SWITCHED RESELLER SERVICES AGREEMENT
This Agreement dated April 10, 1996, is between Phone One, Inc. ("Phone One"), a
Florida corporation with its principal offices at 000 Xxxx Xxxxxxx Xxxxxxxxx,
Xxxxx 0000, Xxxxxxx, Xxxxxxx 00000, and Group Long Distance, Inc.,
("Customer"), a Florida corporation with its principal offices at 0000 X.
Xxxxxxx Xxxxx Xxxx, Xxxxx 000, Xx. Xxxxxxxxxx, Xxxxxxx 00000.
RECITALS
Phone One is in the business of providing long distance telecommunication
services to commercial and reselling the same to commercial and residential
customers; and
The parties desire to enter into a business arrangement whereby Phone One
provides its long distance services to Customer for Customer's resale in
accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the covenants and obligations contained
herein the parties hereto agree as follows:
1. Service Availability.
1.1 Commencing on such dates (after the date first set forth above) as may
be mutually agreed upon by the parties hereto, Phone One shall make certain
telecommunication services (which are defined in Section 2 below and which
collectively are called the "Services") available to Customer and/or customers
of Customer (such customers of Customer hereinafter referred to as "End-Users"),
in those areas where Phone One, in its sole discretion, determines the Services
to be available. Phone One shall provide the Services in accordance with the
terms and conditions of service set forth in the Phone One Federal Tariff and
any applicable state tariffs, which are incorporated herein by reference (the
"Terms"), as the Terms may be modified by this Agreement.
1.2 The Customer understands and agrees that the Services do not include
any billing reports that Phone One makes available to its customer base. Phone
One and ICI agree to allow Customer to sell Private Label Dial Tone. Frame
Relay, Internet and Special Access Services. These services will be covered
under separate agreements and made available as soon as ICI can reasonably do
so.
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2. Service Definitions.
2.1 "Dedicated Services" consist of switched long distance traffic
delivered by Customer to a Phone One Point of Presence ("POP") via dedicated
facilities and terminated by Phone One over the Phone One network. If Customer
elects to subscribe to the Dedicated Services, Customer shall be subject to the
requirements set forth herein, including Section 8.
2.2 "Switched Services" consist of switched long distance traffic
generated by End-Users of Switched Services, are not connected to Phone One or
to Customer's carrier identification code. Customer understands and agrees that
End-Users, whose telephone lines are presubscribed to Phone One, may be
requested to call 0-000-000-0000 to confirm their long distance carrier and that
they will hear a recording identifying Phone One as their long distance carrier.
2.3 "Calling Card Services" consist of calling card traffic, other than
Ancillary Services (defined at Subsection 2.6), generated via calling card
authorization codes assigned by Phone One to Customer that originates and
terminates over the Phone One Network. If Customer elects to subscribe to the
Calling Card Services, Customer shall be subject to the requirements set forth
herein, including Section 6.
2.4 "International Services" consist of International traffic generated
via the Dedicated, Switched or Calling Card Services.
2.5 "Directory Assistance Services" consist of directory assistance
traffic generated via the Dedicated, Switched and International Services.
2.6 "Switched 800 Services" consist of inbound 800 traffic generated via
800 telephone numbers assigned by Phone One to Customer that originates and
terminates over the Phone One network.
2.7 "Dedicated 800 Services" consist of inbound 800 traffic generated via
800 telephone numbers assigned by Phone One to Customer that originates on the
Phone One network and is terminated by Phone One onto an End-User's dedicated
facilities.
2.8 The Switched 800 and Dedicated 800 Services are collectively referred
to as the "Inbound Services". If Customer elects to subscribe to the Inbound
Services, Customer shall be subject to the requirements set forth herein,
including Section 7.
2.9 For purposes of the Agreement, "month" shall equal the Phone One
billing cycle described in Subsection 4.2.A.
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3. Operator Services. Operator Services which are made available to End-Users
by Phone One shall be billed at standard Phone One charges directly by Phone One
either on the xxxx an End-User receives from its local exchange carrier (the
"LEC") or from a Phone One billing agent. Phone One shall not xxxx Customer for
any Operator Services provided to, and calls made by, End-users and any revenues
for such services and calls received by Phone One shall be retained solely by
Phone One. Operator Services are defined to be calls made via 00, 0- or 0+
calling that require the assistance of an operator to complete, such as, but not
limited to, collect calls and xxxx-to-a-third-number calls. Operator Services
specifically exclude operator assisted calling card calls which are deemed to be
part of the Ancillary Services. Phone One reserves the right to revise its rates
for Operator Services at any time.
4. Rates and Call Detail Records.
4.1 Customer shall purchase and pay for Domestic Services at the rates set
forth in the attached Exhibit 2, and International Services as set forth in
Exhibit 3. Exhibits 2 and 3 are made a part hereof.
4.2 Customer shall receive call detail records for usage of the Services
("CDR") on a monthly basis. Within ten business days following the end of the
monthly Phone One billing cycle to which Customer's account has been assigned,
Phone One shall deposit with an overnight delivery service for delivery to
Customer, a magnetic tape containing CDR for the Services in the format set
forth on Exhibit 4.2.A attached hereto and made a part hereof (the "CDR Tape").
Each billing cycle represents "monthly" usage (approximately thirty days of
usage) of the Services. The CDR Tapes will rate the Services at the standard
Phone One rates in effect at the time the Services were provided. Phone One
shall provide the initial COR Tape Set Up at no charge. There will be a $50.00
charge for each CDR Tape delivered to Customer. Customer shall pay a one-time
CDR Tape set-up charge of $500.00 for each change to the CDR Tape Format after
the initial setup.
4.3 Customer acknowledges and agrees that Phone One billing system inputs
and outputs, including without limitation, the CDR and answer supervision, shall
be deemed accurate and shall be binding on Customer. Phone One represents that
the aforesaid billing system inputs and outputs used for the Services will be
substantially the same as those used by Phone One for its other customers
utilizing services similar to those provided to Customer hereunder. Customer
further agrees that, except with respect to the bedicated Services, it shall not
charge End-Users utilizing any of the Services for more minutes of Services
usage than is contained in the CDR provided by Phone One to Customer except
those differences associated with minimum billing units. Phone One acknowledges
that Customers Billing Increments are a minimum 30 seconds and then six second
increments.
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4.4 Phone One reserves the right to change the rates upon sixty days
written notice to Customer. If Customer chooses not to accept the new rates,
this agreement will be null and void, provided the customer has given Phone One
first right of refusal to match any competing bid. Notice from both parties must
be in writing.
5. Order Processing.
5.1 Customer shall not be obligated to subscribe to all of the Services
being made available by Phone One hereunder. At the time Customer requests
subscription to any of the Services, Phone One shall supply Customer with a
Subscription Checklist and information sheet that must be completed by Customer
prior to implementation of the requested Services (the "Subscription
Checklist"). The Subscription Checklist shall require Customer to provide
traffic and volume information deemed necessary by Phone One for it to determine
estimated usage volumes for the selected Services.
5.2 Customer shall utilize Facsimile transmission as the media, by which
it will transmit to Phone One orders for the issuance of Codes and 800 number.
Customer will use a Bulletin Board to turn-up End User ANIs. Phone One and
Customer's operations departments will agree on the Bulletin Board Number and
procedures to follow regarding the transfer of information between Phone One and
Customer.
The Phone One facsimile number and contact person to be used shall be CIS
Department: 000-000-0000. Phone One may change its facsimile number or contact
person upon prior written notice to Customer. If, during any month this option
is in use, the number of Codes, 800 Numbers or ANIs ordered by Customer exceed
400, then upon written notice Phone One may, in its sole discretion, require
Customer to select other transmission options to be provided at time of notice.
Upon receipt of such written notice, Customer shall have thirty days to make
such selection. If Customer fails to timely make such election, Phone One shall
not be obligated to accept any further orders from Customer until such selection
has been made and implemented.
5.3 At the time Customer orders the assignment of an 800 Number, Customer
shall furnish Phone One, via facsimile transmission, with an LOA and a Phone One
Resporg.
5.4 Phone One shall activate use of calling card authorization codes (the
"Codes"), 800 telephone numbers (the "800 Numbers") and End-User telephone
numbers ("ANIs") presubscribed to Phone One in accordance with the following
time frames:
A. For Codes, within five business days of receipt by Phone One of
complete and accurate End-User Information. If the End-User Information
submitted by Customer is not complete and accurate, Phone One shall return the
same to Customer for correction and resubmission.
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B. For 800 Numbers, within fifteen business days of receipt by Phone
One of complete and accurate End-User Information. If the End-User Information
submitted by Customer is not complete and accurate, Phone One shall return the
same to Customer for correction and resubmission.
C. Customer understands and agrees that activation of End-User ANIs
is subject to the End-User Information associated with such ANIs complying with
LEC established criteria. Assuming receipt of End-User Information that complies
with said LEC established criteria, End-User ANIs shall be activated within ten
business days of receipt by Phone One of such End-User Information. If the End-
User Information does not comply with said LEC criteria, Phone One shall attempt
to correct non-complying End-User Information to the extent Phone One is able
based on any additional information that Customer may have submitted to Phone
One with respect to the End-User ("Error Correction"). If Phone One is unable to
perform Error Correction within a reasonable period of time not to exceed ten
business days after receipt of the LEC rejection notice, it shall resubmit the
noncomplying End-User Information to Customer for Customer's correction and
resubmission.
D. If 20% or more of the End-User Information for End-User ANIs
submitted by Customer in any month fails to comply with the aforesaid LEC
criteria1 Phone One shall have the right in its sole discretion to (i) cease
providing Error Correction and require Customer to perform this function, and/or
(ii) require Customer to provide a Phone One training session covering
compliance with LEC criteria to appropriate Customer personnel. Such training
shall be at a location designated by Customer and Customer shall pay Phone One a
training fee of $25.00 per hour for the trainer, plus the trainer's travel and
ancillary expenses.
5.5 In the event the volume of End-User ANIs, Codes or 800 Numbers
requested to be added to the Phone One network by Customer is such that Phone
One determines, in its sole discretion, that a delay in processing such requests
is required, Phone One shall have the right to delay such processing for such
period of time as Phone One deems necessary in its sole discretion. Any such
delays in adding Codes to the network shall not, however, adversely impact
Customer for the purpose of determining whether Customer has met its minimum
usage requirements under Subsection 6.3 and Phone One agrees to adjust the time
frame set forth in said Subsection 6.3 to reflect such delays attributable to
Phone One.
6. Calling Card Requirements.
6.1 Upon~Customer's submission of a fully completed Subscription Checklist
for the Calling Card Services, Phone One shall commence implementing generic
Calling Card Services by End-Users.
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6.2 After the Program has been implemented, upon receipt of Customer's
order and the End-User Information sent via the media pursuant to Subsection 5.2
for the assignment of Codes, Phone One shall assign the Codes to Customer for
issuance to End-Users, subject to the following. Customer shall be responsible
for all costs associated with the design, production and distribution of all
calling cards to be issued to End-Users. Phone One reserves the right in its
reasonable discretion to limit the number of Codes it assigns to Customer.
Customer acknowledges and agrees that once Phone One assigns the Codes to
Customer, the Codes will not be activated and Customer must call Phone One to
activate them. Once activated, Customer further agrees that it shall be
responsible for (i) all charges associated with the usage of the Codes assigned
to Customer hereunder, including without limitation, charges for Call Abuse
(defined at Subsection 9.1), and (ii) all claims by third parties, including End
Users, associated with the Codes assigned to Customer hereunder, including
without limitation, claims regarding Call Abuse, regardless of whether or not
Customer issues such Codes to End-Users.
6.3 During the term of this Agreement, Customer shall not resell the
Calling Card Services, the Ancillary Services or the Codes, or make the same
available, to resellers or aggregators of long distance services, or to other
long distance carriers without prior concurrence from Phone One.
7. 8XX Number Requirements.
7.1 Upon receipt by Phone One of Customer's order and the End-User
Information sent via the media pursuant to Subsection 5.2, for the assignment of
8XX Numbers for use of the Inbound Services, Phone One shall assign the 8XX
Numbers to Customer for issuance to End-Users, subject to the following.
Customer's order shall include the specific End-User ANI to which an 8XX Number
will be translated. Phone One does not guarantee the availability of any
particular 8XX Number requested by Customer. Customer agrees that it shall be
subject to and shall abide by the terms and conditions set forth in the Phone
One 8XX Service Order Form as the same may be modified by Phone One from time to
time in its sole discretion. Customer further agrees that is shall be
responsible for (i) all charges associated with the usage of the 5Xx Numbers
assigned to Customer hereunder, including without limitation, charges for Call
Abuse, and (ii) all claims by third parties, including End-Users, associated
with the 8XX Numbers assigned to Customer hereunder, including without
limitation, claims regarding Call Abuse, regardless of whether or not Customer
issues such 8XX Numbers to End-Users.
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7.2 If usage of an 8XX Number assigned to Customer impacts the Phone One
network in such a manner that the unbillable calls for such 8XX Number in any
month are greater than 5% of the billable calls for such 800 Number in that
month, Customer shall reduce the percentage to less than 5% within thirty days
of written notice from Phone One to do so. If Customer has not made such
reduction during such thirty day period, Phone One may upon written notice, in
its sole discretion commence charging Customer a non-discountable $0.50 for each
unbillable call for each subsequent month in which unbillable calls are greater
than 5% of the billable calls.
8. Dedicated Services Requirements.
8.1 Prior to Phone One being obligated to provide the Dedicated Services,
Customer shall provide Phone One with a three month forecast for its estimated
usage of the Dedicated Services setting forth (i) the traffic distribution by
NPA for call and (ii) the number of minutes of peak traffic for call
termination. Customer shall provide Phone One with a quarterly update of such
forecast. Phone One shall supply Customer with appropriate forecasting forms. At
its discretion, Phone One may accept a Subscription Checklist in lieu of said
forecast.
8.2 Dedicated service will be provided via T-1 access only. The dedicated
pricing is subject to customer utilizing Phone One/ICI access where available.
Phone One/ICI will waive the T-1 installation charges subject to a $4,000
minimum monthly usage commitment and a twelve month term per T-1. If the T-1
fails to xxxx the minimum $4,000, then Phone One will xxxx Customer for the
installation of the T-1.
8.3 Customer shall be responsible, at its sole expense, for all ordering
of, and charges for, dedicated facilities and equipment required to maintain
access, interconnection and interface with Phone One equipment and the Phone One
network. Technical specifications for such interconnection and interface are set
forth in the Terms.
9. Service Blockage and Cancellation.
9.1 Upon Customer's request sent via the media pursuant to Subsection 5.2,
Phone One shall use reasonable efforts to immediately block or cancel the
Services to a specific End-User ANI, Code or 800 Number, but in no event later
than twenty-four hours after receipt of said request. Except in instances of its
willful misconduct, Phone One shall not be liable to Customer or End-Users for
any damages, costs or charges with respect to the failure of Phone One to block
or cancel the Services in accordance with Customer's request. Customer shall be
solely responsible for and shall hold Phone One harmless from any claims by End-
Users and other third parties related to the blocking of, or cancellation of the
Services to, and End-User ANI, Code or 800 Number by Phone One at the request
of Customer.
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9.2 If an 800 Number assigned to Customer is blocked or canceled in
accordance with the terms of this Agreement, then after such blockage or
cancellation, Phone One shall at Customer's expense re-translate such 800 Number
to either, at Customer's option, (i) Customer's customer service telephone
number, or (ii) to a Phone One voice mail box ordered by Customer. Phone One
shall provide Customer with written notice of the re-translation. Custbmer shall
inform Phone One in writing as to which of the above re-translation options
Customer selects. If Customer does not make such selection within ten calendar
days of the date of said written notice from Phone One, Customer shall be deemed
to have selected option (i).
10. Call Abuse Monitoring.
10.1 Phone One monitors its network in an attempt to detect unauthorized
usage ("Call Abuse") of a telephone number, Code or 800 Number ("Standard
Monitoring"). Customer authorizes Phone One to apply Standard Monitoring to End-
User ANIs and to Codes and 800 Numbers assigned to Customer. Customer
understands and agrees that Phone One shall not be obligated to provide any type
of Call Abuse monitoring for the Dedicated Services. If, pursuant to its
Standard Monitoring, Phone One determines that Call Abuse is or may be
occurring, Phone One shall have the right, but not the obligation, to block
usage of the Services from any ANI, Code or 800 Number associated with the
suspected Call Abuse. If Phone One elects to block the Services it shall use
reasonable efforts to immediately notify Customer of such blockage via
facsimile, but in no event later than twenty-four hours after the blockage.
Phone One shall remove a blockage or replace a Code within twenty-four hours of
Customer's written request. In lieu of blocking the Services, Phone One may at
its sole option, contact Customer by facsimile and request Customer to
substantiate authorization for the suspected Call Abuse. With twenty-four hours
from its receipt of the Phone One facsimile, Customer shall inform Phone One by
facsimile as to what action, if any, it wishes Phone One to take regarding such
suspected Call Abuse.
10.2 Except in instances of its willful misconduct, Phone One shall not be
liable to Customer or an End-User for damages, costs or charges, including
charges for Call Abuse, arising from acts or omissions of Phone One in applying
or failing to adhere to its Standard Monitoring practices. Customer shall be
solely responsible for and shall hold Phone One harmless from all expenses,
charges and costs for usage attributable to End-User ANIs, the Codes and 800
Numbers assigned to Customer, including all charges for Call Abuse.
10.3 The Phone One facsimile number and contact person to be used for the
pumoses set forth in this Section 10 shall be 000-000-0000. Attention: CIS
Department. Either party may change its respective facsimile number or contact
person upon prior written notice to the other party.
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11. Additional Customer Obligations.
11.1 Customer hereby represents and warrants that (i) it has been assigned
a Carrier identification Code by BellCore; and/or (ii) that it is certified to
do business and, if required, certified by the proper regulatory agencies to
provide interstate, intrastate and international long distance services to End-
Users in those states where such services are to be provided by Customer.
11.2 Customer shall be responsible for obtaining valid authorization from
end-user for the change in underlying Interexchange Carrier. Customer shall
comply with all Public Service Commission requirements pertaining to such
authorizations and shall agree to indemnify and hold harmless Phone One for any
and all action which might arise from complaint or action by the PSC for an
unauthorized PIC change acceptance of the authorization form is in the sole
discretion of Phone One. Such approval will not be unreasonably withheld.
Customer shall retain the signed authorizations and promptly make the originals
available upon the request of Phone One or an LEC. Customer shall be ultimately
responsible for LEC Primary Interexchange Carrier change charges ("PIC Charges")
that may be imposed on Phone One as a result of Customer's inability or refusal
to provide original End-User LOAs to Phone One or an LEC. My such PIC Charges
shall be billed to Customer periodically on a Customer Invoice. Customer
understands and agrees that if an End-User presubscribed to Phone One is subject
to any PlC Charges that the Phone One name will appear on such End-User's LEC
xxxx as the End-User's long distance carrier.
11.3 Customer shall be responsible for all customer service functions for
the End-Users and shall supply Phone One with a toll-free telephone number to
which Phone One can refer End-Users that call Phone One with customer service
issues. A list of the phone One network recordings that either identify Phone
One as an End-User's carrier or that reference the Phone One customer service
telephone number are set forth in Exhibit 11.3 attached hereto and made a part
hereof. Customer understands and agrees that Phone One shall not be obligated
to change said recordings to identify Customer as the carrier or to reference
Customer's customer service telephone number.
11.4 Customer shall be responsible for and pay all expenses in connection
with its business and its performance of this Agreement. To the extent Customer
makes any statements or representations to third parties (including End-Users)
with regard to Phone One the Services, or the terms of this Agreement, such
statements or representations shall be true, accurate and not misleading and
shall conform to and be consistent with the terms of this Agreement.
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12. Payment Terms and Obligations.
12.1 Customer shall pay Phone One monthly for the Services in accordance
with the following.
12.2 Customer agrees to pay Phone One within sixty calendar days of receipt
of the Mag Tape. In the event Customer fails to fully pay any Customer Invoice
within the applicable sixty calendar day period, Customer shall be in breach
hereunder.
12.3 Customer acknowledges and agrees that time is of the essence with
respect to the payment of Customer Invoices and that it shall have no
opportunity to cure any failure by it to timely and fully pay any Customer
Invoice. Customer further acknowledges and agrees to the following with respect
to termination of this Agreement by Phone One for Customer's non-payment:
A. That Customer shall not seek legal or equitable remedies,
including without limitation, injunctive relief, that would require Phone One to
continue providing the Services to Customer and/or End-Users while the Customer
Invoices remain unpaid.
B. That upon termination of this Agreement, Phone One has the right
to cancel or block the Services to End-Users; that such cancellation or blockage
may have an adverse impact on an End-User's business; and that Customer shall be
solely responsible for all claims asserted by End-Users or other third parties
associated with such blocking or cancellation of the Services by Phone One.
C. That cancellation or blockage of the Services to Customer and/or
End-Users will have a negative impact on Customer's business for which Phone One
shall have no liability.
12.4 This agreement is subject to review and acceptance by the Phone
One/ICI Credit Department.
12.5 At the sole discretion of Phone One, the customer shall be responsible
for payment of, or reimbursement to Phone One (if or when, same applies to Phone
One) of Universal Service Fund and Lifeline Assistance Charges (monthly
presubscribed line charges) as set forth in the National Exchange Carrier
Association (NECA) Tariff FCC #5, sections 8:5.1, 8.5.2 and 17.1.4 (A) & (B), as
the same may be amended from time to time, or any successor tariffs or sections.
Said charges shall be included on Customer Invoices and shall be calculated
based on the number of End-User ANIs presubscribed to Phone One.
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EXHIBIT 1
PHONE ONE, INC and GROUP LONG DISTANCE
April 10, 1996
MONTHLY MINIMUM COMMITMENT
The shortfall of the monthly minimum will be reconciled based on three (3)
months usage. If in any consecutive three (3) months, the total actual usage is
equal to or greater than the three (3) month minimum total, there will be no
minimum usage penalty. If however the actual usage for any consecutive three (3)
months is less than the minimum commitment, the difference will be assessed as a
minimum usage penalty. The following is the monthly minimum usage commitment for
Group Long Distance:
Apr 96 May 96 Jun 96 Jul 96 Aug 96 Sep 96
------ ------ ------ ------ ------ ------
$0 $50K $100K $125K $150K $175K
Oct 96 Nov 96 Dec 96 Jan 97 Feb 97 Mar97
------ ------ ------ ------ ------ -----
$200K $225K $250K $250K $250K $250K
All Phone One and ICI products and services will contribute to obtainment of the
monthly minimum.
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EXHIBIT 2
PHONE ONE, INC
INTERMEDIA COMMUNICATIONS, INC
GROUP LONG DISTANCE, INC.
4/10/96
TYPE TIME SWITCHED DEDICATED
PRICING PRICING
CPM CPM
OUT INTRASTATE ALL $ 0.105 $ 0.065
OUT INTERSTATE ALL $ 0.090 $ 0.052
800 INTRASTATE ALL $ 0.110 $ 0.061
800 INTERSTATE ALL $ 0.110 $ 0.070
DIR. ASSISTANCE Per Call Per Call
INTRASTATE ALL $ 0.390 $ 0.390
INTERSTATE ALL $ 0.450 $ 0.450
TRAVEL CARD CPM
800 ACCESS ALL $ 0.120
WICIC ACCESS
INTRASTATE ALL $ 0.105
INTERSTATE ALL $ 0.090
Validated Account Codes. $5.00 one time set up fee per account and table set up.
If GLD converts a block of accounts at one time, this fee will be waived on that
block of accounts.
800 service may not exceed 20% of the total monthly billing under this
agreement. If 800 service exceeds 20% of the total billing, there will be a 25%
surcharge on the revenue exceeding 20%. ie: account bills $500k, 800 svc = $110K
exceeds 20% by $1OK penalty = $2,500
No stand alone 800 Service.
Page 1
Phone One Inc
April 10, 1996
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COUNTRY CC RC BEST GLD PH-1 GLD-DIF BEST-DIF
--------------------------------------------------------------------------------------------------------------------
Afghanistan 93 5 1.29 1.29 1.0989 14.81% 14.81%
Albania 355 4 0.85 1.2166 0.5328 56.21% 37.32%
Xxxxxxx 000 0 0.6911 0.9282 0.6305 32.07% 8.77%
American Samoa 884 1 0.718 0.8112 0.7804 6.27% -5.90%
Andorra (France) 33 5 0.319 0.4134 0.2331 43.61% 26.93%
Angola 244 3 1.04 1.443 1.0545 26.92% -1.39%
Anguilla (Barbuda) 809 2 0.457 0.702 0.4689 33.21% -2.60%
Antarctica (Xxxxx) 672 1 0.86 1.2636 0.5728 54.67% 33.40%
Antarctica (Xxxxx) 672 1 0.86 1.2636 0.5728 54.67% 33.40%
Antigua 809 2 0.463 0.6708 0.444 33.81% 4.10%
Argentina 54 5 0.539 0.065 0.5372 17.35% 0.33%
Armenia 374 11 1.0046 0.9672 0.7659 20.81% 23.76%
Aruba 297 2 0.432 0.5616 0.4329 22.92% -0.21%
Ascension Isl. 249 3 0.9096 1.4742 0.9546 35.25% -4.95%
Australia 61 6 0.1686 0.35 0.1465 58.14% 13.10%
Austria 43 4 0.3206 0.6318 0.2775 56.08% 13.55%
Azerbaijan 994 11 0.9001 0.9672 0.8636 10.71% 4.06%
Azores 351 6 0.4107 #DIV/0! #DIV/0!
Bahamas 809 7 0.2446 0.3 0.2664 11.20% -8.91%
Bahrain 973 8 0.8146 0.8892 0.7659 13.87% 5.98%
Bangladesh 880 21 0.93 1.09 0.9879 9.37% -6.23%
Barbados 809 2 0.4631 0.824 0.4689 24.86% -1.24%
Belarus 375 11 0.7581 0.85 0.7548 11.20% 0.44%
Belgium 32 4 0.3301 0.48 0.2026 57.80% 38.63%
Belize 501 13 0.815 0.7588 0.641 15.28% 21.35%
Benin 229 3 0.653 0.9048 0.6327 30.07% 3.11%
Bermuda 809 7 0.314 0.5304 0.2888 45.59% 8.09%
Bhutan 975 21 0.612 2.223 1.0434 53.06% -70.49%
Xxxxxxx 000 00 0.588 0.69 0.6429 6.82% -9.34%
Bosnia/Herzogovina 387 11 0.7671 1.1154 0.5062 54.82% 34.02%
Botswana 267 3 0.87 0.8112 0.8936 -10.15% -2.71%
Brazil 55 5 0.4821 0.58 0.4589 19.16% 2.76%
British Virgin Isl. 809 7 0.4631 1.6318 0.444 29.72% 4.12%
Xxxxxx 000 0 0.7386 1.248 0.7326 41.30% 0.81%
Xxxxxxxx 000 00 0.7 0.7644 0.5761 24.64% 17.70%
Burkina Faso 226 3 0.663 0.663 0.7104 -7.15% -7.15%
Burundi 257 3 0.605 2.769 0.7659 72.34% -26.60%
Cambodia 855 12 0.951 1.7238 0.9657 43.98% -1.55%
Cameroon 237 3 0.8431 1.1154 0.888 20.39% -5.33%
Xxxx Xxxxx Xxx. 000 0 0.85 1.3026 0.5062 61.14% 40.45%
Cayman Islands 809 7 0.455 0.5616 0.4163 25.88% 8.52%
Central Africa 236 3 0.421 2.0436 0.8882 66.32% -63.47%
Xxxx Xxxxxxxx 000 00 0.422 2.106 0.9435 55.20% -123.58%
Chile 56 5 0.413 0.51 0.4937 3.19% -19.55%
China 86 12 0.87 1.07 0.8547 20.12% 1.76%
Christmas & Cocos Is 672 1 0.7 1.2636 0.5728 54.87% 18.18%
Columbia 57 10 0.5 0.65 0.4773 26.57% 4.54%
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Page 1
EXHIBIT 3(3)
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COUNTRY CC RC BEST GLD PH-1 GLD-DIF BEST-DIF
--------------------------------------------------------------------------------------------------------------------
Comoros 269 3 0.43 3.3384 0.9546 71.41% -122.00%
Congo Republic 242 3 0.9096 1.0764 0.8991 16.47% 1.15%
Xxxx Island 682 1 1.259 3.2058 1.2099 62.26% 3.90%
Costa Rica 506 13 0.5581 0.57 0.5439 4.58% 2.54%
Croatia 385 11 0.6436 1.1154 0.4884 56.21% 24.11%
Cuba 53 2 0.682 0.88 0.7093 19.40% -4.00%
Cyprus Republic 357 4 0.5333 0.9048 0.4662 48.47% 12.58%
Xxxxxxxxxxxxxx 00 00 0.404 0.73 0.3441 52.86% 14.83%
Xxxxxxx 00 0 0.27 0.45 0.1920 57.33% 28.88%
Xxxxx Xxxxxx 246 21 0.938 1.911 0.8825 53.82% 5.92%
Djibouti 253 3 0.8051 1.5132 0.8214 45.72% -2.02%
Dominica 809 2 0.456 0.663 0.4689 29.28% -2.82%
Xxxxxxxxx Xxxxxxxx 000 0 0.3206 0.47 0.2886 38.60% 9.98%
Ecuador 593 10 0.61 0.62 0.5550 10.48% 9.02%
Egypt 20 11 0.7386 0.71 0.7326 -3.18% 0.81%
El Salvador 503 13 0.5581 0.59 0.6105 -3.47% -9.39%
Equatorial Guinea 240 3 0.528 2.7066 1.0989 59.40% -108.13%
Xxxxxxx 000 00 1.36 1.1232 1.0767 4.14% 20.83%
Xxxxxxx 000 00 0.393 0.89 0.3441 61.34% 12.44%
Ethiopia 251 11 1.085 1.1232 0.9546 15.01% 12.02%
Faeroe Island 298 4 0.5011 0.6474 0.3885 39.99% 22.47%
Xxxxxxxx Xxxxxxx 000 0 0.97 2.3946 0.7921 66.92% 18.34%
Fiji Islands 679 14 1.0426 1.2246 1.0601 13.44% -1.67%
Finland 358 4 0.265 0.468 0.2054 56.12% 22.51%
France 33 4 0.2256 0.3 0.1804 39.88% 20.05%
French Antilles 596 7 0.55 0.5226 0.4689 10.28% 14.75%
French Guiana 594 5 0.7006 1.2558 0.6355 49.40% 9.30%
French Polynesia 689 1 0.5486 1.2324 0.5245 57.44% 4.40%
Gabon 241 3 0.8241 0.858 0.7881 8.15% 4.37%
Gambia 220 3 0.627 0.9438 0.5994 36.49% 4.40%
Xxxxxxx, Xxxxxxxx xx 000 00 1.034 0.9672 0.8325 13.93% 19.49%
Germany 49 4 0.217 0.31 0.1976 36.26% 8.95%
Ghana 233 3 0.7006 0.975 0.6516 33.17% 7.00%
Gibraltar 350 4 0.493 0.8112 0.4440 45.27% 9.94%
Greece 30 4 0.3396 0.6 0.3219 46.35% 5.21%
Greenland 299 4 0.5771 0.7098 0.5961 16.02% -3.29%
Grenada 809 2 0.453 1.0374 0.4107 60.41% 9.34%
Xxxxxxxxxx 000 0 0.413 0.5226 0.4318 17.38% -4.55%
Guam 671 1 0.244 0.6708 0.2720 59.46% -11.45%
Guantanamo 53-99 2 0.737 0.8502 0.6771 20.36% 8.13%
Guatemala 502 13 0.577 0.55 0.5428 1.31% 5.93%
Guinea 224 3 0.885 1.7706 0.7881 55.49% 10.95%
Guinea-Bissau 245 3 1.0236 2.145 1.0534 50.89% -2.91%
Guyana 592 10 0.762 1.3962 0.8325 40.37% -9.25%
Haiti 509 2 0.596 0.546 0.5872 -7.54% 1.48%
Honduras 504 13 0.5771 0.6006 0.5162 14.06% 10.56%
Hong Kong 852 12 0.3016 0.41 0.2942 28.26% 2.47%
Xxxxxxx 00 0 0.389 0.57 0.3108 45.47% 20.10%
Iceland 354 16 0.314 0.7878 0.3630 53.93% -15.60%
India 91 21 0.5961 0.78 0.5495 29.56% 7.83%
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Page 2
EXHIBIT 3(3)
--------------------------------------------------------------------------------------------------------------------
COUNTRY CC RC BEST GLD PH-1 GLD-DIF BEST-DIF
--------------------------------------------------------------------------------------------------------------------
Indonesia 62 12 0.8774 0.74 0.7759 -4.85% 11.53%
Inmarsat-Atl-East 871 7.67 7.67 6.6600 13.17% 13.17%
Inmarsat-Atl-West 874 7.67 7.67 6.1050 20.40% 20.40%
Inmarsat-Indian 873 7.67 7.67 6.1050 20.40% 20.40%
Xxxxxxxx-Xxx 000 7.67 7.67 6.1050 20.40% 20.40%
Iran 98 11 1.0141 1.2168 0.8547 29.76% 15.72%
Iraq 964 11 1.1 1.3338 1.0434 21.77% 5.15%
Ireland 353 4 0.3586 0.45 0.2692 40.18% 24.94%
Israel 972 20 0.6056 0.85 0.5661 33.40% 6.52%
Italy 39 4 0.3301 0.49 0.2942 39.97% 10.89%
Ivory Coast 225 3 1.02 1.4274 0.5661 60.34% 44.50%
Jamaica 809 2 0.472 0.6 0.4052 32.48% 14.16%
Japan 81 6 0.2731 0.36 0.2442 32.17% 10.58%
Jordan 962 20 0.7481 0.8502 0.7215 15.14% 3.56%
Kazakhstan 7 11 1.0200 0.85 0.7493 11.85% 26.54%
Xxxxx 000 00 0.868 1.014 0.8769 13.52% -1.03%
Kiribati 686 1 0.93 1.4118 0.8436 40.25% 9.29%
Korea (North 850 6 0.5296 0.7488 0.5772 22.92% -8.99%
Korea (South) 82 6 0.69 0.69 0.5310 23.04% 23.04%
Xxxxxx 000 00 0.733 0.8892 0.6349 28.60% 13.38%
Xxxxxxxxxx 0 00 0.647 0.9672 0.7315 24.37% -13.06%
Laos 856 12 1.03 2.418 1.0989 54.55% -6.69%
Latvia 371 11 0.598 0.89 0.4329 51.36% 27.61%
Lebanon 961 8 0.84 0.8 0.7175 10.31% 14.58%
Lesotho 266 17 0.8811 1.3104 0.9546 27.15% -8.34%
Liberia 231 3 0.6911 0.5226 0.5439 -4.08% 21.30%
Libya 218 3 0.6911 1.5288 0.6882 54.95% 0.42%
Xxxxxxxxxxxxx 00 0 0.2636 0.4368 0.2609 40.28% 1.04%
Lithuania 370 11 0.6816 1.0452 0.6216 40.53% 8.80%
Luxembourg 352 4 0.3111 0.47 0.2498 46.86% 19.72%
Macao 853 12 0.665 1.287 0.7326 43.08% -10.17%
Macedonia 389 11 0.93 0.93 0.4884 47.48% 47.48%
Madagascar 261 3 1.11 2.5818 1.0989 57.44% 1.00%
Madera 351-91 6 0.4218 #DIV/0! #DIV/0!
Malawi 265 3 0.6056 0.9204 0.6105 33.67% -0.81%
Malaysia 60 12 0.56 0.56 0.4564 18.49% 18.49%
Maldives 960 9 1.32 1.7472 0.8769 49.81% 33.57%
Xxxx Xxxxxxxx 000 0 1.1376 1.833 1.0545 42.47% 7.30%
Malta 356 4 0.7196 1.0452 0.5173 50.51% 28.12%
Mariana Isl (Saipan) 670 1 0.6549 #DIV/0! #DIV/0!
Xxxxxxxx Island 692 1 1.36 1.5912 1.0989 30.94% 19.20%
Mauritania 222 3 0.89 1.2558 0.8916 29.01% -0.17%
Mauritius 230 3 0.89 1.5912 0.8916 43.97% -0.17%
Xxxxxxx Xxx 000 0 0.43 3.3384 0.9990 70.08% -132.33%
Mexico Zone #7 52 15 0.76 0.67 0.4689 30.02% 38.31%
Micronesia 691 1 1.15 1.15 0.9413 18.15% 18.15%
Xxxxxxxx 000 00 0.87 1.0452 0.7548 27.78% 13.24%
Monaco 339 33 4 0.2256 0.4134 0.2054 50.33% 8.98%
Mongolia 976 12 0.79 2.3868 0.4163 82.56% 47.31%
Xxxxxxxxxx 000 0 0.458 0.7254 0.4074 43.84% 11.05%
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Page 3
EXHIBIT 3(3)
--------------------------------------------------------------------------------------------------------------------
COUNTRY CC RC BEST GLD PH-1 GLD-DIF BEST-DIF
--------------------------------------------------------------------------------------------------------------------
Morocco 212 3 0.6056 1.3104 0.5328 59.34% 12.02%
Mozambique 258 3 0.7196 1.6536 0.6660 59.72% 7.45%
Mustique 809 2 0.4385 #DIV/0! #DIV/0!
Myanmar (Burma) 95 21 1.23 1.23 1.0989 10.66% 10.66%
Nakhodka 0.9324 #DIV/0! #DIV/0!
Namibia 264 3 0.8716 1.209 0.7604 37.11% 12.76%
Xxxxx 000 0 1.1 1.3026 1.1322 13.08% -2.93%
Nepal 977 21 1.05 1.1388 1.0989 3.50% -4.66%
Netherlands 31 4 0.2351 0.32 0.2026 36.70% 13.83%
Netherlands Antilles 599 7 0.3681 0.39 0.3330 14.62% 9.54%
Nevis 809 2 0.458 0.819 0.4107 49.85% 10.33%
New Caledonia 687 1 1.131 1.3104 1.0545 19.53% 6.76%
New Zealand 64 1 0.333 1.0452 0.2470 76.37% 25.83%
Xxxxxxxxx 000 00 0.61 0.64 0.4564 28.68% 25.18%
Niger Republic 227 3 0.901 1.3884 0.9202 33.72% -2.13%
Nigeria 234 17 0.68 0.8814 0.6793 22.93% 0.10%
Xxxx Xxxxxx 000 0 1.7 2.7222 1.3764 49.44% 19.04%
Norfolk Island 672 1 0.67 1.2636 0.2700 78.64% 59.71%
Xxxxxx 00 0 0.28 0.3 0.2109 29.70% 24.68%
Oman 968 8 1.014 0.9672 0.9879 -2.14% 2.57%
Pakistan 92 21 0.9 1.01 0.9535 5.60% -5.94%
Xxxxx Xxxxxxxx 000 0 1.466 1.5288 1.2432 18.68% 15.20%
Palm Island 809 2 0.6660 #DIV/0! #DIV/0!
Panama 507 13 0.513 0.5772 0.5650 2.12% -10.13%
Papau New Guinea 675 1 0.675 1.1154 0.6427 42.38% 4.79%
Xxxxxxxx 000 0 0.679 0.79 0.6383 19.21% 6.00%
Xxxx 00 00 0.595 0.62 0.5717 7.80% 3.92%
Phillipines 63 12 0.5771 0.65 0.5495 15.47% 4.79%
Poland 48 19 0.4 0.54 0.3885 28.06% 2.88%
Portugal 351 6 0.3206 0.61 0.3108 49.05% 3.06%
Qatar 974 17 0.9286 1.0998 0.8547 22.29% 7.96%
Reunion Island 262 3 0.9951 1.8564 0.9990 46.19% -0.39%
Romania 40 11 0.537 0.77 0.5495 28.64% -2.32%
Russia 7 11 0.6151 0.85 0.5661 33.40% 7.97%
Rwanda 250 3 1.145 1.7082 0.9646 43.53% 15.76%
Saipan 670 1 0.7576 0.6552 0.5639 13.94% 25.57%
Xxxxxxxx 0 00 0.0000 #XXX/0! #XXX/0!
Xxx Xxxxxx 00 0 0.484 0.5616 0.4329 22.92% 10.56%
Sao Tome 239 3 1.2 1.9266 1.1755 38.99% 2.04%
Saudi Arabia 966 17 0.704 0.76 0.7075 6.91% -0.50%
Senegal 221 3 1.0966 1.0998 1.0101 8.16% 7.89%
Serbia 11 0.6105 #DIV/0! #DIV/0!
Seychelles Islands 248 3 1.3466 1.677 0.9990 40.43% 25.81%
Sierra Leone 232 3 0.88 1.0608 0.9324 12.10% -5.95%
Singapore 65 1 0.24 0.39 0.2109 45.92% 12.13%
Slovakia 427 42 19 0.404 0.73 0.4607 36.90% -14.02%
Xxxxxxxx 000 00 0.77 0.77 0.5162 32.97% 32.97%
Xxxxxxx Xxxxxxx 000 0 0.91 1.56 0.9213 40.94% -1.24%
Somalia 252 11 1.15 1.15 1.0989 4.44% 4.44%
South Africa 27 3 0.495 0.663 0.4773 28.01% 3.58%
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Page 4
EXHIBIT 3(3)
--------------------------------------------------------------------------------------------------------------------
COUNTRY CC RC BEST GLD PH-1 GLD-DIF BEST-DIF
--------------------------------------------------------------------------------------------------------------------
Spain 34 4 0.3111 0.59 0.2875 51.27% 7.59%
Xxx Xxxxx 00 00 0.8241 1.2324 0.8436 31.55% -2.37%
St. Xxxxxxxxxxx 809 2 0.5328 #DIV/0! #DIV/0!
St. Helena 290 3 0.59 2.1606 0.4689 78.30% 20.53%
Xx. Xxxxx 000 0 0.4624 0.7254 0.4096 43.54% 11.34%
Xx. Xxxxx 000 0 0.453 0.7488 0.4329 42.19% 4.44%
Xx. Xxxxxx 000 0 0.2731 0.663 0.3275 50.61% -19.90%
St. Xxxxxxx 809 2 0.453 0.7488 0.4096 45.30% 9.58%
Sudan 249 11 0.6 0.6 0.3104 48.27% 48.27%
Suriname 597 5 0.8526 1.1622 0.8045 30.78% 5.64%
Swaziland 268 3 0.5296 1.482 0.5772 61.05% -8.99%
Sweden 46 4 0.1615 0.28 0.1271 54.61% 21.30%
Xxxxxxxxxxx 00 0 0.2636 0.32 0.2103 34.27% 20.20%
Syria 963 11 1.035 1.3884 1.0989 20.85% -6.17%
Taiwan 886 1 0.3871 0.46 0.3941 14.34% -1.80%
Tajikistan 7 11 0.647 0.9672 0.6527 32.52% -0.88%
Xxxxxxxx 000 00 0.8241 1.0296 0.8258 19.79% -0.21%
Thailand 66 12 0.822 0.67 0.7437 -11.00% 9.53%
Togo 228 3 0.844 1.248 0.8769 29.74% -3.90%
Tonga 676 14 0.8 1.2324 0.8325 32.45% -4.06%
Trinidad/Tobago 809 2 0.472 0.585 0.4689 19.85% 0.66%
Xxxxxxx 000 0 0.691 0.75 0.6572 12.37% 4.89%
Turkey 90 4 0.5201 0.67 0.4684 30.09% 9.94%
Turkmenistam 7 11 O.647 0.9672 0.7326 24.26% -13.23%
Xxxxx/Xxxxxx 000 0 0.458 0.7254 0.4440 38.79% 3.06%
Tuvalu 688 1 0.91 3.12 1.0545 66.20% -15.88%
Uganda 256 11 0.8336 0.8112 0.8325 -2.63% 0.13%
Ukraine 380 11 0.7101 0.85 0.7104 16.42% -0.04%
Xxxxx Xxxxxx 000 0 0.0000 #XXX/0! #XXX/0!
Xxxxxx Xxxxxxx 44 4 0.1306 0.24 0.1066 55.60% 18.41%
Uruguay 598 10 0.65 0.77 0.6993 9.18% -7.58%
Uzbekistan 7 11 0.647 0.9672 0.8667 10.39% -33.95%
U. A. Emirates 971 8 0.679 0.66 0.6094 7.67% 10.25%
Xxxxxxx 000 0 1.15 3.2292 0.8325 74.22% 27.61%
Vatican City 396 39 4 0.3301 0.5616 0.3219 42.68% 2.48%
Xxxxxxxxx 00 0 0.3681 0.468 0.3219 31.22% 12.55%
Vietnam 84 12 1.0521 1 1.0545 -5.45% -0.23%
Wallis & Fortuna 681 1 0.41 2.6988 0.3885 85.60% 5.24%
Western Somoa 685 1 0.8716 0.8424 0.8456 -0.38% 2.98%
Xxxxx Xxxx Xxxxxxxx 000 0 0.7861 0.897 0.8369 6.70% -6.47%
Yugoslavia 381 11 0.6721 1.1154 0.5761 48.35% 14.29%
Zaire 243 3 0.71 1.3416 0.6882 48.70% 3.07%
Zambia 260 3 0.613 0.9984 0.8325 16.62% -35.81%
Xxxxxxx 000 0 0.5771 0.9048 0.5550 38.66% 3.83%
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Page 5
