EXHIBIT 4(b)(ii)14
Amendment No. 7
to the Interconnection Agreement concluded on 23 December 1999,
and to Amendment No. 1 thereof, concluded on 28 January, 2000,
Amendment No. 2 thereof, concluded on 31 October, 2000,
Amendment No. 3 thereof, concluded on 28 February, 2001,
Amendment No. 4 thereof, concluded on 1 April, 2001,
Amendment No. 5 thereof, concluded on 23 August, 2001,
and Amendment No. 6 thereof, concluded on 11 October, 2001
between the Contracting Parties EuroTel Bratislava, a.s.
and Globtel, a.s.
(hereinafter referred to as the "Agreement")
This Amendment No. 7 was concluded with effect from January 1st, 2002 by and
between:
EuroTel Bratislava, a.s.
Registered office: Xxxxxxxxx 000/X, 000 00 Xxxxxxxxxx
Company's reg. No.: 35 70 50 19
Tax reg. No.: 35 70 50 19/600
Bank/Account No.: Tatra Banka 2625022508/1100
Represented by: Ing. Xxxxx Xxxxx, Director General/Procurator
JUDr. Xxx Xxxxxxx, General Counsel/Proxy
(hereinafter referred to as "EuroTel" or "Party")
and
Globtel, a.s.
Registered Office: Xxxxxxxxxx 0/X, 000 00 Xxxxxxxxxx
Company's reg. No.: 35 69 72 70
Tax reg. No.: 35 69 72 70/601
Bank/Account No.: Tatra Banka 2623005720/1100
Represented by: Ing. Xxxxx Xxxxxxxx, CSc., Director General
(hereinafter referred to as "Globtel" or "Party")
Whereas the Telecommunication Office of the Slovak Republic allocated to Globtel
numeric blocks 187xx and 188xx by Decision of Number Allocation No. 0l2/2001 of
14 June 2001 under Section 30 and subs. of Act No. 195/2000 Coll. on
Telecommunications;
Whereas the Telecommunication Office of the Slovak Republic allocated to EuroTel
numeric blocks 183xx and 184xx by Decision on Number Allocation No. 016/2001 of
July 4, 2001 under Section 30 and subs. of Act No. 195/2000 Coll. on
Telecommunications;
Whereas Globtel applied in writing for establishment of access to NMT and GSM
networks operated by EuroTel for numeric blocks 187xx and 188xx:
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Ammendment No. 7 to the Interconnect Agreement dated December 23, 1999
EuroTel Bratislava. a.s. and Globtel. a.s.
Whereas EuroTel applied in writing for establishment of access to GSM network
operated by Globtel for numeric blocks 183xx and 184xx;
Whereas Globtel proposed the adjustment of interconnection charges and extension
of the Agreement till 30 September 2001 in accordance with applicable wording of
Art. 3, section 3.9 of the Interconnection Agreement;
Whereas Globtel suggested changing the contact person mentioned in Annex VII of
the Agreement;
The Parties have agreed to amend Article 2 section 2.11, Article 3 section 3.9,
Article 7, Article 13 section 13.1 of the Agreement and Annex IV, Annex V, Annex
VI and Annex VII to the Agreement as follows:
I.
Original wording of an Article 2. Interconnections, section 2.11 has been
cancelled and substituted by new wording which reads:
"2.11. The Parties cannot use radio relay or local connection, equipment, and
services rendered under this Agreement for other than legal purposes and
purposes mentioned in Annex IV hereto."
II.
Original wording of an Article 3. Prices and Payments, section 3.9. has been
cancelled and substituted by new wording which reads:
"3.9. Prices specified in this Article 3, as well as in Annex V shall remain
valid till December 31, 2002. Four calendar months before the end of the
above period, i.e. by August 31, 2002 at the latest, any of the Parties
shall be entitled to deliver to the other Party a proposal to adjust
existing applicable prices for interconnection in a manner specified in
this Agreement, structured by categorise of calls specified in Annex IV
hereto. The other Party shall be obligated to start negotiations on prices
for interconnection in terms of the proposal within five (5) days of the
date of delivery of such proposal to adjust prices for interconnection.
Should new prices for interconnection for the period after January 1, 2003
be not agreed on, prices specified in this Article 3 as well as in Annex V
shall remain in force till 31 December 2003. In such case, the term of the
Agreement shall also be extended in terms of section 13.1 of Article 13
till 3l December 2003."
III.
Original wording of an Article 7. Numbering Arrangements has been cancelled and
substituted by new wording which reads:
"ARTICLE 7. NUMBERING ARRANGEMENTS
----------------------------------
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Ammendment No. 7 to the Interconnect Agreement dated December 23, 1999
EuroTel Bratislava. a.s. and Globtel. a.s.
7.1. Globtel shall establish access to NMT network operated by EuroTel with
network object code "901" as well as an access for numeric blocks 183xx a
184xx and to GSM network operated by EuroTel with network object codes
"902", "903", "904" as well as an access for numeric blocks 183xx a 184xx,
which were allocated to EuroTel. Globtel shall establish access to NMT
network operated by EuroTel for numeric blocks 183xx a 184xx and to GSM
network operated by EuroTel for numeric blocks 183xx a 184xx on the day,
Record of Readiness shall be signed by both Parties, latest on February
1st, 2002. The specimen of Record of Readiness is listed in annex No. l of
this Amendment No. 7. Should another network object code or another numeric
block be allocated to EuroTel in future, Globtel shall establish access to
NMT and GSM networks operated by EuroTel also to such code or numeric
block.
7.2. EuroTel shall establish access to GSM network operated by Globtel with
network object codes "905", "906", "907", "908" as well as an access for
numeric blocks 187xx, 188xx which were allocated to Globtel. EuroTel shall
establish access to GSM network operated by Globtel for numeric blocks
187xx a 188xx on the day, Record of Readiness shall be signed by both
Parties, latest on February 1st 2002. The specimen of Record of Readiness
is listed in annex No. 1 of this Amendment No. 7. Should another network
object code or another numeric block be allocated to Globtel in future,
EuroTel shall establish access to GSM network operated by Globtel also to
such code or numeric block.
7.3. The Parties shall be obligated to establish access to network to any other
allocated network object code (i.e. not including network object codes set
forth in Section 7.l and 7.2 of this Article) or numeric blocks within 30
calendar days of the date of delivery of a written request for
establishment thereof. The date of the commercial open-up of network
interconnection with any further network object code or numeric block shall
be acknowledged by the Parties in the written Record of Readiness. The
specimen of Record of Readiness is given in the Annex 1 of this Amendment
No. 7. Numeric blocks shall be used in compliance with Numbering plan
enacted by Telecommunication Office of Slovak republic."
IV.
Original wording of an Article 13. Commencement and Duration of the Agreement,
section 13.1 has been cancelled and substituted by new wording which reads:
"13.1. This Agreement shall become effective on the day specified in the heading
hereof and remain in force till 31 December 2002, unless not extended in
terms of section 3.9 of Article 3 thereof."
V.
1. Original wording of an Annex IV Classification of Services, clause I
Introduction, has been cancelled and substituted by new wording which
reads:
"1. Introduction
1.A.1 The below Table of Time-Division Intervals classifies traffic as "peak"
and "off-peak" for purposes of different pricing:
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Ammendment No. 7 to the Interconnect Agreement dated December 23, 1999
EuroTel Bratislava. a.s. and Globtel. a.s.
Table of Time-Division intervals
--------------------------------
--------------------------------------------------------------------------------
Days of the Week
--------------------------------------------------------------------------------
Type Time interval Operation Work days Sat, Sun H*
--------------------------------------------------------------------------------
Time Period I 07.00-19.00 peak x
--------------------------------------------------------------------------------
Time Period II 19.00-07.00 off-peak x
--------------------------------------------------------------------------------
Time Period III 00.00-24.00 off-peak X x
--------------------------------------------------------------------------------
*Note: H indicates public holidays and non-working days as approved by the
National Council of the Slovak Republic.
The Table of Time Intervals shall always be taken into account in classifying
Calls.
1.A.2 Sections 2., 3., 4. and 5. deal with Voice, Data and Fax type of
Communication as follows:
a) Section 2 of this Annex deals with Calls which cross the point of
Interconnection in the EuroTel GSM - Globtel GSM direction or the EuroTel
GSM - ST - Globtel GSM direction when crossing out of the point of
Interconnection.
b) Section 3 of this Annex deals with Calls which cross the point of
Interconnection in the EuroTel NMT - Globtel GSM direction or the EuroTel
NMT - ST - Globtel GSM direction when crossing out of the point of
Interconnection.
c) Section 4 of this Annex deals with Calls which cross the point of
Interconnection in the Globtel GSM - EuroTel GSM direction or the Globtel
GSM - ST - EuroTel GSM direction when crossing out of the point of
lnterconnection.
d) Section 5 of this Annex deals with Calls which cross the point of
Interconnection in the Globtel GSM - EuroTel NMT direction or the Globtel
GSM - ST - EuroTel GSM direction when crossing out of the point of
Interconnection.
e) Section 6 of this Annex deals with Services CLIP, CLIR and SMS.
1.A.3 The Parties have agreed that for purposes of routing the traffic
between the Systems:
a) (....) Calls from the GSM Network operated by Globtel to the GSM Network
operated by EuroTel will be marked by the prefix 902, 903, 904, 183 and 184
without a zero at the beginning;
b) (....) Calls from the GSM and NMT Networks operated by, EuroTel to the GSM
Network operated by Globtel will be marked by the prefix 905, 906, 907,
908, 187 and 188 without zero at the beginning;
c) (....) Calls from the GSM Network operated by Globtel to the NMT Network
operated by EuroTel will be marked by the prefix 901 without a zero at the
beginning;".
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Ammendment No. 7 to the Interconnect Agreement dated December 23, 1999
EuroTel Bratislava. a.s. and Globtel. a.s.
2. Original wording of an Annex IV Classification of Services, clause 2 has
been complemented with new section 2.A.5, which reads as follows:
"2.A.5 Category E: EuroTel GSM - Globtel GSM (numbers 187xx, 188xx);
-
both peak and off peak operation hours
Category E comprises all calls from GSM network operated by EuroTel to
-
GSM network operated by Globtel in time bands I., II., III. (see Table of
Time-Division Intervals) to numbers: 187xx and 188xx.".
3. Original wording of an Annex IV Classification of Services, clause 3 has
been complemented with new Section 3.A.5, which reads as follows:
"3.A.5 Category F: EuroTel NMT - Globtel GSM (munbers 187xx,188xx); both
peak and off peak operation hours
Category F comprises all calls from NMT network operated by EuroTel to
-
GSM network operated by Globtel in time bands I., II., III. (see Table of
Time-Division Intervals) to numbers: 187xx and 188xx."
4. Original wording of an Annex IV Classification of Services, clause 4 has
been complemented with new section 4.A.5, which reads as follows:
"4.A.5 Category e: Globtel GSM - EuroTel GSM (numbers 183xx, 184xx);
-
both peak and offpeak operation hours
Category e comprises all calls from GSM network operated by Globtel to GSM
-
network operated by EuroTel in time bands I., II., III. (see Table of
Time-Division Intervals) to numbers: 183xx a 184xx."
VI.
1. Original wording of an Annex V Interconnection Prices, clause 2 has been
changed and complemented as follows:
"2.1 Prices for interconnection of calls from the GSM network operated by
the EuroTel company to the GSM network operated by the Globtel company
and prices for interconnection of calls from the GSM network operated
by the EuroTel company via the ST network to the GSM network operated
by the Globtel company.
2.2 Prizes For a minute:
Category A : 5.80 SKK
-
Category B : 3.90 SKK
-
Category A1 : 5.80 SKK
--
Category B1 : 3.90 SKK
--
Category E : 2.20 SKK".
-
5/11
Ammendment No. 7 to the Interconnect Agreement dated December 23, 1999
EuroTel Bratislava. a.s. and Globtel. a.s.
2. Original wording of an Annex V Interconnection Prices, clause 3 has been
changed and complemented as follows:
"3.1 Prices for interconnection of calls from the NMT network operated by
the EuroTel company to the GSM network operated by the Globtel company
and prices for interconnection of calls from the NMT network operated
by the EuroTel company via the ST network to the GSM network operated
by the Globtel company.
3.2 Prices for a minute:
Category C : 5.80 SKK
-
Category D : 3.90 SKK
-
Category C1 : 5.80 SKK
--
Category D1 : 3.90 SKK
--
Category F : 2.20 SKK".
-
3. Original wording of an Annex V Interconnection Prices, clause 4 has been
changed and complemented as follows:
"4.1 Prices for interconnection of calls from the GSM network operated by
the Globtel company to the GSM network operated by the EuroTel company
and prices for interconnection of calls from the GSM network operated
by the Globtel company via the ST network to the GSM network operated
by the EuroTel company
4.2 Prices for a minute:
Category a : 5.80 SKK
-
Category b : 3.90 SKK
-
Category a1 : 5.80 SKK
--
Category b1 : 3.90 SKK
--
Category e : 2.20 SKK".
-
4. Original wording of an Annex V Interconnection Prices, clause 5 has
been changed and complemented as follows:
"5.1 Prices for interconnection of calls from the GSM network
operated by the Globtel company to the NMT network operated by
the EuroTel company and prices for interconnection of calls from
the GSM network operated by the Globtel company via the ST
network to the NMT network operated by the EuroTel company
5.2 Prices for a minute:
Category c : 5.80 SKK
-
Category d : 3.90 SKK
-
Category c1 : 5.80 SKK
--
Category dl : 3.90 SKK".
--
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Ammendment No. 7 to the Interconnect Agreement dated December 23, 1999
EuroTel Bratislava. a.s. and Globtel. a.s.
VII.
1. Original wording of an Annex VI, clause 1. Basis for Invoicing has
been cancelled and substituted by new wording which reads:
BASIS FOR INVOICING
"BASIS PROVIDED BY EUROTEL FOR INVOICING
EuroTel shall provide Globtel with data in terms of Art. 4.2. of the
Interconnection Agreement in the following format:
----------------------------------------------------------------
Period:
----------------------------------------------------------------
Category Operation Number of Number of
of calls calls minutes
----------------------------------------------------------------
A GSM ETB - GT peak
----------------------------------------------------------------
B GSM ETB - GT off-peak
----------------------------------------------------------------
C NMT ETB - GT peak
----------------------------------------------------------------
D NMT ETB - GT off-peak
----------------------------------------------------------------
E GSM ETB - GT
(XXXX.XX.)
----------------------------------------------------------------
F NMT ETB - GT
SPEC-NO.)
----------------------------------------------------------------
A1 GSM ETB-ST-GT peak
----------------------------------------------------------------
B1 ETB - ST - GT off-peak
----------------------------------------------------------------
C1 NMT ETB - ST - GT peak
----------------------------------------------------------------
D1 NMT ETB - ST - GT offpeak
------------------------------------------------------------------
2. Original wording of an Annex VI, clause 2, Basis for Invoicing has
been cancelled and substituted by new wording which reads:
BASIS FOR INVOICING
"BASIS PROVIDED BY GLOBTEL FOR INVOICING
Globtel shall provide EuroTel with data in terms of Art. 4.2. of the
Interconnection Agreement in the following format:
----------------------------------------------------------------
Period:
----------------------------------------------------------------
Category Operation Number of Number of
of calls calls minutes
----------------------------------------------------------------
a GT - GSM ETB peak
----------------------------------------------------------------
b GT -GSM ETB off-peak
----------------------------------------------------------------
c GT -NNIT ETB peak
----------------------------------------------------------------
d GT-NMT ETB off-peak
----------------------------------------------------------------
e GT -GSM XXX
(XXXX.XX.)
----------------------------------------------------------------
x0 XX - XX - XXX ETB peak
----------------------------------------------------------------
b1 GT - ST -NMT ETB off-peak
----------------------------------------------------------------
c1 GT - ST - NMT ETB peak
----------------------------------------------------------------
dl GT - ST - NMT ETB off-peak
----------------------------------------------------------------
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Ammendment No. 7 to the Interconnect Agreement dated December 23, 1999
EuroTel Bratislava. a.s. and Globtel. a.s.
VIII.
Original wording of an Annex VII The list of contacting persons for the
needs of reporting according to the article 21 thereof, clause 3 of the
Annex has been modified and amended as follows:
"3.1 Globtel. a.s.
-------------
Responsible office: Prevadzkove centrum (Operating Xxxxxx),
Xxxxx 00, Xxxxxx Xxxxxxxx
Headed by: Ing.Xxxxxxxxx Xxxxxx
Responsible employee: employee PC
Telephone number: 048/0000000
Mobile telephone number: 0905/012447
Fax number: 048/4153985
3.2 EuroTel Bratislava, a.s.
------------------------
Responsible office Xxxx'adove centrum (Operating Centre),
Xxxxxxxx 0, Xxxxxxxxxx
Headed by: Ing.Xxxxx Xxxxxxx
Responsible employee: employee DC
Telephone number: 02/ 4425 0811
Mobile telephone number: 0901/700 090, 0903/700 090
Fax number: 02/ 4425 2852"
Final provisions
IX.
Parts of the Agreement concluded by and between the Contracting Parties on
23 December 1999, as amended by Amendment Xx. 0, Xxxxxxxxx Xx. 0, Xxxxxxxxx
Xx. 0, Amendment Xx. 0, Xxxxxxxxx Xx. 0, and Amendment No. 6 thereto, which
were not amended by this Amendment No. 7, shall remain in full force and
effect unchanged.
X.
This Amendment No. 7 is executed in four counterparts of which two in
Slovak language and two in English language, provided that in case of
variance, the Slovak version prevails. Each of the copies is deemed
original and each of the Parties shall receive one copy in Slovak and one
copy in English after signing them.
XI.
1. Amendment No. 7 shall become valid and effective as of 1 January 2002
and it shall form an integral part of the Interconnection Agreement
of 23 December 1999 and Amendment No. 1, concluded on 28 January 2000,
Amendment No. 2, concluded on 31 October 2000, Amendment No. 3,
concluded on 28 February 2001, Amendment No. 4, concluded on 01 April
2001, Amendment No. 5, concluded on 23 August 2001, and Amendment No.
6, concluded on 11 October 2001 by and between the Parties.
2. In witness whereof, the Parties have signed this Amendment No. 7 on
their own behalf on the day set below. Each of the Parties hereby
declares and warrants that
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Ammendment No. 7 to the Interconnect Agreement dated December 23, 1999
EuroTel Bratislava. a.s. and Globtel. a.s.
the person who has signed this Amendment No. 7 on its behalf is
fully authorised to do so.
3. An Annex l, "Specimen of Record of Readiness", forms an inseparable
part of this Amendment No. 7 to the Agreement.
On behalf of EuroTel Bratislava, a.s.
Bratislava, on
---------------------
/s/ Ing. Xxxxx Xxxxx
--------------------------------------------
Name: Ing. Xxxxx Xxxxx
Position: CEO/Procurator
/s/ JUDr. Xxx Xxxxxxx
--------------------------------------------
Name: JUDr. Xxx Xxxxxxx
Position: General Legal Counsel/Procurator
On behalf of Globtel, a.s.
In Bratislava, on 14.12.01
/s/ Ing. Xxxxx Xxxxxxxx, CSc.
--------------------------------------------
Name: Ing. Xxxxx Xxxxxxxx, CSc.
Position: Director General
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Ammendment No. 7 to the Interconnect Agreement dated December 23, 1999
EuroTel Bratislava. a.s. and Globtel. a.s.
Annex 1 to Amendment No. 7
--------------------------
to the Interconnection Agreement dated December 23, 1999
Specimen:
Record of Readiness
-------------------
to commercial operation of the point of interconnection with respect to
conclusion of Amendment No. 7 to the Interconnection Agreement
1. Test results of devices measuring operation of new numeric blocks
allocated to Globtel - 187xx, I88xx, and EuroTel - 183xx, 184xx
between networks:
---------------------------------------------------------------------------
Measurements of operation through Result - Compliance
the points of interconnection
---------------------------------------------------------------------------
EuroTel Bratislava, a.s.
---------------------------------------------------------------------------
---------------------------------------------------------------------------
---------------------------------------------------------------------------
---------------------------------------------------------------------------
---------------------------------------------------------------------------
---------------------------------------------------------------------------
Globtel, a.s.
---------------------------------------------------------------------------
---------------------------------------------------------------------------
---------------------------------------------------------------------------
---------------------------------------------------------------------------
---------------------------------------------------------------------------
---------------------------------------------------------------------------
2. The Parties hereby declare in concert that the installed devices are
able to measure operation between the networks of Globtel, a.s. and
Eurotel Bratislava a.s. also in new numeric blocks with required
parameters, provided that all technical requirements of mutual
clearing of operation between the networks in terms of the
Interconnection Agreement are met.
3. Simultaneously, it is stated that all requirements of commercial
open-up of operation of new numeric blocks allocated to Globtel -
187xx, 188xx, and EuroTel - 183xx, 184xx are met, and opening between
networks operated by Globtel and EuroTel may be put into commercial
operation on XX.xxxxx.XXXX(day, month, year)
4. This Record of Readiness is executed in four counterparts of which two
in Slovak language and two in English language, provided that in case
of variance, the Slovak version shall prevail. Each of the copies is
deemed original and each of the Parties shall receive one copy in
Slovak and one copy in English after signing them.
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Ammendment No. 7 to the Interconnect Agreement dated December 23, 1999
EuroTel Bratislava. a.s. and Globtel. a.s.
5, This Record of Readiness constitutes an integral part of Amendment
No. 7 dated on 14 December 2001 to the Interconnection Agreement,
concluded by and between Globtel, a.s. and Eurotel Bratislava, a.s. on
23 December 1999
In Bratislava, on
---------------
EuroTel Bratislava, a.s. Globtel, a.s,
--------------------------------- ----------------------------------
--------------------------------- ----------------------------------
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Ammendment No. 7 to the Interconnect Agreement dated December 23, 1999
EuroTel Bratislava. a.s. and Globtel. a.s.
