances are brought to BT's
attention by the Operator Customer:
2.3.1 if an IDQ Operator provides to the Calling Party information
that is inconsistent with correct information that was
available at the IDQ Centre;
2.3.2 if the Call is misrouted by the BT System to the IDQ Service;
2.3.3 if the Calling Party has been cut off by the BT System on a
Call to the IDQ Service or bad transmission over the BT System
prevents the Calling Party from hearing the IDQ Operator's
response;
2.3.4 if the IDQ Operator reasonably feels that the Calling Party
has experienced poor service or exceptional difficulty;
2.3.5 if the Calling Party asks for the number of a particular BT
department or front office;
2.3.6 if the Calling Party makes a Call to enquire about the
progress of an earlier request for information where the IDQ
Operator has offered to ring with the information.
2.4 Refunds shall be made only if the Calling Party identifies to the
IDQ Operator dealing with the refund the originating telephone
number used by the Calling Party to make the Call to the IDQ
Centre.
2.5 International Directory Enquiry Service for the Blind or Disabled
2.5.1 BT shall register as a Blind or Disabled Person those persons
who apply to a BT registration point for consideration by BT
to be registered, subject to the person fulfilling the same
criteria as BT Customers qualifying for registration.
2.5.2 BT shall make no separate charge pursuant to this Schedule for
access to the IDQ Service where:
a) the Call is received at the specialised DQ bureau
dealing with Calls from Blind or Disabled Persons to
the IDQ Service; and
b) the Calling Party is a Blind or Disabled Person.
No refunds shall be offered to the Operator in respect of
the provision of the IDQ Service to Blind and Disabled
Persons.
2.6 If BT makes a material change to the IDQ Service that BT provides
to its own Customers, it shall give the Operator 6 months notice
of such change.
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The notice of such change shall be a review notice in accordance
with paragraph 19.1.3 of the main body of this Agreement.
3. BT'S OBLIGATIONS
3.1 BT shall provide the IDQ Service at all times. In other aspects it
shall provide the same standard and quality of service as BT makes
available to BT Customers calling the IDQ Service from that
locality.
3.2 Subject to the provisions of this Schedule, BT shall convey Calls
for the IDQ Service received from the Operator System to an IDQ
Centre. BT shall be under no obligation to convey any Call to the
IDQ Service which is a type of Call that BT does not convey to
such service for its Customers.
3.3 BT shall use its reasonable endeavours to ensure that 90 per cent.
of all Calls (except those for which there were no queue places
available in the automatic call distribution system) to the IDQ
Service (averaged over a 24 hour period) will be answered within
15 seconds, 7 days per week (with the exception of Christmas Day
when the target percentage shall be 70 per cent.). The balance of
all such Calls shall be answered by the Operator as soon as
reasonably possible after the 15 second period.
3.4 BT shall correct faults which occur in the BT System which affect
the provision of the IDQ Service in accordance with BT's normal
engineering practices. For the avoidance of doubt, BT does not
warrant that the BT System is, or will be, free from faults.
3.5 Procedures for the provision by BT to the Operator of details of
Calls to the IDQ Service handled by IDQ Operators shall be as set
out in Annex B whereby BT shall pay refunds to the Operator.
Refund information shall be included in TIBS Billing Information
and Refund Report.
4. THE OPERATOR'S OBLIGATIONS
4.1 Where the Operator conveys a Call to access the IDQ Service it
shall hand over Calls to a BT Switch Connection at a BT DMSU in
accordance with the Annex A.
4.2 The Operator shall pay to BT for each Call to the IDQ Service the
appropriate charge specified from time to time in the Carrier
Price List.
4.3 The Operator shall correct faults which occur in the Operator
System which affect the provision of the IDQ Service in accordance
with the Operator's normal engineering practices. For the
avoidance of doubt, the Operator does not warrant that the
Operator System is, or will be, free from faults.
5. COMMENCEMENT & TERMINATION
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5.1 BT shall provide the IDQ Service as detailed in this Schedule on
the later of the following:
5.1.1 a date 3 months after the date this Schedule was incorporated
into the Agreement; or
5.1.2 the first Ready for Service Date; or
5.1.3 such other date as the Parties may agree in writing.
5.2 The Operator may terminate access to the IDQ Service provided
under this Schedule by giving 3 months written notice to BT.
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ANNEX C
SCHEDULE 125
EMERGENCY SERVICE
(INCLUDING POST CODE ALLOCATION FOR FIXED EMERGENCY CALLS)
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix, unless
stated otherwise is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"CONNECT TO NUMBER" the telephone number of an
Emergency Organisation applicable
to a Zone Code supplied by the
Operator to BT for Mobile
Emergency Calls;
"FIXED EMERGENCY CALL" an Emergency Call where the
Calling Party is using an Exchange
Line connected to a fixed Network
Termination Point which has a
telephone number conforming to the
UK national numbering scheme and
which permits BT to ascertain the
location of the Calling Party;
"MOBILE EMERGENCY CALL" an Emergency Call where the
Calling Party is using terminal
apparatus which is mobile and in
respect of which, without a Zone
Code, BT would be unable to
ascertain the approximate location
of the Calling Party;
"ZONE CODE" a code, agreed between the
Parties, for signalling and
display to the BT Operator,
identifying the location of the
radio station conveying a Mobile
Emergency Call from an Operator
Customer.
2. DESCRIPTION OF SERVICE
2.1 This Schedule gives details of the provision by BT to the Operator
of a service comprising the conveyance of Emergency Calls and the
handing over of such Calls to an Emergency Organisation. This
service shall only be available to be accessed by persons having a
telephone number conforming to the UK national numbering scheme.
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2.2 Where the Operator System does not hand over Mobile Emergency
Calls to the BT System the rights and obligations under this
Schedule in relation to Mobile Emergency Calls shall not apply.
2.3 The Emergency Service shall be provided in order to assist the
Operator to meet the obligation set out in the applicable
Condition of the Operator Licence. However, BT shall be under no
obligation to provide any Public Emergency Call Service (as
defined in Condition 6 of the BT Licence) wider in scope or more
onerous than that which BT is obliged to provide to a BT Customer.
2.4 BT's obligation in respect of an Emergency Call is to convey it
and hand it over to an Emergency Organisation.
2.5 If BT makes a material change to the Emergency Service that BT
provides to its own Customers it shall give the Operator 6 months
notice of such change. The notice of such change shall be a review
notice in accordance with paragraph 19.1.3 of the main body of
this Agreement.
3. EMERGENCY SERVICES PLANNING AND SET UP
3.1 Where the Operator intends to send Fixed Emergency Calls, it
shall;
3.1.1 provide details, for each Network Termination Point,
of the telephone number, Operator Customer name and
installation address, including the post code,
3.1.2 provide such details, in so far as they have not
been provided pursuant to Schedule 150, by
electronic data interchange in an agreed format
which is recorded in the NIS Manual.
3.2 The provisions of paragraph 7.1.1 (10) of Annex A shall not apply.
3.3 The initial Zone Codes and Connect To Numbers advised to BT by the
Operator are set out in Appendix 125.1.
3.4 The Operator shall order and BT shall provide the necessary Data
Management Amendments for Emergency Calls to be delivered the
relevant Emergency Centres pursuant to the provisions set out in
Schedule 140.
4. BT'S OBLIGATIONS
4.1 BT shall, upon receipt of information from the Operator regarding
new or amended Zone Codes or Connect To Numbers, install that
information within the Emergency Centre database and confirm in
writing to the Operator the installation of that information.
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4.2 Subject to the provisions of this Schedule, BT shall where
Emergency Calls are handed over at agreed Points of Connection:
4.2.1 convey Emergency Calls to an OCHC;
4.2.2 provide an onwards connect service to the relevant Emergency
Organisation via a BT Operator by means of two-way voice
telephony; and
4.2.3 liaise and co-operate with the Operator in resolving any
problems that may arise and assist the Emergency Organisations
with requests for call-trace in the event of failure of an
Emergency Call.
4.3 BT shall convey Emergency Calls at all times and at the same
standard and quality of service as BT makes available to BT
Customers making Fixed Emergency Calls from within that locality.
4.4 BT shall, based upon the Zone Code and the Connect To Numbers
related to that Zone Code contained within the Emergency Centre
database, connect a Mobile Emergency Call to the Connect To Number
on that database shown for the Emergency Organisation requested by
the Operator Customer.
4.5 In the event that BT receives a Mobile Emergency Call with a Zone
Code that is not contained in the Emergency Centre database or
that Zone Code does not refer to a required Connect To Number, or
the Mobile Emergency Call does not contain all the required
information, or the information is incorrect or corrupted, BT
shall use reasonable endeavours to convey the Call to a telephone
number for the appropriate Emergency Organisation.
4.6 BT shall correct faults which occur in the BT System which affect
Emergency Calls in accordance with BT's normal engineering
practices. For the avoidance of doubt, BT does not warrant that
the BT System is, or will be, free from faults.
4.7 The Operations and Maintenance Manual contains procedures for
testing the service set out in this Schedule.
4.8 BT shall provide training to BT Operators for the purpose of
providing services under this Schedule.
4.9 Where the Operator has reasonably required BT's assistance in
replying to enquiries and complaints in respect of Emergency
Calls, BT shall investigate and report to the Operator and neither
Party shall make a charge.
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5. THE OPERATOR'S OBLIGATIONS
5.1 The Operator shall agree with Emergency Organisations the
appropriate local Emergency Organisation departments who shall
receive and process Mobile Emergency Calls from Calling Parties
conveyed to them by BT.
5.2 The Operator shall allocate to each radio station within the
Operator System, which could convey a Mobile Emergency Call, a
Zone Code and agree the area covered by each Zone Code with the
relevant Emergency Organisations and provide to BT in the format
set out in Appendix 125.1, for each Zone Code, at least one and
where practicable up to three Connect To Numbers for each
applicable Emergency Organisation.
5.3 The Operator shall advise BT in writing of any variation to an
existing Zone Code or its associated Connect To Numbers, or any
new Zone Code or its Connect To Numbers in the format set out in
Appendix 125.1 or such other format as may be agreed between the
Parties in writing from time to time.
5.4 Where the Operator delivers an Emergency Call to the BT System it
shall do so at an agreed BT Switch Connection at a BT DMSU in
accordance with Annex A and conform with the other requirements
for Emergency Calls set out in Annex A. Where BT requires that
Mobile Emergency Calls be delivered to another or to different BT
Switch Connections, BT shall give the Operator at least 6 months
notice. The notice shall specify the location of the additional or
different BT Switch Connection and the date by which the changes
shall be implemented by the Operator.
5.5 The Operator shall not convey to the BT System Emergency Calls
before the date agreed pursuant to paragraph 6.1.
5.6 The Operator shall convey to BT all Mobile Emergency Calls in the
format 999 II ABCD where:
999 identifies the Call as an Emergency Call; and
II is the Code notified to the Operator by BT which
identifies the Emergency Call as a Call from an
Operator Customer; and
ABCD is the relevant Zone Code notified to BT by the
Operator pursuant to paragraph 5.2.
or such other digits as the Parties may agree in writing from
time to time.
5.7 The Operator shall convey to BT all Fixed Emergency Calls with
full CLI and shall permit BT to use such CLI to ascertain the
appropriate Emergency Organisation.
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5.8 The Operator shall convey Fixed Emergency Calls with the last
clearing party initiated release protocol set.
5.9 The Operator shall correct faults which occur in the Operator
System which affect Emergency Calls in accordance with the
Operator's normal engineering practices. For the avoidance of
doubt, the Operator does not warrant that the Operator System is,
or will be, free from faults.
5.10 The Operator shall handle, process and reply to all enquiries and
complaints about Emergency Calls.
5.11 The Operator shall pay BT for the conveyance of each Emergency
Call the charge specified from time to time in the Carrier Price
List.
5.12 The Operator shall pay to BT for BT Operator Training the sum
specified from time to time in the Carrier Price List for each of
Fixed Emergency Call service or Mobile Emergency Call service
training within 30 calendar days of the date agreed pursuant to
paragraph 6.1 following confirmation by BT of completion of the
work.
6. COMMENCEMENT & TERMINATION
6.1 The Operator may convey Emergency Calls to BT and BT shall convey
those Calls on the later of the following:
6.1.1 a date 6 months after the date this Schedule was incorporated
into the Agreement; or
6.1.2 the first Ready for Service Date; or
6.1.3 such other date as the Parties may agree in writing.
6.2 The Operator may terminate access to the Emergency Service
provided under this Schedule by giving 3 months written notice to
BT.
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APPENDIX 125.1
ZONE CODE AND CONNECT TO NUMBER
INFORMATION PROVISION FORM
1. The Operator shall provide to BT information relating to Zone
Codes and Connect To Numbers in the following format or as
otherwise amended by BT and advised to the Operator in writing
from time to time:
To: BT Mobile 999 Admin. Centre Fax: 00000 000000
From: (Name) ...................the Operator Fax: ..............
Please implement the following changes to your 999 information.
Ref. No. ......................
Date of change..............................Time of change.....................
Reason for change..............................................................
Information received from Emergency Organisation (date/time) ......./..........
Information sent to Admin. Centre (date/time)......................./..........
--------------------------------------------------------------------------------------------------------------
Changes Table BT use only
--------------------------------------------------------------------------------------------------------------
Country or Area Emergency Connect To Numbers in Zones Affected EDB+GIFChange Lists Change
Authority format
(P) (number) (Q)
----------------- ----------------- -------------------------- ----------------- -------------- --------------
----------------- ----------------- -------------------------- ----------------- -------------- --------------
----------------- ----------------- -------------------------- ----------------- -------------- --------------
----------------- ----------------- -------------------------- ----------------- -------------- --------------
----------------- ----------------- -------------------------- ----------------- -------------- --------------
----------------- ----------------- -------------------------- ----------------- -------------- --------------
----------------- ----------------- -------------------------- ----------------- -------------- --------------
--------------------------------------------------------------------------------------------------------------
Continued on following sheet (delete if not applicable)
--------------------------------------------------------------------------------------------------------------
Information received by (name/date/time) ........../.........../............
Information sent to (date/time) ........../........................
Information received by { ]
Information received by (name/date/time) ........../.........../............
EDB, GIF and/or lists amended by [ ] [ ]
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2. The form described in the immediately preceding paragraph shall
include operational guidance notes which shall be as set down
below or as amended by BT and advised to the Operator in writing
from time to time:
REFERENCE NUMBERS These must run consecutively
starting from 1.
DATE AND TIME OF CHANGE These shall be within the period
Monday to Friday, 08.30 - 16.30. 3
Working Days notice of any
required change must be given.
REASON FOR CHANGE Give brief description only e.g.
"New Zone Code".
CHANGES TABLE For every change there must be an
entry in all of the first four
columns.
COUNTY OR AREA Give name of county or area
involved.
EMERGENCY ORGANISATION State whether it is Fire, Police,
Ambulance or Coastguard, with the
official name of the Emergency
Organisation in brackets e.g.
"Police (Northern Constabulary)".
ZONE AFFECTED Provide in the format 3123.
CONNECT TO NUMBERS You must show the number in the
format (P) 01987 654321 (Q). The
prefix letter must be (P), (S),
(A) or (E) for primary, secondary,
alternative or evacuation numbers
respectively. The suffix letter
must be either (Q) for a queuing
system or (N) if there is none. If
it is a Connect To Number change,
only those Connect To Numbers that
have changed shall be included. If
there is a new Zone Code or the
County or Emergency Organisation
for a particular Zone Code is
changing, then all relevant
Connect To Numbers shall be shown.
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ANNEX C
SCHEDULE 126
RADIOTELEPHONE CALLS
1. DEFINITIONS
1.1 In this Schedule a reference to a paragraph or Appendix, unless
stated otherwise, is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D except as
shown below:
"BT RADIO OFFICER" a BT radio officer who sets up the
Radiotelephone Service;
"RADIOTELEPHONE CALL" a Call set up by a BT Radio
Officer from the Calling Party to
the relevant ship using the
Radiotelephone Service;
"RADIOTELEPHONE REQUEST CALL" a Call handed over by the Operator
to BT on such BT Freefone 0800
number as BT shall advise from
time to time, whereby the Calling
Party requests the BT Radio
Officer to set up a Radiotelephone
Call;
"RADIOTELEPHONE SERVICE" telephone Calls (including related
services) transmitted by wireless
telegraphy from a BT wireless
telegraphy station to a ship.
2. DESCRIPTION OF SERVICE
2.1 Subject to the provision of this Schedule, BT shall convey
Radiotelephone Request Calls handed over from the Operator System
to a BT Radio Officer.
2.2 Radiotelephone Request Calls shall be included in the Traffic
Forecast in accordance with Annex A.
2.3 On receipt of a Radiotelephone Request Call, the BT Radio Officer
shall request the Calling Party to provide its telephone number
and details of the destination ship.
2.4 The BT Radio Officer shall attempt to contact the relevant ship
and, if successful, shall telephone the Calling Party and set up a
Radiotelephone Call.
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2.5 Radiotelephone Calls shall be available to a Calling Party whose
telephone number conforms to the UK national numbering scheme.
2.6 If BT makes a material change to the Radiotelephone Service that
BT provides to its own Customers, it shall give the Operator 6
months notice of such change. The notice of such change shall be a
review notice in accordance with paragraph 19.1.3 of the main body
of this Agreement.
3. ROUTING
3.1 Where the Operator conveys Radiotelephone Request Calls it shall
deliver the Calls to a BT Switch Connection at a BT DMSU, in
accordance with Annex A, which is as near as reasonably
practicable to the geographical location from which the Call
originated or at such other BT Switch Connection as may be agreed
in writing.
4. SERVICE QUALITY
4.1 BT shall convey Radiotelephone Request Calls handed over from the
Operator System and Radiotelephone Calls at the same standard and
quality of service as Calls made by BT Customers making such Calls
in that locality.
4.2 BT shall correct faults which occur in the BT System which affect
the conveyance of Radiotelephone Request Calls and Radiotelephone
Calls in accordance with BT's normal engineering practices. For
the avoidance of doubt, BT does not warrant that the BT System is,
or will be, free from faults.
4.3 The Operator shall correct faults which occur in the Operator
System which affect the conveyance of Radiotelephone Request Calls
and Radiotelephone Calls in accordance with the Operator's normal
engineering practices. For the avoidance of doubt, the Operator
does not warrant that the Operator System is, or will be, free
from faults.
5. DURATION
5.1 BT may terminate the provision of a Radiotelephone Service to the
Operator if BT ceases to provide Radiotelephone Calls for BT
Customers.
5.2 The Operator may terminate access to the Radiotelephone Services
under this Schedule by giving three months written notice to BT.
6. CHARGING
6.1 The Operator shall pay to BT for each Radiotelephone Call the
appropriate charge specified from time to time in the Carrier
Price List. There is a
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minimum charge equivalent to a three minute Radiotelephone Call.
For Radiotelephone Calls greater than three minutes, the duration
is rounded up to the next whole minute.
6.2 Where the BT Radio Officer telephones the Calling Party pursuant
to paragraph 2.4, the Operator shall release BT from any payment
to the Operator for such Call.
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ANNEX C
SCHEDULE 130
CUSTOMER SITED INTERCONNECT
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix, unless
stated otherwise, is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"2 MBIT/S CSI INTERCONNECT LINK" a portion of an Interconnect Link
comprising a 2 Mbit/s Path, an
Intrabuilding Link located at the
BT Switch Connection, and, as
appropriate, a Signalling Link;
"2 MBIT/S PATH" the transmission layer (comprising
the Multiplexors, LTE and a Line)
between the 2.048Mbit/s G703
interfaces of the Multiplexor
located at the Operator building
(housing the Point of Connection)
and the Multiplexor located at the
BT Switch Connection;
"LINE" the transmission medium between
the two LTE's forming part of the
2Mbit/s Path.
2. DESCRIPTION OF SERVICE
2.1 This Schedule applies to the provision of Customer Sited
Interconnect ("CSI") by BT, at the Operator's request, by the
Operator ordering CSI in units of single 2Mbit/s CSI Interconnect
Link.
2.2 Each 2Mbit/s CSI Interconnect Link contains not more than 30
traffic circuits and may, if required, contain a Signalling Link.
A 2Mbit/s CSI Interconnect Link is a component of a Traffic Route
and a Traffic Stream.
2.3 Unless otherwise agreed, a 2Mbit/s CSI Interconnect Link may
convey Traffic Types of both Parties.
3. PROVISION OF SERVICE
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3.1 The Operator shall provide at its expense at the Operator building
housing the Point of Connection, suitable accommodation for the BT
equipment at the agreed Point of Connection.
3.2 Subject to the provisions of this Schedule, BT shall provide the
2Mbit/s Path and the Intrabuilding Link which form part of the
Interconnect Link.
3.3 The Operator shall provide BT with access to the BT equipment at
the Point of Connection at reasonable times for provision and or
maintenance of 2Mbit/s CSI Interconnect Links. If consent is
required from a Third Party, the Operator shall procure such
consent. BT undertakes not to damage or destroy equipment forming
part of the Operator System whilst providing or maintaining
2Mbit/s CSI Interconnect Links. If such damage or destruction does
occur then, subject to the provisions of the main body of the
Agreement, BT shall pay the reasonable cost of repair or
replacement of such equipment, fair wear and tear excepted.
3.4 Subject to BT obtaining all necessary consents, BT shall provide
2Mbit/s Paths by optical fibre. If BT is unable to obtain such
consents BT, after notifying the Operator in writing, may:
3.4.1 suspend its obligations under the relevant order until such
time as the necessary consents are obtained; and/or
3.4.2 notify the Operator that, subject to the payment of additional
charges (if any), BT shall provide (as a temporary or
permanent measure) that 2 Mbit/s Path by radio.
3.5 If pursuant to paragraph 3.4.2 the Operator notifies BT that the
Operator does not accept provision by the use of radio, BT's
obligation to provide that CSI 2Mbit/s Interconnect Link shall be
suspended until such time as the necessary consents are obtained.
3.6 If BT notifies the Operator of its intention to suspend its
obligation to provide a CSI 2Mbit/s Interconnect Link in
accordance with this paragraph:-
3.6.1 BT shall, if practicable, inform the Operator of the date when
BT reasonably expects the necessary consents to be available;
and
3.6.2 the Operator may notify BT in writing of the cancellation of
the order for that CSI 2Mbit/s Interconnect Link without the
pre-payment provisions of Annex A being invoked.
3.7 If pursuant to paragraph 3.4.2 the Operator notifies BT that the
Operator accepts provision by the use of radio, BT shall so
provide the 2Mbit/s Path, provided that all necessary consents are
obtained.
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3.8 If a 2Mbit/s Path has been provided by radio, BT at its cost, may,
at its discretion, provide in substitution a 2Mbit/s Path by
optical fibre.
3.9 If the BT equipment at the Point of Connection requires a
continuous mains electricity supply and electricity connection
points, they shall be supplied, where specified by BT, by the
Operator at its expense. Such electricity shall be available at
the same level of supply, protection and continuity as that
available to the Operator equipment.
3.10 Forecasting, provisioning, routing principles and test procedures
are specified in Annex A.
3.11 The Operator shall provide and maintain, at its expense, the
portion of the Interconnect Link from the Point of Connection to
the Operator Switch Connection.
3.12 The Operator shall be solely responsible for any loss, theft or
destruction of, or damage (reasonable wear and tear excepted) to
BT equipment in the accommodation housing the agreed Point of
Connection, howsoever caused (unless caused by BT or its agents),
occurring at any time while such BT equipment is so located.
3.13 BT shall provide and maintain the 2Mbit/s Path to engineering
standards, (including diversity) not less than those used by BT to
provide its BT 2Mbit/s digital wide band service to BT Customers.
4. SIGNALLING
4.1 When ordering, for the first time, a 2Mbit/s CSI Interconnect Link
between a specific BT Switch Connection and a specific Operator
Switch Connection the Operator shall order a Signalling Link Set
and specify the Route Type(s) required. Where the BT Switch
Connection is at a BT ISC and the Operator has an Interconnect
Link to another BT ISC, the Parties may agree to a single
Signalling Link Set being used to support Interconnect Links to
two BT ISCs.
4.2 The Operator shall order an additional Signalling Link Set if the
total number of 2Mbit/s CSI Interconnect Links between the same
Switch Connections exceed 40 or multiples of 40.
4.3 An order for a Signalling Link Set shall include an order for two
2Mbit/s CSI Interconnect Links.
5. ROUTE TYPES
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5.1 Each Traffic Route is provided with a Route Type. Where a Party
orders an additional Route Type it shall specify the required
Traffic Type.
6. REARRANGEMENTS
6.1 The Operator may request, in accordance with Annex A, the
rearrangement of Intrabuilding Links on the Operator's side of the
Point of Connection, or, in the building housing the BT Switch
Connection. A change necessitating a 2Mbit/s Path being moved from
one building to another building is the termination of, and the
provision of a new 2Mbit/s CSI Interconnect Link.
7. CHARGES
7.1 Subject to the provisions of this paragraph 7, for each 2Mbit/s
CSI Interconnect Link, each Signalling Link Set and Route Type
ordered by the Operator, the Operator shall pay to BT the
connection and rental charges specified from time to time, in the
Carrier Price List.
7.2 An Intrabuilding Link charge applies to each order for a 2Mbit/s
CSI Interconnect Link. If an Intrabuilding Link contains a
Signalling Link which supports unidirectional traffic the charge
for that Intrabuilding Link is included in the Signalling Link Set
charge.
7.3 There are two different Signalling Link Set charges in respect of
Customer Sited Interconnect, namely, a charge for such a Link
conveying unidirectional traffic (including, notwithstanding such
Calls being conveyed in the opposite direction, Indirect Access
Calls) and a charge for such a Link carrying bothway traffic.
7.4 The Signalling Link Set charge includes one single Route Type.
Charges for additional Route Types are payable as specified from
time to time in the Carrier Price List.
7.5 Charges for re-arrangements, pursuant to paragraph 6.1, are
payable as specified, from time to time, in the Carrier Price
List.
7.6 BT shall apply its retail terms and conditions for the provision
by BT of ducting required for CSI. The Operator shall pay to BT
duct charges specified from time to time in the BT Retail Price
List for "Megastream Charges" - "Ancillary Charges".
7.7 The Operator shall pay the relevant connection charges specified
from time to time in the Carrier Price List for each provided
2Mbit/s CSI Interconnect Link.
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7.8 Where initial interconnection is provided by means of Customer
Sited Interconnect:
7.8.1 Until the sooner of the next Quarter Day after a period of six
months from the launch of the Operators initial commercial service
utilising Interconnect Links, or nine months after the provision
of the first 2Mbit/s CSI Interconnect Link, the Operator shall,
unless otherwise agreed in writing, pay rental for 2Mbit/s CSI
Interconnect Links in accordance with the following formula:
R(p) = R(t)
----
2
Where:
R(p) is the rental payable
R(t) is the sum of all 2Mbit/s CSI Interconnect Link
rental calculated from the relevant charges
specified from time to time in the Carrier Price
List.
7.8.2 After the period referred to in the preceding paragraph, or such
other date as the Parties may agree in writing, the Operator
shall pay rental for 2Mbit/s CSI Interconnect Links in accordance
with the following formula:
R(p) = R(t) x C(o)
----
C(t)
Where:
R(p) is the rental payable
R(t) is the sum of each and every 2Mbit/s CSI
Interconnect Link rental calculated from the
relevant charges specified from time to time in the
Carrier Price List;
and, taken from the relevant Interconnect Usage Reports of the
first three months of the period of four months preceding the due
rental date:
C(o) is the total Call minutes for Calls conveyed from
the Operator to BT (but including Indirect Access
Calls conveyed to the Operator and such other Call
types as may be agreed)
C(t) is the total Call minutes between the Parties.
7.8.3 Following the submission of the first xxxx pursuant to paragraph
7.8.2 the calculation pursuant to that paragraph shall be applied
to the preceding period for which the calculation in paragraph
7.8.1 applied, and any over or
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under payment by Operator shall be rectified by adjustment of the
next following invoice for 2Mbit/s CSI Interconnect Links.
7.9 Where interconnection between the Parties exists prior to the
provision of Customer Sited Interconnect, the rental for 2Mbit/s
CSI Interconnect Links shall be calculated in accordance with the
formula set down in paragraph 7.8.2.
7.10 A connection charge payable pursuant to this Schedule shall be
that applicable, from time to time, at the time of placement of
the order.
7.11 A rental charge payable pursuant to this Schedule shall be the
then current rental charge for the relevant rental period or
portion thereof, which shall be the due date referred to in
paragraph 7.12.
7.12 Connection and rental charges shall be due on the later of:
7.12.1 the date for the commencement of service of that 2
Mbit/s CSI Interconnect Link specified by the
Operator in the relevant order, or
7.12.2 the date which is the earlier of the relevant Ready
for Service Date or 30 days after the relevant Ready
for Test Date.
Rental charges shall be payable in accordance with the periodicity
specified in the Carrier Price List.
7.13 In addition to the charges specified from time to time in the
Carrier Price List, each Party shall, if applicable, make the
additional payments specified in Appendix C of Annex A.
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ANNEX C
SCHEDULE 140
DATA MANAGEMENT AMENDMENTS
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix, unless
stated otherwise, is to a paragraph or Appendix of this Schedule.
Words and expressions have the meaning given in Annex D, except as
shown below:
"BT ADMINISTRATIVE ZONE" a separate administrative unit
managing a portion of the BT
System;
"BT CHARGE BAND" for each BT Switch, a group of
Call destinations for which the
same BT retail charge (as
specified in the BT Retail Price
List) applies;
"DATA MANAGEMENT AMENDMENT" such reconfiguration of the BT
System as is necessary for access,
routing and charging of Calls.
2. DESCRIPTION OF SERVICE
2.1 This Schedule applies to Data Management Amendments made pursuant
to the Operator's request.
2.2 New Numbering Requirements.
2.2.1 The data changes on a BT Switch necessary for BT, using
current BT Charge Bands, to set up Traffic Streams for
Number Ranges and Access Codes, which changes apply to:
(a) a new AFN;
(b) a new NNG;
(c) discrimination of a single D digit, or DE digit on a
new NNG;
(d) discrimination of more than one D digit or DE digit
on a new NNG;
(e) a new Access Code;
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(f) a new Operator Free Phone NNG.
2.3 Traffic Stream Changes On A BT Switch.
2.3.1 The data changes on a BT Switch necessary for BT to alter
the destination of an existing Traffic Stream, which
changes apply to an:
(a) AFN;
(b) NNG;
(c) NNG with routing discrimination down to one or more
D digit combinations;
(d) NNG with routing discrimination down to one or more
DE digit combinations;
(e) Access Code;
(f) Operator Free Phone 0800 and an Operator Free Phone
NNG.
2.4 Changes To BT Charge Band Allocation.
2.4.1 The data changes on a BT Switch made necessary because of a
change at the Operator's request to the payments payable by
the Parties under a relevant Schedule, for BT to relocate
the Number Ranges from an allocated BT Charge Band to
another current BT Charge Band, which changes apply to:
(a) NNGs;
(b) NNGs with charging discrimination down to one or
more D digit combinations;
(c) NNGs with charging discrimination down to one or
more DE digits combinations.
2.5 Differential D Digit Charging Discrimination.
2.5.1 The data changes on a BT Switch necessary to expand an
existing NNG to an NNG with charging discrimination to a
maximum of two D digits.
2.6 Other Data Management Amendments.
2.6.1 Subject to the provisions of this Agreement, BT shall
install necessary changes (including data changes) for BT
to:
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(a) route Emergency Calls to appropriate Emergency
Centres;
(b) make such changes at BT Public Call Boxes or BT
Temporary Call Boxes (each as defined in Condition
11 of the BT Licence) to enable Operator Free Phone
Calls to be made from such Call Boxes;
(c) route Calls to Ported Number NTPs as defined in
Schedule 04 (Number Portability);
(d) route BT No Ring Calls as defined in Schedule 107
(BT No Ring Calls to the BT System (in connection
with a Telemetry Service)).
3. QUOTATION FOR SERVICE
3.1 The Operator shall submit to BT a written request for a quotation
for Data Management Amendments in relation to services to be
provided under a Schedule of this Agreement and with such request
provide to BT in writing the information reasonably necessary to
enable BT to produce an implementation programme.
3.2 Save for the changes under paragraph 2.6.1(b):
3.2.1 if a quotation is for a type of Data Management Amendment set
out in paragraphs 2.2, 2.4 or 2.5 and is for implementation by
BT over the whole geographic area covered by the BT System, BT
shall provide such quotation not later than 10 Working Days;
or
3.2.2 in all other cases, as soon as reasonably practicable, BT
shall provide a written quotation and implementation programme
both of which shall be provided not later than 20 Working
Days;
from receipt of the Operator's request for a quotation.
3.3 A quotation shall remain valid for six months from the date of
issue of the relevant quotation.
3.4 BT shall compile the quotation on the basis of the minimum cost to
the Operator that is consistent with good engineering practice in
executing work in the BT System.
3.5 For Data Management Amendments:
(a) for changes pursuant to 2.6.1(b) the implementation
programme and price shall be subject to the Parties'
written agreement; and
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(b) associated with Access Codes, BT may advise the Operator,
as soon as reasonably practicable and in any event not
later than the time of the provision of the implementation
programme, that the implementation programme may be in
excess of 40 Working Days;
and if the implementation programme is in excess of 40 Working
Days the implementation programme shall be subject to the Parties'
written agreement.
3.6 If, BT is late in providing a written quotation and implementation
programme pursuant to paragraph 3.2 and the Operator immediately
places an order for such pursuant to paragraph 4, BT shall
complete the implementation programme within the time periods
specified in paragraph 4.3 less the number of days that it was
late in providing the relevant quotation and implementation
programme.
4. ORDER AND IMPLEMENTATION PROCESS
4.1 Not later than six months from the date of a quotation, the
Operator may place on BT a written order accepting the quotation.
Such order shall specify the required date of completion of the
implementation programme, subject to such completion date being:
4.1.1 not less than 40 Working Days from the date of receipt of the
order by BT; and
4.1.2 not more than 40 Working Days after the validity period of the
relevant quotation.
4.2 As soon as practical and not later than two Working Days from the
date of BT's receipt, BT shall give written acknowledgement of
receipt of the order. BT shall proceed with the implementation
programme for the Data Management Amendment provided that:
4.2.1 the Operator and BT have agreed in writing the Schedule(s) for
service(s) or, the service is launched pursuant to paragraph 8
of the main body of the Agreement to which such Data
Management Amendment order relates;
4.2.2 the Operator has given written confirmation to BT that the
Number Ranges have been reserved and allocated to the Operator
by the Director General for use by the Operator or the
Operator provides to BT written authority, from the Third
Party Operator to whom the Number Range has been allocated, to
carry out the requested Data Management Amendment;
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4.2.3 the Operator and BT have agreed such Operator test facilities
as BT may reasonably require and the Operator has provided
such test facilities (including, without limitation, such
number of test lines and appropriate tone/announcement) by the
time of commencement by BT of the implementation programme;.
4.2.4 the order form has been completed by the Operator;
and sufficient Capacity (for testing by BT of the Data
Management Amendment) is ready for service or has been ordered
by the Operator with a Ready For Service Date being prior to
the commencement date of the implementation programme by BT.
4.3 Except for those Data Management Amendments specified in paragraphs
2.6.1(b) and 3.5(b) and subject to paragraphs 4.1, 4.2 and 4.4, BT
shall complete the implementation programme for the Data Management
Amendments not more than 40 Working Days from the date of receipt by BT
of the relevant order, or, if later, the required date for completion
specified in the relevant order.
4.4 Completion by BT of the implementation programme is subject to the
ongoing availability of sufficient Operator test facilities.
4.5 If the provisions of paragraphs 4.2 and 4.4 are not met, BT may suspend
the implementation programme and shall advise the Operator that work
shall not recommence until:
4.5.1 the Operator gives written confirmation to BT that the
provisions of paragraphs 4.2 and/or 4.4 (as the case may be)
have been met; and
4.5.2 the Parties agree any amendments to the implementation
programme and revisions (if any) to the Data Management
Amendment charges, such agreement not to be unreasonably
withheld or delayed;
and if work does not recommence within 60 Working Days, the
Data Management Amendment order (subject to BT giving not less
than 60 Working Days notice) shall be deemed a cancellation by
the Operator and the date of suspension by BT shall be the
date used to calculate the number of Working Days in
calculating the charges payable by the Operator pursuant to
paragraph 5.3.
4.6 A revision to the implementation programme in accordance with paragraph
4.5 may result in the implementation period being extended to such
period as is greater than 40 Working Days plus the period of delay.
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4.7 On completion of the implementation programme, BT shall give written
confirmation to the Operator of full implementation of the Data
Management Amendment order.
4.8 A reference in this Schedule to a matter being agreed between Parties
means such agreement not to be unreasonably withheld or delayed. If
agreement between the Parties is not reached pursuant to paragraphs 3.5
and 4.2 either Party may notify the other in writing of a Dispute.
5. CHARGING
5.1 The quotation for each type of Data Management Amendment requested by
the Operator pursuant to paragraph 2 (excluding those in paragraph
2.6.1(b)) shall be set out and calculated as the sum of the charges for
the following components:
(a) fixed charge; plus
(b) zone charge multiplied by the number of affected BT
Administrative Zones; plus
(c) processor charge for each affected BT Exchange type multiplied
by the number of such affected BT Exchanges.
The above component charges, for each type of Data Management
Amendment, shall be specified from time to time in the Carrier Price
List.
5.2 For implementation by BT of a Data Management Amendment order, the
Operator shall pay the charges quoted by BT and payment shall be due on
the earlier of:
5.2.1 BT giving written confirmation to the Operator of the full
implementation of the Data Management Amendment order; or
5.2.2 if the order has been subject to suspension pursuant to
paragraph 4.5, the original required date for the completion
of the work as specified in the original order.
5.3 If, prior to notification by BT to the Operator pursuant to paragraph
4.7, the Operator (a) requests a material alteration to the
implementation programme, or (b) cancels the order, within the time
periods set out below, the Operator shall pay to BT the charges set out
opposite such time periods, being the charges specified in the relevant
quotation for that order:
NUMBER OF WORKING DAYS PRIOR TO THE
REQUIRED DATE FOR THE COMPLETION OF THE CHARGE
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IMPLEMENTATION PROGRAMME
--------------------------------------------- ---------------------------------
20 or more fixed charge
--------------------------------------------- ---------------------------------
--------------------------------------------- ---------------------------------
19 - 10 fixed and zone charges
--------------------------------------------- ---------------------------------
--------------------------------------------- ---------------------------------
9 - 0 fixed, zone and processor charges
--------------------------------------------- ---------------------------------
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ANNEX C
SCHEDULE 150
ENTRIES IN BT'S NUMBER INFORMATION SYSTEM (NIS) AND PHONE BOOKS
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix, unless stated
otherwise is to a paragraph or Appendix of this Schedule. Words and
expressions have the meaning given in Annex D, except as shown below:
"BT DAS DATABASE" the BT database in machine-readable form of
names, addresses and telephone numbers used
by BT for the purpose of providing, by means
of the BT System, a Directory Information
Service;
"BT NIS DATABASE" the BT database containing information
(including without limitation, names,
address and telephone numbers) relating to
BT Customers and customers of certain Third
Party Operators;
"BT PHONE BASE" the BT database containing entries from time
to time available for the alphabetical
section of BT Phone Books;
"BT PHONE BOOK" an unclassified printed telephone directory,
published by BT, relating to a particular
geographical area and containing, in
alphabetical order, the names, addresses and
telephone numbers of BT Customers and
certain customers of Third Party Operators;
"BT PHONE DISK" a BT compact disc containing entries from
time to time available for the alphabetical
section of BT Phone Books;
"DIRECTORY INFORMATION SERVICE" a service as defined in Section 4(3) of the
Act;
"LORS DATABASE" the BT database used to view, add, amend and
delete names, addresses and telephone
numbers of certain Third Party Operators on
the BT NIS Database;
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"NIS INFORMATION" data, being the relevant part of Operator
Customer Information included in the BT NIS
Database in accordance with Operator
instructions and the practice applicable to
BT Customers;
"OPERATOR CUSTOMER INFORMATION" information provided by the Operator
relating to a person having a telephone
number allocated in accordance with the UK
national numbering scheme. The expression
shall also include information relating to
the Operator in respect of those telephone
numbers which the Operator has allocated
for its own use;
"OPERATOR EX-DIRECTORY INFORMATION" Operator Customer Information in respect of
which the Operator notifies BT in writing
that the telephone number is not to be
disclosed;
"PHONE BOOK INFORMATION" data, being part of Operator Customer
Information for inclusion in a BT Phone
Book, in accordance with the Operators
instructions and with the practice
applicable to BT Customers.
2. DESCRIPTION OF SERVICE
2.1 This Schedule gives details of the provision by BT to the Operator of
services whereby BT includes NIS Information on the BT NIS Database and
Phone Book Information in BT Phone Books, BT Phone Base and BT Phone
Disk
2.2 If BT wishes to make a material change to the services set out in this
Schedule, it shall give the Operator 6 months' notice of such change.
The notice of such change shall be a review notice in accordance with
paragraph 19.1.3 of the main body of this Agreement.
3. INCLUSION OF OPERATOR CUSTOMER INFORMATION ON BT'S NIS DATABASE
3.1 The Operator shall:
3.1.1 for Operator Customer Information provided by the Operator via the BT
OLO Group (OLG):
3.1.1.1 supply to BT forecasts to enable BT to plan to meet its
obligations under this Schedule. These forecasts shall include
details of the
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number of new and additional entries, and of amendments and
cessations of information previously included on the BT NIS
Database. The forecasts shall initially be supplied before the
date upon which the Operator wishes the service to commence
and be for 2 years broken down quarterly. These forecasts
shall be up-dated at least once a year;
3.1.1.2 where the Operator provides Operator Customer Information in
written form, deliver the Operator Customer Information to BT
in the agreed format recorded in the NIS Manual;
3.1.1.3 where the Operator provides Operator Customer Information on
computer disk or by electronic data interchange, give BT two
weeks' written notice of the date on which delivery shall
commence and deliver the Operator Customer Information in the
agreed format recorded in the NIS Manual;
3.1.1.4 deliver collations of Operator Customer Information to BT on a
daily or weekly basis as agreed between the Parties and shall
use reasonable endeavours to ensure that the Operator Customer
Information is accurate and complete and that Operator
Ex-Directory Information is clearly marked as such;
3.1.2 when accessing the LORS Database:
3.1.2.1 input Operator Customer Information in accordance with the
format recorded in the NIS Manual;
3.1.2.2 access the LORS Database in accordance with the BT LORS Access
Guide Issue 1 dated June 1996 as the same may be updated from
time to time;
3.1.3 before passing Operator Customer Information to BT, obtain any
consents deemed necessary by the Operator or ensure that such
consents have been obtained, including those required under
the Data Protection Xxx 0000 so that BT may treat that
information in the same way as it treats information regarding
BT Customers held in the BT NIS Database;
3.1.4 nominate members of its staff, and telephone numbers to
contact such staff, in sufficient numbers as BT may reasonably
require as contact points to provide assistance to facilitate
the inclusion of Operator Customer Information onto the BT NIS
Database;
3.1.5 pay the appropriate charges in respect of Operator Customer
Information included on the BT NIS Database as specified from
time to time in the Carrier Price List. The holding charge is
payable per
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year, and payment is due on the next Quarter Day following the
date of entry of the particular Customer Information into the
BT NIS Database and yearly thereafter. For this purpose the
Quarter Days are 1 January, 1 April, 1 July and 1 October.
This charge is payable each year until deletion of the
Customer Information;
3.1.6 The charges for additions and amendments will become due on
the next Quarter Day.
3.2 BT shall use reasonable endeavours to include Operator Customer
Information on the BT NIS Database within 2 Working Days from receipt
of the Operator Customer Information pursuant to paragraph 3.1.1 and
within 1 Working Day from entry of the Operator Customer Information
onto the LORS Database pursuant to paragraph 3.1.2. BT shall then make
the Operator Customer Information available on the BT DAS Database, BT
Phone Base and BT Phone Disk in the same timescale as BT makes similar
information available relating to BT Customers.
3.3 Where any Operator Customer Information cannot be processed because
that information is inaccurate or incomplete, BT will reject that
information and inform the Operator within two Working Days. BT shall
be under no obligation to enter rejected information on the BT NIS
Database.
4. EXCEPTIONAL CIRCUMSTANCES
4.1 Where there is an established base of Operator Customer Information
which is to be included in the BT NIS Database pursuant to paragraph
3.1.1, the Parties will agree a timescale for entry of this Operator
Customer Information. BT will use reasonable endeavours to meet this
timescale and the Operator releases BT from the obligation set out in
paragraph 3.2.
4.2 Where the Operator provides more Operator Customer Information than it
has forecast pursuant to paragraph 3.1.1.1, BT will use reasonable
endeavours to enter this information in BT NIS Database but shall be
released from the obligation set out in paragraph 3.2. In this
circumstance, BT will invite the Operator to re-forecast further
requirements and to indicate the order in which BT should process the
Operator Customer Information.
5. BT PHONE BOOKS
5.1 Except where the Operator has asked BT to delete Operator Customer
Information, BT shall use reasonable endeavours to include in the next
and subsequent editions of the BT Phone Book specified in the Operator
Customer Information, Phone Book Information selected from NIS
Information included on the BT NIS Database in accordance with
paragraph 3.2 (other than that clearly marked by the Operator as
Operator Ex-Directory
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Information or as information that is not to be included in BT Phone
Books).
5.2 Entries in the BT Phone Books, including additional and special
directory entries, will be available in the same styles and formats as
are available to BT Customers.
5.3 BT shall not be obliged to produce any special or additional notice or
edition of any BT Phone Book in order to perform its obligations under
this paragraph 5. Each BT Phone Book will acknowledge, where
applicable, that it contains numbers of customers of Third Party
Operators other than BT. BT shall not be obliged to correct any error
or omission arising in connection with any entry of Operator Customer
Information or any other entry in any BT Phone Book. However BT shall
endeavour to correct errors or omissions notified to BT by the Operator
in subsequent editions of the BT Phone Book.
5.4 The choice of name and format for BT Phone Books shall at all times
remain within BT's sole discretion.
5.5 In addition to any other charges set out in the Schedule, the Operator
shall pay the appropriate charges for entries in BT Phone Books. The
rates to be paid by the Operator for the inclusion of additional
entries, and entries using bold or superbold typefaces, for entries
relating to Operator Customer Information in BT Phone Books shall be an
annual payment per edition of a BT Phone Book in which an entry is to
be included, and this will be four times the quarterly rental as
published from time to time in the BT Retail Price List for similar
entries and will become due on the next Quarter Day and annually
thereafter.
6. USE OF OPERATOR CUSTOMER INFORMATION
6.1 BT shall protect and be entitled to use Operator Customer Information
in all respects in the same manner as BT Customer information contained
in the BT NIS Database.
6.2 At the request of the police only, a BT Operator may ask a person whose
telephone number is classified as Operator Ex-Directory Information if
the person will accept a Call from the police.
6.3 BT shall be entitled to use, copy, modify, merge, re-sell, licence the
use of, transfer or publish all information contained on the BT NIS
Database and Phone Book Information (including entries based upon
Operator Customer Information other than Operator Ex-Directory
Information), which shall include publication by BT of any classified
or unclassified directory provided that BT shall not use Operator
Customer Information separately
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from the generality of information on the BT NIS Database or Phone Book
Information.
6.4 BT shall be entitled to permit Third Party Operators in the United
Kingdom and operators of Authorised Overseas Systems to access the BT
DAS Database or the information contained therein for the purpose of
providing Directory Information Services or telephone number
information, respectively.
7. COMMENCEMENT AND TERMINATION
7.1 BT shall provide service under this Schedule on and from the later of:
7.1.1 a date one month after the date this Schedule was incorporated
into the Agreement; or
7.1.2 such other date as the Parties may agree in writing.
7.2 The Operator may terminate the services provided under this Schedule by
giving 3 months' written notice to BT.
7.3 BT may terminate the services provided under this Schedule by giving 6
months' written notice to the Operator.
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ANNEX C
SCHEDULE 152
SUPPLY OF BT PHONE BOOKS
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix, unless stated
otherwise is to a paragraph or Appendix of this Schedule. Words and
expressions have the meaning given in Annex D, except as shown below:
"BT PHONE BOOK" one of BT's unclassified printed telephone
directories relating to a particular
geographical area and containing, in
alphabetical order, the names, addresses and
telephone numbers of BT Customers and
customers of Third Party Operators.
2. DESCRIPTION OF SERVICE
2.1 This Schedule gives details of the supply of paperback versions of BT
Phone Books to the Operator. In this Schedule, the London-wide
Residential Phone Book shall count as two BT Phone Books for charging
and delivery purposes.
3. SUPPLY OF BT PHONE BOOKS AT ANY TIME
3.1 BT shall supply BT Phone Books to the Operator following receipt of a
written order in the agreed format recorded in the Phone Books Manual.
The BT Phone Books shall be delivered to a single address within the
United Kingdom specified by the Operator.
3.2 The charge for supply of BT Phone Books as provided for in paragraph
3.1 will be the price specified from time to time in the Carrier Price
List and where applicable, be subject to the discounts set out therein
where the BT Phone Books are delivered together against a single order
to a single address. BT shall invoice the Operator following delivery
of the BT Phone Books.
4. SUPPLY OF BT PHONE BOOKS AT A SCHEDULED PRINT DATE
4.1 BT shall provide to the Operator at approximately quarterly intervals,
a list of the dates on which production of new or reprinted BT Phone
Books will be completed during the subsequent twelve months. Where the
Operator provides to BT a written order for more than 1000 of the same
edition of BT
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Phone Books in the agreed format at least three months before the dates
on which production of new or reprinted BT Phone Books will be
completed, BT shall:
4.1.1 accept the order subject to payment of a order charge
specified from time to time in the Carrier Price List;
4.1.2 give the Operator the option of having the BT Phone Book put
into a coloured wrapper without any of the loose inserts which
BT would have packed with the BT Phone Book;
4.1.3 deliver the BT Phone Books to the Operator at a single address
in the United Kingdom subject to the Operator's agreement to
pay the Delivery Charges specified from time to time in the
Carrier Price List. Where the order is for more than 10,000 BT
Phone Books, BT shall provide a quotation for delivery upon
request;
4.1.4 permit the Operator to collect the ordered BT Phone Books from
BT's printing contractor subject to the Operator collecting
the BT Phone Books on the day following the day when
production is completed. In the event that the Operator fails
to so collect the BT Phone Books, BT shall be entitled to
charge the Operator reasonable sums for the removal and
storage of the BT Phone Books.
4.2 If the Operator does not exercise the options set out in paragraph
4.1.2 to 4.1.4 and orders in excess of 1000 BT Phone Books for
delivery, BT shall, at the Operator's request, arrange for the delivery
of the BT Phone Books to those persons specified by the Operator,
providing that the BT Phone Book concerned is one that BT distributes
automatically to BT Customers in the same geographical area. The
Operator shall:
4.2.1 provide an estimate of the number of addresses for which
delivery is required, at least three months before the
completion of the production of the BT Phone Books;
4.2.2 provide details of the names, full postal addresses, including
postcodes and number of BT Phone Books to be delivered for
each delivery address at least six weeks before completion of
production (except for delivery of the London Business and
Services Phone Book where details shall be provided to BT ten
weeks before the completion of production). The details shall
be supplied in the agreed written format or the agreed format
on computer disk which is recorded in the Phone Books Manual.
4.3 BT shall procure that its delivery contractor provides the same
delivery service to those persons specified by the Operator as it
provides to BT Customers in that locality.
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4.4 Where the Operator has ordered more BT Phone Books than are required
for delivery the Operator will provide an address in the United Kingdom
for delivery of the balance of BT Phone Books. Where this address is in
the delivery area for the BT Phone Books that are to be delivered on
the Operator's behalf, then BT shall arrange for the delivery of the
balance to be free of any additional delivery charge. Where the address
is outside the delivery areas the Operator shall pay BT's reasonable
delivery charge or collect the books from BT's printing contractor the
day following completion of production.
4.5 Where the Operator has ordered less BT Phone Books than are required
for delivery, BT shall make up the balance and will invoice the
Operator for the balance at the price specified from time to time in
the BT Retail Price List.
4.6 Where BT either fails to deliver a BT Phone Book in accordance with the
instructions provided pursuant to paragraph 4.2.2 or delivers it in a
damaged condition, BT shall arrange for that person to receive the BT
Phone Books. However, BT shall only respond to enquiries relating to
failure to deliver, the condition of BT Phone Books or the place where
the BT Phone Book is left by BT's delivery contractor.
4.7 Where BT is to deliver BT Phone Books to addresses supplied by the
Operator, the Operator shall provide a representative sample of 5% of
each the residential addresses and the business addresses. This sample
shall be used only for BT or its agents to check that BT delivery
contractor has satisfactorily completed its tasks. For each address in
the sample the Operator shall provide the name, address and telephone
number in an agreed format which is recorded in the Phone Book Manual.
5. COMMENCEMENT, DURATION AND REVIEW
5.1 The Operator may place orders for BT Phone Books in accordance with the
provisions of this Schedule on and from the date this Schedule was
incorporated into the Agreement. However the notice periods set out in
paragraph 4 above shall apply.
5.2 BT shall only be obliged to deliver the BT Phone Book to persons
nominated by the Operator pursuant to paragraph 4.2 above until 31 May
1997.
5.3 If BT wishes to make a material change to the services set out in this
Schedule or to cease delivery of BT Phone Books in accordance with this
Schedule, it shall give the Operator 6 months written notice. The
notice of such changes shall be a review notice in accordance with
paragraph 19.1.3 of the main body of this Agreement.
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6. CHARGING
6.1 The Operator shall pay BT the sums specified from time to time in the
Carrier Price List for the supply of BT Phone Books.
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ANNEX C
SCHEDULE 153
SUPPLY OF CUSTOMISED TELEPHONE DIRECTORIES
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix, unless stated
otherwise is to a paragraph or Appendix of this Schedule. Words and
expressions have the meaning given in Annex D, except as shown below:
"BT PHONE BOOK" one of BT's unclassified printed telephone
directories relating to a particular
geographical area and containing, in
alphabetical order, the names, addresses and
telephone numbers of BT Customers and
customers of Third Party Operators;
"CUSTOMISED TELEPHONE DIRECTORY" a printed telephone directory conforming to
the conditions set out in this Schedule and
containing a Preface and the alphabetical
section of a BT Phone Book listing names,
addresses and telephone numbers;
"PREFACE" the first 32 or 64 page section of a
Customised Telephone Directory which
precedes the alphabetical section;
"PRINT COMPLETION DATE" the date on which BT's printing contractor
plans to complete the printing of an edition
of a BT Phone Book and any Customised
Telephone Directories;
"PRINT PROOF" a print of a page suitable for checking the
accuracy, colour and printing quality;
"COPY" art work suitable for the manufacture of
printing plates, conforming to the
specification set out in Appendix 153.1.
2. DESCRIPTION OF SERVICE
2.1 This Schedule describes the provision by BT of Customised Telephone
Directories to the Operator.
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3. ORDERING
3.1 BT shall provide to the Operator, at approximately quarterly intervals,
a list of the known Print Completion Dates for new or reprinted BT
Phone Books.
3.2 The Operator shall order Customised Telephone Directories by completing
the order form set out in the Phone Books Manual such that it is
received by BT not less than 4 calendar months before the Print
Completion Date for the relevant edition of the BT Phone Book.
3.3 The minimum quantity per order for each edition of a Customised
Telephone Directory is 5000.
3.4 If the Operator requires BT to deliver the Customised Telephone
Directories it shall specify the delivery address in the order placed
pursuant to paragraph 3.2.
4. COMPOSITION OF CUSTOMISED TELEPHONE DIRECTORIES
4.1 The cover and Preface shall conform to the Customised Telephone
Directories Specification at Appendix 153.1.
5. NOTICES AND COPYRIGHT
5.1 The Operator shall include in a Customised Telephone Directory the
notices set out in Appendix 153.2.
5.2 The Operator hereby indemnifies BT against any and all claims for
infringement of any Intellectual Property Right of a Third Party in
respect of material provided by the Operator to BT for inclusion in a
Customised Telephone Directory.
5.3 BT hereby indemnifies the Operator against any and all claims for
infringement of any Intellectual Property Right of a Third Party in
respect of the alphabetical section of the Customised Telephone
Directory except in so far as such information has been provided by the
Operator.
6. PRODUCTION OF CUSTOMISED TELEPHONE DIRECTORIES
6.1 The Operator will supply to BT the Copy for all parts of the Customised
Telephone Directories (except the alphabetical section) not less than
40 Working Days before the relevant Print Completion Date.
6.2 30 Working Days before the relevant Print Completion Date, BT shall
provide to the Operator copies of Print Proofs of the cover of the
Customised Telephone Directories. The Operator shall:
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a) approve the quality and accuracy of the Print Proof and notify
BT in writing; or
b) notify BT in writing of those aspects of the quality or
accuracy of the Print Proof that are not acceptable;
not more than two Working Days from receipt of the Print Proof by the
Operator.
BT will use its reasonable endeavours to correct those aspects of the
Print Proof to which the Operator objects. If practicable BT shall
change the Print Proofs and resubmit Print Proofs for further approval
by the Operator. If the Operator accepts the quality and accuracy of
these resubmitted Print Proofs, the Operator shall indicate its
approval in writing to BT within one Working Day of receipt of such
resubmitted Print Proof. If the Operator rejects the resubmitted Print
Proofs (or fails to notify BT of its acceptance of the Print Proofs
within the periods specified above) the order for such Customised
Telephone Directories will be deemed to be cancelled. Approval shall be
indicated by completion of the relevant form set out in the Phone Book
Manual to BT.
6.3 Customised Telephone Directories shall be placed on pallets which, when
loaded, shall each be wrapped in stretch film.
7. DELIVERY OR COLLECTION OF CUSTOMISED TELEPHONE DIRECTORIES
7.1 Unless the Operator has requested delivery by BT, the Operator shall
collect the Customised Telephone Directories from the address specified
by BT within one Working Day of the Print Completion Date or such later
date as may be specified by BT.
7.2 Subject to an order being placed in accordance with paragraph 3.2, BT
will deliver Customised Telephone Directories to a single address in
the United Kingdom.
8. COMMENCEMENT, DURATION AND REVIEW
8.1 BT shall accept orders for Customised Telephone Directories from the
date this Schedule was incorporated into the Agreement.
8.2 BT shall not be obliged to provide Customised Telephone Directories
pursuant to this Schedule after 30th September 1998.
8.3 Where the Operator has previously ordered and BT intends to cease
provision of Customised Telephone Directories, BT shall send a notice
to the Operator on or before 31 March 1998 stating such intention.
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9. CHARGING
9.1 The Operator will pay to BT the charges specified from time to time in
the Carrier Price List for the supply of Customised Telephone
Directories.
9.2 If an order is cancelled by the Operator or deemed to be cancelled, the
Operator shall pay to BT the cancellation fee specified from time to
time in the Carrier Price List.
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APPENDIX 153.1
SPECIFICATION FOR THE COVERS AND PREFACES OF CUSTOMISED TELEPHONE DIRECTORIES
1. COVER
The cover will be 4 pages only plus spine (outside front - page 1,
inside front - page 2, inside back - page 3, outside back plus spine -
page 4 produced by the Offset Litho process.
Maximum finished size: 210mm wide x 297mm deep
Maximum Image Areas:
a) No Bleed 204mm wide x 291 mm deep
b) With Bleed 216mm wide x 303 mm deep
Maximum screen value for Halftone reproduction:
Cover pages 1 and 4 = 150#
Cover pages 2 and 3 = 120#
The Operator shall supply cover origination material as follows:
Cover pages 1 & 4 - same size film positives, separated for
standard 4 colour process printing (Yellow, Cyan, Magenta and
Black), film must be adjustable for spine wide.
Cover pages 2 & 3 - same size film positives, separated for
standard 4 colour process printing (Yellow, Cyan, Magenta and
Black) for each page.
Film shall be supplied with the image "right" reading (not
reversed) and emulsion side down. All colour separated film shall
be supplied with a full set of colour progressive proofs for
colour matching on BT printer's printing press.
The Preface shall be paginated and printed as follows:
a) 32 page section printed in "Black" ink only
b) 32 page section printed in "2 colours" (black and cyan) as BT
preface
c) 64 page section printed in "Black" ink only
d) 64 page section printed in "2 colours" (black and cyan) as BT
preface
The maximum acceptable image area for each page is:
a) 190mm wide x 282 mm deep (image centred on finished page size)
Maximum screen value for Halftone reproduction: 100#
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Maximum tint value for second colour underlay: 25%
Note: Text pages cannot be bled to the head or tail of the book, for
edge bleed can be accepted, if required, the bleed image area must be
extended to 216mm wide.
6mm is trimmed off the spine as part of the binding process.
The Operator shall supply Customised preface origination material as
follows:
same size film positives, separated for 2 colour printing if required.
Final film shall be supplied with the image "right" reading (not
reversed) with the emulsion side down.
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APPENDIX 153.2
NOTICES
1. The front cover of each Customised Telephone Directory shall be dated
with the month and year of production.
2. The front cover shall have a notice to the effect that the Customised
Telephone Directory contains telephone numbers of BT Customers and
those of certain other licensed telephone operators.
3. The Preface shall contain the following notices:
(a) COMPILATION. British Telecommunication plc compiles the
alphabetical section of this Directory. Every care is taken to
render the section as accurate as possible, but British
Telecommunications plc cannot accept any responsibility for
loss or damage which may arise or result from errors or
omissions. The contents of the alphabetical section relate to
the latest information available to British Telecommunications
plc at the time of going to print which may have altered
before this copy of the Directory is issued or may be altered
subsequently, without amendment to the alphabetical section.
Any information which may assist in maintaining the accuracy
of entries in future editions of this Directory will be
appreciated and should be sent to (Operator Contact point).
In no circumstances will British Telecommunications plc be
liable in respect of any error or omission from the
alphabetical section of this Directory.
(b) COPYRIGHT
Alphabetical section (C) British Telecommunications plc Copyright
reserved
1. No reproduction of the alphabetical section of the Directory,
in whole or in part, is allowed without prior permission in
writing to British Telecommunications plc.
2. The alphabetical section of this Directory, in whole or in
part, may not be stored in a retrieval system of any kind
without prior permission in writing of British
Telecommunications plc.
3. Attention is directed to Section 107 of the Copyright, Designs
and Patents Xxx 0000 which make it a criminal offence to
perform, without authorisation certain acts in relation to
copyright material.
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4. British Telecommunications plc may take legal action against
any person responsible for the unauthorised reproduction or
storage in a retrieval system of the alphabetical section of
this Directory.
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ANNEX C
SCHEDULE 154
LICENCE TO USE THE BT NIS DATABASE
1. DEFINITION
1.1 In this Schedule, a reference to a paragraph or Appendix, unless stated
otherwise is to a paragraph or Appendix of this Schedule. Words and
expressions have the meaning given in Annex D, except as shown below:
"AMENDMENT INFORMATION" information supplied or to be supplied by BT
to the Operator for the Operator to update
the Licensed Database by changing, adding or
deleting Entries;
"BT NIS DATABASE" the BT database of information (including,
names, addresses and telephone numbers) of
BT Customers and customers of certain Third
Party Operators;
"BUSINESS CUSTOMER" a Customer recorded in a business category
on the BT NIS Database;
"DESIGNATED AREA" BT local exchange areas agreed between the
Parties;
"DIRECTORY INFORMATION SERVICE" a service as defined in Section 4 (3) of the
Act;
"DQR" a classification applied to an Entry
indicating that the Entry may not be
published in directories;
"ENTRY" the collection of data fields on the
Licensed Database, including fields for the
name, address and telephone number of a
Business Customer or Residential Customer,
and any privacy classification requested by
the customer;
"EX-DIRECTORY INFORMATION" information on the Licensed Database in
respect of which the telephone number is not
to be disclosed;
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"LICENSED DATABASE" the computerised list (including Amendment
Information), which BT supplies to the
Operator comprising a copy of each Entry
having a recorded address in the Designated
Area;
"RESIDENTIAL CUSTOMERS" a Customer recorded in a residential
category on the BT NIS Database.
2. DESCRIPTION OF SERVICE
2.1 The supply by BT to the Operator of a copy of the Licensed Database
including where applicable Amendment Information together with a
licence granted by BT to the Operator to use the Licensed Database to
publish and distribute the Operator's own printed telephone directories
and to provide Directory Information Services.
3. DELIVERY OF LICENSED DATABASE
3.1 BT shall:
3.1.1 following receipt of the Operator's written request deliver to
the Operator over a period of no more than thirteen weeks a
series of data files for a Designated Area in a format advised
to the Operator by BT. The data fields delivered over the
period shall form a complete copy of the Licensed Database for
the Designated Area.
3.1.2 during the delivery period referred to in paragraph 3.1.1 and
during the remainder of the Agreement, supply to the Operator,
for the Designated Area, Amendment Information at a frequency
agreed between the Parties.
4. LICENCE GRANT
4.1 BT grants to the Operator non-exclusive, non-transferable licences to
use the Licensed Database for the purposes of:
4.1.1 compiling, publishing and distributing printed telephone
directories subject to the printed telephone directories:
(a) not including Entries which are ex-Directory
Information;
(b) having entries ordered alphabetically by name in a
classified or unclassified format;
(c) containing not less than the name, address and
telephone number of persons; and
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(d) containing all Entries applicable to a particular
geographic area.
4.1.2 providing a Directory Information Service;
4.1.3 providing batch list matching telephone directory enquiry
services which shall comprise telephone numbers (including at
the Operator's option the area codes and/or exchange names)
provided always that the enquirer has supplied in list form on
paper, computer disc, or tape, the name and approximate
address of the person whose telephone number is sought.
4.2 The Operator may make not more than three (3) copies of the Licensed
Database and Amendment Information for the purposes of system security,
archive and back-up.
5. OPERATOR UNDERTAKINGS
5.1 The Operator shall:
5.1.1 except where providing the services permitted under this
Schedule treat the Licensed Database and Amendment Information
as Confidential Information;
5.1.2 treat Entries marked as Ex-Directory Information as
Confidential Information;
5.1.3 use Entries marked as DQR only for the purposes of providing
the Directory Information Service;
5.1.4 ensure that all printed telephone directories and the
Directory Information Services are based on up to date and
complete Licensed Database and/or Amendment Information;
5.1.5 xxxx each printed telephone directory with the date of its
publication.
5.2 The Operator shall not:
5.2.1 use the Licensed Database or any Confidential Information for
any marketing purposes;
5.2.2 use or permit the use of the Licensed Database or any
Confidential Information for the generation of marketing aids
(for example lists of any Customers ordered by address, by
telephone number, or by date of Entry amendment or addition to
the Licensed Database, whether for use in a mailing or
otherwise);
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5.2.3 without prior written consent, alter or change any copyright
or acknowledgement or confidentiality marking incorporated in
or applied to information, or documentation supplied by BT to
the Operator which relates to the Licensed Database or
Amendment Information.
6. ERROR HANDLING
6.1 If the Operator is made aware of any material errors or omissions in
the Licensed Database the Operator shall notify BT without delay of the
errors, at the following address:
The Operator Services Information Systems Manager
BT Operator Services
0xx Xxxxx
Xxxxx Xxxxxxxx Xxxxxx
Xxxxxxxx Xxxx
XXXXX
XX00 0XX
or to such other address as BT may notify to the Operator.
6.2 If BT receives a complaint which relates to or results from the
Operator's use of the Licensed Database, then, upon BT's request, the
Operator shall assist in BT's investigation of the complaint and take
such steps as are reasonably necessary to remedy the complaint as soon
as reasonably practicable.
7. MARKING
7.1 The Operator shall ensure that printed directories shall be marked with
the following legend:
"Produced under licence from and containing copyright material of
British Telecommunications plc".
8. COMMENCEMENT
8.1 BT shall provide the services set out in this Schedule from the date
this Schedule was incorporated into the Agreement.
9. CHARGING
9.1 The Operator shall pay to BT the charges specified from time to time in
the Carrier Price List for the supply and use of the Licensed Database
and the Amendment Information.
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9.2 If the Operator chooses a Designated Area containing less than all BT's
local exchange areas, the set up charge and annual payment shall be
reduced by the proportion the number of entries has to the total in all
BT local exchange areas subject to the minimum charge of 2-1/2% of the
prices specified from time to time in the Carrier Price List.
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BT STANDARD INTERCONNECT AGREEMENT
SCHEDULE 155
ACCESS TO THE BT DIRECTORY ASSISTANCE SYSTEM DATABASE USING OPERATOR SERVICES
CUSTOMER ACCESS AND SECURITY SYSTEM (OSCASS)
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix, unless stated
otherwise, is to a paragraph or Appendix of this Schedule. Words and
expressions have the meanings given in Annex D, except as shown below:
"APPLICATION PROGRAM" the software used to interpret the Dynamic
Link Library so that information can be
displayed on Computer Terminal Equipment;
"BT DAS" a BT computer system used by BT to access a
BT DAS Database, and sometimes known as the
Directory Access System;
"BT DAS COMPUTER CENTRE" a computer centre containing a BT DAS;
"BT DAS DATABASE" a BT database in machine readable form of
names, addresses and telephone numbers used
by BT for the purpose of providing, by means
of the BT System, a Directory Information
Service;
"BT DAS OPERATOR TRAINING PACKAGE" the training package provided by BT to the
Operator to enable Operator DAS Operators to
access the BT DAS Database and retrieve
appropriate information in accordance with
this Schedule;
"BT OSCASS" a BT platform which permits access to a BT
DAS by Operator DAS Operators;
"COMPUTER TERMINAL EQUIPMENT" computer equipment using a 486 or faster
processor with at least 8Mbyte of RAM used
by Operator DAS Operators on line to the BT
DAS Database as the
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man/machine interface to access information
on the BT DAS Database;
"DIRECTORY INFORMATION SERVICE" a service defined in Section 4 (3) of the
Act;
"DYNAMIC LINK LIBRARY" the functions and syntax of instructions
understood by BT DAS;
"EX-DIRECTORY INFORMATION" information on the BT DAS Database which is
marked to indicate that it is not to be
disclosed;
"OPERATOR CUSTOMER INFORMATION" information provided by the Operator
relating to a person having a telephone
number allocated in accordance with the
United Kingdom national telephone numbering
scheme. The expression shall also include
information relating to the Operator in
respect of those telephone numbers which the
Operator has allocated for its own use;
"OPERATOR DAS OPERATOR" a telephony operator who is directly
employed by or under the control of the
Operator and situated in the United Kingdom
and who is authorised by the Operator to
access a BT DAS Database for the purpose of
providing a Directory Information Service;
"OSCASS PORT" a port on the BT OSCASS which gives access
to a BT DAS by a single Operator DAS
Operator at any one time;
"PUBLIC FRAME RELAY SERVICE" a user-to-network interface for fast packet
switching.
2. DESCRIPTION OF SERVICE
2.1 This Schedule gives details of the provision by BT to the Operator of
access to the BT DAS Database via BT OSCASS accessed by means of the
Public Frame Relay Service or private circuits provided by BT.
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3. BT'S OBLIGATIONS
3.1 BT shall permit Operator DAS Operators, on a non exclusive basis, to
have remote on-line access to the BT DAS Database via BT OSCASS by
means of OSCASS Ports at an agreed level of capacity, Computer Terminal
Equipment and interfaces of the type specified in this Schedule and the
Public Frame Relay Service or private circuits provided by BT, linking
such Computer Terminal Equipment and the agreed BT DAS Computer Centre
for the sole purpose of the Operator providing a Directory Information
Service and for other ancillary purposes expressly permitted by this
Schedule.
3.2 BT shall provide such private circuits or Public Frame Relay Service
connections as are ordered by the Operator to access the BT DAS
Database in accordance with BT's Standard Conditions for Private
Service or BT's Data Network Portfolio Conditions respectively at the
retail tariff published from time to time in the BT Retail Price List.
3.3 BT gives no warranty that the data on the BT DAS Database will be free
from errors or inaccuracies.
3.4 The BT DAS Database provided for access by the Operator in accordance
with this Schedule will be available at all times except for the
periods when the data is being updated.
3.5 If BT wishes to make a material change to the services set out in this
Schedule, it shall give the Operator 6 months' written notice. The
notice of such changes shall be a review notice in accordance with
paragraph 19.1.3 of the main body of this Agreement.
3.6 BT shall provide the Operator with a written specification of the
Dynamic Link Library and any amendments from time to time
4. THE OPERATOR'S OBLIGATIONS.
4.1 The Operator shall be responsible at its own expense for the
acquisition and maintenance of the Computer Terminal Equipment.
4.2 The Operator shall be responsible at its own expense for the
acquisition of any licence or licences required to use the software
associated with access to the BT DAS Database and for the operation of
the Computer Terminal Equipment.
4.3 The Operator shall be responsible at its own expense for the
acquisition and maintenance of any Application Program used to read the
information supplied by the BT DAS Database in a form consistent with
the Dynamic Link Library.
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4.4 The Operator shall conform with the Dynamic Link Library and use
interfaces specified in Appendix 155.1 to this Schedule or such other
interfaces as BT may specify in writing from time to time.
4.5 Before the commencement of service under this Schedule, the Operator
shall agree with BT in writing the number of OSCASS Ports allocated to
the Operator connected to and capable of being used to access the BT
DAS Database. The Operator shall provide not less than 6 months'
written notice of any request to increase or decrease the number of
OSCASS Ports.
4.6 The Operator shall ensure that any Operator DAS Operator only has
access to the BT DAS Database when that Operator DAS Operator is
connected to a Calling Party by means of voice telephony, except where
Computer Terminal Equipment is being used for the purposes of training
of Operator DAS Operators to access the BT DAS Database, inspecting
Operator Customer Information or the Operator DAS Operator is
responding to a series of enquiries and is to provide that information
to the Calling Party at a later time.
4.7 The Operator may access the BT DAS Database to provide a Directory
Information Service, to provide training to Operator DAS Operators, or
for the purpose of inspecting Operator Customer Information held on the
BT DAS Database and for no other purpose.
4.8 The Operator shall access the BT DAS Database in accordance with the BT
DAS Operator Training Package as amended by BT from time to time.
4.9 The Operator shall not disclose to any Third Party information which is
Ex-Directory Information, other than the fact that a number is so
classified, and shall ensure that Ex-Directory Information cannot be
viewed or otherwise retrieved from the BT DAS Database.
4.10 The Operator shall ensure that access to the BT DAS Database is in
read-only format except that the Operator may use any printer which
forms part of the Computer Terminal Equipment, to the extent necessary
for the purpose of notifying BT of errors in the BT DAS Database.
4.11 The Operator shall comply with the fault and error reporting procedures
BT may specify in writing from time to time.
4.12 The Operator shall not, except as provided for under this Schedule,
reproduce or transmit any part of the BT DAS Database in any form, by
any means, whether electronic, mechanical, photocopying, recording or
otherwise, nor store the same in any information retrieval system of
any kind.
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4.13 Whilst having access to the BT DAS Database, the Operator shall not
knowingly do or permit to be done anything which will result in:
4.13.1 damage to a BT DAS Computer Centre; or
4.13.2 modification or damage to the BT DAS Database; or
4.13.3 modification or damage to a BT DAS.
4.14 The Operator shall make only such copies of the BT DAS Operator
Training Package as are necessary for training Operator DAS Operators
and not to disclose the contents to any person not employed by the
Operator.
4.15 The Operator shall use and connect the Computer Terminal Equipment only
in accordance with BT's relevant written instructions provided from
time to time. These written instructions shall be consistent with those
that BT provides to its own staff.
4.16 The Operator shall be responsible for ordering from BT any necessary
access to the Public Frame Relay Service or private circuits required.
4.17 The Operator shall pay the access fee for OSCASS Ports at the rate
specified from time to time in the Carrier Price List.
4.18 The Operator shall agree the Operator DAS Operator system security
policy and practice with BT in writing prior to commencement of service
under this Schedule and shall not change such without the prior
agreement of BT in writing.
5. TESTING
5.1 BT shall have the right to require testing of the Operator's access
system to confirm correct interworking. This may comprise testing of
the Operator's:
5.1.1 access network and
5.1.2 Application Program.
5.2 Not later than 30 working days after receipt of a written request from
the Operator, BT shall provide an initial indication of the level of
testing required, having been given details of the Operator's access
network arrangements and Application Program. BT and the Operator shall
then agree exact test requirements and timescales.
6. COMMENCEMENT AND DURATION.
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6.1 BT shall provide service under this Schedule on and from the later of
the date this Schedule was incorporated into the Agreement, the
contractual delivery date for the private circuit or Public Frame-Relay
Service connection referred to in paragraph 4.16, or such other date as
the Parties may agree in writing.
6.2 BT may terminate the provision of service under this Schedule by giving
12 months' written notice to the Operator.
6.3 The Operator may terminate access to the service provided under this
Schedule by giving 6 months' written notice to BT.
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APPENDIX 155.1
INTERFACES
The interfaces are as follows.
1. Access via the BT Public Frame Relay Service
Protocol: TCP/IP (IP over XXX 0000 Frame relay encapsulation) Committed
Information Rate: Default of 16k bps but will depend on usage.
2. Access via a KiloStream Circuit
Protocol: TCP/IP (IP over Cisco HDLC if Operator uses a Cisco Router or
IP over Point to Point Protocol (PPP) for other makes of router).
Line Speed: 64k bps
Physical Interface: X21
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ANNEX C
SCHEDULE 541
OPERATOR TELEPHONY CALLS TO THE OPERATOR SYSTEM
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix unless stated
otherwise, is to a paragraph or Appendix of this Schedule. Words and
expressions have the meaning given in Annex D, except as shown below:
"ADC CALL CATEGORY (TRANSFER one of Local ADC (Transfer Charge Calls) or
CHARGE CALLS)" National ADC (Transfer Charge Calls), as
appropriate;
"LOCAL ADC (TRANSFER CHARGE CALLS)" the contributions towards BT's Access
Deficit that apply to Transfer Charge Calls
where, if Calls were conveyed wholly within
the BT System between the same originating
and terminating points (Calls made or
received on mobile terminal apparatus shall
for this purpose be treated as originating
or terminating at the relevant wireless
telegraphy station carrying the Call), such
Calls would be classified as local calls in
the BT Retail Price List;
"NATIONAL ADC (TRANSFER the contributions towards BT's Access
CHARGE CALLS)" Deficit that apply to Transfer Charge Calls
where, if Calls were conveyed wholly within
the BT System between the same originating
and terminating points (Calls made or
received on mobile terminal apparatus shall
for this purpose be treated as originating
or terminating at the relevant wireless
telegraphy station carrying the Call), such
Calls would be classified as national calls
in the BT Retail Price List;
"OPERATOR SEGMENT CALL" an Operator Telephony Call handed over from
the BT System to the Operator System,
switched by one or more Operator Exchanges,
to an Operator Network Termination Point.
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2. DESCRIPTION OF SERVICE
2.1 Subject to the provisions of this Schedule, the Operator shall convey
Operator Telephony Calls handed over from the BT System to the
appropriate Operator Network Termination Point.
2.2 Operator International Incoming Calls, Operator Transit Calls, Operator
BT to BT Transit Calls and Calls to Ancillary Services are not conveyed
pursuant to this Schedule.
2.3 The Parties shall agree in advance all necessary technical
requirements, including Call set-up and cleardown sequences, for the
conveyance of Calls pursuant to this Schedule.
2.4 The Operator's obligation to convey Operator ISDN Telephony Calls is
subject to the respective Systems and all relevant Switch Connections
of both Parties being suitable for the conveyance of Operator ISDN
Telephony Calls.
2.5 The Operator shall not be obliged under this Schedule to make its
System suitable for the conveyance of Operator ISDN Telephony Calls or
to provide equipment to its Customers enabling Operator ISDN Telephony
Calls.
2.6 The Operator shall convey Operator Telephony Calls during those periods
of time and at the same standard and quality of service as the Operator
conveys similar Calls.
2.7 Each Party shall correct faults which occur in its System which affect
the conveyance of Operator Telephony Calls in accordance with such
Party's normal engineering practices. For the avoidance of doubt,
neither Party warrants that its System is, or will be, free from
faults.
3. ROUTING
3.1 The conveyance of Operator Telephony Calls shall be in accordance with
the routing principles specified in Annex A.
4. CHARGING
4.1 For the conveyance of each Operator Telephony Call by the Operator, BT
shall pay the Operator a charge calculated in accordance with the rate
for such a Call specified from time to time in the Carrier Price List.
4.2 For the conveyance of each Operator Telephony Call by the Operator,
which is also a Transfer Charge Call, the Operator shall pay BT a
charge calculated in accordance with the rate for such a Call specified
from time to time in the
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Carrier Price List, and BT shall pay no charge to the Operator pursuant
to the preceding paragraph 4.1.
4.3 For the conveyance of each Operator Telephony Call by the Operator,
which is also a Transfer Charge Call, made by a Calling Party from a BT
Public Call Box or a BT Temporary Call Box (each as defined in
Condition 11 of the BT Licence), the Operator shall pay BT for each
such Call, in addition to any other charges, the BT Payphone Access
Levy specified from time to time in the Carrier Price List.
5. CONTRIBUTIONS TO BT'S ACCESS DEFICIT
5.1 Subject to the provisions of this paragraph 5, the Operator shall pay
for each Operator Telephony Call which is also a Transfer Charge Call,
a contribution to BT's Access Deficit at the rate specified for the ADC
Call Category (Transfer Charge Calls) specified in the Carrier Price
List from time to time. For these purposes, the ADC Call Category
(Transfer Charge Calls) shall be ascertained at the time when the
Answer Signal is generated.
5.2 If, prior to the date of the Agreement, either Party has requested the
Director General pursuant to Condition 13.5A of the BT Licence to
reduce the contribution to be made by the Operator towards BT's Access
Deficit, then payment of the contribution referred to in such request
shall be suspended until the Director General has dealt with the
request.
5.3 If, following a request referred to in paragraph 5.2, the Director
General determines not to reduce the contribution or determines that a
partial contribution shall be payable by the Operator towards BT's
Access Deficit, such contribution shall be payable accordingly with
effect from the date of this Agreement. The Operator shall pay any
outstanding contribution not later than one month after the date of
such determination.
5.4 If, following a request referred to in paragraph 5.2, the Director
General determines that no contribution shall be payable by the
Operator towards BT's Access Deficit no such contribution shall be
payable under paragraph 5.1.
5.5 If the Director General at any time determines pursuant to Condition
13.5A of the BT Licence that the contribution payable by the Operator
towards BT's Access Deficit should be varied or a contribution becomes
payable in accordance with Condition 13.5A of the BT Licence then the
Agreement shall be varied accordingly.
6. COMMENCEMENT
6.1 The Operator shall convey Operator Telephony Calls handed over from the
BT System commencing on a date to be agreed in writing by the Parties.
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7. REVIEW
7.1 The Review Date for charges for the conveyance of Operator Telephony
Calls shall be 1 April each year.
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ANNEX C
SCHEDULE 545
OPERATOR INTERNATIONAL INCOMING CALLS FROM AUTHORISED OVERSEAS SYSTEMS
VIA THE BT SYSTEM HANDED OVER TO THE OPERATOR SYSTEM
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix unless stated
otherwise, is to a paragraph or Appendix of this Schedule. Words and
expressions have the meaning given in Annex D, except as shown below:
"OPERATOR SEGMENT CALL"
an Operator International Incoming Call
handed over from the BT System to the
Operator System, switched by one or more
other Operator Tandem Exchanges, to an
Operator Network Termination Point.
2. DESCRIPTION OF SERVICES
2.1 Subject to the provisions of this Schedule, the Operator shall convey
Operator International Incoming Calls handed over from the BT System to
the appropriate Operator Network Termination Point.
2.2 Operator Telephony Calls, Operator Transit Calls, Operator BT to BT
Transit Calls and Calls to Ancillary Services are not conveyed pursuant
to this Schedule.
2.3 The Parties shall agree in advance all necessary technical
requirements, including Call set-up and cleardown sequences, for the
conveyance of Calls pursuant to this Schedule.
2.4 The Operator's obligation to convey Operator ISDN International
Incoming Calls is subject to the Authorised Overseas System and the
respective Systems and all relevant Switch Connections of both Parties
being suitable for the conveyance of Operator ISDN International
Incoming Calls.
2.5 The Operator shall not be obliged under this Schedule to make its
System suitable for the conveyance of Operator ISDN International
Incoming Calls or to provide equipment to its Customers enabling
Operator ISDN International Incoming Calls.
2.6 The Operator shall convey Operator International Incoming Calls during
those periods of time and at the same standard and quality of service
as the Operator conveys similar Calls.
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2.7 Each Party shall correct faults which occur in its System which affect
the conveyance of Operator International Incoming Calls in accordance
with such Party's normal engineering practices. For the avoidance of
doubt, neither Party warrants that its System is, or will be, free from
faults.
3. ROUTING
3.1 The conveyance of Operator International Incoming Calls shall be in
accordance with the routing principles specified in Annex A.
4. CHARGING
4.1 For the conveyance of each Operator International Incoming Call by the
Operator, BT shall pay the Operator a charge calculated in accordance
with the rate for such a Call specified from time to time in the
Carrier Price List.
4.2 For the conveyance of each Operator International Incoming Call by the
Operator, which is also a Transfer Charge Call, the Operator shall pay
BT a charge calculated in accordance with the rates for such a Call
specified from time to time in the Carrier Price List, and BT shall pay
no charge to the Operator pursuant to paragraph 4.1.
5. COMMENCEMENT
5.1 The Operator shall convey Operator International Incoming Calls handed
over from the BT System commencing on a date to be agreed in writing by
the Parties.
6. REVIEW
6.1 The Review Date for Operator International Incoming Calls shall be 1
April each year.
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ANNEX C
SCHEDULE 546
OPERATOR BT TO BT TRANSIT CALLS (PORTED) VIA THE OPERATOR SYSTEM
1. DEFINITIONS
1.1 In this Schedule, a reference to a paragraph or Appendix unless stated
otherwise, is to a paragraph or Appendix of this Schedule. Words and
expressions have the meaning given in Annex D, except as shown below:
"CENTREX" a partition of an Exchange used to provide business
features and short code dialling as required by
Customers;
"DDI" direct dialling in;
"DONOR" the Party from whose System the Number is being
ported;
"DONOR SYSTEM" the System from which the Number is being ported;
"OPERATOR SEGMENT an Operator BT to BT Transit Call, handed over from
BT TO BT TRANSIT CALL" the BT System to the Operator System, switched by one
or more Operator Exchanges, and handed over from the
Operator System to the BT System;
"NUMBER" shall have the meaning ascribed thereto in Condition
34B of the BT Licence, and for the purposes of this
Agreement there shall be excluded Numbers allocated
to ISDN exchange lines and to Number Groups used for
Centrex, DDI private branch exchanges or other
private branch exchange purposes;
"NUMBER GROUP" a range of consecutive Numbers used as a group by a
Party for certain functional or Customer purposes;
"NUMBER PORTABILITY" an arrangement between the Parties whereby a Customer
ceases to be provided with a Network Termination
Point by the
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Donor System and such Customer (at the same address
and at the same set of premises) is provided with a
Network Termination Point by the Recipient System,
such Network Termination Point having the same
Number as had the Number Termination Point ceased on
the Donor System;
"RECIPIENT" the Party to whose System the Number is being ported;
"RECIPIENT SYSTEM" the System to which the Number is being ported.
2. DESCRIPTION OF SERVICES
2.1 Subject to the provisions of this Schedule, the Operator shall convey
Operator BT to BT Transit Call handed over from the BT System to the
Operator System, to be handed back by the Operator System (as the Donor
System) to the BT System (as the Recipient System) pursuant to Schedule
04 (Number Portability) for delivery to a BT Network Termination Point.
2.2 Operator Telephony Calls, Operator Transit Calls and Operator BT to BT
Transit Calls (other than for the purposes of Number Portability), are
not conveyed pursuant to this Schedule.
2.3 The Parties shall agree in advance all necessary technical
requirements, including Call set-up and cleardown sequences, for the
conveyance of Calls pursuant to this Schedule.
2.4 The Operator's obligation to convey Operator ISDN BT to BT Transit
Calls is subject to the respective Systems and all relevant Switch
Connections of both Parties being suitable for the conveyance of
Operator ISDN BT to BT Transit Calls.
2.5 The Operator shall convey Operator BT to BT Transit calls during those
periods of time and at the same standard and quality of service as the
Operator conveys similar Calls.
2.6 Each Party shall correct faults which occur in its System which affect
the conveyance of Operator BT to BT Transit Calls in accordance with
such Party's normal engineering practices. For the avoidance of doubt,
neither Party warrants that its System is, or will be, free from
faults.
3. ROUTING
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3.1 The conveyance of Operator BT to BT Transit Calls, shall be in
accordance with the routing principles specified in Annex A.
4. CHARGING
4.1 For the conveyance of each Operator BT to BT Transit Call by the
Operator, BT shall pay the Operator a charge calculated in accordance
with the rate for such a Call specified from time to time in the
Carrier Price List.
5. REVIEW
5.1 The Review Date for Operator BT to BT Transit Calls shall be 1 April
each year.
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SUBJECT TO CONTRACT
This copy of the Revised Standard Interconnect Agreement is provided for
information and represents the status of the Agreement at the time it was
prepared. To enable identification Issue Numbers appear in the footer of each
part.
Because the Revised Standard Interconnect Agreement is subject to ongoing
development and improvement there may be changes. It will therefore be necessary
from time to time to check that this document represents the current state of
the Revised Standard Interconnect Agreement.
This document is not intended to be a formal offer on the part of BT.
At the conclusion of any discussions between an Operator and BT a Revised
Standard Contract will be prepared for signature based upon the latest version
of the Revised Standard Interconnect Agreement.
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ANNEX D
DEFINITIONS
In this Agreement, words and expressions have the following meanings:
"ACCESS CODE" a three or four digit code or a number
commencing with the digits 0800 followed by
a six or seven digit number which initiates
an Indirect Access Call;
"ACCESS DEFICIT CONTRIBUTION" the contribution to the funding of the BT
Access Deficit payable by the Operator to BT
pursuant to Condition 13.5A.3 and assessed
in accordance with Condition 13.5A.4 both
being Conditions of the BT Licence;
"ACO PERIOD" the period covered by an Advance Capacity
Order;
"ACT" Telecommunications Xxx 0000;
"ACTUAL CHARGE" the charge (or the means of calculating that
charge) for a Standard Service paid by a
Network Provider to BT in respect of the
whole or part of the Financial Year In
Question which is less than the Interim
Charge (whether as a result of the operation
of Condition 24F or following the consent of
the Director General to that lesser charge
pursuant to Condition 16B.5 being Conditions
of the BT Licence);
"ADDRESS COMPLETE MESSAGE" a signalling message required by the
originating System to indicate that
sufficient address digits have been received
and that a transmission path should be set
up;
"ADVANCE CAPACITY ORDER" that part of the Capacity Profile which sets
out the Capacity ordering intentions of the
relevant Party over the first four months of
the Capacity Profile and has the contractual
consequences outlined in Annex A;
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"AFN" the first three digits immediately after a
Director Area Number;
"AGREEMENT" this agreement, the Carrier Price List, the
Annexes, Schedules, Appendices and
Specifications;
"ANCILLARY SERVICE"
(a) a service which does not solely
comprise the conveyance of Calls;
or
(b) a Call, except a Transfer Charge
Call, where the Calling Party is
not required to pay all of the
charges associated with that Call;
or
(c) a Call where the Calling Party is
charged at a rate which includes an
element over and above the charge
for conveyance of that Call;
"ANNEX" annex A, B, C or D attached to this
Agreement;
"ANSWER SIGNAL" the signal required by the originating
network to indicate that the transmission
path is complete;
"APPENDIX" an appendix to a Schedule in Annex C;
"APPROVED AUDITOR" a Party's auditor appointed in accordance
with the Companies Xxx 0000 or such firm of
chartered accountants which a Party may
(subject to the other Party's written
approval) appoint (such approval not to be
unreasonably withheld or delayed);
"ASR" the Answer Seize Ratio expressed as a
percentage of Calls, which were successfully
switched and which received an answer,
compared to Call attempts, during a
particular measurement period;
"ASSOCIATED COMPANY" in relation to a Party:-
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(a) its Subsidiary or Holding Company
of that Party or another Subsidiary
of such Holding Company; or
(b) an associated company (as defined
in Statement of Standard Accounting
Practice No. 1 issued by the
Institute of Chartered Accountants
in England and Wales) of that
Party's Holding Company;
"AUTHORISED OVERSEAS SYSTEM" has the meaning in schedule 1 part 1 of the
BT Licence as in force at the date of this
Agreement;
"BILLING INFORMATION" such information provided pursuant to Annex
B by one Party to the other including,
without limitation:
(a) such information as is necessary to
ascertain the charges payable by
each Party under this Agreement;
and
(b) Interconnect Usage Reports, TIBS
Billing Information and Refund
Reports, information provided by
INCA, and by the Operator's
equivalent of TIBS and/or INCA;
"BILLING PARTY" the Party to whom charges are payable by the
other Party pursuant to this Agreement;
"BILLING PERIOD" unless otherwise agreed in writing, the
period of a calendar month commencing on the
first day of a month;
"BILLING SYSTEM" a system to collate Billing Information and
prepare invoices relating to charges payable
by each Party under this Agreement;
"BRITISH ISLES" United Kingdom, Channel Islands, Isle of Man
and Republic of Ireland;
"BT" British Telecommunications public limited
company;
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"BT'S ACCESS DEFICIT" has the meaning given to Access Deficit in
Condition 13.5A.3 of the BT Licence as in
force at the date of this Agreement;
"BT ANALOGUE LOCAL EXCHANGE" a TXE 4 or TXE 4A analogue local Switch in
OR "BT ALE" the BT System;
"BT BASIC INTERNATIONAL a Call, received by the Operator System from
INCOMING CALL" an Authorised Overseas System, comprising
the minimum service features necessary to
support a speech path through the BT System,
handed over from the Operator System to the
BT System, destined for a telephone number
of a BT Network Termination Point, being a
Call available for the conveyance of
Messages;
"BT BASIC INTERNATIONAL OUTGOING a Call, destined for an Authorised Overseas
CALL" System, comprising the minimum service
features necessary to support a speech path
through the BT System, handed over from the
Operator System to the BT System if a rate
for such a Call is specified from time to
time in the Carrier Price List, being a Call
available for the conveyance of Messages;
"BT BASIC OPERATOR TO OPERATOR a Call comprising the minimum service
TRANSIT CALL" features necessary to support a speech path
through the BT System, handed over from the
Operator System to the BT System destined
for the Operator System, if a rate for such
a Call is specified from time to time in the
Carrier Price List being a Call available
for the conveyance of Messages;
"BT BASIC TELEPHONY CALL" a Call, comprising the minimum service
features necessary to support a speech path
through the BT System, handed over from the
Operator System to the BT System, destined
for a telephone number of a BT Network
Termination Point, being a Call available
for the conveyance of Messages;
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"BT BASIC TRANSIT CALL" a Call comprising the minimum service
features necessary to support a speech path
through the BT System, handed over from the
Operator System to the BT System destined
for a Third Party Operator's system, being a
Call available for the conveyance of
Messages;
"BT CHARGE GROUP" a geographical area designated from time to
time by BT, and used for retail charges as
specified in the BT Retail Price List;
BT DIGITAL LOCAL EXCHANGE" OR a digital Switch in the BT System which
"BT DLE" Switch connects by that Switch alone Calls
from analogue exchanges, RCUs or Exchange
Lines;
"BT DJSU" a digital tandem Switch in the London
Director Area (currently known as a Digital
Junction Switching Unit) in the BT System
which provides access to certain BT Digital
Local Exchanges, BT DLTEs, BT ALEs and/or
other BT DJSUs in such Director Area and
adjacent BT Charge Groups;
"BT DLTE" a digital Switch in the BT System which
Switch connects by that Switch alone Calls
from analogue exchanges, RCUs or Exchange
Lines and which provides access to directly
connected BT Digital Local Exchanges and
directly connected BT ALEs;
"BT DMSU" a digital tandem Switch (currently known as
a Digital Main Switching Unit) in the BT
System, which provides access to other BT
Exchanges;
"BT EXCHANGE" a BT Analogue Local Exchange, a BT Digital
Local Exchange, a BT DLTE, a BT Tandem
Exchange or a BT ISC and such other Switch
which the Parties may from time to time
agree is a BT Exchange;
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"BT INTERNATIONAL INCOMING CALL" either a BT Basic International Incoming
Call or a BT ISDN International Incoming
Call;
"BT INTERNATIONAL OUTGOING CALL" either a BT Basic International Outgoing
Call or a BT ISDN International Outgoing
Call;
"BT ISC" a BT Exchange notified to the Operator
pursuant to paragraph 3.1.1 of Annex A which
is used exclusively for switching Calls to,
or received from Authorised Overseas
Systems;
"BT ISDN INTERNATIONAL INCOMING a Call, received by the Operator System from
CALL" an Authorised Overseas System, comprising
service features additional to the minimum
features necessary to support a speech path
through the BT System, being service
features described as bearer services,
teleservices or supplementary services in
the ETSI Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the Operator System to the
BT System, destined for a telephone number
of a BT Network Termination Point, being a
Call available for the conveyance of
Messages;
"BT ISDN INTERNATIONAL OUTGOING a Call, destined for an Authorised Overseas
CALL" System, comprising service features
additional to the minimum features necessary
to support a speech path through the BT
System, being service features described as
bearer services, teleservices or
supplementary services in the ETSI
Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the Operator System to the
BT System, if a rate for such a Call is
specified from time to time in the Carrier
Price List, being a Call available for the
conveyance of Messages;
"BT ISDN OPERATOR TO OPERATOR a Call comprising service features
TRANSIT CALL" additional to the minimum features
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necessary to support a speech path through
the BT System, being service features
described as bearer services, teleservices
or supplementary services in the ETSI
Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the Operator System to the
BT System, destined for the Operator System,
if a rate for such a Call is specified from
time to time in the Carrier Price List being
a Call available for the conveyance of
Messages;
"BT ISDN TELEPHONY CALL" a Call, comprising service features
additional to the minimum features necessary
to support a speech path through the BT
System, being service features described as
bearer services, teleservices or
supplementary services in the ETSI
Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the Operator System to the
BT System, destined for a telephone number
of a BT Network Termination Point, being a
Call available for the conveyance of
Messages;
"BT ISDN TRANSIT CALL" a Call comprising service features
additional to the minimum features necessary
to support a speech path through the BT
System, being service features described as
bearer services, teleservices or
supplementary services in the ETSI
Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the Operator System to the
BT System, destined for a Third Party
Operator's system, being a Call available
for the conveyance of Messages;
"BT LICENCE" the licence granted to BT pursuant to
section 7 of the Act under which BT runs the
BT System;
"BT OPERATOR" a person who answers Calls for directory or
operator assistance, Emergency Calls and
other similar Calls for BT;
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"BT OPERATOR TO OPERATOR either a BT Basic Operator to Operator
TRANSIT CALL" Transit Call or a BT ISDN Operator to
Operator Transit Call;
"BT PAYPHONE ACCESS LEVY" the charge payable by the Operator for the
use of a BT Public Call Box or a BT
Temporary Call Box (each as defined in
Condition 11 of the BT Licence) to originate
a Call.
"BT PRS CALL" a Call to a PRS:
(a) for which if such Call originated
on the BT System, the person
responsible for payment would pay a
charge higher than that which would
apply to a directly dialled BT
Telephony Call of equivalent
distance and duration; and
(b) where payment is made by BT to a BT
PRS Service Provider and where
payment takes into account the
number or duration of Calls to that
BT PRS Service Provider;
"BT PRS SERVICE PROVIDER" a person having a contract with BT for the
delivery of BT PRS Calls;
"BT PRS SUB SERVICE PROVIDER" a person having an arrangement for the
delivery of BT PRS Calls, whether or not
legally binding, with a BT PRS Service
Provider;
"BT RETAIL PRICE LIST" the retail price list published by BT from
time to time pursuant to Condition 16 of the
BT Licence;
"BT SWITCH CONNECTION" a BT Exchange at which Calls handed over:
(a) from the Operator System are
initially switched; or
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(b) to the Operator System are finally
switched;
by BT;
"BT SYSTEM" the applicable system described in Annex A
of the BT Licence as in force at the date of
this Agreement;
"BT TANDEM EXCHANGE" a BT DMSU or a BT DJSU;
"BT TELEMESSAGE" has the meaning given to the term
"Telemessage" in the BT Retail Price List;
"BT TELEPHONY CALL" either a BT Basic Telephony Call or a BT
ISDN Telephony Call;
"BT TRANSIT CALL" either a BT Basic Transit Call or a BT ISDN
Transit Call;
"CALL" a transmission path through
Telecommunication Systems for the sending of
Messages, and a reference to conveyance of a
Call by a Party means the establishment by
that Party of a transmission path through
that Party's System and the conveyance by
that Party in accordance with this Agreement
of a Message (if any) over such transmission
path;
"CALLED PARTY" a person who receives a Call;
"CALLING PARTY" a person who initiates a Call;
"CAPACITY" capacity in units of 2 Mbit/s on
Interconnect Links;
"CAPACITY ORDER" an order for Capacity placed by one Party on
the other, pursuant to Annex A;
"CAPACITY PROFILE" a profile of future Capacity ordering
intentions over a 12 month period as
presented by one Party to the other pursuant
to Annex A;
"CAPACITY PROVISION" the provision of new or additional Capacity;
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"CAPACITY RE-ARRANGEMENT" the re-use of Capacity previously provided
by one Party to the other, where, in each
case, the Point of Connection and the
buildings containing the Switch Connections
remain the same;
"CARRIER PRICE LIST" the price list having that name which
contains charges for Standard Services
consistent with the full list of Standard
Services maintained by BT pursuant to
Condition 16B.8 of the BT Licence, charges
for services provided by the Operator and
some other charges and information;
"CARRIER CHARGE BAND REFERENCE such reference data (including EBC matrix,
DATA" complementary retail file and associated
files) as BT shall from time to time make
available to the Operator, being data for
the preparation and validation of Billing
Information for Calls;
"CHARGEABLE CALL" a Call for which a charge is made pursuant
to this Agreement;
"CHARGEABLE CALL DURATION" the duration of a Chargeable Call measured:
(a) for a Call (other than an
International Call), to the nearest
second (or such greater accuracy as
the Parties may agree in writing);
(b) for an International Call to not
less than the nearest second;
commencing with the receipt of an Answer
Signal and ceasing with the receipt of a
Release Signal at the point of recording by
the Party recording the relevant Billing
Information;
"CLI" has the meaning given to Calling Line
Identification in the draft "Code of
Practice for Network Operators in relation
to Calling Line Identification Display
Services and other Related Services" Version
6 dated 16
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November 1994 as the same may be amended or
replaced from time to time;
"COMPETITIVE STANDARD SERVICE" a Standard Service the market for which is
determined by the Director General to be
competitive pursuant to Condition 16B.6 of
the BT Licence;
"CONDITION" a condition of the BT Licence or the
Operator Licence as the case may be as in
force at the date of this Agreement, unless
otherwise stated;
"CONFIDENTIAL INFORMATION" any information, in whatever form, which in
the case of written or electronic
information is clearly designated as
confidential and which, in the case of
information disclosed orally, is identified
at the time of disclosure as being
confidential or is by its nature
confidential and including such Confidential
Information already disclosed by either
Party to the other prior to the date of this
Agreement but excluding any information
which:
(a) is in or comes into the public
domain other than by reason of a
breach of this Agreement; or
(b) is previously known on a
non-confidential basis to the
Receiving Party at the time of its
receipt; or
(c) is independently generated,
developed or discovered at any time
by or for the Receiving Party; or
(d) is subsequently received from a
Third Party without any restriction
on disclosure;
"CONVEYANCE STANDARD SERVICE" a Standard Service the charge for which may
be determined pursuant to Condition 13.5A of
the BT Licence;
"CUSTOMER" as the context requires:
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(a) a person having a contract with
either or both Parties for the
provision of telecommunication
services by means of that Party's
System; or
(b) a user of telecommunication
apparatus directly connected to the
BT System or the Operator System;
or
(c) a person having a contract with a
reseller of telecommunication
services to be provided by means of
either the BT System or the
Operator System or a user of
telecommunication apparatus
authorised by that person;
"CUSTOMER SITED INTERCONNECT" an Interconnect Link provided pursuant to
Schedule 130 of Annex C;
"CUSTOMER SERVICE PLAN" a document containing details of
individuals, addresses and telephone numbers
for ordering or maintenance of the services
provided pursuant to this Agreement;
"D" the first digit immediately following the
NNG;
"DATA MANAGEMENT AMENDMENT" such reconfiguration of the BT System or the
Operator System as is necessary for access,
routing and charging of Calls;
"DAYTIME" the period of time between 0800 and 1800 on
Monday to Friday or such other period of
time as shall be agreed between the Parties;
"DE" the first two digits immediately following
the NNG;
"DEFAULT INTEREST RATE" four per cent (4%) above the rate per annum
as displayed on the "LIBP" page (or such
other page whatever its designation on which
London Inter-Bank Offered Rates of major
banks for three months sterling
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deposits are for the time being displayed)
on the Reuters Monitor Money Rates Services
provided that if the offered rates of less
than two banks are so displayed then "LIBOR"
shall be the arithmetic mean as determined
by the Party charging interest of the
offered quotations of two leading clearing
banks in London, selected by such Party for
three months sterling deposits. Such
interest shall be calculated on a daily
basis;
"DIRECTOR AREA" an area comprising certain major United
Kingdom conurbations which area is delimited
by a Director Area Number;
"DIRECTOR AREA NUMBER" the code (excluding the leading zero)
comprising 3 digits for telephone numbers in
certain major United Kingdom conurbations;
"DIRECTOR GENERAL" the Director General of Telecommunications;
"DISCLOSING PARTY" a Party disclosing information to the other
Party;
"DISPUTE" a disagreement between the Parties excluding
breaches of this Agreement;
"DUE DATE" a date which is 30 calendar days after the
date of an invoice;
"E" the first digit immediately following the D;
"EFFECTIVE DATE" a date referred to by that name in the
Carrier Price List or in a Schedule being
the date on which a charge or a variation of
a charge referred to in the Carrier Price
List or a Schedule takes effect;
"EMERGENCY CALL" a 999 or 112 Call handed over from the
Operator System to the BT System;
"EMERGENCY CENTRE" premises where BT Operators answer Emergency
Calls;
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"EMERGENCY ORGANISATION" the relevant local public police, fire,
ambulance and coastguard services and other
similar organisation providing assistance to
the public in emergencies;
"ETSI" the European Telecommunications Standards
Institute;
"EVENING" periods of time not being either Daytime or
Weekend or such other period of time as
shall be agreed between the Parties;
"EXCHANGE LINE" has the meaning in schedule 1 part 1 of the
BT Licence as in force at the date of this
Agreement;
"FINAL CHARGE" in the case of charges payable to BT the
charge (or the means of calculating that
charge) for a Standard Service (other than a
Competitive Standard Service) for each
Financial Year In Question recalculated and
redetermined by the Director General based
on the Financial Statement for the Financial
Year In Question in accordance with
Condition 13.5A.3B or 13.5C.6 of the BT
Licence; and
in the case of charges payable to the
Operator the charge (or the means of
calculating that charge) for a service
provided by the Operator to BT for each
Financial Year In Question agreed between
the Parties in writing or determined by the
Director General based on the audited
figures relating to that service for the
relevant year or, if those figures are not
available, the most recent audited figures
which are available or, if no audited
figures are available the best information
available to the Director General in
accordance with Condition 13.5B.1A of the BT
Licence;
"FINANCIAL STATEMENT" has the meaning in Condition 20B of the BT
Licence;
"FINANCIAL YEAR" a period of one year used for accounting
purposes;
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"FINANCIAL YEAR IN QUESTION" a period of one year ending each 31 March in
respect of which a charge is payable for
services provided during that year;
"FORECAST" unless otherwise specified, has the meaning
in Condition 13.5A.3A of the BT Licence;
"FRBS STATEMENT" has the meaning in Condition 13.5A.3C (b) of
the BT Licence;
"FULLY PROVIDED" Capacity on a Traffic Route which will carry
all the relevant Traffic Streams at the
planned grade of service;
"G703 INTERFACE" an interface meeting the requirements of
ITU-T Recommendation G703 (Geneva 1991);
"GENERIC ELECTRICAL AND BT's Generic Electrical and Physical
PHYSICAL INTERFACE SPECIFICATION" Interface Specification, as amended or
substituted from time to time with the
Parties' agreement including without
limitation changes pursuant to paragraphs
3.2 or 3.3 of Annex A;
"GENERIC SDH INTERFACE BT's Generic Synchronous Digital Hierarchy
SPECIFICATION" Interface Specification, as amended or
substituted from time to time with the
Parties' agreement including without
limitation changes pursuant to paragraphs
3.2 and 3.3 of Annex A;
"GENERIC C7 SIGNALLING BT's Generic C7 Signalling Interface
INTERFACE SPECIFICATION" Specification, as amended or substituted
from time to time with the Parties'
agreement including without limitation
changes pursuant to paragraphs 3.2 or 3.3 of
Annex A;
"GENERIC TRANSMISSION BT's Generic Transmission Interface
INTERFACE SPECIFICATION" Specification, as amended or substituted
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from time to time with the Parties'
agreement including without limitation
changes pursuant to paragraphs 3.2 or 3.3 of
Annex A;
"GSM" Global System for Mobile Communications;
"HOLDING COMPANY" has the meaning in sections 736 and 736A of
the Companies Xxx 0000;
"INCA" BT's Inter Network Call Accounting System as
the same may be developed from time to time;
"INCOMING CALLS" Calls handed over at a Point of Connection
by BT to the Operator other than Indirect
Access Calls;
"INDIRECT ACCESS CALL" a Call where a Calling Party on one Party's
System has chosen to convey that Call to the
other Party's System by prefixing that Call
with an Access Code;
"IN-SPAN INTERCONNECT" an Interconnect Link provided pursuant to
Schedule 01;
"INTELLECTUAL PROPERTY RIGHTS" any patent, xxxxx patent, registered design,
registered trade or service xxxx, copyright,
design right, semi-conductor topography
right, know-how or any similar right
exercisable in any part of the world
including any application therefor;
"INTERCONNECT EXTENSION CIRCUIT" a Link, being part of a 2Mbit/s ISI
OR "IEC" Interconnect Link, between the Muliplexor in
a Remote Switch Connection and the
Multiplexor terminating the ISI Interconnect
Link;
"INTERCONNECT LINK" a Link connecting a BT Switch Connection and
an Operator Switch Connection passing
through a Point of Connection;
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"INTERCONNECT USAGE REPORT" a report in the same or substantially the
same form as specified in the Billing
Manual;
"INTERIM CHARGE" in the case charges payable to BT the charge
(or the means of calculating that charge)
for a Standard Service (other than a
Competitive Standard Service) for each
Financial Year In Question determined by the
Director General in accordance with
Condition 13.5A.3A or 13.5C.6 of the BT
Licence; and
in the case of charges payable to the
Operator the charge (or the means of
calculating that charge) for a service
provided by the Operator to BT for each
Financial Year In Question agreed between
the Parties in writing or determined by the
Director General in accordance with
Condition 13.5B.1A of the BT Licence;
"INTERNATIONAL CALL" a Call received by the BT System from:
(a) an Authorised Overseas System; or
(b) the Operator System destined for an
Authorised Overseas System; or
a Call received by the Operator System from:
(a) an Authorised Overseas System, or
(b) the BT System destined for an
Authorised Overseas System;
"INTRABUILDING LINK" a connection between a BT or an Operator
Switch Connection and the G703 Interface on
the Multiplexor forming part of an
Interconnect Link;
"INVOICE DATE" the date on which an invoice is despatched;
"ISI INTERCONNECT LINK" a portion of an Interconnect Link being that
cable (or fibres within that cable) and
LTE's between an Operator building and a BT
building over which a number of
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2Mbit/s ISI Interconnect Links are provided;
"ITU-T" the Telecommunications Standards Bureau
(formerly the International Telegraph and
Telephone Consultative Committee) of the
International Telecommunications Union;
"LAND MOBILE RADIO SERVICE" has the meaning in Condition 18 of the BT
Licence;
"LICENCE" the BT Licence or, as the context requires,
the Operator Licence;
"LINK" telecommunication apparatus (which has the
meaning in paragraph 1 (1) of schedule 2 to
the Act as in force at the date of this
Agreement) necessary to establish one or
more transmission paths;
"MANUAL" manual referred to in this Agreement of
working practices between the Parties;
"MESSAGE" has the meaning in schedule 1, part 1 of the
BT Licence as in force at the date of this
Agreement;
"MOBILE CALL" a Call to an Operator Customer using a
mobile handset if the Operator Customer
using mobile terminal apparatus would
receive that Call by means of wireless
telegraphy if the handset was switched on
and within range of a base transceiver
station forming part of the Operator System
unless:
(a) the Operator Customer on a
temporary basis has chosen to
divert that Call to another number;
or
(b) the Operator System when the mobile
handset is turned off or out of
range from a base transceiver
station returns a message to that
effect to the Calling Party;
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"MULTIPLEXOR" the multiplexing equipment which serves an
Intrabuilding Link and where appropriate an
IEC;
"NETWORK PROVIDER" in relation to each Standard Service, any
person who has required it, and with whom BT
is obliged to enter into an agreement to
provide that Standard Service under
Condition 13 of the BT Licence;
"NETWORK TERMINATION POINT" has the meaning in schedule 1 part 1 of the
BT Licence as in force at the date of this
Agreement;
"NEW CHARGE" a charge for a Standard Service, which is
less than the charge for that Standard
Service as determined by the Director
General pursuant to Condition 13, following
the consent of the Director General pursuant
to Condition 16B.5 both being Conditions of
the BT Licence;
"NICC" Network Interoperability Consultative
Committee;
"NNG" a national number group being the code
(excluding the leading zero) comprising for
UK telephone numbers (a) for geographical
numbers (excluding Director Area Number,)
four digits (b) for non-geographic numbers,
three digits;
"NON CONVEYANCE STANDARD SERVICE" a Standard Service which is not a Conveyance
Standard Service;
"NUMBER RANGE" Director Area Number, NNG, AFN, D, E, and/or
DE as appropriate;
"NUMBER TRANSLATION SERVICES CALL" a Call to non-geographic telephone numbers
(other than a Calls destined for a mobile
handset) if the Party receiving the Call
translates the dialled digits and routes the
Call in accordance with such translation,
including without limitation, PRS Calls,
Local Call Fee Access Services Calls,
Freephone Calls, National Call Services
Calls and other specially charged services;
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"OCHC" an operator Call handling centre which
routes Calls to BT Operators from Customers
seeking assistance with connection to
another telephone number;
"OFTEL INTEREST RATE" three eighths of one per cent (3/8%) above
the London Inter Bank Offered Rate being the
rate per annum of the offered quotation for
sterling deposits for delivery on the due
date for payment for a period of three
months as displayed on page 3750 on the
Telerate Service (or any other page that may
replace page 3750 on that service) at or
about 11 am London time on the due date of
payment provided that if such a rate is not
so displayed London Inter Bank Offered Rate
shall mean the rate quoted by National
Westminster Bank PLC to leading banks in the
London interbank market at or about 11 am
London time on the due date of payment for
the offering of sterling deposits of a
comparable amount for a period of three
months. Such interest shall be calculated on
a daily basis;
"OPERATOR" the other Party to this Agreement;
"OPERATOR BASIC a Call comprising the minimum service
BT TO BT TRANSIT CALL" features necessary to support a speech path
through the BT System, handed over from the
BT System to the Operator System destined
for the BT System, if a rate for such a Call
is specified from time to time in the
Carrier Price List, being a Call available
for the conveyance of Messages;
"OPERATOR BASIC INTERNATIONAL a Call, received by the BT System from an
INCOMING CALL" Authorised Overseas System, comprising the
minimum service features necessary to
support a speech path through the BT System,
handed over from BT System to the Operator
System destined for a telephone number of an
Operator Network Termination Point, if a
rate for such a Call is specified from time
to time in the Carrier
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Price List, being a Call available for the
conveyance of messages;
"OPERATOR BASIC INTERNATIONAL a Call, destined for an Authorised Overseas
OUTGOING CALL" System, comprising the minimum service
features necessary to support a speech path
through the BT System, handed over from the
BT System to the Operator System, if a rate
for such a Call is specified from time to
time in the Carrier Price List, being a Call
available for the conveyance of Messages;
"OPERATOR BASIC TELEPHONY CALL" a Call, comprising the minimum service
features necessary to support a speech path
through the BT System, handed over from the
BT System to the Operator System, destined
for a telephone number of an Operator
Network Termination Point, being a Call
available for the conveyance of Messages;
"OPERATOR BASIC TRANSIT CALL" a Call comprising the minimum service
features necessary to support a speech path
through the BT System, handed over from the
BT System to the Operator System destined
for a Third Party Operator's system, if a
rate for such a Call is specified from time
to time in the Carrier Price List being a
Call available for the conveyance of
Messages;
"OPERATOR BT TO BT TRANSIT CALL" either an Operator Basic BT to BT Transit
Call or an Operator ISDN BT to BT Transit
Call;
"OPERATOR EXCHANGE" an Operator Local Exchange, Operator Mobile
Exchange or Operator Tandem Exchange and
such other Switch which the Parties may from
time to time agree is an Operator Exchange;
"OPERATOR INTERNATIONAL either an Operator Basic International
INCOMING CALL" Incoming Call or an Operator ISDN
International Incoming Call;
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"OPERATOR INTERNATIONAL either an Operator Basic International
OUTGOING CALL" Outgoing Call or an Operator ISDN
International Outgoing Call;
"OPERATOR ISDN BT TO BT a Call comprising service features
TRANSIT CALL" additional to the minimum features necessary
to support a speech path through the BT
System, being service features described as
bearer services, teleservices or
supplementary services in the ETSI
Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the BT System to the
Operator System, destined for the BT System,
if a rate for such a Call is specified from
time to time in the Carrier Price List being
a Call available for the conveyance of
Messages;
"OPERATOR ISDN INTERNATIONAL a Call, received by the BT System from an
INCOMING CALL" Authorised Overseas System, comprising
service features additional to the minimum
features necessary to support a speech path
through the BT System, being service
features described as bearer services,
teleservices or supplementary services in
the ETSI Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the BT System to the
Operator System, destined for a telephone
number of an Operator Network Termination
Point, if a rate for such a Call is
specified from time to time in the Carrier
Price List, being a Call available for the
conveyance of Messages;
"OPERATOR ISDN INTERNATIONAL a Call, destined for an Authorised Overseas
OUTGOING CALL" System, comprising service features
additional to the minimum features necessary
to support a speech path through the BT
System, being service features described as
bearer services, teleservices or
supplementary services in the ETSI
Memorandum of Understanding on the
Implementation of European ISDN Service,
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handed over from the BT System to the
Operator System, if a rate for such a Call
is specified from time to time in the
Carrier Price List, being a Call available
for the conveyance of Messages;
"OPERATOR ISDN TELEPHONY CALL" a Call, comprising service features
additional to the minimum features necessary
to support a speech path through the BT
System, being service features described as
bearer services, teleservices or
supplementary services in the ETSI
Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the BT System to the
Operator System, destined for a telephone
number of an Operator Network Termination
Point, being a Call available for the
conveyance of Messages;
"OPERATOR ISDN TRANSIT CALL" a Call comprising service features
additional to the minimum features necessary
to support a speech path through the BT
System, being service features described as
bearer services, teleservices or
supplementary services in the ETSI
Memorandum of Understanding on the
Implementation of European ISDN Service,
handed over from the BT System to the
Operator System, destined for a Third Party
Operator's system, if a rate for such a Call
is specified from time to time in the
Carrier Price List being a Call available
for the conveyance of Messages;
"OPERATOR LICENCE" the licence granted to the Operator pursuant
to section 7 of the Act under which the
Operator runs the Operator System;
"OPERATOR LICENSED AREA" the geographical area in which the Operator
is permitted pursuant to the Operator
Licence to provide telecommunication
services;
"OPERATOR LOCAL EXCHANGE" a digital Switch, except an Operator Mobile
Exchange, in the Operator System which
Switch connects by that Switch alone Calls
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from Network Termination Points in the
Operator System;
"OPERATOR MOBILE EXCHANGE" a digital Switch in the Operator's System
which Switch connects by that Switch those
Calls from base stations and/or base station
controllers in the Operator System providing
a Land Mobile Radio Service for handsets;
"OPERATOR'S OPERATOR" a person who answers Calls for directory or
operator assistance or other similar Calls
for the Operator;
"OPERATOR PRS CALL" a Call to a PRS:
(a) for which if originated on the
Operator System, the person
responsible for payment would pay
at a rate higher than that which
would apply to a directly dialled
Operator Telephony Call of
equivalent distance and duration;
and
(b) if payment is made by the Operator
to a Operator PRS Service Provider
and if payment takes into account
the number or duration of Calls to
that the Operator PRS Service
Provider;
"OPERATOR PRS SERVICE PROVIDER" a person having a contract with the Operator
for the delivery of Operator PRS Calls;
"OPERATOR PRS SUB SERVICE PROVIDER" a person having an arrangement for the
delivery of Operator PRS Calls, whether or
not legally binding, with an Operator PRS
Service Provider, directly or indirectly;
"OPERATOR SYSTEM" the Telecommunication System run by the
Operator pursuant to the Operator Licence as
in force at the date of this Agreement;
"OPERATOR SWITCH CONNECTION" an Operator Exchange at which Calls handed
over:
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(a) from the BT System are initially
switched; or
(b) to the BT System are finally
switched;
by the Operator;
"OPERATOR TANDEM EXCHANGE" a digital tandem Switch in the Operator
System which provides access to Operator
Local Exchanges or Operator Mobile
Exchanges;
"OPERATOR TELEPHONY CALL" either an Operator Basic Telephony Call or
an Operator ISDN Telephony Call;
"OPERATOR TRANSIT CALL" either an Operator Basic Transit Call or an
Operator ISDN Transit Call;
"OUTGOING CALL" a Call handed over at a Point of Connection
by the Operator to BT;
"PARENT BT EXCHANGE" a BT Tandem Exchange which has a direct
connection to a BT DLE, BT DLTE or BT ALE
for the conveyance of Calls in the ordinary
course of business;
"PARTY" a party to this Agreement;
"PATH PROTECTION" resilience improvement of an ISI
Interconnect Link as described in Schedule
01 of Annex C;
"PDH" plesiochronous digital hierarchy;
"POINT OF CONNECTION" a physical point where the BT System and the
Operator System are connected for Calls to
be handed over from one System to the other;
"PRE-INTERIM CHARGE" If the Director General has not determined
the Interim Charge (or the means of
calculating that charge) for the Financial
Year In Question;
in the case of charges payable to BT, for
each Standard Service (other than a
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Competitive Standard Service), the charge
fixed by BT for each such Standard Service;
and
in the case of charges payable to the
Operator, for each service provided by the
Operator to BT, the charge fixed by the
Operator for each such service;
"PRS" OR "PREMIUM RATE SERVICE" an entertainment or information service:
(a) which is accessed by means of a
Call and consists of, or includes
the sending of, speech, music,
other sounds or signals to the
Calling Party; and
(b) for which payment is made by means
of Call charges;
"PRS FRAUD" either:
a loss suffered by the Operator because of
the non payment of charges for BT PRS Calls,
in circumstances when the BT PRS Service
Provider or the BT PRS Sub Service Provider
organises or arranges for BT PRS Calls to be
made to his PRS in circumstances when there
is a reasonable expectation that the Calling
Party or the person responsible for payment
does not intend to pay or will seek to avoid
payment for all or part of the Call charges;
or
a loss suffered by BT because of the non
payment of charges for Operator PRS Calls,
in circumstances when the Operator PRS
Service Provider or the Operator PRS Sub
Service Provider organises or arranges for
Operator PRS Calls to be made to his PRS in
circumstances when there is a reasonable
expectation that the Calling Party or the
person responsible for payment does not
intend to pay or will seek to avoid payment
for all or part of the Call charges;
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"PURCHASER" the Party to whom Capacity is provided by
the Supplier;
"QUALITY SCHEDULE" has the meaning in Condition 17C of the BT
Licence;
"QUARTER DAYS" 1 January, 1 April, 1 July and 1 October in
each and every year;
"RCU" a remote concentrator unit supported by a BT
DLTE or a BT DLE;
"READY FOR SERVICE DATE" the date on which testing of Capacity at a
Switch Connection is satisfactorily
completed and such Capacity is ready for
service (in accordance with this Agreement);
"READY FOR TEST DATE" the date on which Capacity at a Switch
Connection is Ready for Testing;
"READY FOR TESTING" when the Supplier has satisfactorily
completed the provisioning of that part of
an Interconnect Link that is under his
direct control;
"RECEIVING PARTY" a Party receiving information from the
Disclosing Party;
"RELEASE SIGNAL" a signal which indicates that the
transmission path of a Call has been
disconnected;
"RELEVANT CONNECTABLE SYSTEM" has the meaning in Condition 13.9 of the BT
Licence;
"REMOTE SWITCH CONNECTION" a BT Switch Connection or an Operator Switch
Connection which:
(a) is accessed via a BT or Operator
building notified from time to time
pursuant to paragraph 3 of Annex A
as being suitable for supporting
IECs; and
(b) is connected by an BT IEC or an
Operator IEC, as the context
requires;
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"REVIEW DATE" a date referred to by that name in this
Agreement or in a Schedule which entitles
either Party to serve a review notice
seeking to amend the charges referred to in
the Carrier Price List or in that Schedule;
"ROUTE AUGMENTATION" additional Capacity on an established
Traffic Route;
"ROUTE TYPE" the segregation of Capacity within a Traffic
Route for the conveyance of certain Traffic
Types;
"SCHEDULE" a schedule in Annex C of this Agreement;
"SDH" synchronous digital hierarchy;
"SIGNALLING LINK" a 64 Kbit/s digital path within a 2 Mbit/sec
Interconnect Link between two ITU-T 7
signalling nodes which is used for
signalling;
"SIGNALLING LINK SET" a pair of Signalling Links each within a
separate 2 Mbit/s system on an Interconnect
Link;
"SPECIFICATION" one of the Generic Electrical and Physical
Interface Specification, the Generic C7
Signalling Interface Specification, the
Generic Transmission Interface Specification
and the Generic SDH Interface Specification;
"STANDARD SERVICE" a service, including, without limitation, a
Competitive Standard Service, which a
Network Provider has required from BT and
which BT is obliged to provide, or to enter
into an agreement to provide, under
Condition 13 of the BT Licence;
"SUBSIDIARY" has the meaning in sections 736 and 736A of
the Companies Xxx 0000;
"SUPPLIER" the Party providing Capacity to the other
Party;
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"SWITCH" telecommunication apparatus within a System
which performs the function of switching and
routing Calls;
"SWITCH CONNECTION" a BT Switch Connection or, as the context
requires, an Operator Switch Connection;
"SYSTEM" the BT System or, as the context requires,
the Operator System;
"SYSTEM ALTERATION" a change (other than a Data Management
Amendment) to a Party's System, which
requires a change to be made to the other
Party's System to allow the continuance of
the conveyance of Calls across a Point of
Connection pursuant to this Agreement;
"TARGET PERFORMANCE" has the meaning in Condition 17C of the BT
Licence;
"TECHNICAL MASTER PLAN" a document recording details of the Points
of Connection and the plans for development
of further Points of Connection;
"TECHNICAL REVIEW MEETING" a technical meeting pursuant to paragraph 13
of Annex A;
"TELECOMMUNICATION SYSTEM" a telecommunication system within the United
Kingdom as defined in section 4 of the Act
or an Authorised Overseas System;
"THIRD PARTY" a person other than BT or the Operator;
"THIRD PARTY INTERCONNECT" interconnect using a Third Party ISI
Interconnect Link;
"THIRD PARTY INTERCONNECT either:
AGREEMENT"
(a) an agreement between BT and a Third
Party Operator pursuant to
Condition 13 as it applies from
time to time of the BT Licence or
the equivalent Condition of the
Third Party Operator licence; or
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(b) an agreement between the Operator
and a Third Party Operator pursuant
to the Condition equivalent to
Condition 13 of the BT Licence
contained in either the Operator or
Third Party Operator licences;
"THIRD PARTY ISI INTERCONNECT an Interconnect Link as defined in Schedule
LINK" 01;
"THIRD PARTY OPERATOR" a person being neither the Operator nor BT
who is licensed under the Act to run a
Relevant Connectable System;
"TIBS" BT's Telecommunications Input Billing
System, which records information on certain
Calls which use the services of a BT
Operator or the operator of a Third Party;
"TIBS BILLING INFORMATION reports in the same or substantially the
AND REFUND REPORT" same form as in the Billing Manual;
"TIBS INFORMATION" itemised Call records of the services
provided by BT Operators or the operator of
a Third Party to the Operator which would
have resulted in a charge from BT had the
Calling Parties been BT Customers, together
with reports relating to Transfer Charge
Calls, ineffective calls, and any other
records which will result in charges to be
paid by or to the Operator for such
services;
"TRAFFIC FORECAST" a forecast of traffic at a BT Switch
Connection or Operator Switch Connection,
such forecast provided by one Party to the
other pursuant to paragraph 8 of Annex A;
"TRAFFIC ROUTE" discrete and identifiable units of 2 Mbit/s
Capacity within an Interconnect Link;
"TRAFFIC STREAM" a group of Calls carried from a specific
place in one Party's System to a specific
place in the other Party's System;
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"TRAFFIC TYPE" a different identifiable type of Call;
"TRANSFER CHARGE CALL" a Call for which the Called Party is
requested and agrees to pay the cost of a
Call from the Calling Party;
"VAT" United Kingdom Value Added Tax;
"WEEKEND" period of time between 2400 on Friday and
2400 on Sunday or such other period of time
as shall be agreed between the Parties;
"WORKING DAY" any day other than Saturdays, Sundays,
public or bank holidays in the United
Kingdom.
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