EXHIBIT 4.2
NO: MTNL/RA/ILD/2003
DATED 27.05.2003
INTERCONNECT AGREEMENT
INTERCONNECT AGREEMENT
This agreement is made on this 27TH DAY OF MAY 2003 to be effective from
1.5.2003 Between MAHANAGAR TELEPHONE XXXXX LIMITED having its registered office
at Jeevan Bharti Building, Tower No.1, 12th Floor, 000 Xxxxxxxxx Xxxxxx, Xxx
Xxxxx- 000000 (hereinafter called "MTNL") of the ONE PART and M/s VIDESH XXXXXXX
XXXXX LIMITED a company registered under the Companies Xxx 0000 and having its
registered office at Videsh Sanchar Bhavan, M.G. Road, Mumbai - 400 001 and
Corporate Office at Lokmanya Videsh Sanchar Bhavan, Xxxxxxxxx Xxxxx Marg,
Prabhadevi, Mumbai 400 028 (hereinafter called ILDO which expression shall
unless repugnant to the context, include its successors in business, legal
representatives and administrators or permitted assigns) of the OTHER PART.
WHEREAS VSNL holds an International Long Distance license to provide
international long distance services under Section 4 (1) of the Indian Xxxxxxxxx
Xxx, 0000 to provide INTERNATIONAL LONG DISTANCE SERVICE on the terms and
conditions specified in such Licenses.
IT IS AGREED AS FOLLOWS:
1. Each party, i.e. MTNL as well as the ILDO, does hereby agree
to:
(a) Interconnect its Network to the Network facilities of
the other party; and
(b) Make available to the other party the services,
facilities and information as specified in this
interconnect Agreement.
(c) Provide the other interconnected party with
interconnection traffic carriage and fault detection
of a technical and operational quality that is
equivalent to that which each party provides to
itself.
2. The ILDO shall ensure that its interconnect facilities
delivered at each point of interconnection (POI) conform to
the applicable quality of services (QOS) standards as
prescribed by Licensor/TRAI from time to time and technical
specifications for interconnection by the relevant delivery
date determined pursuant to the provisions of this Agreement.
3. ILDO shall be responsible to provide, install, test, make
operational and maintain all interconnection facilities on its
side of point of interconnection (POI) unless otherwise
mutually agreed.
4. ILDO shall comply with all security and safety practices and
procedures notified from time to time by the LICENSOR or any
other competent Authority authorized by law.
5. Notwithstanding anything contained hereinafter, it is further
agreed and declared that both the parties reserve the right to
modify at any time the terms and conditions of the
Interconnect Agreement, in case of receipt of a direction from
the LICENSOR or any other regulatory/competent authority.
Any of the terms of this agreement may be reviewed at the
request of either party.
6. This agreement is intended to apply only to the provision of
Services by one party to another party and to related matters
concerning the parties and may not be construed as conferring
benefits on the third persons.
7. The parties acknowledge that this agreement is intended to
apply to the provisions related to ILD (international long
distance) services only between the MTNL as a provider of
various telecommunication services and ILDO as a provider of
International Long Distance service and not as a provider of
any other service.
8. (a) The parties agree that billing of subscribers who
select ILDO as their international long distance carriers by
choosing the assigned carrier access code of ILDO shall be the
sole responsibility of the ILDO.
(b) MTNL shall supply on demand from ILDO subscriber
related directory information such as name, address, change of
address on a computer floppy / CD on monthly basis on payment
of charges to MTNL by ILDO which shall be mutually discussed
and agreed at the time of implementation of CAC/CIC.
(c) The parties acknowledge and agree that for the
purpose of billing of subscribers by ILDO when CAC / CIC is
introduced there shall be issues arising in respect of
disconnection of subscribers by the access providers due to
non payment of dues of one or more ILDOs. To protect the
interests of all the parties concerned, it is agreed that the
parties shall refer the matter to licensor/regulator to issue
necessary guidelines/regulations in this regard, so that these
are applied uniformly to all operators.
(d) If the calls are dialed without CAC/CIC and MTNL
decides to handover such calls to the ILDO for further
carriage and termination in the distant country, MTNL shall do
the subscriber billing and collect payments from its
subscribers.
9. The parties acknowledge that substantial costs will have to be
incurred by MTNL for Implementation of CAC/CIC based carrier
selection for providing choice to the subscribers for availing
the services from ILDO. Parties agree that such costs will
have to be shared among the ILDO's. The basis of such sharing
mechanism may have to be decided by the licensor/regulator for
which the parties agree to make a reference to the
licensor/regulator for issuing the guidelines. It is further
agreed that the MTNL shall be able to take up the work of up
gradation for Implementation of CAC/CIC on receipt of the
required amount for such upgradation.
10. In case any of MTNL's resources and other support facilities
are availed by the ILDO, MTNL will be free to charge from the
ILDO for use of such resources
11. The parties further acknowledge that the parties will mutually
discuss to arrive at solutions to the issues arising out of
any change in the terms and conditions of the license of
either party or any change in the interconnection regulation
at any point of time requiring changes in the interconnection
arrangements in this agreement.
12. Each Party agrees that the other is treated no less favorably
than any other with regard to commercial, interconnectivity
and other aspects of the Interconnect Agreement.
13. The Articles from 1 to 9 (one to nine) along with the
connected Annexures (1 to 5 and Schedule I) as given below,
specifically lay the terms and conditions as per the
respective titles and these terms and conditions shall govern
the mutual relations of the parties and they shall form a part
and parcel of this agreement.
14. MTNL and ILDO shall try to maximize traffic flow to each other
(within the constraints of Government directions) and ILDO
shall handover all the traffic meant for MTNL's subscribers
directly through the designated gateway TAXs/Tandem's/Local
Exchanges of MTNL only.
15. MTNL and ILDO shall exchange only `Toll Quality Voice
Telephony' traffic at the Points of Interconnection.
16. In case of any difference of interpretation between contents
of the main body of the agreement and the Schedule /
Annexures, the contents of the main body shall prevail.
17. Interconnection and revenue sharing arrangement for all other
services being currently provided by ILDO and extended by MTNL
to its subscribers, shall be separately discussed to arrive at
mutually
agreeable arrangement within 8 weeks of signing of this
agreement, till then the existing arrangements shall continue.
18. The revenue sharing as per schedule-I will, however, be
effective from May 1, 2003
19. Point deleted.
INDEX
PAGES
ARTICLE SUBJECT / TITLE FROM TO
-----------------------------------------------------------------
1. Definitions 7 - 12
2. Technical issues pertaining 13 - 19
to interconnection
3. Interconnect Capacity 20 - 24
4. Testing and commissioning 25 - 26
of Interconnect circuits
5. Interconnect Performances 27 - 28
standards
6. Interconnection charges 29 - 31
7. Interconnect Billing System 32 - 36
8. Disputes (other than billing
Disputes) and arbitration 37 - 37
9. Liability, Indemnity and
Intellectual Property Rights 38 - 38
Annexure - 1 39 - 39
Annexure - 2 40 - 40
Annexure - 3 41 - 41
Annexure - 4 42 - 42
Annexure - 5 43 - 44
Schedule I 46 - 48
Annexure I 49 - 49
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed through their respective authorized representatives on the day and year
first above written.
Signed and Delivered for and on behalf of MTNL.
By Shri S. C. Ahuja
Company Secretary
Mahanagar Telephone Xxxxx Limited,
Signed & Delivered on Behalf of M/s. Videsh Xxxxxxx Xxxxx Limited
By Shri Xxxxxx Xxxxxx
Executive Director (Legal)
& Company Secretary,
Videsh Xxxxxxx Xxxxx Limited.
in the presence of:
Witnesses
1. _____________________
2. _____________________
ARTICLE - 1
1. DEFINITIONS
In this Agreement, words and expressions will have the following meanings as are
respectively assigned to them unless the contrary intention appears from the
context:
1.1 "APPLICABLE SYSTEMS": means all the necessary equipment, systems /
sub systems and components of the network
engineered to meet relevant ITU standards,
ITU - T, ITU - R recommendations, TEC
Specifications and Industry standards for
provision of service in accordance with
operational, technical and quality
requirements and other terms and conditions
of the License Agreement.
1.2 "XXXX ISSUE DATE": means the 10th of every Calendar month.
1.3 "BILLING PERIOD": means the period of one Calendar month
commencing on the first day of every month.
1.4 "BILLING INFORMATION": means the Information, as specified in
Article 6 & 7, necessary to ascertain the
charges payable by either party under
agreement.
1.5 "BSNL": means Bharat Xxxxxxx Xxxxx Limited.
1.5A "BSO": means Basic Service Operator.
1.6 "CLI or "CALLING LINE
INDENTIFICATION": means the information generated by the
Network capability which identifies and
forwards the calling number through the
interconnected MTNL's / ILDO's Network.
1.7 "CONNECTABLE SYSTEM": means a telecommunication system, which is
authorized to be run under a license, which
authorizes connection of that system to the
Applicable system.
1.8 "DoT" means Department of Telecommunications and/or
its successors.
1.9 "DIRECT EXCHANGE LINE": means a telephone connection between the
subscriber's terminal equipment and the
terminal exchange.
1.10 "FUNDAMENTAL PLAN": means Numbering Plan, Traffic Routing and
Switching Plan and transmission Plan issued
by Department of Telecom and as may be
amended from time to time.
1.11 "INFRASTRUCTURE
PROVIDER (S)": means a person or persons providing inactive
elements of the telecom network including
dark fibers, right of way, duct space,
towers, etc. as well as those who provide
end to end bandwidth to other service
providers.
1.12 "INSTALLED CAPACITY": means the total number of lines for which
switching equipment is available in the
exchange for connection of subscribers.
1.13 "INTERNATIONAL
SERVICE": means the telecom services originating in
the country and terminating outside the
country and vice versa.
1.13A "INTERNATIONAL
GATEWAY SWITCH": means Point of Presence of the ILDO as
approved by the Licensor.
1.14 "INTERNATIONAL LONG
DISTANCE SERVICE (ILD SERVICE)
- SCOPE OF ILD SERVICE IS AS
FOLLOWS: The ILD Service is basically a network
carriage service (also called Bearer)
providing International connectivity to the
Network operated by foreign carriers. The
ILD service provider is permitted full
flexibility to offer all types of bearer
services from an integrated platform. ILD
service providers will provide bearer
services so that end-to-end tele-services
such as voice, data, fax, video and
multi-media etc. can be provided by Access
Providers to the customers. Except " Global
Mobile Personal Communication Service
(GMPCS) including through INMARSAT" for
which a separate license is required. ILD
service providers would be permitted to
offer international bandwidth on lease to
other operators. ILD service provider shall
not access the subscribers directly which
should be through NLD service provider or
Access Provider. Resellers are not
permitted.
1.15 "INTER CIRCLE TRAFFIC": means the long distance traffic originated
in one telecom circle and terminating in
another telecom circle.
1.16 "INTRA CIRCLE TRAFFIC": means the long distance traffic originating
and terminating within boundaries of the
licensed Service Area.
1.17 "LOCAL AREA": means the geographical area served by an
exchange or an exchange system and which is
co-terminus with Short Distance Area (SDCA)
or where the telegraph authority has
declared any area served by an exchange
system to be the local area for the purpose
of telephone connections. All exchanges
within the local area being treated as multi
exchange system.
1.18 "LOCAL CALLS": "Local calls" are calls which originate from
subscribers of a service provider's
network/exchange system in a SDCA and
terminate either (i) within the same SDCA or
(ii) in the contiguous telephone exchange
system of the adjacent SDCA, provided these
are delivered/handed over to another service
provider's network in the destination SDCA
only.
1.19 "LONG DISTANCE CALL": means a call terminating in a Local Area
other than in which it originated.
1.20 "LONG DISTANCE
CHARGING AREA (LDCA)": means one of the several areas into which
the country is divided and declared as such
for the purpose of charging for trunk calls
which generally is co -terminus with
Secondary Switching Area (SSA).
1.21 "LONG DISTANCE
CHARGING CENTRE (LDCC)": means a particular Trunk Exchange in a Long
Distance Charging Area declared as such for
the purpose of charging Long Distance calls.
Headquarters of SSAs are generally LDCCs.
1.21A MTNL: means Mahanagar Telephone Xxxxx Limited
1.22 "LICENSOR" shall refer to President of India acting
through any authorized person, who grants
License under Section 4 of Indian Xxxxxxxxx
Xxx 0000 and Indian Wireless Xxxxxxxxxx Xxx
0000, unless otherwise specified.
1.23 "MESSAGE": means anything covered within sub-section
(3) of section 3 of the Indian Xxxxxxxxx Xxx
0000.
1.24 "NATIONAL LONG
DISTANCE (NLD) SERVICE": means carriage of switched bearer
telecommunication service over long distance.
1.25 "NATIONAL LONG
DISTANCE SERVICE
OPERATOR (NLDO)": means the telecom operator providing the
required digital capacity to carry long
distance telecommunication service within the
scope of the License for National Long
Distance Service, which may include various
types of tele services defined by ITU, such
as voice, data, fax, text, video, and multi
media etc.
1.26 "OTHER SERVICE
PROVIDERS": means the operators who offer service for
applications like tele - banking, tele -
medicine, tele - education, tele - trading,
E - Commerce etc. by using infrastructure
provided by various access providers. These
other service providers (OSPs) do not
infringe on the jurisdiction of access
providers and do not provide switched
telephony.
1.27 "PAY BY DATE" means the 15th day from the date of issue of
xxxx.
1.28 "PHONOGRAM" means a telegraphic message sent to or
received from a telegraph office by a
subscriber over telephone.
1.29 "POINT OF PRESENCE
(POP)" IN RESPECT OF BSO: means setting up of switching center and
transmission center of appropriate capacity
by Basic Telephone Service provider at the
SDCA level to provide, on demand, service of
prescribed quality and grade of service in a
non-discriminatory manner.
1.29A "POINT OF PRESENCE
(POP)" IN RESPECT OF NLDO: means setting up of switching center and
transmission center of appropriate capacity
by national Long Distance Service provider
at the LDCC level to provide, on demand,
service of prescribed quality and grade of
service in a non-discriminatory manner or as
approved by the Licensor from time-to-time.
1.29B "POINT OF PRESENCE
(POP)" IN RESPECT OF ILDO: means setting up of switching center and
transmission center of appropriate capacity
by the ILDO to provide on demand, service of
prescribed quality and grade of service in a
non-discriminatory manner.
1.30 "PSTN" means Public Switched Telephone Network.
1.31 "RADIO TRANSRECEIVER": means the Radio Transmitter and Receiver at
base stations.
1.32 "REGULATIONS": means the regulations issued by TRAI under
TRAI Act, 1997 as amended from time to time.
1.33 "SERVICE AREA" means the specified territorial telecom
circle bounded by geographical limits within
which the ILDO is licensed to operate and
offer the Service.
1.34 "SERVICE PROVIDERS" means telecom service provider licensed
under Section 4 of the Indian Xxxxxxxxx Xxx
0000 for provisions of service.
1.35 "SHORT DISTANCE
CHARGING AREA (SDCA)": means one of the several areas into which a
Long Distance Charging Area is divided and
declared as such for the purpose of charging
for trunk calls and within which the local
call charges and local numbering scheme is
applicable. SDCAs, with a few exceptions,
coincide with revenue tehsil / taluk.
1.36 "SHORT DISTANCE
CHARGING CENTRE (SDCC)": means a particular Exchange in a Short
Distance Charging Area declared as such for
the purpose of charging trunk calls.
Headquarters of SDCAs are generally SDCCs.
1.37 "TDSAT": means Telecom Disputes Settlement and
Appellate Tribunal.
1.38 "TEC": means Telecom Engineering Center.
1.39 "TRAI" means Telecom Regulatory Authority of India
1.40 "VSNL" means Videsh Xxxxxxx Xxxxx Limited.
1.41 The following abbreviations shall bear the full expression as mentioned
below:
ACM ADDRESS COMPLETE MESSAGE
ANM ANSWER MESSAGE
BHCA BUSY HOUR CALL ATTEMPTS
CAS CHANNEL ASSOCIATED SIGNALING
CCS7 COMMON CHANNEL SIGNALING NO.7
CON CONNECT MESSAGE
CG CALL PROGRESS MESSAGE
CRG CHARGING MESSAGE
DPC DESTINATION POINT CODE
ISD INTERNATIONAL SUBSCRIBER DIALING
I/C INCOMING
LDCA LONG DISTANCE CHARGING AREA
NW NETWORK
O/G OUTGOING
OPC ORIGINATION POINT CODE
SDCA SHORT DISTANCE CHARGING AREA
SDCC SHORT DISTANCE CHARGING CENTRE
SPC SIGNALING POINT CODE
SDH SYNCHRONOUS DIGITAL HIERARCHY
STD SUBSCRIBER TRUNK DIALING
TEC TELECOMMUNICATION ENGINEERING CENTRE
TAX TRUNK AUTOMATIC EXCHANGE
TS TIME SLOT
ARTICLE-2
TECHNICAL ISSUES PERTAINING TO INTERCONNECTION:
2.1 INTERCONNECTIVITY
2.1.1 Both MTNL and the ILDO, shall :
a. Interconnect their respective Networks to the Network
facilities of the other ; and
b. make available to each other the services, facilities and
information as specified in this Interconnect Agreement.
c. Provide the other interconnected party with
interconnection traffic carriage and fault detection of a
technical and operational quality that is equivalent to
that which each party provides to itself.
2.1.2 ILDO may develop its own independent network, with its
own transmission links within its service area for
interconnecting with various NLDOs/ APs.
2.1.2.1 ILDO's network shall have interconnectivity with MTNL's
network at the Level-I TAX/Tandems/local exchanges
located at the location of approved International Gateway
Switch of the ILDO. This interconnectivity shall be for
following types of calls:
(a) Incoming calls to India, which are originated by the
subscribers of public networks in other countries,
dialed as per ITU approved numbering plan and are
meant for terminating in the networks of licensed
telecom service providers in India.
(b) Outgoing calls originated by the subscribers of
licensed service providers in India, which are
dialed as per the national numbering plan i.e. 00 +
country code + Area code + subscriber number, and
handed over by MTNL to ILDO for further carriage and
termination in the country of destination.
2.1.2.2 This connectivity shall not be used for handing over the
calls originated in India for termination on subscribers
of INMARSAT, GMPCS or other similar services as the
tariff and revenue share arrangement are different.
2.1.2.3 For calls other than those mentioned in clause 2.1.2.1
above, the arrangement shall be discussed separately to
arrive at a mutual agreement.
2.1.3 ILDO's network shall have interconnectivity with MTNL's
network equivalent level at a tandem exchange for
incoming ILD calls terminating in MTNL's network..
However, if traffic requirement so necessitates, or if
connectivity at tandem level is technically non feasible,
ILDO shall seek interconnection at local exchange also.
For out going calls from the network of MTNL, ILDO shall
have connectivity at all level-1 TAXs at Delhi & Mumbai.
2.1.4 ILDO shall be responsible for providing the required
transmission links from/to its network to/from MTNL's
network at interface points under Clause 2.1.3, at
local/tandem/ TAX levels, initially as well as for
augmentation from time to time. These links would include
passive transmission links as well as active end
equipments.
2.1.5 ILDO shall not, under this agreement, directly or
otherwise, extend any type of service to MTNL subscribers
other than what is provided in the agreement through the
access provided by MTNL & vice versa unless otherwise
mutually agreed.
2.1.5.1 ILDO shall deliver incoming traffic for termination in
MTNL's Network only via the POIs with MTNL and shall not
deliver such traffic through any other service provider
or through any other means unless mutually agreed or
permitted by the regulation.
2.1.6 Unless otherwise expressly agreed between the parties the
scope of this interconnect agreement is limited only to
such traffic that originates or terminates in the network
of MTNL.
2.1.7 The ILDO shall ensure that its interconnect facilities
delivered at each point of interconnection (POI) conform
to the applicable quality of service (QOS) standards and
technical specifications for interconnection by the
relevant delivery date determined pursuant to the
provisions of this agreement. Both the parties shall
exchange only toll quality voice telephony services at
the point of interconnection.
2.1.8 ILDO shall be responsible to provide, install, test, make
operational and maintain all interconnection facilities
on its side of point of interconnection (POI) unless
otherwise mutually agreed.
2.1.9 ILDO shall not transit the traffic originated from
network of any other service provider or operator through
MTNL unless mutually agreed.
2.1.10 Switching system to be used by ILDO shall be interface
approved against the relevant latest TEC specification.
2.1.11 Any facility obtained by ILDO from MTNL shall not be
resold or leased in any manner to a third party.
2.1.12 No by pass of traffic shall be resorted to by any party
by delivering the traffic at any point other than as
permitted or agreed to under this agreement. In case
unauthorized diversion in routing comes to notice, the
other party shall be free to disconnect the POI in that
area, after intimating other party two weeks in advance.
Moreover, the resources shall be used for the purpose for
which these have been earmarked and no other service
shall be offered by utilizing such resources without
agreement of other party.
2.1.13 Irrespective of who owns a transmission system of the
link interconnecting one party's exchange to the exchange
of the other party, each party subject to availability
and feasibility may provide accommodation for the
terminals of such equipment of the other party located in
its premises. Each party may permit mounting of antennae
for interconnect link owned by the other party on its
transmission towers subject to feasibility. Rental for
use of such space and mounting shall be determined by the
provider of such facility. Arrangements for installation,
operation and maintenance of such equipment will be
arrived at by mutual agreement. MTNL will provide the
services for maintenance & operation of interconnect end
link equipment at its end on chargeable basis on mutually
agreed terms & conditions.
2.2 INTERCONNECTIVITY FOR INTRA SDCA
2.2.1 Wherever the originating/terminating traffic to and from
TAX/ tandem exchange of MTNL justifies more PCMs, ILDO
will seek for augmentation in the POI from MTNL.
2.2.2 Wherever the originating and terminating traffic to and
from a gateway switch of ILDO justifies more than 8 PCMs
for a particular local exchange of MTNL, the ILDO shall
seek direct interconnectivity with that exchange from
MTNL.
2.3 CALLS FROM MTNL NETWORK/SUBSCRIBER TO ILDO'S NETWORK AND
VISE VERSA.
2.3.1 Calls from MTNL's subscriber or MTNL's network to ILDO's
network will be routed in the MTNL network up to the
farthest point i.e. up to MTNL's designated TAXs with
which ILDO has established its POI for further carriage
by ILDO through its approved international gateway
switch. ILDO shall accept outgoing ISD call for all the
countries at each of such POIs. Similarly the ILDO will
deliver the incoming international calls for various
directions at the designated tandems/local exchange with
which ILDO has established its POI. Routing details for
incoming calls to different POIs will be finalized by
MTNL & given to the ILDO for implementation in its
switch.
2.3.2 Transit calls which ILDO desires to transit through MTNL
and meant for termination in network of any other service
provider will be allowed as per terms and conditions
given in Schedule-1 subject to agreement for the same
between the three parties i.e. ILDO, MTNL and terminating
service provider to be recorded in writing.
2.4 INTER-CONNECT LINK ARCHITECTURE
2.4.1 TRANSMISSION MEDIA
2.4.1 (a) All transmission systems shall be of the digital
type and shall, in case they are asynchronous, follow or
be inherently compatible with 2/8/34/140 Mb/sec.
hierarchy as per ITU-T G 703 Recommendation. Further, SDH
systems as per ITU-T G.708 recommendation will also be
permitted.
2.4.1 (b) Use of DXX (Digital Cross Connect) or equipment
with similar functionality is not permitted on links
connected with MTNL. Provided, however, that it shall not
preclude use of SDH equipment on point to point basis
between VSNL ILD Gateway and interconnecting SDCC
exchange of MTNL. If bandwidth compression techniques,
which reduce the bit rate of a voice channel less than 64
Kb/Sec., are used, in the network of ILDO it shall
provide conversion equipment for 64 Kb/sec. at the
interface points with MTNL's switching and transmission
systems. It is however, agreed that no bandwidth
compression techniques shall be used on Interconnection
transmission links between ILDO's network and MTNL's
network unless mutually agreed.
2.5 NETWORK INTERFACE
The inter-working between MTNL network and ILDO's network
shall be at 2 Mb/sec. PCM following relevant latest TEC
specification. No analogue connectivity shall be
permitted.
2.5.1 SIGNALING
2.5.2 (a) In all cases where MTNL exchange supports CCS7,
the signaling with the ILDO's exchange shall be CCS7 (in
compliance with National CCS7 & TEC specifications for
local/tandem working as modified from time to time. For
CCS7 calls, if the charge indicator parameter in
ACM/ANM/CPG/CON is received as "NO CHARGE", MTNL and ILDO
reserve the right to reject the call.
2.5.3 (b) For CCS7 inter-working, the coding of Originating
Point Code (OPC) and Destination Point Code (DPC) and
Signaling Link Selection (SLS) shall be based on national
CCS plan as revised from time to time.
2.5.4. (c) TS '0' shall be used for synchronization and TS
`16' shall be used for the purpose of signaling.
(d) Unused bits in TS '0' of the frame, not used for
frame alignment, shall be set to 1. Similarly, unused
bits in TS '16' of the frame 0, which is used for
multi-frame alignment work, shall be set to 1.
2.5.3 (e) Basic error correction (layer 2) method shall be
used.
2.5.3. (f) MTNL's signaling network shall be used only for
such calls for which voice path is being established
through MTNL's network. Messages on CCS7 links shall
remain limited to mandatory messages, which relate to
call set up and release.
2.6 TRAFFIC
The traffic on the junction between the MTNL Exchange and
the ILDO Exchange shall be taken as per Clause 1.2.3.2 of
Volume I Section A Chapter 1 of G/LLT-01/03 Sept.95 as
amended from time to time.
2.7 SYNCHRONISATION
ILDO shall be responsible for synchronizing his Exchange
with MTNL's Exchange. The Synchronization arrangement and
equipment of the ILDO's Exchange shall comply with Clause
4 of TEC specification No.G/PNI-03/01 Sept.95 as modified
from time to time. Information regarding priority of
different input clocks shall be given by MTNL to the
ILDO.
2.8 TESTING OF JUNCTIONS
ILDO's Exchange shall provide the facility of junction
testing as per Clause 10.3 of volume II, Section C
Chapter 10 of G/LLT-01/03 Sept.95 as modified from time
to time .
2.9 ALLOCATION OF PERFORMANCE PARAMETERS
2.9.1 CCS 7 performance parameters shall conform to the
National CCS7 Plan R/NSP-01/01 Sep. 94.
2.9.2 All transmission, parameters apportioned for the network
operator portion of the call shall comply with National
Transmission Plan. Parameters not specified in
Transmission Plan shall comply with ITU recommendations.
2.10 NETWORK INTERCONNECTIVITY
2.10.1 DIVERSITY
2.10.1 (a) Analogue routing shall not be permitted.
2.10.1 (b) All traffic routes to the extent possible shall
be supported by at least two CCS7 links. Each link shall
be provided in a separate 2048 Kb/sec. System
2.10.1 (c) Provision of number of interconnect links in a
particular direction shall be dimensioned for a grade of
service as specified by MTNL or TEC from time to time.
However, any additional interconnect links required by
the LICENSEE can be provided by MTNL, subject to
technical feasibility. All the interconnect links shall
be provided as per the rates prescribed in Chapter 6
subject to change from time to time.
2.10.2 CIRCUIT SELECTION
In the event that both way working is agreed between the
parties, the circuit selection protocols shall conform to
National CCS 7 specification as amended from time to
time.
2.11 NUMBERING PLAN
2.11.1 ILDO has been allocated carrier selection code by the
LICENSOR for dynamic selection of carrier for
International long distance calls. All calls for which
dynamic carrier selection code has been dialed shall be
routed accordingly subject to technical feasibility.
2.11.2 All the digits received from calling party including '0'
shall be passed across the interface (ROD=1).
2.12 CALLING LINE IDENTIFICATION
2.12.1 ILDO's network shall be capable of transmitting and
receiving calling line identification, which shall
include Area code and subscriber number.
2.12.2 Malicious call line identification shall be transported
across the network as required by Law Enforcing Agency
subject to technical feasibility.
2.12.3 Disclosure of identity of calling line will be subject to
provisions of law and this facility will be made use of
for technical, commercial and administrative requirements
as prescribed by the Licensor from time to time.
2.13 CCS7 SIGNALLING POINT (SP) CODE ASSIGNMENT
The ILDO may develop its CCS7 signaling network. MTNL
will allocate SP Code for the signaling nodes that will
be used for Points of Interconnection. The allocation of
SP Codes for all other CCS7 signaling nodes within the
ILDO's network will be decided by the LICENSOR.
2.14 USE OF HIGHER LAYER PROTOCOLS
2.14.1 Where telecommunication services require higher layer
protocols for interworking/interfacing, it shall be
discussed and an agreement shall be arrived at
separately.
2.15 NETWORK INTEGRITY AND SCREENING
2.15.1 ILDO shall be responsible for preventing the transmission
of any signaling message across the connecting network,
which does not comply with, inter working specification
of TEC No.G/PNI-03/01 Sept. 95.
2.15.2 Efficient arrangement for screening function shall be
established by the ILDO at his Gateway exchange in his
network to detect signals outside the inter-working
specification of TEC No.G/PNI-03/01 Sept.95 referred
above as modified from time to time.
2.15.3 Screening arrangement shall include rejection of
communications or discarding information fields, which do
not comply with the specification. It will be the
responsibility of the ILDO/MTNL that network integrity is
protected and maintained.
2.16 PROTECTION
It shall be ensured that in case the transmission of
voice signals to MTNL/ILDO network requires power
feeding, then not only the safety of the equipment shall
be ensured but also of the personnel maintaining it. In
this regard, safety requirements of accidental human
touch of feeding voltage as prescribed in BIS document
No. IS 8437 shall be referred for limits.
ARTICLE - 3
INTERCONNECT CAPACITY
TRANSFER OF INFORMATION, DATA AND FORECASTING FOR TIMELY PROVISIONING OF
SERVICES
3.1 CAPACITY ORDERING
3.1.1 Demands/Forecasts of either party i.e. MTNL and ILDO, on
the other for the following shall be firmed up at least
12 months* before the date on which the required
connectivity or circuits is/are required.
i) number of ports (2048 kb/sec digital trunks)
and type of signaling in the telephone
exchanges, location-wise.
ii) addition to the traffic capacity of the
exchanges in Erlangs and call handling capacity
in BHCA.
iii) number of exchanges and signaling capacity to
be connected over CCS7 signaling.
iv) Routewise expected traffic dispersion.
* Provided that this time frame shall be six months for
demand made for the first occasion in the first year of
License period. However, this does not preclude the
possibility of earlier provisioning of the interconnect
capacity in full or in part subject to technical
feasibility and availability.
3.1.2 The requirements mentioned in Para 3.1.1 shall be
furnished in the prescribed Performa given in Annexure 2
hereto.
3.1.3 As stated in Article 2.1.4 and as per Article 6.1.1
herein below, ILDO shall be responsible for providing the
required transmission links to and from MTNL's network at
permitted interface points at local/tandem/TAX levels
initially as well as for augmentation from time to time.
However, in case ILDO requests MTNL in writing to provide
such links, to interconnect ILDO's network to MTNL's
network, then MTNL, may accept such request and set up
the link upon payment of charges as may be prescribed by
MTNL from time to time.
3.1.4 The party receiving the interconnect capacity demand
shall intimate, within a period of 30 days from the date
of receipt of appropriate demand, either the acceptance
or otherwise an alternative proposal for meeting this
demand. In case no response is made within 30 days, it
will be treated as accepted demand and interconnection
seeker shall be free to deposit the prescribed amount for
the required number of ports.
3.1.5 After the acceptance of interconnect capacity demand, in
full or part, MTNL will issue a xxxx based on the
accepted interconnect capacity demand, calculated as per
Article 6, within 30 days to the ILDO for the advance
charges for the first year's use of connection. The ILDO
shall pay such xxxx within 30 days of the date of issue
of xxxx failing which, MTNL will not be obliged to
provide the interconnect capacity.
3.1.6 The above stated interconnect capacity demand will be
treated as firm demand from the date of receipt of the
first year's advance payment of the port charges. The
advance payment thus received by MTNL from ILDO will be
adjusted against the first year's (reckoned from the date
of actual provision of connection to the ILDO) port
charges for the connections, calculated as per Article-6.
In subsequent years, the annual connection charges for
the link connections will be paid each year in advance by
ILDO.
3.2 CAPACITY ORDER TIME SCALE
3.2.1 The time scale for the provision of capacity Ready For
Testing shall be 12 months following the date of receipt
of the firm demand. However, in exceptional cases, a
longer or a shorter time frame can be mutually agreed.
3.2.2 The ILDO shall ensure that the interconnect capacities
are got tested within 30 days of the date these are made
available by MTNL and these capacities are used fully
within a period of three months from the date of
commissioning. After expiry of six months extendible to
nine months on request, the demand shall be deemed to be
withdrawn at the option of MTNL if these are not put to
full use by ILDO and MTNL shall be free to use these
capacities as required.
3.3 LIQUIDATED DAMAGES
3.3.1 After placement of a firm demand to provide the
interconnect capacity, if MTNL fails (otherwise than
through an act of omission of the ILDO) to make available
the connection on a ready for test date within a period
of 12 months (or any other mutually agreed time frame)
from the date of receipt of advance payment as in Para
3.1.5 and 3.1.6 above, then MTNL shall pay, on demand, to
ILDO, LIQUIDATED DAMAGES for such delays calculated as
follows:
(a) i) 0.5% of annual connection charge calculated for
each PCM link/port as per clause 6.3.1 (a) & (b)/(c) of
Article 6 for the number of connections not made
available on the ready for test date as per the relevant
firm demand multiplied by number of days following the
ready for test date till the required connections are
made available for ready for test.
iii) For the purpose of calculation of Liquidated
Damages, the said quantum of delay in provision of
connections, shall be reckoned from the date of expiry of
12 months period from the date of receipt of advance/firm
demand up to the actual date of issue of notification
certifying that such capacity is ready for testing.
Illustration: -
Where,
i) Annual Link
charges = Rs.1000 per annum per link
ii) No. of links
required = 20
iii) No. of links
provided by
Ready for test
date = 15
iv) Balance links
provided 12
days after
ready for
test date = 5
v) Amount of L/D
charges = (1000 x 0.5 x 12 x 5)/100 = Rs.300
(b) The maximum number of days for which the liquidated
damages are payable is limited to 30 days.
(c) The payment of liquidated damages shall not release the
MTNL from the obligation to deliver the ordered
connections to the ILDO. In exceptional cases where the
delay is beyond 30 days, MTNL shall be liable to explain
the reasons to ILDO and also to indicate the revised
ready for test date.
3.3.2 In those cases where interconnection links are being
provided by ILDO and ILDO fails (otherwise than through
an act of omission of MTNL) to make available connections
on the ready for test date i.e. 12 months (or mutually
agreed time frame) from the date of advance payment of
port charges to MTNL, then ILDO shall pay, on demand, to
MTNL the liquidated damages for such delays calculated as
follows:
a) 0.5% of annual port charges calculated for each port as
per clause 6.2.1 of Article 6 for the number of
connections not made available on the ready for test date
as per relevant firm demand multiplied by the number of
days following the ready for test date, till the required
connections are made available for ready for test.
b) The maximum number of days for which the liquidated
damages are payable, is limited to 30 days.
c) The payment of liquidated damages shall not release the
ILDO from the obligation to deliver the requisite
connections/links.
3.4 CANCELLATION OF FIRM DEMAND
3.4.1 ILDO may cancel a firm demand made for interconnections
required by him at any time prior to ready for test date,
by a written notice to MTNL. In the event of cancellation
of an order for interconnection more than 30 days after
its placement, ILDO shall pay cancellation charges to
MTNL as provided in Annexure- 3 hereto.
The amount deposited by ILDO in accordance with clause
3.1.6 above for provision of connections for the relevant
capacity firm demand shall be refunded to ILDO after
deducting appropriate cancellation charges.
3.5 REMOVAL AND CESSATION OF INTERCONNECT CAPACITY
3.5.1 Either party may place a written order on the other for
the removal and cessation of interconnect capacity.
3.5.2 If ILDO requires the removal of, in part or in full,
interconnect capacity already provided under this
agreement then an order (in short "removal order") shall
be placed on MTNL to that effect. MTNL will in turn
verify the requirement and remove the capacity within 30
days (or mutually agreed time frame) from the date of
receipt of the removal order.
If MTNL after receiving the request disagrees with the
proposed removal, then the capacity will not be removed
until joint agreement is reached in accordance with the
dispute resolution procedure as laid down in Article 8.
3.5.3 A removal certificate will be issued by MTNL to ILDO for
the removed capacity within one month of the completion
of the removal work.
3.5.4 The cost of removal of such capacity thus agreed upon, as
payable by ILDO to MTNL shall be as prescribed in
Article-6 in respect of such capacity. In the case of
links provided on Rent & Guarantee basis, the prevalent
terms and conditions of MTNL for Rent & Guarantee cases,
will apply.
3.6 TRAFFIC FORECAST
3.6.1 The content of the traffic forecast shall be as follows:-
- Traffic from ILDO's to MTNL (For each tandem/local
exchange of MTNL)
- Traffic from MTNL to ILDO's network
3.6.2 Each traffic forecast shall contain
- BHCA.
- Busy hour Traffic in Erlangs.
3.6.3 Busy hour may vary for various exchanges and it shall be
determined from actual traffic figures in the network.
3.6.4 The traffic figures indicated in the forecast shall be
reviewed after the implementation of the ILDO's network
on monthly basis. Both parties shall provide traffic
report on all trunk groups used for interconnection.
3.7 ENHANCEMENT OF STANDARDS AND FEATURES
3.7.1 If any change in MTNL's / ILDO's network/system is
introduced to comply with international standards and
national standards or for any other reason mutually
agreed to, costs associated with such changes that either
party has to make in its network/system to maintain
interconnectivity with other's network shall be borne by
the respective parties.
3.7.2 Normally the altering party shall notify in writing at
least 12 months in advance setting out details of the
nature, effect, technical details and potential impact on
the other party's system of such alteration. A notice
period shorter than 12 months can also be considered in
exceptional circumstances by mutual agreement.
3.7.3 Either party requiring enhancement of features in
switching and transmission systems to meet new or
unforeseen situations and demands shall notify the other
party at least 12 months in advance.
ARTICLE - 4
TESTING AND COMMISSIONING OF INTER CONNECT CIRCUITS
4.1 TESTING TIME TABLES.
4.1.1 The party installing the equipment and requiring
inter-connectivity tests shall, before the Ready For Test
date, notify to the other party certifying that such
capacity is ready for testing.
4.1.2 MTNL and ILDO shall commence joint testing of
interconnect circuits within one month after the relevant
Ready For Test Date. The format for Ready For Test
intimation shall be designed in consultation by both the
parties i.e. MTNL and ILDO. The result of joint testing,
recorded by duly authorized representatives of each side,
shall be binding on both the parties.
4.1.3 If, for good reason, either party is unable to proceed
with testing of any interconnect circuit, then that party
shall notify the other in writing at least 10 working
days prior to scheduled Ready For Test date where after
testing will be rescheduled by mutual agreement and
testing carried out on such rescheduled date.
4.1.4 If the parties are unable to agree upon a mutually
acceptable date for the testing of the interconnect
circuits, then either party may notify the other that it
wishes to resolve the disagreement in accordance with
Article 8 and in such an event the dispute resolution
procedure set out in that chapter will come into
operation.
4.1.5 On the Ready For Service Date, both parties will certify
to confirm that the interconnect circuits have been
satisfactorily tested and are ready for putting into
service Such certificate will be worded as mutually
agreed by both parties so far practicable.
4.2 TESTING AND COMMISSIONING PROCEDURES
4.2.1 MTNL shall provide the test schedule to ILDO, within 20
working days of a written request by the ILDO.
4.2.2 Details of testing procedure format/Guidelines will be as
mutually agreed. The parties will jointly test the
equipment to ensure that the equipment meets the
necessary technical parameters and performance standards
in a reasonable and efficient manner.
4.2.3 Testing time scales will vary according to the capacity
ordered and the relevant testing scenario shall be
developed in advance by MTNL.
4.2.4 In Case MTNL shall require and demand any testing
equipment / facilities from ILDO to carry out required
interconnect tests, the same shall be provided by ILDO.
ARTICLE - 5
INTERCONNECT PERFORMANCE STANDARDS
5.1 GENERAL
i. Each party shall be responsible for running its own system and
ensuring the safety of such system.
ii. Fault reporting mechanism for interconnect operational
problems will be initially worked out jointly by both the
parties and this mechanism shall be upgraded from time to
time.
5.2 FAULTS IDENTIFICATION AND REPORTING
i. Each party shall advise its customer to report all faults to
its own Fault Reporting Center.
ii. If a customer of one party reports a fault to the Fault
Reporting Center of the other party to which it is not
directly connected, such latter party will promptly inform the
customer of the correct number to report the fault.
iii. If a major fault occurs which is likely to affect systems of
both parties, the party who first becomes aware of the fault
shall promptly notify the fault to the other.
ii. If one party identifies a fault occurring in its system, which
may have adverse effect on the other party's system, the first
party will promptly inform the party of the actions being
taken to resolve the problem.
5.3 NETWORK RESTORATION
The parties will develop and record (to form operating
instructions) a series of agreed response time for different
network fault conditions on the basis of following principles:
i) Clearance of faults affecting the network will take
priority over the clearance of individual faults.
ii) They will automatically bring in any standby capacity
available and/or carry out network management actions
to restore service to the extent feasible.
iii) They will observe equipment alarms and carry out
testing to identify the nature and location of the
fault in co-operation, as deemed necessary, with the
other party.
iv) They will keep each other informed of progress on a
regular basis.
v) If temporary repairs are made by one, the other party
must be informed of this fact. Other party shall also
be informed of service impact of temporary repair and
the estimated time of full restoration.
5.4 PLANNED MAINTENANCE/WORKS
i) Each party will give at least 7 days notice of any
planned maintenance, which may affect the other's
system.
ii) Each party shall make its best efforts to minimize
disruption and where possible alternative routing
will be provided. Equipment design and link
engineering should have such redundancy that for any
planned work the traffic is not severely affected.
5.6 REVIEW MEETINGS
5.6.1 Review meetings shall be held normally at an interval of 4
months at appropriate level at the headquarters of the ILDO's
or at the MTNL Delhi /Mumbai Circle Head Quarter, to sort out
various interconnect and network related problems affecting
the interconnectivity.
ARTICLE - 6
INTERCONNECTION CHARGES
6.2 INTERCONNECTIVITY TO MTNL NETWORK.
6.2.1 Provision of links to interconnect ILDO's network with MTNL's
network at the technically feasible interconnecting exchange
will be the responsibility of the ILDO as provided under
Clause 2.1.2 and 2.1.4.
6.2.2 The cost of terminating equipment including measurement
devices in the TAX/Tandem/Local switch for measurement of
traffic/revenue share, specifically asked for by ILDO shall
be payable by ILDO.
6.2.3 The set up of cost of interconnection which means the initial
cost of any engineering work needed to provide the specific
interconnect facilities requested by ILDO shall be payable by
the ILDO. A set up cost of Rs. One lakh per POI per occasion
will be paid by ILDO to MTNL for creation, testing and
commissioning of the POI.
6.2 CONNECTION CHARGES
6.2.1 It shall not be mandatory for MTNL to provide any
infrastructure to ILDO which ILDO itself is supposed to
arrange. MTNL, however, may subject to availability and its
commercial policies provide PCM links to interconnect ILDO's
exchange to MTNL's exchange at SDCA level.
a) For the initial period of three years, the
port charges shall be payable by ILDO as per
regulation No.6 of 2001 issued by TRAI and
as amended from time to time. However, it is
understood that no port charges shall be
payable for ports already made available to
ILDO by MTNL.
6.2.2 Minimum period of hire of the ports shall be three years. If
the ports are surrendered earlier, pro-rata rental for the
un-expired portion of the committed period shall be payable by
ILDO. Once the interconnect agreement comes into effect, the
rates in respect of the aforesaid components at (b) and (c) as
applicable on the effective date may remain fixed for the
capacity orders placed within 36 months from the date of
provisioning. However, as regards the aforesaid component at
(a) above, the rates as per MTNL terms prevalent at the time
of charging shall be applicable. In addition to these rates,
the ILDO shall bear the cost of setting of the
interconnection.
All infrastructure charges including leased line charges and
set up cost etc. are to be borne by ILDO as per MTNL
applicable tariffs. Where ILDO applies for E1 at any of its
international gateways for the purpose of POIs with the
designated gateway TAXs, TANDEMs, the payment of leased line
charges would be accepted on quarterly in advance basis. This
shall apply to first year leased line charges as well. Leased
line charges, if any, taken earlier on annual basis shall be
refunded/ readjusted by MTNL.
6.2.3 For the infrastructure referred to in Clause 2.1.13 like space
in MTNL's building, provision of power supply, air
conditioning, mounting of antennas on towers or building tops
if feasible for the interconnect link, the charges and other
terms & conditions for the same will be as prescribed by MTNL
from time to time separately.
6.2.4 Irrespective of what has been mentioned in Clause 2.1.13
permission to mount antennae or use of space/duct etc. for
interconnection link shall not be mandatory and will be
subject to availability keeping the long-term requirement of
each party in view and mutual agreement. The charges for such
accommodation and infrastructure shall be as prescribed by the
Interconnection Provider from time to time. The installation
of the link equipment may be done by the ILDO itself and no
independent room etc. will be provided by MTNL. The end link
equipment will be installed in the transmission room of the
building where interconnection will be taken by ILDO. After
commissioning of the end link equipment, the same shall be
taken over by MTNL for operation and maintenance and the staff
of the ILDO will not be
allowed entry for day to day maintenance. The operation and
maintenance charges for end link equipment at MTNL end will be
charged from the ILDO along with the rental for space and
other infrastructure such as AC, power etc. MTNL will
undertake the operation and maintenance of interconnect
equipment installed by ILDO in its premises and will charge
the ILDO for the same. The entry of ILDO's personnel on a
regular basis shall not be allowed in MTNL's premises but
shall be for level II maintenance on need basis.
6.3 ACCESS CHARGES/REVENUE SHARING
6.3.1. Access charges for Outgoing and Incoming international calls
shall be as per Schedule-I
6.3.2 REVIEW
The incoming and outgoing rates as above are valid until
31-03-2004. The review can also be done subject to following
events:-
(i) TRAI's determination/regulation on access charges revenue
sharing and interconnection arrangements with ILDOs.
(ii) In case of significant reduction of ILD customer tariff as
announced by other ILD operators.
(iii) The total outgoing traffic volumes exceeds the incoming volume
in any month.
(iv) CAC is introduced whereby the subscriber is able to directly
select the ILDO.
(v) Mutual agreement between the two interconnecting operators.
6.4 CHARGES FOR ENHANCEMENT OF FEATURES IN SWITCHING AND
TRANSMISSION SYSTEMS.
6.4.1 In case, any enhancement of features is required in the
network of MTNL for enabling interconnection and start of
services of the ILDO to meet the requirements of his license
for International Long Distance Service, the charges for such
enhancement shall be payable by the ILDO as determined by
MTNL. If these enhanced features are made use of by other
ILDOs within a period of 12 months from the date of such up
gradation, they will proportionately share this cost with the
earlier ILDO who has paid for it.
6.4.2 ILDO shall pay to MTNL the charges as decided by MTNL for the
cost of enhancement of features in its switching and
transmission networks and their up-gradation, if any, for
providing the specific facilities requested by the ILDO which
are not available with MTNL at the location of the POI.
ARTICLE - 7
INTERCONNECT BILLING SYSTEM
7.3 XXXX INFORMATION
7.3.1 MTNL shall provide to the other party information relating to
detailed billing/trunk group bulk billing as may be reasonably
required for ascertaining the charges payable by each party
under this agreement on monthly basis.
7.3.2 In case of a dispute arising between the parties in respect of
the billing MTNL and the ILDO shall have the right on having
given an advance written notice of 10 clear days, to inspect
the relevant books and/or detailed records of the other
relating to a period not exceeding one year prior to the date
of inspection, for the purpose of verifying the Billing
information provided by the other in respect of such period.
7.3.3 Each party shall keep all books and records relating to
Billing Information provided by it to the other, in respect of
revenue sharing (access charges) for a period of one year from
the end of the Billing Period in respect of which such Billing
Information was delivered to the other. If a request has been
made as per provisions in 7.1.2 such records will have to be
preserved till final settlement of the case.
7.3.4 In the event that at any time during the continuance of this
Agreement the Billing System of either Party malfunctions and
is unable to provide all or part of the Billing Information
necessary for such party to prepare a xxxx to the other, the
other party shall at the request and expense of the first
mentioned party use its reasonable endeavors to supply the
necessary Billing Information to the first mentioned Party
without any legal liability to the first mentioned party for
the contents of such Billing Information.
7.3.5 ILDO shall be responsible to cover its liability for payment
of taxes imposed by the Central or State Government, as the
case may be.
7.4 ISSUE OF BILLS
7.4.1 Traffic observations and meter reading shall be taken at each
POI separately for outgoing calls, incoming calls and transit
calls. These meter readings shall be sent to the designated
billing authority who shall issue the bills for the net amount
after deducting the charges payable for the outbound traffic
and also taking into account the applicable volume discounts
and minimum monthly guaranteed incoming traffic. The xxxx
shall be issued on monthly basis and shall be payable within 7
day of the date of issue of xxxx or 15 days from the end of
month whichever is earlier. The payment shall be by way of
banker's check/demand draft in favor of the designated billing
authority of MTNL, drawn at the local branch of any scheduled
bank at Mumbai
7.2.2 Bills for telecom resources and other support facilities, such
as connection charges, charges for leased facilities and
charges for enhancement of features, if availed by the ILDO
will be issued by MTNL and paid by the ILDO at the intervals
specified in this agreement.
7.2.3 The meter reading and the traffic observations of each PoIs
shall be sent to the designated billing authority by each unit
in charge of PoI and one composite xxxx shall be issued by the
designated billing authority. The entire work regarding the
billing shall be under the control and supervision of the one
billing authority, which shall be under CGM-MTNL, Mumbai for
the PoIs located in the areas of Delhi as well as Mumbai. The
payment of the bills shall also be reconciled by the
designated billing authority under the CGM MTNL, Mumbai and
all actions regarding the billing and accounting shall be the
responsibility of designated billing authority.
7.3 TERMS OF PAYMENT
7.3.1 MTNL and the ILDO agree that:
i) The payment of bills will be made by the ILDO within
the time specified in Clause 7.2 above.
ii) The mode of payment will be through banker's
Check/Demand Draft in favor of the designated
authority of MTNL, drawn at the local branch of any
scheduled bank at the place where such designated
authority of MTNL is located.
iii) All payments due to MTNL will be paid without set off
(netting) or counter claim and shall be free and
clear of any withholding or deductions.
iv) If the xxxx issuing authority subsequently finds that
some charges have been omitted from the bills issued,
he will include the omitted charges in the subsequent
bills at any time, but within 12 months from the date
of issue of the relevant xxxx. However, in cases
where additional billing becomes necessary due to the
tariffs/rates changes notified subsequently with
retrospective effect by the appropriate authority and
where the bills are issued on account of delay by
ILDO, there will be no time limit applicable for
raising such bills.
7.3.2 (i) If due payment is not received within the specified
period outlined in the xxxx, MTNL shall have a right
to obtain payment through encashment of bank
guarantee which shall be provided by the ILDO in
favor of MTNL. The Bank guarantee will be en-cashed
in case of a default in payment by ILDO.
(ii) The encashment of the bank guarantee shall not
detract in any manner, the MTNL from discontinuing
the use of its facilities by the ILDO after failure
in making due payment. Provided, before disconnecting
the said facilities, 30 day's notice shall be given
to the ILDO but such notice will not be construed to
have any link or connection with the encashment of
Bank Guarantee.
7.4 In the event of delayed payment by either Party, interest will
be charged on the due amount at the following rates:
--------------------------------------------------------------------------------
Period of Delay Interest Rate (per annum)
--------------------------------------------------------------------------------
A. For the first two occasions of delay:
I Delay of 15 days beyond the
Due date 15%
II Delay beyond 15 days but up
To the next 15 days 18%
B. For the third & subsequent occasions
of delayed payment:
I. Delay of 15 days beyond the
Due date 18%*
II. Delay beyond 15 days but up to
Next 15 days. 21%*
* Note: This stipulated interest rate or the prevailing prime
lending rate of State Bank of India plus 5% (Five
percent) per annum (compounded monthly), which ever is
higher, shall be applicable.
Explanation
The interest referred above will also be applicable in
case the xxxx is disputed but subsequently it is found to
be in order by the appropriate authority.
7.5 SETTLEMENT OF DISPUTES REGARDING WRONG/EXCESS BILLING:
7.5.1 The bills issued by MTNL based on bulk record shall be final.
In case of difference up to 0.25%+/- with the billing record
of ILDO, the amount billed by MTNL shall be treated as final.
If the difference is more than +/- 0.25% but up to +/
-2%payment shall be made by ILDO. However, reconciliation of
variance shall be carried out by both parties and will be
subject to dispute resolution mechanism. Variance beyond this
limit shall be subject to dispute resolution mechanism as
specified in the Interconnect Agreement. However, ILDO shall
pay to MTNL the undisputed amount plus 50% of the disputed
amount subject to a minimum of an amount equal to previous
month's billed amount immediately.
7.5.2 In the event ILDO disputes the accuracy of a xxxx delivered by
MTNL pursuant to this Agreement, it will, as soon as
practicable, but in any case before the pay-by-date notify the
billing liaison contact of MTNL of the nature and extent of
the dispute along with all details reasonably necessary to
substantiate its claim, which shall be reasonably capable of
being verified by MTNL.
7.5.3 In case of calculation or clerical error in the xxxx, the xxxx
issuing authority after verifying the xxxx, if it finds the
errors genuine, will correct the relevant xxxx accordingly
within three days of the receipt of the complaint.
7.5.4 In cases other than those referred in clause 7.5.3, ILDO shall
immediately obtain a provisional xxxx from MTNL before the pay
by date of the original xxxx on the basis given in clause
7.5.1. The provisional xxxx shall be paid by the ILDO before
the pay by date indicated in the provisional xxxx. Thereafter,
within 7 days of the issue of the provisional xxxx, the ILDO
shall approach the designated authority of MTNL along with all
his relevant records based on which the ILDO disputes the xxxx
issued by MTNL. The ILDO shall, in consultation with the
designated authority of MTNL, settle the dispute within 15
days of the issue of the provisional xxxx referred in this
clause. In this consultation, the records made by the
measurement devices located at the MTNL interface point shall
have precedence over the records of the ILDO. If after
consultation, it is found that the xxxx issued by MTNL is
correct, the balance amount of the xxxx, which was kept under
dispute after the issue of the provisional xxxx), will also
have to be paid by the ILDO within 7 days of the settlement of
such dispute.
7.5.5 After the settlement of the dispute, if balance of the due
payment is not made within the period referred to in clause
7.5.4, the MTNL shall discontinue the use of its facilities by
the ILDO immediately on occurrence of this default. For this
purpose all bills raised on ILDO shall serve the purpose of
notice also and no separate notice for disconnection of
facility will be required to be issued by MTNL. Restoration of
the facility will be made only on clearance of the dues
payable by the ILDO.
7.5.6 (i) Notwithstanding provided herein above, if the dispute
over the accuracy of the xxxx fails to be resolved, in the
manner already provided, the dispute shall be referred to the
arbitrator appointed as per the provisions of clause 8.1 of
this Agreement whose decision shall be final and binding.
(ii) Each party shall continue to fulfill its obligations
under the Interconnect Agreement during the pendency of
dispute and while dispute resolution process invoked under sub
Para (i) above except that MTNL shall not be obliged to
continue to provide and / or restore the interconnect services
when all due payments are not made by the ILDO.
(iii) Any party shall not use any information obtained from
other party during the course of dispute resolution process
under this clause for any purpose other than to resolve the
dispute and such information shall not be used in litigation.
7.6 BANK GUARANTEE
The bank Guarantee as the case may be for the payment of
billed amount is to be submitted for each POI, separately.
However, to avoid delay it is agreed that ILDO shall furnish a
bank guarantee for Rs 6 crores valid for one year to Corporate
Office MTNL in Delhi to cover the payment of due amount.
Later based on average monthly billing for the period of 4th
,5th and 6th months for each POI, the bank guarantee equal to
2 months average billed amount as above shall be provided
separately to the designated billing authority of MTNL for
each POI. Upon receipt of Bank guarantee as above, the
original bank guarantee shall be released. The requisite
performa, term and condition for the bank guarantee are
enclosed as Annexure- 5
ARTICLE - 8
DISPUTES AND ARBITRATION
8.2 DISPUTES OTHER THAN BILLING DISPUTES
8.2.1 Both parties shall use their best efforts in good faith and
best intention to resolve a dispute other than billing dispute
by mutual negotiation and consultation and shall settle
amicably any dispute that may arise or relate to this
agreement or a breach thereof. Pending resolution of a
dispute, each party shall continue to fulfill its obligations
under this agreement.
8.2.2 ARBITRATION : In the event of any question, dispute or
difference arising under the agreement, or in connection
thereto, except as to the matter of billing which is
specifically provided for and governed by the terms and
conditions in Para 7.6 (7.6.1 to 7.6.5), the same shall be
referred for settlement by arbitration of three Arbitrators,
one each to be nominated by each party and the third
Arbitrator to be appointed by the said two nominated
Arbitrators. The arbitration proceedings shall be governed by
the Indian Arbitration and Conciliation Act, 1996 or any
statute, amendment or re-enactment thereof and incorporation
for the time being in force save and except that the award
shall be given at the earliest. The place of arbitration shall
only be New Delhi and it is Hon'ble Delhi High Court alone who
shall have the jurisdiction.
8.2.3 Nothing contained in this agreement may be construed to
preclude the right of a party to have recourse to TDSAT on
matters over which TDSAT has jurisdiction under Telecom
Regulatory Authority Act, 1997 as amended from time to time or
any other law for the time being in force.
ARTICLE - 9
9.1 LIABILITY, INDEMNITY AND INTELLECTUAL PROPERTY RIGHTS
9.2.1 Each party shall guarantee that the equipment/systems and
other articles of the service commissioned/provided by it,
does not infringe any copy-right or trademark or rights
against passing off intellectual property of any third party.
9.2.2 Either party must not use a trademark belonging to another
party as a trade xxxx without the prior written consent of
that other party.
9.2.3 Either party must not use any intellectual Property rights,
which it holds as the sole owner body or ILDO from, or joint
owner with another body or person to prevent or hinder the
provision of Services in any manner whatsoever. Where a party
jointly owns Intellectual Property with a third person, or has
been licensed to use the intellectual Property by third person
then such party must obtain or use its reasonable efforts to
obtain proper permission as required from such third person
either as joint owner or licensor, to enable to provide
Services without restriction or hindrance.
9.2.4 Each party shall indemnify the other innocent party against
all liability or loss arising from, and reimburse all
reasonable costs, charges and expenses incurred in connection
with, any action, claim, suit or demand; alleging infringement
against the Innocent Party of the rights of a third person
arising from the use by the Innocent Party of Intellectual
Property disclosed or licensed by the indemnifying party under
this agreement.
9.2.5 The conveyance of information between MTNL and the ILDO which
shall take place, shall not constitute or imply the granting
of any rights under any copy right, patent, trademark or any
other Intellectual property rights either at the time of
conveyance or subsequently.
ANNEXURE - 1
MTNL/ILDO'S NETWORK INFORMATION
3. ILDO INFORMATION
3.1 Name(s) and Postal address of ILDO'S gateway exchanges in
Service area of Delhi/Mumbai.
3.2 Postal address of each building within Delhi/ Mumbai, which
the ILDO believes to be suitable for supporting
interconnection to MTNL's network.
4. MTNL INFORMATION (to be provided by MTNL)
4.1 Names and Postal address of TAX Tandem/ Local exchanges and
main Local Exchanges within the MTNL'S Licensed Area.
ANNEXURE - 2
DEMAND FOR INTERCONNECT CAPACITY
(TO BE FURNISHED BY THE ILDO/MTNL)
A. Name of XXXX
X. Name of ILDO's Exchange
C. MTNL's Local/Tandem Exchange
(Suggested by ILDO for interconnection)
D. Date when required.
--------------------------------------------------------------------------------------
Type of
Type of Busy hour Call Traffic in No. of Signaling
Traffic attempts [B] Erlangs [E] Ports (Note - 1)
--------------------------------------------------------------------------------------
ILDO
Exchanges to
MTNL Local/
Tandem
--------------------------------------------------------------------------------------
MTNL TAX to ILDO
gateway switch
--------------------------------------------------------------------------------------
Signature of ILDO/MTNL:
Date:
Acknowledgement by MTNL/ILDO:
Date:
Note 1: CCS7 signaling is supported by MTNL's new technology switches
e.g. XXX-00, XXXX, XXX-000, Fetex 150 & 5ESS switches.
Note 2: Clause 2.2.2 stipulates direct connectivity between ILDO'S
exchange and MTNL's terminating local exchange wherever the
originating and terminating traffic to and from exchange of
MTNL justifies more than 8 PCMs. In such cases the traffic
figure for each MTNL exchange shall be furnished.
ANNEXURE - 3
CANCELLATION CHARGES
If the ILDO cancels a firm demand for capacity more than thirty days
after placing the same, a cancellation charge as set out below shall be payable
by him to the MTNL.
-----------------------------------------------------------
CANCELATION CANCELLATION
AFTER RECEIPT CHARGE
OF FIRM DEMAND AS A PERCENTAGE OF
(NUMBER OF DAYS) 1 YEAR'S
CONNECTION CHARGE *
-----------------------------------------------------------
0-90 days 50%
more than 90 days 100%
-----------------------------------------------------------
ANNEXURE - 4
CONTENT OF THE CHARGE BAND
LENGTH
PARAMETER TYPE (OCTETS) CODE
--------------------------------------------------------------------
Message Type F 1 H `31'
Charge Band Number O 3 H `FF'
End of Optional O 1 H `0'
Parameters
--------------------------------------------------------------------
CHARGE BAND METHOD:
a) Natural Operation
Means that the charging is elaborated locally by a local
exchange from the implicit charging data included in the
charge band parameter and sent by a DTAX exchange.
The originating local exchange knows from the analysis of the
call type that the call has to be charged on a change band
basis.
Transmission of the implicit charging data is achieved by
using the CRG message with only one charge band number
parameter included.
The CRG message with charge band number is transmitted by a
DTAX exchange before ACM message, when sufficient address
information is received to determine the charging information.
The CRG message with charge band number is retransmitted
unchanged by an intermediate exchange.
b) Malfunction cases:
If the message received by the local exchange does not include
the charge band parameter or includes the charging unit number
parameter in addition to the charge band parameter, the
message is considered as incorrect. That is to say, if the
incorrect CRG is the first backward message received, the
circuit is reset (forward RSC sending) and an automatic call
reattempt is made; otherwise, the incorrect message is
ignored.
In all cases, the CRG should be received by a local exchange
before answering condition (i.e. ANM/CON reception); otherwise
the call is released by REL forward sending (clause 111).
If several correct charge band CRG are received before answer,
only the last one is considered.
The call is stated as 'not charged' by a local exchange if the
charging indicator received in the Backward Call Indicator
(BCI) in ACM/ANM or CON has the value `No charge' and this
whatever the value of the received charge band number may be.
Clause 2.5.2 may be referred in this regard.
ANNEXURE - 5
PROFORMA OF BANK GUARANTEE UNDER ARTICLE 7
To
M/S MAHANAGER TELEPHONE XXXXX LIMITED
____________
____________
1. In consideration of Mahanager Telephone Xxxxx Limited, a company
registered under the Companies Act and having registered office at Jeevan Bharti
Building, Tower No.1, 12th Floor, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxxx- 000000
(hereinafter called the `MTNL') agreed to interconnect its network with that of
M/s _______________, licensed to provide International Long Distance Services
(hereinafter referred to as ILDO) a company registered under the Companies Act
and having registered office at .............., for the purpose of establishing
a International Long Distance Services network of the ILDO in accordance with a
interconnect agreement/ (hereinafter referred to as `the agreement') No :
________________________ dated __________, entered into between MTNL and ILDO,
which inter-alia provides for production of bank guarantee to the extent of Rs
______ Crore (Rupees _____ Crore only) under the said agreement by way of
security for payment of various amounts receivable by MTNL from ILDO. We
..........(indicate the full name, address, and other particulars of the bank)
(hereinafter referred to as the BANK) at the request of the ILDO hereby
irrevocably and unconditionally guarantee to the MTNL that the BANK shall pay
without demur all the amount of the dues under the interconnect agreement
whenever called upon to pay by the MTNL.
2. We, the BANK, hereby undertake to pay to the MTNL an amount not
exceeding Rs _____ Crore (Rupees _____ Crore only) against any non payment of
any amount by ILDO to MTNL or by reason of any failure of the ILDO to extend the
validity of the guarantee in accordance with the terms stipulated in the
agreement.
3. We, the BANK, hereby further undertake to pay as primary obligor and
not merely a surety to pay such sums not exceeding Rs ____ Crore (Rupees ______
Crore only) to the MTNL immediately without demur and objections and without
reference to ILDO and without questioning the right of MTNL to make such demand
or the propriety or legality of the demand, merely on demand of the MTNL stating
that the amount claimed is due by way of failure of the ILDO to pay the due
amount or any part thereof in terms of the said agreement.
4. We, the BANK, do hereby declare and agree that the decision of the MTNL
as to whether the ILDO has failed to pay the due payment or any part thereof
shall be final and binding on us.
5. We, the BANK, do hereby declare and agree that the
Guarantee herein contained shall remain in full force and effect initially for a
period of one year from the date hereof and further agrees to extend the same
from time to time (one year at a time) so that it continues to be enforceable
till all the dues of the MTNL by virtue of the said agreement have been fully
paid and its claim satisfied or discharged or till MTNL satisfies that the terms
and conditions of the said agreement have been fully complied with and
accordingly discharges this guarantee.
The MTNL shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms and
conditions of the said agreement or to extend or to allow time for payment
related performance of any obligation of the said ILDO from time to time or to
postpone for any time or from time to time any of the powers exercisable by the
MTNL against the said ILDO and to forebear or to enforce any of the terms and
conditions relating to the said agreement and we shall not be relieved from our
liability by reason of any variation or extension being granted to the said ILDO
or forbearance act or omission on part of the MTNL or any indulgence by the MTNL
to the ILDO or to give such matter of thing whatsoever which under the law
relating to sureties would but for this provision, have effect of so relieving
us.
Any claim, which the BANK has against the ILDO, shall be subject and subordinate
to the prior payment and performance in full satisfaction of all the obligations
towards MTNL under this agreement. The BANK will not exercise any legal right or
remedy of any kind in respect of any payment or performance against ILDO so long
as the obligation of the BANK under this guarantee remains owing and
outstanding.
This guarantee shall be irrevocable and the obligations of the BANK herein shall
not be conditional to any prior notice by the MTNL or by the ILDO.
6. We, the BANK, undertake not to revoke this guarantee during its
currency and any extension thereof except with the prior consent of the MTNL in
writing and agree that any change in the constitution of MTNL or the ILDO or us
shall not discharge our liability hereunder.
Dated -......day of......(month) of......(year) at......
Signature
Bank Seal
Name and address of the Bank
Telephone and Fax No.
Witnesses:
(Signature, Name & Address)
1.
2.
SCHEDULE-I
ACCESS CHARGES AND REVENUE SHARING
PAYMENT FOR CARRIAGE AND TERMINATION OF OUTGOING ISD CALLS
(i) MTNL shall pay to ILDO for carriage and termination of ISD calls
originated in India and terminated outside India using ILDO's ILD
network at following rates as per present tariff enclosed in
Annexure-I:
ISD calls terminated in Per minute rate
------------------------ ---------------
USA/CANADA/EUROPE/UK [Text Redacted]
AFRICA/MIDDLE EAST [Text Redacted]
REST OF WORLD [Text Redacted]
(ii) At a later date, if tariffs are revised downward by ILDO unilaterally,
MTNL shall retain minimum per minute charge as below:
ISD calls terminated in Minimum Per minute retention of MTNL
------------------------ ------------------------------------
USA/CANADA/EUROPE/UK [Text Redacted]
AFRICA/MIDDLE EAST [Text Redacted]
REST OF WORLD [Text Redacted]
The above retention has been worked out on an average tariff of [Text
Redacted] per minute assuming [Text Redacted] paid minutes in peak
hours and [Text Redacted] in off peak hours.
(iii) In case ILDO offers lower rates for carriage and termination of ISD
calls originated in India and terminated outside India to any other BSO
/ CMSP, NLDO or ILDO, the same shall apply to MTNL retrospectively from
the date of applicability of such lower rates to any other service
provider mentioned above.
(iv) ILDO shall pick up the traffic from the Points of Interconnection at
gateway TAXs designated by MTNL.
(v) The above are fixed rates per minute without any off peak and shall
apply all the 24 hours of the day for all days of the year.
(vi) There shall not be any minimum guaranteed outbound traffic from MTNL to
ILDO.
(vii) The applicable unit (pulse rate) for measurement of said minutes shall
be 1 second, rounded off to next higher minute on total calls in a
month.
(viii) ILDO shall accept and carry calls to any destination in the world as
offered to it by MTNL.
(ix) MTNL shall xxxx and collect the charges for ISD calls originated in
MTNL's network and carried by ILDO's network for termination in any
country outside India.
II. PAYMENT FOR CARRIAGE AND TERMINATION OF INCOMING ISD CALLS
(i) For incoming international calls, ILDO shall pay to MTNL a per minute
charge for carriage and termination as per the details given below :-
------------------------------------------------------------------------
FOR TERMINATION INTO FIXED TELEPHONES [Text Redacted]
------------------------------------------------------------------------
FOR TERMINATION INTO WLL (M) AND GSM
TELEPHONES [Text Redacted]
------------------------------------------------------------------------
Note 1:
a. There shall not be any peak or off peak rates. The above rates
shall apply for all 24 hours of the day for all days of the
year.
b. The charges are independent of originating point for calls.
c. The applicable unit (pulse rate) for measurement of said
minutes shall be 1 second rounded off to next higher minute on
total calls in a month.
(ii) ILDO shall deliver all the incoming international calls meant for MTNL
at POI at all the tandems of MTNL and further carriage from the POI to the final
destination shall be done by MTNL.
(iii) If ILDO contracts a higher charge to another BSO/CMSP or NLDO the same
shall apply to MTNL as well. These revised rates for termination shall apply
from the dates they are applied for another carrier, under the identical terms
and conditions. Similarly, if MTNL contracts lower charge to another ILDO under
certain terms and conditions, the same shall apply to ILDO as well. These
revised rates for termination shall apply from the dates they are applied for
another carrier, under the identical terms and conditions. The rate for NLDO
will be matched at the SDCA level if it is determined that MTNL has obtained the
NLD license.
(iv) In case of use of MTNL's network for carriage and termination of calls
in the network of some other BSO/CMSP, consolidated charges as above shall be
payable, by ILDO along with a transit charge of [Text Redacted] per minute and
any charge to be paid to the other BSO/CMSPs shall be settled by MTNL. However,
volume discount, if any, shall not be applicable on such calls. Such calls shall
be handed over to MTNL by ILDO on separate trunk group at TAX/Tandem designated
by MTNL.
III. VOLUME RELATED REDUCTION
INCOMING TRAFFIC: The volume related reduction shall be applied on
billed amount for the incoming traffic in any month when traffic
exceeds [Text Redacted] million paid minute after excluding the transit
traffic meant for other networks. For all incoming traffic into MTNL
network, following volume related reduction in the termination charges
will be applied:
(a) Upto [Text Redacted] million minutes / month [Text Redacted]
(b) [Text Redacted] million minutes / month [Text Redacted] (on the total
volume)
(d) [Text Redacted] million minutes and above [Text Redacted] (on the total
volume)
IV. GENERAL
All charges relating to the existing bandwidth and port connectivity
which were hitherto provided free to ILDO will have to be paid as per
applicable tariff. The Parties agree that charges for the use of any
other chargeable resources of each other which are not specifically
agreed otherwise, will be mutually agreed upon.
