Common use of A National Calls to CPP Services5 Clause in Contracts

A National Calls to CPP Services5. 2.1. A.1 Where a National Call originates on the PLMN and is made to anumber on the PSTN with the prefix 0880, such number havingbeen allocated for a CPP Service, MTN shall, in addition to theamounts payable in terms of 5. 2. 1, pay to Telkom, acting asagent for the CPP Operator/s, for each rate group specified inPart E of Appendix 6, an amount: calculated in accordance withthe following formula:U = L x MWhereU = the amount in Rand to be paid to Telkom by MTNfor the rate group referred to in M in respect of aparticular Accounting Period; andL = the total duration in seconds of all Calls referred toin this clause 5.2.1.A for such rate group inrespect of such Accounting Period; andM = the applicable per minute rate for a particular rategroup as specified in Part E of Appendix 6, asamended from time to time in accordance with5.2.1.A.4.5.2.1.A.2 The billing procedures set out in 6.1 and 6.3 up to andincluding 6.12 shall mutatis mutandis apply to the additionalamounts payable in terms of this clause 5.2.1.A. In respect ofsuch billing procedures5.2.1.A.2.1the accounting summary from MTN shall reflect BillingInformation, including amounts payable for the rategroups contemplated in Part E of Appendix 6, separatefor each relevant CPP Operator; 60 5.2.1.A.2.2 'Interconnect Fees' in 5. 4 shall be read as referring toThe additional amounts contemplated in this clause5.2.1.A. 5.2.1.A.3 In respect of the additional amounts payable by MTN to Telkomin terms of this clause 5.2.1.A, Telkom shall allocate and makepayment of such amounts to each relevant" CPP Operatorwhose services are accessed by the prefix 0880 from thePLMN.5.2.1.A. 4 Telkom may from time to time, following negotiations with theCPP Operators, in writing notify MTN of a change to the valueof M as set out above. Upon receipt by MTN of the aforesaidnotice, Part E of Appendix 6 shall be deemed to be amendedaccordingly, provided that the notified change to the value of Mdoes not:5.2.1.A.4.1 exceed the amount per minute that Telkom pays over tothe CPP Operators for access to the CPP Services fromthe PSTN; and5. 2. 1. A. 4.2 at the time of Telkom concluding negotiations with therelevant CPP-Operators, exceed the then current value ofMany a factor which is greater than the percentage yearon year increase in the Consumer Price index f o r allgoods as published b y the Department o f Statistics from time to time5.2.1.A.5 Changes to the value of M, notified by Telkom to MTN inaccordance with 5.2.1.A.4, shall become effective and beimplemented on the first day of the Accounting Period thatfollows on the expiry of 28 days after the date of receipt byMTN of the said notice.5.2.1.A.6 If for any reason whatsoever, Telkom gives MTN notice thatthe agreement between Telkom and a particular CPP Operatorhas come to an end, the provisions of this clause 5.2.1. A shallterminate in respect of such CPP Operator as from the datespecified by Telkom in such notice. In the event of notificationas contemplated in this clause 5.2.1.A.6, the Parties shall haveno further recourse against one another, except for thefinalisation of billing procedures prior to the date of terminationas aforesaid. "3 By the insertion of the following new clause 5.2.1.A in the VodacomInterconnection Agreement, reading as follows: "5.2.1.

A National Calls to CPP Services5. 2.1. A.1 2.1.A.1 Where a National Call originates on the PLMN and is made to anumber on the PSTN with the prefix 0880OB80, such number havingbeen allocated for a CPP ServiceSendee, MTN Vodacom shall, in addition to theamounts tothe amounts payable in terms of 5. 2. 15.2.1, pay pay, to Telkom, acting asagent actingas agent for the CPP Operator/s, for each rate group specified inPart specifiedin Part E of Appendix 6, . an amount: amount calculated in accordance withthe accordancewith the following formula:U = L x MWhereU M60Where U = the amount in Rand to be paid to Telkom by MTNfor Vodacom for the rate group referred to in M in respect of aparticular a particular Accounting Period; andL and L = the total duration in seconds of all Calls referred toin to in this clause 5.2.1.A for such rate group inrespect in respect of such Accounting Period; andM and M = the applicable per minute rate for a particular rategroup as specified in Part E of Appendix 6, asamended from time to time in accordance with5.2.1.A.4.5.2.1.A.2 with 5.2.1.A.4.5.2.1.A.2 The billing procedures set out in 6.1 and 6.3 5.3 up to andincluding and including 6.12 shall mutatis mutandis apply to the additionalamounts additional amounts payable in terms of this clause 5.2.1.A. In respect ofsuch of such billing procedures5.2.1.A.2.1the procedures5.2.1.A.2. 1 the accounting summary from MTN Vodacom shall reflect BillingInformationreflectBilling Information, including amounts payable for the rategroups therate groups contemplated in Part E of Appendix 6, separatefor 6,separate for each relevant CPP Operator; 60 5.2.1.A.2.2 Operator;5.2.1.A.2. 2 'Interconnect Fees' in 5. 4 6.4 shall be read as referring toThe tothe additional amounts contemplated in this clause5.2.1.A. 5.2.1.A.3 clause5.2.1.A.5.2.1.A.3 In respect of the additional amounts payable by MTN to Telkomin Vodacom toTelkom in terms of this clause 5.2.1.A, Telkom shall allocate and makepayment make payment of such amounts to each relevant" relevant CPP Operatorwhose Operator whose services are accessed by the prefix 0880 from thePLMN.5.2.1.A. 4 the PLMN.5.2.1.A.4 Telkom may from time to time, following negotiations with theCPP Operators, in writing notify MTN Vodacom of a change to the valueof thevalue of M as set out above. Upon receipt by MTN Vodacom of the aforesaidnoticetheaforesaid notice, Part E of Appendix 6 shall be deemed to be amendedaccordinglybeamended accordingly, provided provides that the notified change to the value thevalue of Mdoes not:5.2.1.A.4.1 exceed M does not:5.2.1.A.4.15.2.1.A.4.2exceed the amount per minute that Telkom pays over tothe CPP Operators for access to the CPP Services fromthe PSTN; and5. 2. 1. A. 4.2 at andat the time of Telkom concluding negotiations with therelevant CPP-CPP Operators, exceed the then current value ofMany ofM by a factor which is greater than the percentage yearon year increase in the Consumer Price index f o r Index for allgoods as published b y by the Department o f of Statistics from time fromtime to time5.2.1.A.5 time.5.2.1.A.5 Changes to the value of M, notified by Telkom to MTN Vodacom inaccordance with 5.2.1.A.4, shall become effective and beimplemented on the first day of the Accounting Period thatfollows on the thatthe expiry of 28 days after the date of receipt byMTN of byof the said notice.5.2.1.A.6 notice5.2.1.A.6 If for any reason whatsoever, Telkom gives MTN Vodacom" notice thatthe "that the agreement between Telkom and a particular CPP Operatorhas CPPOperator has come to an end, the provisions of this clause 5.2.1clause5.2.1. A shallterminate shall terminate in respect of such CPP Operator as from the datespecified fromthe date specified by Telkom in such notice. In the event of notificationas ofnotification. as contemplated in this clause 5.2.1.A.6, the Parties theParties shall haveno have no further recourse against one another, ,except for thefinalisation the finalisation of billing procedures prior to the date of terminationas dateof termination as aforesaid. "3 By 4By the insertion annexure to each of the following new clause 5.2.1.A Interconnection Agreements of a newAppendix 6 which is annexed to this Amendment Agreement No 3, marked"A" in the VodacomInterconnection case of the MTN Interconnection Agreement and "B" in the caseof the Vodacom Interconnection Agreement, reading and initialled by the Parties.SIGNED AT PRETORIA ON THIS 8th DAY OF JULY 1998AS WITNESSES:/S/ /S/ for TELKOM SA LIMITED/S/ SIGNED AT SANDTONAS WITNESSES:/S/ /S/ /S/ ON THIS 14th DAY OF AUGUST 1998MOBILE TELEPHONE NETWORKS(PROPRIETARY) LIMITEDSIGNED AT SANDTON AS WITNESSES:/S/ /S/ /S/ ON THIS 21st DAY OF JULY 1998for VODACOM(PROPRIETARY) LIMITED APPENDIX 6A INTERCONNECT FEES - NATIONAL CALLS ORIGINATING ON THEPLMN AND CONVEYED ON THE PSTN (vide 5. 2. 1)Rate Group 1Rate Group 2Rate Group 3Monday to Friday07:00 - 13:00 Monday to Friday 18: 00- 20:00 Saturday 07: 00- 12: 00Monday to Friday 20: 00- 07:000. 21 Rand per minute0. 14 Rand per minute0, 10 Rand per minute Saturday 00:00 - 07:00 Sat 13: 00 xxXxx 07: 00BDISCOUNTS ON INTERCONNECT FEES (NATIONAL CALLS)(vide5. 2. 5) Total annual amount payable to Telkom by Vodacom (calculated from 1 June 1994) for National, International, T3VC and Community Service Calls R0 - 7, 5 Million R7, 5 - 15 Million R15 - 30 Million R30 - 40 Million R40 Million + Discount on Interconnect Fees referred to in 5. 2. 1 of main body of Agreement 0% 2, 5% 5% 10% 12,5% INTERCONNECT FEE FOR THE CONVEYANCE BY TELKOM OF"INTERNATIONAL CALLS ORIGINATING ON THE PLMN (vide 5. 3. 1)Interconnect fee per minute =Telkomunitchargex 0. 83 x 60 Duration in seconds of metering periodat applicable international rate DINTERCONNECT FEES FOR THE CONVEYANCE OFINTERNATIONAL CALLS DESTINED FOR THE PLMN (vide 5. 3. 2)Interconnect fee per minute = R0, 21AMOUNTS PAYABLE FOR CALLS DESTINED FOR CPP PAGINGSERVICES ON THE Type of CPP Service Alpha numeric Tone and numericPSTN (vide 5. 2.1.A CPP Rate Group Rate Group 1 Rate Group 21. Applicable hours Mondays to Sundays All hours Mondays to Sundays All hours Rate per minute R1. 65 R0.87 C EAMENDMENT TO AGREEMENTbetweenTelkom SA Ltdand Vodacom (Pty) Ltdhclb\g: \TELKOM INTERCONNECT_AMEND(01/08/21)TABLE OF CONTENTS1 RECORDAL 22 INTERPRETATION AND DEFINITIONS 23 INTERCONNECT RATE GROUPS 34 CHARGES AND PAYMENTS 35 EFFECTIVE DATE OF THIS AMENDMENT TO AGREEMENT 1 56 SUSPENSIVE CONDITIONS 157 WHOLE AMENDMENT 16hclb\g: \TELKOM INTERCONNECT_AMEND(01/08/21)AMENDMENT TO INTERCONNECTION AGREEMENTbetweenTelkom SA (Pty) Ltd(hereinafter referred to as follows"Telkom")andVodacom (Pty) Ltd(hereinafter referred to as "Vodacom")hclb\g: \TELKOM INTERCONNECT_AMEND (01/08/21) 11 RECORDAL1.1 On 16 February 1994 Vodacom and MTN (Pty) Ltd("MTN"5.2.1.) respectively concluded InterconnectionAgreements with Telkom as well as subsequentamendments thereto which Interconnection Agreements,as amended, subsist.1.2 The parties have agreed to amend the InterconnectionAgreement, as amended, subsisting between them ("theInterconnection Agreement"), as set forth herein.2 INTERPRETATION AND DEFINITIONS2.1 In this Amendment to Agreement all words and phrasesdefined in the Interconnection Agreement shall bearcorresponding meanings unless the context otherwiseclearly indicates.2.2 All amounts set out in this Amendment to Agreement areexclusive of Value Added Tax.hclb\g: \TELKOM. INTERCONNECT_AMEND (01/08/21) 2INTERCONNECT RATE GROUPS3The parties hereby agree that with effect from 1 November2001 the following rate groups and time periods shall replacethose currently provided for in Part A of Appendix 6 to theInterconnection Agreement and apply to all National Callsoriginating on the PLMN and conveyed on the PSTN, allNational Calls originating on the PSTN and conveyed on thePLMN and to all International Calls destined for the PLMN: Peak - Off-peak -07: 00 to 20: 00 Mondays to Fridaysall other hoursCHARGES AND PAYMENTS44.1National

A National Calls to CPP Services5. 2.1. A.1 2.1.A.1 Where a National Call originates on the PLMN and is made to anumber on the PSTN with the prefix 0880, such number havingbeen allocated for a CPP Service, MTN shall, in addition to theamounts payable in terms of 5. 2. 1, pay to Telkom, acting asagent for the CPP Operator/s, for each rate group specified inPart E of Appendix 6, an amount: amount calculated in accordance withthe following formula:U = L x MWhereU = the amount in Rand to be paid to Telkom by MTNfor the rate group referred to in M in respect of aparticular Accounting Period; andL = the total duration in seconds of all Calls referred toin this clause 5.2.1.A for such rate group inrespect of such Accounting Period; andM = the applicable per minute rate for a particular rategroup as specified in Part E of Appendix 6, asamended from time to time in accordance with5.2.1.A.4.5.2.1.A.2 The billing procedures set out in 6.1 and 6.3 up to andincluding 6.12 shall mutatis mutandis apply to the additionalamounts payable in terms of this clause 5.2.1.A. 5.2.1. A. In respect ofsuch billing procedures5.2.1.A.2.1the procedures5.2.1.A.2.1 the accounting summary from MTN shall reflect BillingInformation, including amounts payable for the rategroups contemplated in Part E of Appendix 6, separatefor each relevant CPP Operator; 60 5.2.1.A.2.2 605.2.1.A.2.2 'Interconnect lnterconnect Fees' in 5. 4 6.4 shall be read as referring toThe tothe additional amounts contemplated in this clause5.2.1.A. 5.2.1.A.3 clause5.2.1.A.5.2.1.A.3 In respect of the additional amounts payable by MTN to Telkomin terms of this clause 5.2.1.A, Telkom shall allocate and makepayment of such amounts to each relevant" e a c h relevant CPP Operatorwhose services are accessed by the prefix 0880 from thePLMN.5.2.1.A. 4 thePLMN.5.2.1.A.4 Telkom may from time to time, following negotiations with theCPP Operators, in writing notify MTN of a change to the valueof M as set out above. Upon receipt by MTN of the aforesaidnotice, Part E of Appendix 6 shall be deemed to be amendedaccordingly, provided that the notified change to the value of Mdoes not:5.2.1.A.4.1 exceed the amount per minute that Telkom pays over tothe CPP Operators for access to the CPP Services fromthe PSTN; and5. 2. 1. A. 4.2 and5.2.1.A.4.2 at the time of Telkom concluding negotiations with therelevant CPP-the relevant CPP Operators, exceed the then current value ofMany a ofa factor which is greater than the percentage yearon year increase in the Consumer Price index f o r for allgoods as published b y by the Department o f of Statistics from time to time5.2.1.A.5 Changes to the value of M, notified by Telkom to MTN inaccordance with 5.2.1.A.4, shall become effective and beimplemented on the first day of the Accounting Period thatfollows on the expiry of 28 days after the date of receipt byMTN of the said notice.5.2.1.A.6 If for any reason whatsoever, Telkom gives MTN notice thatthe agreement between Telkom and a particular CPP Operatorhas come to an end, the provisions of this clause 5.2.1. A shallterminate in respect of such CPP Operator as from the datespecified by Telkom in such notice. In the event of notificationas contemplated in this clause 5.2.1.A.6, the Parties shall haveno further recourse against one another, except for thefinalisation of billing procedures prior to the date of terminationas aforesaid. "3 By the insertion of the following new clause 5.2.1.A in the VodacomInterconnection Agreement, reading as follows: "follows:3National Calls to CPP Services5.2.I.A.I Where a National Call originates on the PLMN and is made to anumber on the PSTN with the prefix 0880, such number havingbeen allocated for a CPP Service, Vodacom shall, in addition tothe amounts payable in terms of 5. 2. 1, pay to Telkom, actingas agent for the CPP Operator/s, for each rate group specifiedin Part E of Appendix 6. an amount calculated in accordancewith the following formula:U = L x M 60WhereU = the amount in Rand to be paid to Telkom byVodacom for the rate group referred to in M inrespect of a particular Accounting Period; andL = the total duration in seconds of all Calls referred toin this clause 5.2.1. A for such rate group in respect of such Accounting Period; andM = the applicable per minute rate for a particular rate group as specified in Part E of Appendix 6, asamended from time to time in accordance with5.2.1.A.4.5.2.1.A.2 The billing procedures set out in 6.1 and 6.3 up to andincluding 6.12 shall mutantis mutandis apply to the additionalamounts payable in terms of this clause 5.2.1.A. In respect ofsuch billing procedures5.2.1.A.2.1 the accounting summary from Vodacom shall reflectBilling Information, including amounts payable for therate groups contemplated in Part E of Appendix 6,separate for each relevant CPP Operator;5.2.1.A.2.2 'Interconnect Fees' in 6.4 shall be read as referring tothe additional amounts contemplated in this clause5.2.1.A.5.2.1.A.3 In respect of the additional amounts payable by Vodacom toTelkom in terms of this clause 5.2.1.A. Telkom shall allocateand make payment of such amounts to each relevant CPPOperator whose services are accessed by the prefix 0880 fromthe PLMN.5.2.I.A5.2.