EXHIBIT 4.1
NO. 121-8/2003-REGLN. DATED: 8TH MAY 2003
INTERCONNECT AGREEMENT
This agreement is made on this 8TH DAY OF MAY 2003 to be effective from
01.05.2003 and valid up to 31.03.2004 between M/s Bharat Xxxxxxx Xxxxx Limited a
company registered under the Companies Xxx 0000 having license to provide all
types of services of Telegraph including international long distance services
and having its registered office at 0xx Xxxxx, Xxxxxxx Xxxxxx, 00 Xxxxxx Xxxx,
Xxx Xxxxx- 110 001 and Corporate Office at Xxxxxxxxx Xxxxx, X-000, Xxxxxxxxxx
Xxxx, Xxx Xxxxx-000000 (hereinafter called the BSNL) 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 ILDO 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. BSNL 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 service (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 either Party reserves 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 International Long Distance Service as mandated
in the license for ILD Services between BSNL as a provider of various
Telecommunication Services and the 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) BSNL 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 BSNL
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 BSNL decides
to handover such calls to the ILDO for further carriage and
termination in the distant country, BSNL shall do the subscriber
billing and collect payments from its subscribers.
9) The parties acknowledge that substantial costs will have to be incurred
by BSNL 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
ILDOs. 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 BSNL 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 BSNL's resources and support facilities are availed by
the ILDO, BSNL will be free to charge from the ILDO for use of the
same.
11) The parties further acknowledge that they will mutually discuss to
arrive at solutions to the issues arising out of any changes in the
terms and conditions of the license of either party or any change in
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 chapters from 1 to 9 (One to Nine) and Schedule-I along with the
connected Annexure (1 to 5), 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) In case of any difference of interpretation between contents of the
main body of the agreement and the Schedules/Annexures, the contents of
the main body shall prevail.
15) BSNL and ILDO shall try to maximizing traffic flow to each other
(within the constraints of Government directions) and ILDO shall
handover all the traffic meant for BSNL's subscribers directly through
the designated Level 1 TAX of BSNL nearest to the ILDO's international
Gateway switch located in the same circle.
16) BSNL and ILDO shall exchange only `Toll Quality Voice Telephony'
traffic at the Points of Interconnection.
17) All interconnection arrangements including interconnectivity of ILDO's
Gateway Switches with BSNL's network shall be in conformity with the
framework of ILD policy of the Government of India as envisaged through
the terms and conditions of the ILD licenses issued by the Licensor to
the ILDOs. Existing interconnectivity shall be rearranged within four
weeks from the date of signing of this agreement so as to bring this in
conformity with the terms and conditions detailed herein.
18) Interconnection and revenue sharing arrangement for all other services
being currently provided by ILDO and extended by BSNL 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.
19) The revenue sharing arrangement as per Schedule-I will, however, be
effective from 1.05.2003.
INDEX
PAGES
CHAPTER SUBJECT / TITLE FROM TO
------------------------------------------------------------------------------------
1. Definitions 7 - 12
2. Technical issues pertaining
to interconnection 00 - 00
0 Xxxxxxxxxxxx Xxxxxxxx 00 - 00
0. Testing and commissioning
of Interconnect circuits 24 - 24
5. Interconnect Performances
standards 25 - 26
6. Interconnection charges 27 - 29
7. Interconnect Billing System 30 - 34
8. Disputes (other than billing
Disputes) and arbitration 35 - 35
9. Liability, Indemnity and
Intellectual Property Rights 36 - 36
Annexure - 1 37 - 37
Annexure - 2 38 - 38
Annexure - 3 39 - 39
Annexure - 4 40 - 41
Annexure - 5 42 - 43
Schedule-1 :
Access Charges & Revenue Sharing 44 - 46
Annexure I 47 - 48
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 BHARAT XXXXXXX XXXXX LIMITED.
By SHRI XXXXXXX XXXXX
Jt. DDG (REGULATION-I), BSNL
Signed on behalf of M/s VIDESH XXXXXXX XXXXX LIMITED
By SHRI XXXXXX XXXXXX, EXECUTIVE DIRECTOR (LEGAL) AND COMPANY SECRETARY holder
of General Power of Attorney dated 03 March, 1988 executed in accordance with
the Resolution No. NIL dated 02 September, 1987 passed by Board of Directors.
in the presence of:
Witnesses
1. _____________________
2. _____________________
CHAPTER-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 Chapter 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 BSNL'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
GATEWAY SWITCH": means Point of Presence of the ILDO as approved by
the Licensor.
1.14 "INTERNATIONAL
SERVICE": means the telecom services originating in the
country and terminating outside the country and
vice versa.
Scope of the 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.
1.22 "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 TRANSMITTER": means the Radio Transmitter and Receiver at base
stations.
1.31 A "REGULATIONS": means the regulations issued by TRAI under TRAI
Act, 1997 as amended from time to time.
1.32 "SERVICE AREA" means the specified territorial telecom circle
bounded by geographical limits within which the
ILDO is licensed to operate and offer the Service.
1.33 "SERVICE PROVIDERS" means telecom service provider licensed under
Section 4 of the Indian Xxxxxxxxx Xxx 0000 for
provisions of service.
1.34 "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.
1.35 "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.
1.36 "TDSAT": means Telecom Disputes Settlement and Appellate
Tribunal.
1.37 "TEC": means Telecom Engineering Center.
1.38 "TRAI" means Telecom Regulatory Authority of India
1.39 "VSNL" means Videsh Xxxxxxx Xxxxx Limited.
1.40 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
TAX TRUNK AUTOMATIC EXCHANGE
TS TIME SLOT
CHAPTER-2
TECHNICAL ISSUES PERTAINING TO INTERCONNECTION:
2.1 INTERCONNECTIVITY
2.1.1 ILDO's network shall have interconnectivity with BSNL's
network at the Level-I TAX 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 BSNL to ILDO for further carriage and termination
in the country of destination.
2.1.1.1 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.
2.1.1.2 For calls other than those mentioned in clause 2.1.1 above,
the arrangement shall be discussed separately to arrive at a
mutual agreement.
2.1.2 ILDO shall be responsible for providing the required
transmission links from/to its network to/from BSNL's network
at interface points under Clause 2.1.1, at TAX level,
initially as well as for augmentation from time to time. These
links would include passive as well as active transmission
links.
2.1.3 ILDO shall not, under this Agreement, directly or otherwise,
extend any type of service to BSNL subscribers other than what
is provided in this agreement through the access provided by
BSNL & vice versa unless otherwise mutually agreed.
2.1.4 ILDO shall deliver incoming traffic for termination in BSNL's
Network only via the POIs with BSNL.
2.1.5 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.
2.1.6 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.
2.1.7 Switching system to be used by ILDO shall be interface
approved against the relevant latest TEC specification.
2.1.8 Any facility obtained by ILDO from BSNL shall not be resold or
leased in any manner to a third party.
2.1.9 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.
2.1.10 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. BSNL
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 CALLS FROM BSNL NETWORK/SUBSCRIBER TO ILDO'S NETWORK AND VICE
VERSA.
2.2.1.1 Calls from BSNL's subscriber or BSNL's network to ILDO's
network will be routed in the BSNL network up to the farthest
point i.e. up to BSNL's designated Level-I TAXs with which
ILDO has established its POI for further carriage by ILDO
through its approved international gateways switch. ILDO shall
accept outgoing ISD calls for all the countries at each of its
POI.
2.2.1.2 Similarly the ILDO will deliver the incoming international
calls at any of the POIs.
2.2.2 Transit calls which ILDO desires to transit through BSNL and
meant for termination in network of any other service provider
will be allowed on mutually agreed terms and conditions.
2.3 INTER-CONNECT LINK ARCHITECTURE
2.3.1 TRANSMISSION MEDIA
2.3.1.1 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.
2.3.1.2 Use of DXX (Digital Cross Connect) or equipment with similar
functionality is not permitted on links connected with BSNL.
However, it shall not preclude use of SDH equipment on
point-to-point basis between ILDO's ILD Gateway and
interconnecting Level I TAX of BSNL. 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 BSNL'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 BSNL's network unless mutually agreed.
2.3.2 NETWORK INTERFACE
2.3.2.1 The interworking between the network of BSNL and the network
of ILDO shall be at 2 Mb/sec PCM following relevant latest TEC
specification.
2.4 SIGNALING
2.4.1 The signaling with the exchange of ILDO shall be CCS7 in
compliance with national CCS7 specifications for tandem
working as modified from time to time. This agreement does not
provide for carriage and termination of any calls by ILDO/BSNL
respectively where carriage indicator parameter is "NO
CHARGE". If the charge indicator parameter in
ACM/ANM/CPG/CON is received as "NO CHARGE", BSNL and ILDO
reserve the right to reject the call.
2.4.2 For CCS7 interworking, 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.
2.4.3 TS `0' shall be used for synchronization and TS `16' shall be
used for the purpose of signaling.
2.4.4 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.
2.4.5 Basic error correction (layer 2) method shall be used.
2.4.6 BSNL's signaling network shall be used only for such calls for
which voice path is being established through BSNL's network.
Messages on CCS7 links shall remain limited to mandatory
messages, which relate to call set up and release.
2.5 TRAFFIC
The traffic on the junction between the BSNL 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.
2.6 SYNCHRONISATION
ILDO shall be responsible for synchronizing his Exchange with
BSNL'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 BSNL to the ILDO.
2.7 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.
2.8 ALLOCATION OF PERFORMANCE PARAMETERS
2.8.1 CCS 7 performance parameters shall conform to the National
CCS7 Plan R/NSP-01/01 Sep. 94.
2.8.2 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.
2.9 NETWORK INTERCONNECTIVITY
2.9.1 DIVERSITY
2.9.1.1 Analogue routing shall normally not be permitted.
2.9.1.2 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.
2.9.1.3 Both way trunks (BWT) shall be used.
2.9.1.4 Provision of number of interconnect links in a particular
direction shall be dimensioned for a grade of service as
specified by BSNL or TEC from time to time. All the
interconnect links shall be provided as per the rates
prescribed in Chapter 6 subject to change from time to time.
2.10 CIRCUIT SELECTION
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. BSNL 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 inter-working/interfacing, it may be discussed
and an agreement arrived at separately.
2.15 ETWORK 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 to detect
signals outside the inter-working specification of TEC
No.G/PNI-03/01 Sept. 95 referred above.
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/BSNL that network integrity is protected and
maintained.
2.16 PROTECTION
It shall be ensured that in case the transmission of voice
signals to BSNL/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.
CHAPTER-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. BSNL 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 level-I TAX,
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 Clause 2.1.2 and as per Clause 6.1.1 herein
below, ILDO shall be responsible for providing the required
transmission links to and from BSNL's network at permitted
interface points at Level-I TAX initially as well as for
augmentation from time to time. However, in case ILDO requests
BSNL in writing to provide such links, to interconnect ILDO's
network to BSNL's network, then BSNL, may accept such request
and set up the link upon payment of charges as may be
prescribed by BSNL 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, BSNL will issue a xxxx based on the accepted
interconnect capacity demand, calculated as per Chapter-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,
BSNL 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 BSNL 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 Chapter-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
BSNL 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 BSNL if these
are not put to full use by ILDO and BSNL 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 BSNL 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 BSNL
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.
ii) 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
1000 x 0.5 x 12 x 5
v) Amount of L/D charges = ------------------- = Rs. 300
100
(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 BSNL
from the obligation to deliver the ordered connections to the
ILDO. In exceptional cases where the delay is beyond 30 days,
BSNL 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 BSNL) 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 BSNL, then
ILDO shall pay, on demand, to BSNL 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 Chapter-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 BSNL. In the event of cancellation of an
order for interconnection more than 30 days after its
placement, ILDO shall pay cancellation charges to BSNL as
provided in Annexure- 3 hereto.
The amount deposited by ILDO in accordance with paragraph
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
BSNL to that effect. BSNL 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 BSNL 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 Chapter-8.
3.5.3 A removal certificate will be issued by BSNL 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 BSNL shall be as prescribed in Chapter-6 in
respect of such capacity. In the case of links provided on
Rent & Guarantee basis, the prevalent terms and conditions of
BSNL for Rent & Guarantee cases, will apply.
3.6 TRAFFIC FORECAST
3.6.1 The content of the traffic forecast at each POI/Location shall
be as follows:-
- Traffic from ILDO to BSNL.
- Traffic from BSNL to ILDO's network. It will be taken
as 25% of the traffic forecast from ILDO to BSNL
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 BSNL's / ILDO's network/system is introduced
to comply with international standards and national standards,
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.
CHAPTER-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 BSNL 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. BSNL 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 Chapter - 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 BSNL 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 BSNL.
4.2.4 In Case BSNL shall require and demand any testing equipment /
facilities from ILDO to carry out required interconnect tests,
the same shall be provided by ILDO.
CHAPTER-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.
iv) 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.
5.5 REVIEW MEETINGS
5.5.1 Review meetings shall be held normally at an interval of 4
months at appropriate level at the headquarters of the ILDO or
at the headquarters of Circles in which the international
gateway of ILDO is located and interconnected with the Level-I
TAX of BSNL, to sort out various interconnect and network
related problems affecting the interconnectivity.
CHAPTER-6
INTERCONNECTION CHARGES
6.1 INTERCONNECTIVITY TO BSNL NETWORK.
6.1.1 Provision of links to interconnect ILDO's network with BSNL's
network at the technically feasible interconnecting exchange
will be the responsibility of the ILDO as provided under
Clause 2.1.2.
6.1.2 The cost of terminating equipment including devices for
measurement of traffic/revenue share specifically asked for by
ILDO at the POI shall be payable by ILDO.
6.2 CONNECTION CHARGES
6.2.1 SET UP COST
ILDO shall pay to BSNL one time charge @ Rs 1,00,000/- per POI
location per occasion for set up of POIs towards
configuration, testing and commissioning charges.
6.2.2 PORT CHARGES
------------------------------------------------------------------------------------------------
Annual interconnect port charge per PCM
termination (excluding the cost of
S.N. Demand for No. of PCMs from the ILDO as infrastructure viz land, Building,
accepted by BSNL in an exchange on each air-conditioning etc for interconnect link)
occasion (In Rupees)
------------------------------------------------------------------------------------------------
1 1 to 16 PCMs N*55,000
------------------------------------------------------------------------------------------------
2 17 to 32 PCMs 8,80,000 + (N-16)*30,000
------------------------------------------------------------------------------------------------
3 33 to 64 PCMs 13,60,000 + (N-32)*20,000
------------------------------------------------------------------------------------------------
4 65 to 128 PCMs 20,00,000 + (N-64)*15,000
------------------------------------------------------------------------------------------------
5 129 to 256 PCMs 29,60,000 + (N-128)*14,000
------------------------------------------------------------------------------------------------
Note: `N' above refers to the number of `ports' provided by
BSNL to ILDO within the capacity ranges under the column `No.
of Ports'.
6.2.3 OTHER CHARGES
6.2.3.1 It shall not be mandatory for BSNL to provide any
infrastructure to ILDO which ILDO itself is supposed to
arrange.
6.2.3.2 For the infrastructure referred to in Clause 2.1.10 like space
in BSNL'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 BSNL
from time to time separately.
6.2.3.3 Irrespective of what has been mentioned in Clause 2.1.10
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 BSNL. 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 BSNL 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 BSNL end will be
charged from the ILDO along with the rental for space and
other infrastructure such as AC, power etc. BSNL 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 BSNL'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 prescribed in SCHEDULE-I.
6.3.2 REVIEW
The incoming and outgoing rates as above are valid until
31-03-2003. 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) The total outgoing traffic volumes exceeds the
incoming volume in any month.
(iii) CAC is introduced whereby the subscriber is able to
directly select the ILDO.
(iv) Mutual agreement between the two interconnecting
operators.
(v) In case significant reduction in customer tariff as
announced by other ILDOs.
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 BSNL 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
BSNL. 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 BSNL the charges as decided by BSNL 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 BSNL at the location of the POI.
CHAPTER-7
INTERCONNECT BILLING SYSTEM
7.1 XXXX INFORMATION
7.1.1 BSNL shall provide to ILDO information relating to detailed
billing/trunk group bulk billing as may be reasonably required
for ascertaining the charges payable by ILDO under this
agreement on monthly basis.
7.1.2 The BSNL or the ILDO shall have the right in case of dispute,
having given the other not less than 10 clear and working days
advance written notice to such effect, to receive the relevant
books and/or detailed records of successful calls 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.
7.1.3 Each party shall keep all books and records relating to
Billing Information provided by it to the other, in respect of
access charges (Schedule-I) 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.
7.1.4 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. Either party shall
be responsible to cover its liability for payment of taxes
imposed by the Central or State Government, as the case may
be.
7.2 ISSUE OF BILLS
7.2.1 The xxxx shall be issued by Maharashtra Circle of BSNL to Sr.
General Manager (TA) at Corporate office, VSNL, Mumbai for all
the POIs for the net traffic after deducting the charges
payable for the outbound traffic. The respective POIs shall
send the complete billing information to Maharashtra Circle
for this purpose. The xxxx shall be issued on monthly basis
and shall be payable within 15 day of the date of issue. All
payments shall be by way of check/demand draft in favor of the
designated authority of Maharashtra Circle, BSNL, drawn at the
branch of any scheduled bank in Mumbai. This Clause shall be
revised whenever dynamic carrier selection for ILD is
introduced and subscriber billing is carried out by the ILDO.
7.2.2.1 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 BSNL and paid by the ILDO at the intervals
specified in this agreement.
7.3 TERMS OF PAYMENT
7.3.1 BSNL 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 Check/Demand
Draft in favor of the designated authority of
Maharashtra Circle, BSNL, drawn at the local branch
of any scheduled bank in Mumbai.
iii) All payments due to BSNL 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 except in cases where
additional billing becomes necessary due to the
tariffs/rates changes notified subsequently with
retrospective effect by the appropriate authority.
7.3.2 (i) If due payment is not received within the specified
period outlined in the xxxx, the BSNL shall have a
right to obtain payment through encashment of bank
guarantee which shall be provided by the ILDO in
favor of BSNL. 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 BSNL 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 the ILDO, interest will be
charged on the due amount at the following rates:
--------------------------------------------------------------------------------
Period of Delay Interest Rate (per annum)
--------------------------------------------------------------------------------
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%
A. 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 BSNL 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 BSNL 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 also shall be subject to dispute
resolution mechanism as specified in the Interconnect
Agreement. However, ILDO shall pay to BSNL 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
BSNL 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 BSNL 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 BSNL.
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 BSNL 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 BSNL along with all
his relevant records based on which the ILDO disputes the xxxx
issued by BSNL. The ILDO shall, in consultation with the
designated authority of BSNL, 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 BSNL interface point shall
have precedence over the records of the ILDO. If after
consultation, it is found that the xxxx issued by BSNL 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 BSNL shall discontinue the use of its facilities by
the ILDO immediately on occurrence of this default.
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 BSNL 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 for 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 200
crores valid for one year to Corporate Office of BSNL 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 office of BSNL for each POI in
the prescribed performa. Upon receipt of Bank guarantees as
above, the initial bank guarantee shall be released. The
requisite performa, term and condition for the bank guarantee
are enclosed as Annexure- V.
CHAPTER-8
DISPUTES AND ARBITRATION
8.1 DISPUTES OTHER THAN BILLING DISPUTES
8.1.1 Both parties shall use their best efforts in good faith and
best intention to resolve disputes 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.
8.1.2 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
statue, 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.
8.1.3 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.
CHAPTER-9
9.1 LIABILITY, INDEMNITY AND INTELLECTUAL PROPERTY RIGHTS
9.1.1 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.
9.1.2 Either party must not use a trademark belonging to another
party as a trade xxxx without the prior written consent of
that other party.
9.1.3 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.
9.1.4 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.
9.1.5 The conveyance of information between BSNL 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
BSNL/ILDO'S NETWORK INFORMATION
1. ILDO INFORMATION
1.1 Name(s) and Postal address of ILDO'S gateway exchanges.
2. BSNL INFORMATION (to be provided by BSNL)
2.1 Names and Postal address of Level-I TAXs.
ANNEXURE 2
DEMAND FOR INTERCONNECT CAPACITY
(TO BE FURNISHED BY THE ILDO/BSNL)
A. Name of XXXX
X. Name of ILDO's Exchange
C. BSNL's Level-I TAX
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 Gateway Switch
to BSNL Level-I TAX
---------------------------------------------------------------------------------------
BSNL Level-I TAX This will be taken as 25% of the traffic forecast from ILDO to
to ILDO Gateway BSNL as mentioned above.
Switch
---------------------------------------------------------------------------------------
Signature of ILDO/BSNL:
Date:
Acknowledgement by BSNL/ILDO:
Date:
Note 1: CCS7 signaling is supported by BSNL's new technology switches
e.g. XXX-00, XXXX, XXX-000, Fetex 150 & 5ESS switches.
ANNEXURE - 3
CANCELATION 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 BSNL.
-------------------------------------------------------------------------------
CANCELLATION
CANCELLATION CHARGE
AFTER RECEIPT AS A PERCENTAGE
OF FIRM DEMAND OF 1 YEAR'S
(NUMBER OF DAYS) CONNECTION CHARGE *
-------------------------------------------------------------------------------
0-90 days 50%
more than 90 days 100%
-------------------------------------------------------------------------------
*As defined in Chapter 6.
Note: In case of links provided on Rent and Guarantee basis, the above
cancellation charges will not be applicable and BSNL's standard R&G
terms will apply.
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 2.2.3.2 may be referred in this regard.
ANNEXURE - 5
PROFORMA OF BANK GUARANTEE
To
M/S BHARAT XXXXXXX XXXXX LIMITED,
__________________ Telecom Circle,
__________
In consideration of Bharat Xxxxxxx Xxxxx Limited (hereinafter called
the `BSNL') agreed to interconnect its network with that of M/s
______________________________ licensed to provide International Long Distance
services in India (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 Service telecom
network of the ILDO, in accordance with the agreement (hereinafter referred to
as `the agreement') No : _____________ dated ___________ entered into between
BSNL and ILDO, which inter-alia provides for production of bank guarantee to the
extent of Rs _______________ (Rupees _______________ only) under the said
agreement by way of security for payment of various amounts receivable by BSNL
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 BSNL that the ILDO shall
pay without demur all the amount of the dues under the interconnect agreement
whenever called upon to pay by the BSNL.
2. We, the BANK, hereby undertake to pay to the BSNL an amount not
exceeding Rs _____________ (Rupees ________________ only) against any non
payment of any amount by ILDO to BSNL 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 _____________ (Rupees
__________________________ only) to the BSNL immediately without demur and
objections and without reference to ILDO and without questioning the right of
BSNL to make such demand or the propriety or legality of the demand, merely on
demand of the BSNL 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 BSNL
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
(a) 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 BSNL by virtue of the said agreement
have been fully paid and its claim satisfied or discharged or till BSNL
satisfies that the terms and conditions of the said agreement have been fully
complied with and accordingly discharges this guarantee.
(b) The BSNL 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
BSNL 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 BSNL or any indulgence by the BSNL
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.
(c) 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 BSNL 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.
(d) This guarantee shall be irrevocable and the obligations of the BANK
herein shall not be conditional to any prior notice by the BSNL or by the ILDO.
6. The BANK undertakes not to revoke this guarantee during its currency
and any extension thereof except with the previous consent of BSNL in writing
and agree that any change in the constitution of BSNL 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) BSNL 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,
BSNL shall retain minimum per minute charge as below:
ISD calls terminated in Minimum Per minute retention of BSNL
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 BSNL retrospectively from
the date of applicability of such lower rates to any other service
provider mentioned above under the same terms and conditions as may
have been offered to other such service providers.
(iv) ILDO shall pick up the traffic from the Points of Interconnection at
gateway TAXs designated by BSNL which shall be the nearest Level-1 TAX
located in the same circle, to the ILDO gateway.
(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 BSNL to
ILDO.
(vii) The applicable unit (pulse rate) for measurement of said minutes shall
be 1 second.
(viii) ILDO shall accept and carry calls to any destination in the world as
offered to it by BSNL.
(ix) BSNL shall xxxx and collect the charges for ISD calls originated in
BSNL'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 BSNL a per minute
charge for carriage and termination as per the details given below :-
-------------------------------------------------------------------------------------
FOR TERMINATION INTO DISTANCE (in kms) TOTAL CHARGE RS. PER MINUTE
FIXED TELEPHONES [From BSNL's designated (0000 hrs - 2400 hrs)
level-I TAX (having PoI
with PoP of ILDO)]
--------------------------------------------------------
0 - 50 [Text Redacted]
--------------------------------------------------------
50 - 200 [Text Redacted]
--------------------------------------------------------
200 - 500 [Text Redacted]
--------------------------------------------------------
> 500 [Text Redacted]
-------------------------------------------------------------------------------------
FOR TERMINATION INTO WLL (M) AND GSM [Text Redacted]
TELEPHONES
-------------------------------------------------------------------------------------
Note 1:
a. For calls terminating in the SDCA in which gateway of ILDO is
located, the charges payable by ILDO to BSNL shall be [Text
Redacted] per minute.
b. For calls terminating at any place outside the SDCA in which
gateway of ILDO is located, the charges as per above table
shall apply.
c. 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.
d. The charges are independent of originating point for calls.
e. The applicable unit (pulse rate) for measurement of said
minutes shall be 1 second.
(ii) ILDO shall deliver all the incoming international calls meant for BSNL
at POI at the nearest gateway TAXs designated by BSNL, and further
carriage from the POI to the final destination shall be done by BSNL
(iii) If ILDO contracts a higher charge to another BSO/CMSP or NLDO under
certain terms and conditions, the same shall apply to BSNL 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 BSNL 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
(iv) In case of use of BSNL'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 and any charge to be paid to the other
BSO/CMSPs shall be settled by BSNL. However, volume discount, if any,
shall not be applicable on such calls. Such calls shall be handed over
to BSNL by ILDO on separate trunk group.
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 BSNL
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)
(c) [Text Redacted] million minutes / month [Text Redacted] (on the total volume)
(d) [Text Redacted] million minutes and above [Text Redacted] (on the total volume)
BHARAT XXXXXXX XXXXX LIMITED
(A Government of India Enterprise)
R&C Section, Corporate Office
New Delhi
No.3-14/2002-R&C Dated: 20-07-2002
TARIFF CIRCULAR
SUB: ISD TARIFF -REG.
It has been decided to reduce the ISD call charges as under:
2. The existing tariff for ISD pulses (in seconds ) and timings intimated
vide circular of even number and dated 14.3.2002 is revised as under:
E.3 ISD PULSES & TIMINGS
E.3 (A) ISD PULSES (IN SECONDS)
PEAK HOUR OFF PEAK HOUR
--------------------------------------------------------------------------------------------------------------
Country Category PULSE RS/MIN PULSE RS/MIN
(IN SECS) * (IN SECS) *
----------------- ----------------------------------------- ------------- ----------- ------------ -----------
Slab - I SAARC & other neighboring countries 3.4 21.18 4.0 18.00
----------------- ----------------------------------------- ------------- ----------- ------------ -----------
Slab - II Countries in Africa, Europe, Gulf, Asia 3.0 24.00 3.4 21.18
& Oceania
----------------- ----------------------------------------- ------------- ----------- ------------ -----------
Slab - III All countries in American Continent & 3.0 24.00 3.4 21.18
other places in Western Hemisphere
----------------- ----------------------------------------- ------------- ----------- ------------ -----------
* based on unit call rate of Rs. 1.20. For other unit call rates the amount may
vary.
E.3 (b): PEAK & OFF PEAK TIMINGS (I.S.T.)
Countries PEAK HOURS OFF PEAK HOURS
------------------------------------------------------------- -------------------------- -------------------------
A USA & all other countries in American 0600-1100 HRS 0000-0600 HRS
sub-continent 1800-2400 HRS 1100-1800 HRS
------------- ----------------------------------------------- -------------------------- -------------------------
B European Countries 1100-2200 HRS 0000-1100 HRS
2200-2400 HRS
------------- ----------------------------------------------- -------------------------- -------------------------
C Rest of the Countries 0800-1900 HRS 0000-0800 HRS
1900-2400 HRS
------------- ----------------------------------------------- -------------------------- -------------------------
E.3 (c): CONCESSION ON SUNDAYS & NATIONAL HOLIDAYS: ON SUNDAYS AND NATIONAL
HOLIDAYS (I.E., 26TH JANUARY,15TH AUGUST & 2ND OCTOBER) ALL 24 HOURS SHALL BE
OFF PEAK HOURS
3. The revised pulses as above are applicable with effect from 23.7.2002
(0000 hours on the mid night of 22nd & 23rd July, 2002) and shall apply
to trunk calls as well. The above tariff may kindly be brought to the
notice of all concerned, and necessary steps taken for its proper
implementation. Hindi version will follow.
(Xxxxx Xxxxx)
Joint Deputy Director General (T&C)
Tel: 000 0000
To: All CGMs- Telecom Circles/Telephone Districts (1-25)
Copy for information to :-
26. CMD, XXXX
00. Directors - O,P,F, HRD, C&M
28. All Sr.DDsG/DDsG, DOT/BSNL
29. CGM, Maintenance/Projects
30. CGM, T&D Circle, Xxxxxxxx/
00. CGM, NCES, New Delhi
32. CGM, ALTTC, Ghaziabad/BRBRAITT, Xxxxxxxx.
00. CGM, Data Net Work, Noida.
34. Director General P&T Audit, Delhi - 110054.
35. All P&T Audit offices
36. Jt.DDG/Directors - PHA/PHB/PHE/ERU/TR/T-1/T-2/regln./Inspt/Comml/MSE
37. OL section, for arranging Hindi version stencils
38. Guard files
(X.X.Xxxxxx)
Asst.Director General (Costing-II)
Tel. 000 0000
