Exhibit 10.15
Contract on the transfer of control over CFLs
Agreement
regulating the provision of and
transferring control over carrier fixed links
for the FirstMark network
between
FirstMark Communications Deutschland GmbH
Xxxxxx Xxxxxxx 000/000, 00000 Xxxxxx
represented by the company management
Xx. Xxxxxx Xxxxx
HEREINAFTER REFERRED TO AS: "FIRSTMARK"
and
Deutsche Telekom XX
Xxxxxxxxx-Xxxxx-Allee 140, 53113 Bonn
represented by the board of directors
and the latter represented by
Business Office East, Carrier Services
Behlert Strasse 3A, 14467 Potsdam
HEREINAFTER REFERRED TO AS: "TELEKOM"
Contract on the transfer of control over CFLs
LIST OF CONTENTS
LIST OF CONTENTS 2
OVERVIEW OF THE CONTRACT STATUS 7
1 INTRODUCTION 8
2 TERMINOLOGY DEFINITIONS 8
3 DESCRIPTION OF THE SERVICES OFFERED BY TELEKOM 8
4 PROVISOS WITH RESPECT TO SERVICE CHANGES 9
5 QUALITY, SERVICE 9
6 REMUNERATION / PAYMENT MODALITIES 9
6.1 EURO CLAUSE 9
6.2 CHARGING PRINCIPLES / REMUNERATION AMOUNTS 9
6.3 EMERGENCE OF REMUNERATION DEMANDS 9
6.4 RAISING OF INVOICES 10
6.5 DUE DATE 10
6.6 UNDUE DELAY IN PAYMENT 10
6.7 OBJECTIONS 10
6.8 STATUTE OF LIMITATIONS 11
6.9 SET-OFF / RIGHT OF RETENTION 11
6.10 CHANGES IN REMUNERATION OF TELEKOM 11
7 LIABILITY 12
8 TERMINATION OF THE AGREEMENT 12
9 CONFIDENTIALITY ARRANGEMENT 13
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Contract on the transfer of control over CFLs
10 APPLICABLE LAW / LEGAL DISPUTES / PLACE OF JURISDICTION 14
11 ADJUSTMENT AND INVALIDITY CLAUSE 14
12 CONCLUDING STIPULATIONS 14
ENCLOSURE A TERMINOLOGY DEFINITIONS 1
ENCLOSURE B CARRIER FIXED LINKS (CLFs) OF TELEKOM 1
1 SERVICE DESCRIPTION 2
2 BASIC TECHNICAL CONDITIONS 4
3 ASSISTANCE OBLIGATIONS 4
4 QUALITY 5
5 PRICES 5
ENCLOSURE C ADDITIONAL SERVICES OF TELEKOM 1
1 SERVICE DESCRIPTION 2
1.1 RELOCATION, REPLACEMENT AND MODIFICATION OF THE TERMINATION EQUIPMENT OR
OF THE TERMINAL LINE 2
1.2 ASSURANCE OF INCREASED NETWORK RELIABILITY IN CASE OF A BREAKDOWN 2
1.3 SECTIONAL TWO-WAY ROUTING IN THE EXCHANGE AREA 3
1.4 DELIVERY-TIME CONFIRMATION FOR SHORT-TERM SERVICES 3
1.5 INSTALLATION OF THE CLFs IN A MANNER DEVIATING FROM THE STANDARD
INSTALLATION REGULATIONS 4
1.6 PERFORMANCE OF A JOINT TEST SIMILAR TO THE TEST ON DELIVERY OF CLFs 4
1.7 SUPPLEMENTARY SYSTEMS (ONLY IN CONNECTION WITH ITEM 1.2 AND/OR 1.3) 4
1.8 FOUR-HOUR EXPRESS TROUBLESHOOTING 4
1.9 EIGHT-HOUR TROUBLESHOOTING 5
1.10 PRELIMINARY INVESTIGATION OF SITES WHICH ARE PARTICULARLY REMOTE OR
DIFFICULT TO DEVELOP 5
1.11 DEVELOPMENT OF PARTICULARLY REMOTE SITES 5
1.12 DEVELOPMENT OF SITES WHICH ARE PARTICULARLY DIFFICULT TO DEVELOP 5
1.13 CAPACITY UPGRADE 6
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Contract on the transfer of control over CFLs
1.13.1 Upgrade of CFLs of up to and including 2Mbit/s 6
1.13.2 Upgrade of CFLs of over 2Mbit/s 6
1.14 MALFUNCTION IN THE AREA OF RESPONSIBILITY OF FIRSTMARK 7
2 PRICES 7
ENCLOSURE D PRICE SYSTEM FOR DIGITAL CFLs OF TELEKOM 1
1 GENERAL INFORMATION ON THE PRICE SYSTEM FOR DIGITAL CLFs 2
2 RENTAL PERIODS 2
2.1 SINGLE-ENDPOINT RELOCATION OF CFLs HAVING A PRIVILEGED RENTAL PERIOD 2
2.2 SINGLE-ENDPOINT RELOCATION OF CFLs NOT HAVING A PRIVILEGED RENTAL PERIOD 2
3 PRICE LIST FOR TELEKOM CFLs 3
3.1 PRICE SYSTEM 3
3.1.1 Remuneration in the connection-line network: 3
3.1.2 Remuneration in the link-line network: 4
3.1.3 Remuneration amounts for collocation supply points 4
3.2 BASIC CHARGES 5
3.3 PRICE-REDUCTION SYSTEM 14
3.3.1 Rental-period price reduction 14
3.3.2 Sales-price reduction 15
3.3.3 Package price reduction 18
ENCLOSURE E PRICE LIST FOR ADDITIONAL SERVICES OF TELEKOM 1
1 RELOCATION, REPLACEMENT AND MODIFICATION OF THE TERMINATION EQUIPMENT
OR TERMINATION LINE AT THE REQUEST OF FIRSTMARK 2
2 INCREASED NETWORK RELIABILITY 2
3 SECTIONAL TWO-WAY ROUTING IN THE CONNECTION-LINE AREA 2
4 DELIVERY-TIME INFORMATION FOR SHORT-TERM SERVICES 2
5 INSTALLATION OF THE CFLs IN A MANNER DEVIATING FROM THE STANDARD 2
INSTALLATION REGULATIONS (SPECIAL CONSTRUCTION)
6 PERFORMANCE OF A JOINT TEST SIMILAR TO THE TEST ON DELIVERY OF 2
CFLs MALFUNCTIONS IN THE FIRSTMARK AREA AND JOINT TEST ON
PROVISION OF CFLs)
7 SUPPLEMENTARY SYSTEMS (ONLY IN COMBINATION WITH ITEMS 2 AND 3) 3
8 FOUR-HOUR EXPRESS TROUBLESHOOTING 3
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Contract on the transfer of control over CFLs
9 EIGHT-HOUR EXPRESS TROUBLESHOOTING 4
10 PRELIMINARY INVESTIGATION FOR SITES WHICH ARE PARTICULARLY REMOTE OR
DIFFICULT TO DEVELOP 4
11 DEVELOPMENT OF PARTICULARLY REMOTE SITES 4
12 DEVELOPMENT OF SITES WHICH ARE PARTICULARLY DIFFICULT TO DEVELOP 5
13 CAPACITY UPGRADE 5
13.1 UPGRADE OF CLFs UP TO AND INCLUDING 2MBit/s 5
13.2 UPGRADE OF CLFs LARGER THAN 2MBit/s 5
14 MALFUNCTION IN THE RESPONSIBILITY AREA OF FIRSTMARK 5
ENCLOSURE F QUALITY / TROUBLESHOOTING 1
1 QUALITY 2
2 TROUBLESHOOTING 3
2.1 STANDARD SERVICE 3
2.2 PROCEDURE IN THE CASE OF MALFUNCTIONS 3
2.3 DELAYED TROUBLESHOOTING 3
2.4 ESCALATION PROCESS FOR THE TROUBLESHOOTING PROCEDURE 4
2.4.1 Escalation stages 4
2.4.2 Launching of the escalation procedure 5
2.4.3 Continuation of the escalation procedure 5
2.4.4 Time limits in the escalation procedure 5
3 MEASURES WHICH CAN BE PLANNED 6
ENCLOSURE G PROVISION OF CLFs BY TELEKOM / ASSISTANCE OBLIGATIONS 1
OF FIRSTMARK
1 PROVISION 2
1.1 PROVISION TIME LIMITS AND DEADLINES 2
1.2 PROVISION PROCESS 2
1.2.1 Inspection 2
1.2.2 Installation 3
1.2.3 Test 4
1.2.4 Delivery 5
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Contract on the transfer of control over CFLs
1.3 CONSEQUENCES OF DELAYED PROVISION 6
1.3.1 Where FirstMark is responsible for the delay 6
1.3.2 Where Telekom is responsible for the delay 6
1.4 ESCALATION PROCESS SPECIFIC TO THE PROVISION PROCEDURE 7
1.4.1 Escalation stages 7
1.4.2 Launching of the escalation procedure 7
1.4.3 Continuation of the escalation procedure 7
1.4.4 Time limits in the escalation procedure 8
2 ASSISTANCE OBLIGATIONS 8
2.1 FOR THE PLANNING OF CLFs 8
2.2 FOR THE INSTALLATION AND OPERATION OF CLFs 9
ENCLOSURE H ORDERING / TERMINATION OF CLFs 1
1 ORDERING 2
1.1 DELIVERY-TIME INFORMATION 2
1.2 ORDERING OF CLFs 2
1.3 ORDERING OF ADDITIONAL TELEKOM SERVICES 3
1.4 CANCELLATION / MODIFICATION OF AN ORDER 4
2 TERMINATION 5
2.1 GENERAL 5
2.2 TERMINATION OF CLFs NOT HAVING A BINDING RENTAL PERIOD 5
2.3 TERMINATION OF CLFs HAVING A PRIVILEGED RENTAL PERIOD 6
2.4 TERMINATION OF THE SERVICES "EXPRESS TROUBLESHOOTING" AND 6
"INCREASED NETWORK RELIABILITY / SECTIONAL TWO-WAY ROUTING"
2.5 COUPLING OF PROVISION AND TERMINATION OF CLFs 6
ENCLOSURE I CONTACT PERSON FOR TRANSFERRING CONTROL OVER CLFs 1
ENCLOSURE J INSPECTION PROTOCOL AND ORDER FORM 1
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Contract on the transfer of control over CFLs
OVERVIEW OF THE CONTRACT STATUS
The agreement was reached on the ______________ 2000 and updated with the
following changes:
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Contract on the transfer of control over CFLs
1 INTRODUCTION
FirstMark is a provider of telecommunications services for the public and
proprietor of a license in accordance with ss. 6 paragraph 1 TKG (German
telecommunications law).
This agreement regulates the provision of and transferring of control over
carrier fixed links (CFLs) by Telekom to FirstMark for the operation of a
telecommunications network for the public (FirstMark network). In this contract,
the main part contains the general agreement conditions. Technical and
operational detailed provisions, service descriptions, prices, notes for
organisational processing and other detailed provisions are - both for editorial
reasons and in the interests of facilitating simpler modification in future
attached in the form of enclosures and are such a component of the agreement.
The provisions of this agreement apply subject to regulatory stipulations to the
contrary and objection rights of the regulation authorities. In the case of
legal stipulations or stipulations of subordinate legislation, both parties to
the agreement shall be obliged to adapt arrangements of this agreement
conflicting with those of the regulation authorities.
2 TERMINOLOGY DEFINITIONS
For the interpretation of the terminology used in this agreement and in its
enclosures, the definitions used in Enclosure A - Terminology definitions -
shall be employed, unless different definitions arise from the relevant context.
3 DESCRIPTION OF THE SERVICES OFFERED BY TELEKOM
Telekom shall render its services in the scope of the technical and operational
possibilities available to it which correspond with the current state of the art
of technical development, in particular taking into consideration the ETSI /
ITU-T recommendations / standards.
The carrier fixed links (CFLs), which are provided on the basis of this
agreement for the extension of the FirstMark network by Telekom, are defined in
Enclosure B - Carrier fixed links (CFLs) of Telekom.
A prerequisite for the provision of a CFL by Telekom is that at least one end of
the transmission route is situated in the licence area of FirstMark and that
equipment belonging to the carrier is connected to at least one end of the
transmission route.
In addition to the CFLs, Telekom shall render additional services following
agreement in writing and shall invoice these separately. These services are
defined in Enclosure C - Additional services of Telekom.
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Contract on the transfer of control over CFLs
4 PROVISOS WITH RESPECT TO SERVICE CHANGES
In the light of technical progress, international agreements and
recommendations, European legislation, other legal stipulations and stipulations
of subordinate legislation, general organisational measures etc., Telekom is
entitled to demand changes in the description of procedures related to these
matters and in the scope of its services. In each case, the changes shall only
take effect if the other party to the agreement has given his or her explicit
consent in writing. The said party shall not refuse consent if the relevant
change measure is reasonable to him or her and the essential contents of the
service obligation are not adversely affected.
5 QUALITY, SERVICE
The quality and troubleshooting of the carrier fixed links is covered in
Enclosure F - Quality / troubleshooting.
6 REMUNERATION / PAYMENT MODALITIES
6.1 EURO CLAUSE
The parties to the agreement are agreed that from 1 April, 2000 the business
relationship based on this agreement shall be carried out in the currency euros.
6.2 CHARGING PRINCIPLES / REMUNERATION AMOUNTS
In the schedule of charges for services under this agreement, a distinction is
drawn between remuneration for the utilisation of CFLs and remuneration for the
utilisation of additional services.
Enclosure D - Price system for digital CFLs of Telekom - and Enclosure E -
Prices for additional services of Telekom - cover this matter in more detail.
In all remuneration amounts, the statutory sales tax (VAT) is not included.
6.3 EMERGENCE OF REMUNERATION DEMANDS
A remuneration demand is the case where nothing else has been specially agreed
- in the case of remuneration amounts which are invoiced for a time
period, at the beginning of this time period;
- in the case of non-recurring remuneration, following provision of the
telecommunications service.
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Contract on the transfer of control over CFLs
6.4 RAISING OF INVOICES
Telekom shall raise an invoice to FirstMark for the rendered telecommunications
services and the applicable statutory sales tax (VAT) shall be indicated clearly
on the invoice.
6.5 DUE DATE
The remuneration demands shall be due on receipt of the invoice.
Payment shall be regarded as punctual if the invoiced amount has been credited
to one of the bank accounts specified on the invoice at the latest on the
thirtieth calendar day following receipt of the invoice.
6.6 UNDUE DELAY IN PAYMENT
If the full invoiced amount has not been paid at the latest after the payment
time limit has elapsed and where objections have not been raised in accordance
with Item 6.6, the undue delay in payment shall commence after the first written
reminder.
If an undue delay in payments by FirstMark is the case, the following damages
shall be payable:
- interest on arrears at a rate of 4 percentage points above the base
rate of the European Central Bank valid during the period of the
arrears (ss. 1 Discount-rate transitional law);
- the costs which have been incurred to Telekom for every reminder
following the commencement of the undue delay.
If, two months following commencement of the undue delay, FirstMark has not paid
more than 20 % of the remuneration due, Telekom shall be permitted to terminate
the agreement without adherence to a period of notice and, in the case of
agreements having a binding rental period, demand payment of damages in a single
lump-sum amount equivalent to one quarter of the remaining monthly prices due
until expiry of the regular term of agreement. The validity of the main
agreement and also of the remaining contractual relationships shall remain
unaffected by the termination of the individual contractual relationships.
Telekom shall retain the right to assert further legal claims arising from undue
delay of payments.
6.7 OBJECTIONS
Objections to the invoiced demands must be raised in writing within 30 calendar
days following receipt of the invoice by the department specified in Enclosure 1
if the circumstances on which this objection is based have become clear within
the above-
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Contract on the transfer of control over CFLs
mentioned time limit. After the elapse of one year following receipt of the
invoice, the raising of objections is ruled out. Objections against the invoiced
demands shall only entitle deferment or refusal of payment in the case where it
emerges from the circumstances that obvious errors have occurred and these have
been asserted within the objection time limit.
6.8 STATUTE OF LIMITATIONS
The payment claims of Telekom are subject to a two-year time limit under the
statute of limitations. This time limit shall begin at the end of the calendar
year in which the payment demand arose.
6.9 SET-OFF / RIGHT OF RETENTION
A set-off is only permissible in the case of undisputed claims arising from this
contractual relationship or claims which have been determined in a
legally-binding manner.
A right of retention can only be asserted against claims arising from this
contractual relationship and only with a notification time limit of 20 calendar
days.
6.10 CHANGES IN REMUNERATION OF TELEKOM
Where the relevant remuneration amounts contained in the general terms and
conditions have been used as a basis for remuneration amounts payable for the
services covered by this agreement, these remuneration amounts shall change with
and correspond to the prices contained in these general terms and conditions.
Where the remuneration amounts specified in this agreement are not subject to a
remuneration regulation under the German telecommunications law and the
regulation ordinance on telecommunications remuneration, these remuneration
amounts shall be negotiated freely between the parties to the agreement with the
reservation of using the prices contained in the general terms and conditions as
a basis.
Where remuneration changes requiring approval are the case, these shall be
submitted to the regulation authorities using the procedure specified by the
German telecommunications law.
As soon as the changed remuneration amounts have been approved, they shall also
apply between the parties to the agreement and shall take effect on the approved
date of the change.
Until the approved date of the change, the existing remuneration amounts shall
continue to apply. If the remuneration amounts had previously been approved for
a limited period and if the approval procedure is still not completed on expiry
of the limited period, the existing remuneration amounts shall continue to apply
for the time being.
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Contract on the transfer of control over CFLs
7 LIABILITY
The parties to the agreement are liable - where nothing different is agreed in
the following - in accordance with the general laws subject to the proviso that
the liability for negligently caused pecuniary loss is limited to 25,000 DM for
each injured end customer of the other party to the agreement. The maximum limit
for the total of all damage claims is in this case 20 million DM per case of
injury caused, in accordance with Section 7 paragraph 2 of the ordinance on
telecommunications-customer protection. If the amount of individual injury
exceeds the maximum limit, the damages shall be reduced in a proportion
equivalent to the sum of all damages claims with respect to the maximum limit.
In cases of delayed troubleshooting covered by Enclosure F - Quality /
troubleshooting - and of delayed provision of CFLs covered by Enclosure G -
Provision of CFLs by Telekom - FirstMark shall receive the damages provided for
there. With the exception of deliberate actions or gross negligence by the legal
representatives or management employees of Telekom, additional liability claims
of FirstMark are ruled out in these cases subject to the proviso of imperative
legal provisions.
Liabilities in accordance with the stipulations of the product-liability law
shall remain unaffected by the provisions of this agreement.
The personal liability of the legal representatives and company employees of the
parties to the agreement is ruled out unless the relevant damages were caused
deliberately.
8 TERMINATION OF THE AGREEMENT
Each party to the agreement has the right to terminate the agreement in writing
at any time subject to a three-month period of notice.
This termination shall have no effect on CFLs over which Telekom has already
transferred control to FirstMark before the termination takes effect. For these
CFLs, the contractual provisions and the termination options specially agreed
for these in accordance with Enclosure H - Ordering / termination shall continue
to apply unless FirstMark has ceased to provide telecommunications services for
the public or is no longer the proprietor of the license specified Item 1. In
these cases, the CFLs over which control has been transferred shall be converted
to comparable products commensurate with the general terms and conditions and
which Telekom normally offers its end customers.
Both parties to the agreement have a right to extraordinary termination /
termination without notice for an important reason similar to Section 626 of the
German Civil Code (BGB). The parties to the agreement have a right to
extraordinary termination / termination without notice in particular if
FirstMark no longer offers telecommunications services to the public or is no
longer proprietor of the licence specified in Item 1; the CFLs over which
control has already been transferred shall in this case be converted to
comparable products commensurate with the general terms and conditions and which
Telekom normally offers its end customers.
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Contract on the transfer of control over CFLs
9 CONFIDENTIALITY ARRANGEMENT
FirstMark and Telekom undertake to treat all "confidential" knowledge and
information acquired / gained in preparing the ground for the agreement or in
fulfilling the agreement in a confidential manner and to maintain silence about
this information in their dealings with external third parties.
Confidential information is all information which is explicitly described as
confidential or information whose secrecy requirement is evident from its nature
or from other circumstances.
The parties to the agreement undertake in particular to keep all confidential
information placed at their disposal secret. Subject to the provisos specified
below, they shall not make this information available to third parties and shall
employ it exclusively in the scope of the co-operation described above.
The secrecy obligation shall not apply to information
- which was already known at the time at which it passed on without an
obligation of secrecy,
- which was already published at the aforementioned time or published
later by third parties in cases where this is not due to an action by
the recipient of the information which is not in keeping with the law
or the agreement,
- which was legally obtained by third parties without an obligation of
secrecy or
- which was explicitly cleared by a declaration in writing by both
parties to the agreement or
- which must be revealed under legal informational obligations.
The parties to the agreement shall take all necessary precautions to ensure
secrecy. In particular, they shall only pass on confidential information to
employees who must obtain it on the basis of their duties in the scope of the
co-operation described in the preceding (need to know).
Where the necessity of employing third parties (e.g. suppliers, consultants)
arises in the course of the co-operation between the parties to the agreement
and confidential information is passed on to these third parties, the prior
written notification of the other party to the agreement regarding this is
required. Appropriate written agreements must then be reached with the third
party to ensure adherence to the stipulations of this agreement.
On request, confidential documents including all copies made thereof must be
surrendered. Rights of retention cannot be asserted in this respect.
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Contract on the transfer of control over CFLs
10 APPLICABLE LAW / LEGAL DISPUTES / PLACE OF JURISDICTION
This agreement is exclusively subject to the law of the Federal Republic of
Germany.
The parties to the agreement undertake to first attempt to solve any disputes
which may arise from this agreement to the best of their ability via direct
negotiations.
The place of jurisdiction for legal disputes arising from this agreement is
Bonn, Germany.
11 ADJUSTMENT AND INVALIDITY CLAUSE
If stipulations of this agreement or a stipulation added to it in the future is
completely or partially legally ineffective or is not feasible or loses its
legal effectiveness or feasibility at a later date, the applicability of the
remaining stipulations of the agreement shall remain unaffected by this. The
same applies if it should emerge that the agreement contains a loophole in a
provision. In place of the ineffective or unfeasible stipulations or for the
closing of such a loophole, a different and appropriate provision shall apply
which, where legally possible, is closest to that which the parties to the
agreement desired or would have desired in accordance with the meaning and
purpose of the agreement had they considered the ineffectiveness or
unfeasibility of a stipulation or the provision loophole when concluding this
agreement or when later incorporating a new stipulation.
12 CONCLUDING STIPULATIONS
This agreement shall take effect from the date on which both parties signed it
and is concluded for an indefinite term.
Verbal subsidiary agreements were not concluded. Changes and addenda to this
agreement shall only take effect following mutual written confirmation. The
passing on to third parties of rights and obligations arising from this
agreement shall only be permitted with the consent of the other party to the
agreement.
Two originals of this agreement shall be made. Each party to the agreement shall
receive one original.
Berlin, Germany, 6 April, 2000 Xxxxxxx, Xxxxxxx, 00 April, 2000
FirstMark Communications Deutsche Telekom AG
Deutschland GmbH
/s/ Xx. Xxxxxx Xxxxx /s/ Xxxxxxxxx Xxxxxxxx
---------------------- ------------------------
Xx. Xxxxxx Xxxxx Xxxxxxxxx Xxxxxxxx
/s/ Xxxxxxx Xxxxxxxx /s/ Xxxxx Xxxxx
---------------------- ------------------------
Xxxxxxx Xxxxxxxx Xxxxx Xxxxx
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Contract on the transfer of control over CFLs
ENCLOSURE A
TERMINOLOGY DEFINITIONS
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Contract on the transfer of control over CFLs
For the purposes of this agreement, the following terminology definitions shall
apply:
XXXXXX CASING: A component which, as the endpoint of a CFL,
represents the interface. Several of these
casings can be joined to each other during
installation.
EXCHANGE AREA: Geographical region of the telephone network
for which one network node, to which
telephone connections are connected, is
responsible.
END OF CONNECTION: A section of a CFL which is relevant to
customer charges and which forms a beeline
between a customer endpoint and the
measuring point relevant to customer charges
of the relevant exchange area Telekom.
CONNECTION LINE NETWORK: The entirety of all main, branching and
cross-cable lines which connect the
termination points of the general network
(APL) within a exchange area with one
another or with the main distributor of the
network node.
GENERAL TERMS AND CONDITIONS: The general terms and conditions of Telekom
including the parts "service descriptions"
and "price lists".
ETSI: European Telecommunications Standards
Institute.
FORCE MAJEURE: Force majeure in the context of this
agreement includes unforeseeable events
which cannot be averted by the relevant
party to the agreement in spite of
reasonable care and diligence appropriate to
the circumstances of the case and which
significantly hinder or render impossible
the implementation of the agreed service or
its acceptance. An event in the context of
this provision includes, among other things,
elemental natural events, strikes and
lockouts. This also includes the following
cases: actions or omissions of third parties
not attributable to the parties to the
agreement and persistent ground frost which
renders underground constructional work
impossible.
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Contract on the transfer of control over CFLs
ITU-T RECOMMENDATIONS: Recommendations for the handling of
world-wide telecommunications traffic issued
by an organ of the International
Telecommunications Union (UIT), the
international advisory committee for
telegraphic and telephone services ITU-T;
formerly: CCITT (Comite Consultatif
International Telegraphique et
Telephonique).
COLLOCATION SUPPLY POINT: At a measuring point relevant to customer
charges, a collocation supply point is the
section between a distributor of Telekom and
a collocation room of FirstMark on the same
site of Telekom.
CARRIER FIXED LINK (CFL): A transmission route over which control is
transferred by Telekom to FirstMark for the
purposes of the FirstMark network with the
inclusion of the termination equipment at
both ends.
TRANSMISSION ROUTE: The logical connection between two sites
with a certain number of transmission
channels with a certain transmission
capacity.
SINGLE-ENDPOINT RELOCATION: Relocation of an endpoint of a CFL while the
other endpoint remains the same (Example:
from A-B to A-C). In the process, the
original endpoint (B in the example) must
remain connected with other CFLs of the
customer.
CONNECTION LINE: Connection of the Telekom
schedule-of-charges points.
CONNECTION-LINE NETWORK: The entirety of all lines in the
transmission-route network of Telekom which
connect the exchange locations and
transmission locations with / among one
another.
TRAFFIC RELATIONSHIP: Two sites have a traffic relationship if at
least one transmission route between them
exists or is required.
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Contract on the transfer of control over CFLs
SECTIONAL TWO-WAY ROUTING IN
THE EXCHANGE AREA: Sectional two-way routing is the case if the
CFLs of a traffic relationship are routed in
two separate packages on different lines
between the customer endpoint and the
measuring point relevant to customer charges
of the relevant exchange area of Telekom.
The packages are routed in lines which have
a minimum spacing from one another of
1.50m. At node points of Telekom's general
network, such as cable or cable-channel
lead-ins, the spacing can be less than this
minimum spacing. The lead-in on the
customer's site is governed by the
site-specific agreement. Where possible, the
CFLs of a traffic relationship shall be
routed with equal priority in one package.
With the exception in the case of 3 CFLs;
one package is permitted to contain a
maximum of 60 % of the CFLs of a traffic
relationship. In the case of a breakdown on
one CFL and in the case of operationally
necessary measures, two-way routing can be
temporarily suspended.
COP CS: Central Order Processing, Carrier Services
WORKING DAY: In the scope of this agreement, working days
do not include Saturdays. Furthermore,
public holidays only include those days
which are public holidays simultaneously in
all German federal states.
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Contract on the transfer of control over CFLs
ENCLOSURE B
CARRIER FIXED LINKS (CLFs) OF TELEKOM
List of contents
Chapter 1 Service description
Chapter 2 Basic technical conditions
Chapter 3 Assistance obligations
Chapter 4 Quality
Chapter 5 Prices
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Contract on the transfer of control over CFLs
1 SERVICE DESCRIPTION
Telekom shall realise the provision and operation of carrier fixed links (CFLs)
for the transmission of data and speech for licensed service providers and
carriers.
All CFLs having analogue interfaces are offered exclusively in accordance with
the general terms and conditions (service, prices). These CFLs are ordered
centrally by FirstMark - in the same way as digital CFLs. In addition, central
invoicing shall also be performed for these CFLs with analogue interfaces.
The following CFLs are provided:
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DESCRIPTION SHORT DESCRIPTION OF THE CARRIER FIXED LINKS
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CFL analogue G CFLs with transmission quality
commensurate with the ITU recommendation
M.1040 and 2Dr / 4Dr interfaces.
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CFL analogue 1025 CFLs with transmission quality commensurate with the ITU recommendation
M.1025 and 2Dr / 4Dr interfaces.
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CFL analogue 1020 CFLs with transmission quality commensurate with the ITU recommendation
M.1020 and 2Dr / 4Dr interfaces.
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CFL analogue TG CFLs with transmission quality commensurate with the ITU recommendation
M.1040 with signalling capability, 2Dr / 4Dr /
6Dr interfaces and attenuation LESS THAN OR EQUAL TO 24dB
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Contract on the transfer of control over CFLs
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DESCRIPTION SHORT DESCRIPTION OF THE CARRIER FIXED LINKS
----------------------------------------------------------------------------------------------------------
CFL 64U CFLs with 64 kbit/s unstructured and interfaces as per ITU-T
recommendation G.703.
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CFL 64S CFLs with 64 kbit/s structured and interfaces as per ITU-T
recommendation 1.430 (ETS 300 012).
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CFL S01 / CFL TS01 CFLs with 64 + 16 kbit/s structured and interfaces as per ITU-T
recommendation 1.430 (ETS 300 012) / T = with
telephone-service quality.
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CFL S02 / CFL TS02 CFLs with 64 + 64 + 16 kbit/s structured and interfaces as per ITU-T
recommendation 1.430 (ETS 300 012) / T = with telephone-service
quality.
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CFL 2MS / CFL T2MS CFLs with 1,984 kbit/s structured and interfaces as per ITU-T
recommendation G.703 / G.704 / T = with telephone-service quality.
----------------------------------------------------------------------------------------------------------
CFL 2MU CFLs with 2,048 kbit/s unstructured and
interfaces as per ITU-T recommendation G.703.
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CFL 34M CFLs with 34,368 kbit/s and interfaces as per ITU-T recommendation
G.703.
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CFL 16 x T2MS CFLs with 16 x 1,984 kbit/s structured and interfaces as per ITU-T
recommendation G.703 / G.704 / T = with telephone-service quality.
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CFL 21 x T2MS CFLs with 21 x 1,984 kbit/s structured and interfaces as per ITU-T
recommendation G.703 / G.704 / T = with telephone-service quality.
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CFL 155M CFLs with 155,520 kbit/s SDH-structured (STM1) and interfaces as per
ITU-T recommendation G.703 / G.707-G.709.
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CFL 63 x T2MS CFLs with 63 x 1,984 kbit/s structured and interfaces as per ITU-T
recommendation G.703 / G.704 / T = with telephone-service quality.
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Contract on the transfer of control over CFLs
2 BASIC TECHNICAL CONDITIONS
The technical features of the CFL types, the description of the
transmission-specific technical interfaces and the provisions for the structure
of the transmission equipment are contained in the basic technical conditions.
The carrier fixed links are synchronised using the clock of Telekom. Details on
this are also covered in the basic technical conditions.
The basic technical conditions can be found in Telekom's technical guideline
1 TR 805.
The guideline 1 TR 805 can be obtained as
Telesoftware in
T-ONLINE *45718# or from
Deutsche Xxxxxxx
Xxxxxxxxx Xxxxxx
X000XX-0x
X-00000 Xxxxxxxxx
GERMANY
Fax: (06151) 83 - 44 27.
Changes to 1 TR 805 shall be incorporated automatically and are a component of
this agreement.
3 ASSISTANCE OBLIGATIONS
A carrier fixed link shall be provided by Telekom if the necessary technical and
network-planning-specific prerequisites agreed between Telekom and the party to
the agreement and stated in Enclosure G have been fulfilled by the party to the
agreement.
Important network-planning-specific prerequisites for the provision of carrier
fixed links are the binding planning arrangements to be agreed between Telekom
and the party to the agreement regarding the number of CFLs and their locations
in accordance with Enclosure G.
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Contract on the transfer of control over CFLs
4 QUALITY
Telekom shall transfer control of the CFLs with quality parameters in accordance
with Enclosure F - Quality / troubleshooting.
5 PRICES
For provision and transfer of control over CFLs, a non-recurring remuneration
for provision and a periodic remuneration for transferring control shall be
invoiced by Telekom.
The prices for the provision of and transferring of control over CFLs are
covered by Enclosure D - Price system for digital CFLs of Telekom.
The payment modalities for the party to the agreement regarding the prices for
digital CFLs are contained in the provisions in Item 6 in the main part of this
agreement.
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Contract on the transfer of control over CFLs
ENCLOSURE C
ADDITIONAL SERVICES OF TELEKOM
List of contents
Chapter 1 Service description
Chapter 2 Prices
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Contract on the transfer of control over CFLs
1 SERVICE DESCRIPTION
For a separate remuneration in accordance with Enclosure E - Prices for
additional services - Telekom shall render the following additional services for
digital CFLs. The ordering of these additional services by FirstMark shall take
place in accordance with the procedure provided for in Enclosure H Item 1.3.
1.1 RELOCATION, REPLACEMENT AND MODIFICATION OF THE TERMINATION EQUIPMENT
OR OF THE TERMINAL LINE
Telekom shall render the services relocation, replacement and modification of
the termination equipment or of the terminal line following an order for this in
writing.
1.2 ASSURANCE OF INCREASED NETWORK RELIABILITY IN CASE OF A BREAKDOWN
The service "assurance of increased network reliability in case of a breakdown"
comprises the assurance given by Telekom to FirstMark that even in the case of a
breakdown in one of the CFLs specified by FirstMark, which are allocated in two
different CFL packages per order (with a maximum of 19 CFLs per package, i.e.
max. 38 CFLs), at least the CFLs of one a packages shall continue to function.
An order is possible for the following traffic relationships:
(1) Between the endpoints A to B (two packages from A to B),
(2) between the endpoints A to B and A to C (one package from A to B and
one package from A to C) and
(3) between the endpoints A to B and C to D (one package from A to B and
one package from C to D).
Telekom is responsible for the exact form of the technical realisation on the
basis of the package subdivision communicated by FirstMark to Telekom.
The "assurance of increased network reliability in case of a breakdown" can be
rendered for the CFL types CFL 64 U/S, CFL 2MS / T2MS / 2MU, CFL 34 M and CFL
155 M. In addition, this service is provided for the CFL products 16, 21 and 63
x T2MS. Here, each T2MS in the package allocation shall be payable as a separate
CFL, i.e. one 63 x T2MS must be separated into two orders of two packages each.
The following quantity limits per week have been defined for the ordering:
(1) one order with 2 packages of max. 19 CFLs or
(2) three orders in which the total number of CFLs can be a maximum of 30.
If this is not fulfilled, FirstMark shall be paid compensation once per year in
the relevant year for the breakdowns and irrespective of the frequency of the
breakdowns. This corresponds to the surcharge previously paid for the year. This
obligation is unfulfilled if a breakdown of both packages of an order occurs
simultaneously and lasts longer than 5 minutes.
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Contract on the transfer of control over CFLs
All further claims with respect to non-fulfilment are ruled out subject to the
proviso of imperative legal provisions.
A supplementary system may become necessary (see Item 1.7 of this enclosure).
1.3 SECTIONAL TWO-WAY ROUTING IN THE EXCHANGE AREA
Limited two-way routing (sectional two-way routing) at one or both link ends of
all CFLs of a traffic relationship:
This applies for the routing of the link ends of the CFLs in two separate
packages on different lines in the exchange area in which the endpoint A or B is
situated;
A supplementary system may become necessary (see Item 1.7 of this enclosure).
Where possible, the CFLs of a traffic relationship shall be routed with equal
priority. Except in the case of 3 CFLs, a maximum of 60 % of the CFLs are
permitted to be routed in a single package. In the case of a breakdown of one
CFL, the sectional two-way routing can be temporarily suspended.
1.4 DELIVERY-TIME CONFIRMATION FOR SHORT-TERM SERVICES
Within 5 working days following receipt of an appropriate written request from
FirstMark, Telekom shall communicate in a binding form the deadline for
provision of the CFLs desired by FirstMark.
The delivery time is the period from the ordering of the CFLs until they are
delivered. If the customer orders within a period of two weeks following receipt
of the delivery-time confirmation, Telekom shall adhere to the agreed delivery
time.
This time limit increases to 10 working days if an inspection is required to
determine the line routing of the CFLs. In this case, FirstMark undertakes to
provide assistance at short notice.
If the site is particularly remote or difficult to develop, the total length of
this line shall also be specified in the form of a non-binding statement with
the inclusion of the remuneration-free section whose development costs shall be
borne jointly by FirstMark in addition to the usual charges as per Enclosure E.
A maximum of 10 delivery-time confirmations per working day can be processed for
FirstMark.
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Contract on the transfer of control over CFLs
1.5 INSTALLATION OF THE CLFs IN A MANNER DEVIATING FROM THE STANDARD
INSTALLATION REGULATIONS
Special construction, cf. Enclosure G - Provision of CFLs by Telekom /
Assistance obligations of FirstMark.
1.6 PERFORMANCE OF A JOINT TEST SIMILAR TO THE TEST ON DELIVERY OF CLFs
Malfunctions in the FirstMark area and joint test on provision of CFLs; see
Enclosure G.
1.7 SUPPLEMENTARY SYSTEMS (ONLY IN CONNECTION WITH ITEM 1.2 AND/OR 1.3)
Supplementary systems cannot be commissioned separately. They shall only be
realised in connection with the services "assurance of increased network
reliability" or "sectional two-way routing".
If a supplementary system is required in the exchange areas in which the
endpoints A or B are situated in order to achieve the line-specific
prerequisites for increased network reliability or sectional two-way routing,
FirstMark shall pay the non-recurring costs for the erection of the required
supplementary systems.
Supplementary systems in the context of these provisions are additional lines or
parts of lines (cable or radio-link lines) of Telekom whose erection becomes
necessary so as to supplement the line infrastructure either existing or planned
in the scope of extension of the normal route to make possible a line routing of
the second route which is independent of the line of the first route carried on
the normal route.
FirstMark shall reimburse Telekom for the costs invested by it for the
supplementary system in accordance with effort / expenditure if its erection was
a direct consequence of the FirstMark order.
At the request of FirstMark, Telekom shall draw up a rough product-cost
calculation for the costs of the supplementary system prior to a legally-binding
order for the services increased network reliability and/or sectional two-way
routing.
1.8 FOUR-HOUR EXPRESS TROUBLESHOOTING
At the request of FirstMark, Telekom shall provide in place of the standard
service for CFLs an express troubleshooting available at all times (24 hours a
day) within 4 hours of receipt of the report of the malfunction. This service
shall be invoiced separately in accordance with Enclosure E.
Within this time, Telekom shall repair a malfunctioning CFL and make it
available again. In this respect, preference shall be given to troubleshooting
the CFLs within normal working hours. If operational availability was restored
via a switchover to an alternative route, the sectional two-way routing can
remain temporarily suspended,
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Contract on the transfer of control over CFLs
either completely or partially, until switching back occurs following final
elimination of the malfunction. The switching back generally takes place after
expiry of the announcement time limit for measures which can be planned.
A prerequisite for express troubleshooting is the utilisation of the services
increased network reliability and/or sectional two-way routing in the case of
links subject to the main line charge. In the remaining cases of sectional
two-way routing, the utilisation of the service four-hour express
troubleshooting is dependent on the existing infrastructure and on the available
personnel resources of Telekom and can be agreed in individual cases.
Telekom shall notify FirstMark of the time from which four-hour express
troubleshooting can be utilised; the additional remuneration obligation
commences at this time.
1.9 EIGHT-HOUR TROUBLESHOOTING
For each individual CFL, 8-hour express troubleshooting is offered as a single
or standing order.
1.10 PRELIMINARY INVESTIGATION OF SITES WHICH ARE PARTICULARLY REMOTE OR
DIFFICULT TO DEVELOP
Within a period of 12 working days following receipt of the enquiry in writing,
FirstMark shall receive a statement as to whether the sites on the shortlist of
choices are particularly remote or difficult to develop.
If such a site is the case, the total length of this line shall be specified in
the form of a non-binding statement with the inclusion of the remuneration-free
section whose development costs shall be borne jointly by FirstMark in addition
to the usual charges as per Enclosure E.
1.11 DEVELOPMENT OF PARTICULARLY REMOTE SITES
These are FirstMark sites for whose supply outside of the area of the existing
suitable telecommunications infrastructure a new cable of more than 500 m in
length must be laid or, in the case of a radio link, would have had to have been
laid in place of the radio link. Suitable cables include e.g. all subscriber
cables.
1.12 DEVELOPMENT OF SITES WHICH ARE PARTICULARLY DIFFICULT TO DEVELOP
These are FirstMark sites which have particular terrain difficulties on account
of their exposed location and whose supply is thus very expensive.
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Contract on the transfer of control over CFLs
1.13 CAPACITY UPGRADE
A capacity upgrade, i.e. a transition from a lower bandwidth to a higher
bandwidth with a corresponding change in the speed-type class (LESS THAN
2Mbit/s, = 2Mbit/s, > 2Mbit/s) is possible at any time, even before expiry of
the agreed rental period, for all digital CFLs of a traffic relationship with
the retention of the endpoints and is performed simultaneously where the
technical and operational possibilities allow this. During the upgrade, an
interruption of the transmission route takes place.
In this context, dependent on the original CFL product, the following
distinction is drawn:
1.13.1 UPGRADE OF CLFs OF UP TO AND INCLUDING 2MBIT/S
CFLs of up to 2Mbit/s can be combined into one new CFL of a higher bandwidth.
Here, the sum of the usable bandwidths of the original CFLs must not exceed the
usable bandwidth of the new CFL. The combination is regarded as an upgrade.
For an upgrade of CFLs in a binding rental period, in the case where the
breakage fee payable by FirstMark for premature termination of the agreement
immediately following the provision of the new operable CFLs would be lower than
the sum of the breakage fees actually payable for premature termination of the
original but now upgraded CFLs, FirstMark shall be invoiced for the difference.
The calculation of the breakage fee amounts shall be performed for each CFL in
accordance with Enclosure H, 2.2 and 2.3.
On the day the CFLs of a higher bit rate are made available, the contractual
relationships referring to the old and now combined CFLs shall expire. For the
new higher-bit-rate CFLs, FirstMark can arrange the rental periods listed in
Enclosure D.
1.13.2 UPGRADE OF CLFs OF OVER 2MBit/s
CFLs of over 2Mbit/s can be transformed into a CFL of a higher bandwidth with
the continuation of the contractually agreed binding rental period for the
original CFL or with the agreement of a longer rental period. The previous term
of agreement shall be deducted.
The combination of multiple CFLs into one CFL of a higher bandwidth is not
possible.
A capacity upgrade can be ordered using the procedure specified in Enclosure H
Item 1.3.
For the provision of the upgrade CFLs, the provisions described in Enclosure G -
Provision of CFLs by Telekom - shall apply.
1.14 MALFUNCTION IN THE AREA OF RESPONSIBILITY OF FIRSTMARK
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Contract on the transfer of control over CFLs
If following the report of a malfunction it emerges on the basis of a test that
the cause of the malfunction was in FirstMark's area of responsibility,
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Contract on the transfer of control over CFLs
FirstMark must refund Telekom for the expenditure incurred in accordance with
Enclosure E.
2 PRICES
The prices for the additional services described here and invoiced by Telekom
are listed in Enclosure E Prices for additional services of Telekom.
Page 8
ENCLOSURE D
PRICE SYSTEM FOR DIGITAL CFLS OF TELEKOM
List of contents
Chapter 1 General information on the price system for digital CFLs
Chapter 2 Rental periods
Chapter 3 Price list for Telekom CFLs
Page 1
Contract on the transfer of control over CFLs
1 GENERAL INFORMATION ON THE PRICE SYSTEM FOR DIGITAL CFLS
The schedule of charges for the CFLs over which control is transferred by
Telekom is dependent on the agreed rental period. This and the commercial
conditions applicable to this are described in the following.
The prices are specified as net prices to which the statutory sales tax (VAT)
must be added. The prices are invoiced annually for a year in advance (for the
CFLs already being utilised) or after the event (in the case of non-recurring
services such as e.g. provision, cancelling etc.).
The remuneration obligation for CFLs shall commence when the CFLs are made
available. If a provisionally completed CFL was provided initially, the
remuneration obligation shall commence on the day on which this CFL became
operable, at the latest however 15 working days after the binding deadline for
provision of the CFL and shall end after the day on which a termination becomes
effective.
2 RENTAL PERIODS
Control over the CFLs shall be transferred either without a binding rental
period or with fixed rental periods of 2, 4, 6 or 8 years. In the case of CFLs
with a binding rental period, a discount (see Section 3.3 of this enclosure)
shall be granted. The agreement of these privileged rental periods (2/4/6/8
years) shall take place with the first order. In any case, it must be
ascertainable whether the link in question is a main-line link or not.
The change from of a CFL having a binding rental period to a longer privileged
rental period (e.g. from 4 to 6 years, 4 to 8 years etc.) is possible at any
time. In this case, the previous rental period shall be deducted from the newly
agreed longer rental period. The maximum which can be deducted from the new
binding rental period is the term of the previous privileged rental period, i.e.
for a CFL which has e.g. a rental period of 4 years, a maximum of 4 years can be
deducted, even in the case of longer operation times (e.g. 6 years).
A change to a lower privileged rental period (e.g. from 6 to 4 years) is not
possible.
The change of a CFL not having a binding rental period to a CFL with a binding
rental period is possible at any time. The previous rental period shall not be
deducted from the newly agreed longer rental period.
2.1 SINGLE-ENDPOINT RELOCATION OF CFLS HAVING A PRIVILEGED RENTAL PERIOD
After 12 months have elapsed, a single-endpoint relocation of CFLs with a
privileged rental period (2/4/6/8 years) is possible in principle if only one
end changes and all the sites developed by Telekom stay the same (i.e. continue
to be connected by means of other CFLs).
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Contract on the transfer of control over CFLs
For the CFLs subject to the single-endpoint relocation, the rental period of the
previously chosen privileged binding rental period remains a part of the basic
conditions. Irrespective of this, a new longer privileged rental period can be
agreed. For the new CFLs, the non-recurring remuneration for connection shall
only be charged for the new end. When the new CFLs are made available, the
annual remuneration shall be re-adjusted simultaneously.
If in exceptional circumstances a single-endpoint relocation takes place before
12 months have elapsed, the previously chosen CFL shall continue to be fully
charged at basic conditions for a period of 12 months.
Changes to the basic charges or the rental-period price discounts for CFLs shall
apply automatically for new and already existing agreements having an extended
rental period.
2.2 SINGLE-ENDPOINT RELOCATION OF CFLS NOT HAVING A PRIVILEGED RENTAL
PERIOD
Following a period of 3 months, a single-endpoint relocation of one end is
fundamentally possible in the same exchange area, i.e. only one change occurs in
a connection-line network and the link-line network remains unchanged.
For the new CFL, the non-recurring connection remuneration shall only be
invoiced for the new end. When the new CFL is made available, the annual
remuneration shall be re-adjusted simultaneously.
3 PRICE LIST FOR TELEKOM CFLS
3.1 PRICE SYSTEM
For the provision of and transferring control over CFLs, Telekom shall invoice a
non-recurring provision price and a periodic control-transfer price (running
cost).
For the calculation of the running costs, the measuring points relevant to
customer charges and determined by Telekom shall be used for CFLs. For the
purposes of charges for a CFL, the beeline distance from the customer site
(X and Y co-ordinates) to the customer-charge measuring point of the relevant
exchange area shall be employed. Between the customer-charge measuring points
of the relevant exchange areas (link-line section), the beeline distance
shall also be employed. In the case of connection-line sections and link-line
sections, the distance calculated shall be rounded up to the nearest
kilometre. Above a full kilometre, rounding up to the next kilometre shall
take place from a length of one metre. Lengths below 1 m shall be rounded
down.
3.1.1 REMUNERATION IN THE CONNECTION-LINE NETWORK:
For the remuneration amounts in the connection-line network, a distinction is
drawn between non-recurring remuneration for provision and running-cost
remuneration.
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Contract on the transfer of control over CFLs
In the case of the non-recurring remuneration for provision, a one-off basic
rate independent of length is payable. The running-cost remuneration amounts are
subdivided into lump-sum rates and length-dependent price items and shall be
paid annually in advance.
For sites which are remote and difficult to develop, the relevant costs to be
borne (additional payments) shall be invoiced to FirstMark in individual cases.
3.1.2 REMUNERATION IN THE LINK-LINE NETWORK:
In the link-line network, a distinction is drawn between CFLs located on "main
lines" and those located on "normal lines". Main-line links are links between
and within certain selected cities (local networks). At the moment, links
between the local networks of the following cities are included in the main-line
charge:
- Essen - Erfurt - Mainz
- Duesseldorf - Rostock - Mannheim/Ludwigshafen
- Cologne - Magdeburg - Frankfurt/Main
- Dortmund - Hamburg - Stuttgart
- Bonn - Bremen - Karlsruhe
- Berlin - Aachen - Muenster
- Leipzig - Hanover - Munich
- Halle - Bielefeld - Nuremberg
- Dresden - Brunswick - Xxxxxxx
- Xxxxxx - Darmstadt - Wiesbaden
- Augsburg
The provision of a single link line (and also of a single connection-link line)
is only possible with the inclusion of the relevant collocation supply points
(with the corresponding non-recurring remuneration amounts) and of a collocation
facility with Telekom.
3.1.3 REMUNERATION AMOUNTS FOR COLLOCATION SUPPLY POINTS
The remuneration amounts for collocation supply points is subdivided into
non-recurring remuneration for provision and annual running-cost remuneration
(payable in advance). In each case, these are lump-sum price items.
Page 4
3.2 BASIC CHARGES
BASIC CHARGE CFL 64U/S KBIT/S
CONNECTION-LINE NETWORK
Net prices in DM (euros)
REMUNERATION FOR PROVISION (NON-RECURRING)
Basic rate 1,535.00 (784.83)
Added rate for each km started 00.00
RUNNING-COST REMUNERATION (ANNUALLY IN ADVANCE)
Flat rate 350.00 (178.95)
Plus the amount for each km started 239.00 (122.20)
LINK-LINE NETWORK MAIN LINES NORMAL LINES
Net prices in DM (euros) Net prices in DM (euros)
RUNNING-COST REMUNERATION (ANNUALLY IN
ADVANCE)
Flat rate 2,100.00 (1,073.71) 2,000.00 (1,022.58)
Plus the amount for each km started, up to 90.00 (46.02) 170.00 (86.92)
15 km
Plus the amount for each km started, from 40.00 (20.45) 62.00 (31.70)
16 to 50 km
Plus the amount for each km started, from 16.00 (8.18) 20.00 (10.23)
51 to 150 km
Plus the amount for each km started, over 10.00 (5.11) 10.00 (5.11)
150 km
COLLOCATION SUPPLY POINTS
Net prices in DM (euros)
REMUNERATION FOR PROVISION (non-recurring lump-sum 1,402.00 (716.83)
amount)
RUNNING-COST REMUNERATION (lump-sum rate payable 250.00 (127.82)
annually in advance)
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Contract on the transfer of control over CFLs
BASIC CHARGE CFL S01 / TS01
CONNECTION-LINE NETWORK
Net prices in DM (euros)
REMUNERATION FOR PROVISION (NON-RECURRING)
Basic rate 1,535.00 (784.83)
Added rate for each km started 00.00
RUNNING-COST REMUNERATION (ANNUALLY IN ADVANCE)
Flat rate 350.00 (178.95)
Plus the amount for each km started 239.00 (122.20)
LINK-LINE NETWORK MAIN LINES NORMAL LINES
Net prices in DM (euros) Net prices in DM (euros)
RUNNING-COST REMUNERATION (ANNUALLY IN
ADVANCE)
Flat rate 4,200.00 (2,147.43) 4,000.00 (2,045.17)
Plus the amount for each km started, up to 180.00 (92.03) 340.00 (173.84)
15 km
Plus the amount for each km started, from 80.00 (40.90) 124.00 (63.40)
16 to 50 km
Plus the amount for each km started, from 32.00 (16.36) 40.00 (20.45)
51 to 150 km
Plus the amount for each km started, over 20.00 (10.23) 20.00 (10.23)
150 km
COLLOCATION SUPPLY POINTS
Net prices in DM (euros)
REMUNERATION FOR PROVISION (non-recurring lump-sum 1,402.00 (716.83)
amount)
RUNNING-COST REMUNERATION (lump-sum rate payable 250.00 (127.82)
annually in advance)
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Contract on the transfer of control over CFLs
BASIC CHARGE CFL S02 / TS02
CONNECTION-LINE NETWORK
Net prices in DM (euros)
REMUNERATION FOR PROVISION (NON-RECURRING)
Basic rate 1,535.00 (784.83)
Added rate for each km started 00.00
RUNNING-COST REMUNERATION (ANNUALLY IN ADVANCE)
Flat rate 350.00 (178.95)
Plus the amount for each km started 239.00 (122.20)
LINK-LINE NETWORK MAIN LINES NORMAL LINES
Net prices in DM (euros) Net prices in DM (euros)
RUNNING-COST REMUNERATION (ANNUALLY IN
ADVANCE)
Flat rate 6,300.00 (3,221.14) 6,000.00 (3,067.75)
Plus the amount for each km started, up to 270.00 (138.05) 485.00 (247.98)
15 km
Plus the amount for each km started, from 120.00 (61.36) 180.00 (92.03)
16 to 50 km
Plus the amount for each km started, from 46.50 (23.78) 55.00 (28.12)
51 to 150 km
Plus the amount for each km started, over 30.00 (15.34) 30.00 (15.34)
150 km
COLLOCATION SUPPLY POINTS
Net prices in DM (euros)
REMUNERATION FOR PROVISION (non-recurring lump-sum 1,402.00 (716.83)
amount)
RUNNING-COST REMUNERATION (lump-sum rate payable 250.00 (127.82)
annually in advance)
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Contract on the transfer of control over CFLs
BASIC CHARGE CFL 2MS / T2MS / 2MU
CONNECTION-LINE NETWORK
Net prices in DM (euros)
REMUNERATION FOR PROVISION (NON-RECURRING)
Basic rate 2,027.00 (1,036.39)
Added rate for each km started 00.00
RUNNING-COST REMUNERATION (ANNUALLY IN ADVANCE)
Flat rate 3,000.00 (1,533.88)
Plus the amount for each km started 775.00 (396.25)
LINK-LINE NETWORK MAIN LINES NORMAL LINES
Net prices in DM (euros) Net prices in DM (euros)
RUNNING-COST REMUNERATION (ANNUALLY IN
ADVANCE)
Flat rate 2,700.00 (1,380.49) 3,550.00 (1,815.09)
Plus the amount for each km started, up to 1,075.00 (549.64) 1,410.00 (720.92)
15 km
Plus the amount for each km started, from 320.00 (163.61) 500.00 (255.65)
16 to 50 km
Plus the amount for each km started, from 166.00 (84.87) 200.00 (102.26)
51 to 150 km
Plus the amount for each km started, over 85.00 (43.46) 85.00 (43.46)
150 km
COLLOCATION SUPPLY POINTS
Net prices in DM (euros)
REMUNERATION FOR PROVISION (non-recurring lump-sum 1,653.00 (845.17)
amount)
RUNNING-COST REMUNERATION (lump-sum rate payable 450.00 (230.08)
annually in advance)
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Contract on the transfer of control over CFLs
BASIC CHARGE CFL 34 M
CONNECTION-LINE NETWORK
Net prices in DM (euros)
REMUNERATION FOR PROVISION (NON-RECURRING)
Basic rate 12,712.90 (6,500.00)
Added rate for each km started 00.00
RUNNING-COST REMUNERATION (ANNUALLY IN ADVANCE)
Flat rate 10,036.00 (5,131.33)
Plus the amount for each km started 10,500.00 (5,368.56)
LINK-LINE NETWORK MAIN LINES NORMAL LINES
Net prices in DM (euros) Net prices in DM (euros)
RUNNING-COST REMUNERATION (ANNUALLY IN
ADVANCE)
Flat rate 25,065.00 (12,815.53) 24,500.00 (12,526.65)
Plus the amount for each km started, up to 5,000.00 (2,556.46) 6,500.00 (3,323.40)
15 km
Plus the amount for each km started, from 3,250.00 (1,661.70) 4,044.00 (2,067.66)
16 to 50 km
Plus the amount for each km started, from 1,350.00 (690.24) 1,650.00 (843,63)
51 to 150 km
Plus the amount for each km started, over 687.00 (351.26) 687.00 (351.26)
150 km
COLLOCATION SUPPLY POINTS
Net prices in DM (euros)
REMUNERATION FOR PROVISION (non-recurring lump-sum 1,542.69 (788.76)
amount)
RUNNING-COST REMUNERATION (lump-sum rate payable 6,000.00 (3,067.75)
annually in advance)
Page 9
Contract on the transfer of control over CFLs
BASIC CHARGE CFL 16 X T2MS
CONNECTION-LINE NETWORK
Net prices in DM (euros)
REMUNERATION FOR PROVISION (NON-RECURRING)
Basic rate 15,000.00 (7,669.38)
Added rate for each km started 00.00
RUNNING-COST REMUNERATION (ANNUALLY IN ADVANCE)
Flat rate 11,000.00 (5,624.21)
Plus the amount for each km started 10,500.00 (5,368.56)
LINK-LINE NETWORK MAIN LINES NORMAL LINES
Net prices in DM (euros) Net prices in DM (euros)
RUNNING-COST REMUNERATION (ANNUALLY IN
ADVANCE)
Flat rate 25,065.00 (12,815.53) 24,500.00 (12,526.65)
Plus the amount for each km started, up to 5,000.00 (2,556.46) 6,500.00 (3,323.40)
15 km
Plus the amount for each km started, from 3,250.00 (1,661.70) 4,044.00 (2,067.66)
16 to 50 km
Plus the amount for each km started, from 1,350.00 (690.24) 1,650.00 (843.63)
51 to 150 km
Plus the amount for each km started, over 687.00 (351.26) 687.00 (351.26)
150 km
COLLOCATION SUPPLY POINTS
Net prices in DM (euros)
REMUNERATION FOR PROVISION (non-recurring lump-sum 2,500.00 (1,278.23)
amount)
RUNNING-COST REMUNERATION (lump-sum rate payable 6,000.00 (3,067.75)
annually in advance)
Page 10
Contract on the transfer of control over CFLs
BASIC CHARGE CFL 21 X T2MS
CONNECTION-LINE NETWORK
Net prices in DM (euros)
REMUNERATION FOR PROVISION (NON-RECURRING)
Basic rate 15,000.00 (7,669.38)
Added rate for each km started 00.00
RUNNING-COST REMUNERATION (ANNUALLY IN ADVANCE)
Flat rate 13,172.25 (6,734.86)
Plus the amount for each km started 11,156.25 (5,704.10)
LINK-LINE NETWORK MAIN LINES NORMAL LINES
Net prices in DM (euros) Net prices in DM (euros)
RUNNING-COST REMUNERATION (ANNUALLY IN
ADVANCE)
Flat rate 32,897.81 (16,820.38) 32,156.25 (16,441.23)
Plus the amount for each km started, up to 6,562.50 (3,355.35) 8,531.25 (4,361.96)
15 km
Plus the amount for each km started, from 4,265.63 (2,180.98) 5,307.75 (2,713.81)
16 to 50 km
Plus the amount for each km started, from 1,771.88 (905.95) 2,165.63 (1,107.27)
51 to 150 km
Plus the amount for each km started, over 901.69 (461.03) 901.69 (461.03)
150 km
COLLOCATION SUPPLY POINTS
Net prices in DM (euros)
REMUNERATION FOR PROVISION (non-recurring lump-sum 2,650.00 (1,354.92)
amount)
RUNNING-COST REMUNERATION (lump-sum rate payable 6,300.00 (3,221.14)
annually in advance)
Page 11
Contract on the transfer of control over CFLs
BASIC CHARGE CFL 155 M
CONNECTION-LINE NETWORK
Net prices in DM (euros)
REMUNERATION FOR PROVISION (NON-RECURRING)
Basic rate 12,712.90 (6,500.00)
Added rate for each km started 00.00
RUNNING-COST REMUNERATION (ANNUALLY IN ADVANCE)
Flat rate 12,062.00 (6,167.20)
Plus the amount for each km started 11,500.00 (5,879.86)
LINK-LINE NETWORK MAIN LINES NORMAL LINES
Net prices in DM (euros) Net prices in DM (euros)
RUNNING-COST REMUNERATION (ANNUALLY IN
ADVANCE)
Flat rate 36,000.00 (18,406.51) 36,000.00 (18,406.51)
Plus the amount for each km started, up to 7,700.00 (3,936.95) 11,250.00 (5,752.03)
15 km
Plus the amount for each km started, from 5,250.00 (2,684.28) 7,150.00 (3,655.74)
16 to 50 km
Plus the amount for each km started, from 2,450.00 (1,252.67) 3,250.00 (1,661.70)
51 to 150 km
Plus the amount for each km started, over 1,250.00 (639.11) 1,250.00 (639.11)
150 km
COLLOCATION SUPPLY POINTS
Net prices in DM (euros)
REMUNERATION FOR PROVISION (non-recurring lump-sum 1,837.00 (939.24)
amount)
RUNNING-COST REMUNERATION (lump-sum rate payable 6,350.00 (3,246.70)
annually in advance)
Page 12
Contract on the transfer of control over CFLs
BASIC CHARGE CFL 63 X T2MS
CONNECTION-LINE NETWORK
Net prices in DM (euros)
REMUNERATION FOR PROVISION (NON-RECURRING)
Basic rate 20,000.00 (10,225.84)
Added rate for each km started 00.00
RUNNING-COST REMUNERATION (ANNUALLY IN ADVANCE)
Flat rate 14,077.56 (7,197.74)
Plus the amount for each km started 12,000.00 (6,135.50)
LINK-LINE NETWORK MAIN LINES NORMAL LINES
Net prices in DM (euros) Net prices in DM (euros)
RUNNING-COST REMUNERATION (ANNUALLY IN
ADVANCE)
Flat rate 36,000.00 (18,406.51) 36,000.00 (18,406.51)
Plus the amount for each km started, up to 7,700.00 (3,936.95) 11,250.00 (5,752.03)
15 km
Plus the amount for each km started, from 5,250.00 (2,684.28) 7,150.00 (3,655.74)
16 to 50 km
Plus the amount for each km started, from 2,450.00 (1,252.67) 3,250.00 (1,661.70)
51 to 150 km
Plus the amount for each km started, over 1,250.00 (639.11) 1,250.00 (639.11)
150 km
COLLOCATION SUPPLY POINTS
Net prices in DM (euros)
REMUNERATION FOR PROVISION (non-recurring lump-sum 5,850.00 (2,991.06)
amount)
RUNNING-COST REMUNERATION (lump-sum rate payable 7,400.00 (3,783.56)
annually in advance)
Page 13
Contract on the transfer of control over CFLs
3.3 PRICE-REDUCTION SYSTEM
3.3.1 RENTAL-PERIOD PRICE REDUCTION
A rental-period price reduction shall be granted in the case of CFLs leased with
a rental period of 2, 4, 6 or 8 years. This pertains to all price segments
(remuneration for provision and running-cost remuneration of the connection-line
and link-line network) with the exception of the prices for additional services.
The rental period shall extend automatically if the customer does not terminate
the rental agreement in writing 3 months prior to expiry of the rental period.
Following every change which occurs in the basic prices or in the rental-period
price reductions for CFLs, the updated figures shall be employed automatically
for new and already existing minimum-rental-period agreements.
Rental-period price reduction for digital CFLs:
2 YEARS 4 YEARS 6 YEARS 8 YEARS
10% 17% 21% 23%
Page 14
Contract on the transfer of control over CFLs
3.3.2 SALES-PRICE REDUCTION
The sales bonus pertains to all sales with DIGITAL CFLs.
(The sales figure in the context of this provision is calculated from the total
amount for which Telekom invoices FirstMark for each calendar year taking into
account the reimbursements payable by Telekom to FirstMark.)
Sales bonus for digital CFLs (APPLICABLE UNTIL 31 DECEMBER, 1999):
------------------------------------------------------------------------------------------------------------------
FOR THE NET PROPORTION OF ANNUAL SALES SALES-PRICE REDUCTION
------------------------------------------------------------------------------------------------------------------
FROM TO
------------------------------------------------------------------------------------------------------------------
0 DM 0.5 million DM 0 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
0.5 million DM 1 million DM 2 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
1 million DM 2 million DM 3 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
2 million DM 5 million DM 4 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
5 million DM 10 million DM 5 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
10 million DM 20 million DM 6 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
20 million DM 50 million DM 8 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
50 million DM 100 million DM 10 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
100 million DM 200 million DM 12 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
200 million DM 500 million DM 14 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
500 million DM 1 billion DM 16 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
1 billion DM 2 billion DM 20 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
> 2 billion DM 24 %
------------------------------------------------------------------------------------------------------------------
Page 15
Contract on the transfer of control over CFLs
Sales bonus for digital CFLs in euros (APPLICABLE FROM 1 JANUARY, 2000):
------------------------------------------------------------------------------------------------------------------
FOR THE NET PROPORTION OF ANNUAL SALES SALES-PRICE REDUCTION
------------------------------------------------------------------------------------------------------------------
FROM TO
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
0 euros 0.25 million euros 0 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
0.25 million euros 0.5 million euros 2 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
0.5 million euros 1 million euros 3 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
1 million euros 2.5 million euros 4 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
2.5 million euros 5 million euros 5 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
5 million euros 10 million euros 6 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
10 million euros 25 million euros 8 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
25 million euros 50 million euros 10 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
50 million euros 100 million euros 12 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
100 million euros 250 million euros 14 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
250 million euros 500 million euros 16 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
500 million euros 1 billion euros 20 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
> 1 billion euros 24 %
------------------------------------------------------------------------------------------------------------------
Page 16
Contract on the transfer of control over CFLs
Sales bonus for digital CFLs in DM converted from the euro amounts (APPLICABLE
FROM 1 JANUARY, 2000):
------------------------------------------------------------------------------------------------------------------
FOR THE NET PROPORTION OF ANNUAL SALES SALES-PRICE REDUCTION
------------------------------------------------------------------------------------------------------------------
FROM TO
------------------------------------------------------------------------------------------------------------------
0 DM 488,957.50 DM 0 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
488,957.50 DM 977,915.00 DM 2 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
977,915.00 DM 1,955,830.00 DM 3 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
1,955,830.00 DM 4,889,575.00 DM 4 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
4,889,575.00 DM 9,779,150.00 DM 5 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
9,779,150.00 DM 19,558.300.00 DM 6 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
19,558.300.00 DM 48,895,750.00 DM 8 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
48,895,750.00 DM 97,791,500.00 DM 10 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
97,791,500.00 DM 195,583,000.00 DM 12 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
195,583,000.00 DM 488,957,500.00 DM 14 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
488,957,500.00 DM 977,915.000.00 DM 16 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
977,915.000.00 DM 1,955,830,000.00 DM 20 %
------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------
> 1,955,830,000.00 DM 24 %
------------------------------------------------------------------------------------------------------------------
Page 17
Contract on the transfer of control over CFLs
3.3.3 PACKAGE PRICE REDUCTION
The package price reduction pertains to the remuneration for provision and shall
be applied in the case of simultaneous provision of several CFLs of the same bit
rate and in each case for the same site. The percentage rebates on the
remuneration for provision (possibly reduced through choice of rental period)
are scaled as follows and are dependent on the transmission capacity:
CFL CFL CFL CFL CFL CFL
64 S01 S02 2 34 155
KBIT/S MBIT/S MBIT/S MBIT/S
PACKAGE PRICE for the 2nd - 7th 10% 10% 10% 15% 40% 40%
REDUCTION line for each site
(as a % on the for every 30% 30% 30% 40% 40% 40%
remuneration for additional line
provision) for each site
Page 18
Contract on the transfer of control over CFLs
ENCLOSURE E
PRICE LIST FOR ADDITIONAL SERVICES OF TELEKOM
Page 1
Contract on the transfer of control over CFLs
1 RELOCATION, REPLACEMENT AND MODIFICATION OF THE TERMINATION EQUIPMENT
OR TERMINATION LINE AT THE REQUEST OF FIRSTMARK
Relocation, replacement and modification of the termination equipment or
termination line at the request of FirstMark shall be charged in accordance with
the current prices in the general terms and conditions (price list for standard
fixed links) for the standard fixed link of a comparable transmission speed.
2 INCREASED NETWORK RELIABILITY
For the assurance of increased network reliability, a surcharge shall be charged
of 15% of the annual price of the CFLs of this traffic relationship as
determined in accordance with Enclosure D.
3 SECTIONAL TWO-WAY ROUTING IN THE CONNECTION-LINE AREA
A surcharge shall be charged of 50% of the annual price for the relevant
connection-line end of the CFLs as determined in accordance with Enclosure D.
Sectional two-way routing can also be ordered for both connection-line areas.
4 DELIVERY-TIME INFORMATION FOR SHORT-TERM SERVICES
The price for the delivery-time information is 600.00 DM (306.78 euros) for each
information. This shall be deducted from the price for provision in the case of
an appropriate order within two weeks following receipt by FirstMark of the
reply to the request for delivery-time information.
5 INSTALLATION OF THE CFLS IN A MANNER DEVIATING FROM THE STANDARD
INSTALLATION REGULATIONS (SPECIAL CONSTRUCTION)
Invoicing in accordance with the current prices in the general terms and
conditions (price list, standard fixed links) for a standard fixed link
appropriate to the transmission speed.
6 PERFORMANCE OF A JOINT TEST SIMILAR TO THE TEST ON DELIVERY OF CFLS
(MALFUNCTIONS IN THE FIRSTMARK AREA AND JOINT TEST ON PROVISION OF
CFLS)
FirstMark shall remunerate Telekom for the services in accordance with the
general terms and conditions "price list, other services". The costs incurred
are for items 2.1, 2.2 and 2.3.
The remuneration payable by FirstMark for connection shall be reduced by these
same amounts if a joint test in accordance with Enclosure G does not ascertain
that the provided CFLs are operable.
Page 2
7 SUPPLEMENTARY SYSTEMS (ONLY IN COMBINATION WITH ITEMS 2 AND 3)
Supplementary systems cannot be ordered separately. They shall only be realised
in combination with an order for sectional two-way routing or the increase of
network security.
Supplementary systems shall be invoiced in accordance with effort / expenditure.
If several cables are laid in the same trench, jointly incurred costs shall be
shared proportionately.
If an existing cable channel or channel pipe is used, a utilisation remuneration
shall be calculated in accordance with the following procedure and a lump-sum
invoice shall be raised:
|_| If the utilisation by a supplementary system commences in the calendar year
1998, the non-recurring utilisation remuneration is 33.29 DM (17,02 euros)
for each commenced metre of a used cable channel or cable pipe (where
appropriate including the length sections within cable shafts or similar).
|_| For utilisation which commences in a later calendar year, the corresponding
utilisation remuneration shall be newly determined via multiplication with
the index of the construction costs for new roads in accordance with the
following formula:
Nn = Nn-1 x Tn-1
-----
Tn-2
Explanation of operands:
Nn Utilisation remuneration in calendar year n
Tn-2 Price index in road construction in the November of the year before
last (n-2) *)
Tn-1 Price index in road construction in the November of the previous year
(n-1) *)
Nn-1 Utilisation remuneration in the previous year (n-1)
(*) Source for the price index: Statistical Annual Table 23.9.2 and/or
Technical Series 17, Number 4; Measurement figures for
construction-service prices and price indices for constructions
(including sales tax (VAT))
The calculation of a payable amount only refers to ends of connection.
8 FOUR-HOUR EXPRESS TROUBLESHOOTING
A surcharge of 5% of the annual remuneration for the CFLs calculated in
accordance with Enclosure D and a site-specific price of 3,800.00 DM (1,942.91
euros) per year shall be charged.
Page 3
Contract on the transfer of control over CFLs
9 EIGHT-HOUR EXPRESS TROUBLESHOOTING
The eight-hour express troubleshooting service shall be rendered under a
standing order with a minimum term of one year or via a single order for a CFL
specified by FirstMark.
1. STANDING ORDER 2. SINGLE ORDER
Groups Annual price per CFL Annual price per CFL Price per order Price per order
CFL analogue 1,854.12 DM 948 euros 2,781.19 DM 1,422 euros
CFL 64U/64S 1,854.12 DM 948 euros 2,781.19 DM 1,422 euros
CFL S01/TS01 and 1,854.12 DM 948 euros 2,781.19 DM 1,422 euros
S02/TS02
CFL 2M 3,027.60 DM 1,548 euros 4,541.44 DM 2,322 euros
CFL > 2M 4,670.52 DM 2,388 euros 7,005.78 DM 3,582 euros
10 PRELIMINARY INVESTIGATION FOR SITES WHICH ARE PARTICULARLY REMOTE OR
DIFFICULT TO DEVELOP
The remuneration for the preliminary investigation of a site is 800.00 DM
(409.03 euros) per site. The payable remuneration shall be deducted from the
remuneration for provision where an appropriate order is made within three
months following receipt by FirstMark of the reply to the enquiry.
11 DEVELOPMENT OF PARTICULARLY REMOTE SITES
If a cable is newly laid so as to supply equipment of FirstMark on a remote
site, FirstMark shall pay a non-recurring portion of the development costs for
the new line in addition to the remuneration for provision. Here, for the
calculation of this portion of the development costs, a remuneration-free length
of 500 m shall be subtracted from the length of the new line, the remaining
length rounded up to a full 100 m and for each 100 m of the remaining length 50%
of the remuneration for provision shall be charged in accordance with Enclosure
D for one end of the connection.
If in the course of developing a FirstMark site, a cable is laid by an
energy-supply company or by another telecommunications or supply company etc.
and, through joint utilisation of the line, Telekom achieves a cost saving
compared with a fictitious constructional measure which it would have to perform
on its own, the portion of the development costs payable by FirstMark shall be
reduced by that percentage which this cost saving represents of the costs for
the fictitious constructional measure which Telekom would have to perform on its
own. The costs for the fictitious constructional measure which Telekom would
have to perform on its own shall be ascertained by means of a rough calculation
(product-cost calculation) and communicated to FirstMark.
Page 4
Contract on the transfer of control over CFLs
If a radio-link line is erected for the development of a remote site, the length
of a fictitious new cable line as per paragraph 1 shall be used as a basis for
the calculation of the portion of the development costs.
12 DEVELOPMENT OF SITES WHICH ARE PARTICULARLY DIFFICULT TO DEVELOP
These are FirstMark sites which, on account of their exposed location with
particular terrain difficulties, require an investment of over 70,000 DM
(35,790.43 euros) per km for underground constructional work, cable-laying
costs, special telecommunications constructional material and permission costs.
These costs must be incurred for a section of at least 200 m in length.
FirstMark shall pay a contribution to the development costs corresponding to the
expenditure which exceeds the above amount on the (partial) section.
13 CAPACITY UPGRADE
13.1 UPGRADE OF CFLS UP TO AND INCLUDING 2MBIT/S
The price for provision of the new higher-bit-rate CFL corresponds with the
remuneration specified in Enclosure D. If the site is particularly remote or
particularly difficult to develop, the provisions in Enclosure E shall apply.
The remuneration amounts shall be invoiced for each capacity upgrade.
13.2 UPGRADE OF CFLS LARGER THAN 2MBIT/S
The remuneration for provision of the capacity upgrade shall correspond with the
current price in the general terms and conditions (price list, standard fixed
links) for the change from a standard fixed link Digital 34M, 140M to a
higher-bit-rate SFV and shall be invoiced for each capacity upgrade.
14 MALFUNCTION IN THE RESPONSIBILITY AREA OF FIRSTMARK
For malfunctions in the responsibility area of FirstMark, FirstMark must
recompense Telekom for the expenditure incurred with a lump sum of 600.00 DM
(306.78 euros) per malfunction.
Page 5
Contract on the transfer of control over CFLs
ENCLOSURE F
QUALITY / TROUBLESHOOTING
List of contents
Chapter 1 Quality
Chapter 2 Troubleshooting
Chapter 3 Measures which can be planned
Page 1
Contract on the transfer of control over CFLs
1 QUALITY
The quality of the CFLs is defined by the availability and by the transmission
quality which is normally provided in the transmission routing network of
Telekom.
In the scope of the available technical and operational possibilities, Telekom
shall transfer FirstMark control over carrier fixed links with an availability
over the entire transmission route of at least 98.5 % per year and a maximum bit
error rate of 10-7.
The availability of a CFL for a given calendar year shall be determined by means
of the calculation procedure specified below.
The average annual availability of the CFLs over which Telekom transfers control
to FirstMark shall be determined using the calculation procedure specified below
for at least 10 CFLs of the same bit rate and shall be at least 99 %.
Planned work (measures which can be planned) which have been agreed with the
customer shall not be taken into consideration in the availability calculation.
If the availability values are fallen short of or if, in one calendar year, more
than 10 reported malfunctions occur on a particular CFL with a malfunction
duration of more than 15 minutes in each case, Telekom shall take immediate
measures to ensure the said availability.
Calculation procedure for determining the annual availability of a CFL:
Dm
ACFL = 1 - --------
8760
ACFL Availability of the CFL in the calendar year
Dm Sum of the duration in hours of all malfunctions reported in
the calendar year (where these malfunctions were in the area
of responsibility of Telekom).
8760 = average number of hours / year
Calculation procedure for determining the average annual availability of the
CFLs over which Telekom transfers control to customers.
VCFLm = [(SIGMA) VcFLi] / m for i=1 to m; m (greater than or equal to) 10
CFLi = CFLs of the same bit rate
Page 2
Contract on the transfer of control over CFLs
2 TROUBLESHOOTING
2.1 STANDARD SERVICE
In the scope of standard troubleshooting for all CFLs, Telekom guarantees
troubleshooting at the latest within 24 hours.
2.2 PROCEDURE IN THE CASE OF MALFUNCTIONS
Telekom shall install for the FirstMark network a central, permanently reachable
malfunction helpdesk (NC = network control department) for taking note of
malfunctions.
At FirstMark's end, a permanently manned malfunction helpdesk shall be
responsible for the contacts to the NC.
If a malfunction of a CFL is detected by FirstMark after checking its equipment,
FirstMark must notify the malfunction helpdesk of this immediately specifying
the line description of the CFL as provided by Telekom. FirstMark must take all
precautions to enable Telekom to immediately take note of the malfunction and
perform troubleshooting measures in an unhampered manner. If the support of
FirstMark is required for the troubleshooting of a Telekom CFL, FirstMark shall
provide this support to an appropriate extent at all times and free of charge.
The same applies vice versa for Telekom.
After elimination of the malfunction, NC or the permanently-manned malfunction
helpdesk at FirstMark shall report the restored operational availability in each
case to the other helpdesk.
If following the report of the malfunction a test indicates that the cause of
the malfunction was in the responsibility area of FirstMark, FirstMark shall
recompense Telekom for the expenditure incurred in accordance with Enclosure E.
2.3 DELAYED TROUBLESHOOTING
If Telekom cannot render the services agreed for eight-hour and four-hour
express troubleshooting as agreed for the standard service, a breakdown
compensation shall be guaranteed for the malfunctioning CFL unless Telekom
proves that it was not responsible for the failure to adhere to the agreed time
limit.
If the malfunction duration is within the scope of the agreed time limits, no
breakdown compensation is payable.
The malfunction duration shall be determined in full minutes and shall be
calculated from the time difference between the receipt of the report of the
malfunction by the central malfunction helpdesk of Telekom and the receipt by
FirstMark of the report that the malfunction has been eliminated.
Page 3
Contract on the transfer of control over CFLs
Delays in troubleshooting for which FirstMark is responsible shall diminish the
calculated malfunction duration accordingly.
If Telekom exceeds the time agreed for troubleshooting of the standard service
(troubleshooting within 24 hours) by
- more than 12 hours, FirstMark shall be reimbursed with 10 % of 1/12 of
the annual remuneration of the relevant CFL,
- more than 30 hours, FirstMark shall be reimbursed with 15 % of 1/12 of
the annual remuneration of the relevant CFL and
- more than 48 hours, FirstMark shall be reimbursed with 20% of 1/12 of
the annual remuneration of the relevant CFL.
If Telekom exceeds the time agreed for eight-hour express troubleshooting by
- more than 2 hours, FirstMark shall be reimbursed with 10% of 1/12 of
the annual remuneration of the relevant CFL,
- more than 4 hours, FirstMark shall be reimbursed with 20% of 1/12 of
the annual remuneration of the relevant CFL and
- more than 8 hours, FirstMark shall be reimbursed with 40% of 1/12 of
the annual remuneration of the relevant CFL.
If Telekom exceeds the time agreed for four-hour express troubleshooting by
- more than 1 hour, FirstMark shall be reimbursed with 20% of 1/12 of the
annual remuneration of the relevant CFL,
- more than 2 hours, FirstMark shall be reimbursed with 50% of 1/12 of
the annual remuneration of the relevant CFL and
- more than 4 hours, FirstMark shall be reimbursed with 100% of 1/12 of
the annual remuneration of the relevant CFL.
The period of examination for the reimbursements is one calendar month. For
delays in the standard service or in eight-hour and four-hour express
troubleshooting, a maximum of 1/12 of the annual remuneration shall be
reimbursed. The reimbursement shall be settled at the beginning of the following
year.
2.4 ESCALATION PROCESS FOR THE TROUBLESHOOTING PROCEDURE
2.4.1 ESCALATION STAGES
For the case where regular procedures described in this enclosure are not
adhered to, both parties to the agreement shall specify appropriate escalation
stages via which an escalation shall be effected where necessary.
Regular procedures are the agreements on standard troubleshooting and express
troubleshooting of the CFLs and are described in this enclosure.
Page 4
Contract on the transfer of control over CFLs
The escalation stages are:
Escalation
stage Telekom FirstMark
I Manager of the network control FirstMark contact person for
department escalation stage 1
II Manager of QNM ...
III Head of department SZ ...
The details of the relevant escalation stage (address, telephone, fax) are
listed in Annex 1 - Contact persons. The parties to the agreement shall attempt
to the best of their ability to reach agreement at every escalation stage. If
agreement is not reached, a shift shall take place to the next escalation stage
in line in accordance with the procedure in Section 2.4.21 and 2.4.31 and the
time limits as per Section 2.4.41.
2.4.2 LAUNCHING OF THE ESCALATION PROCEDURE
FirstMark can launch the escalation procedure as follows: The FirstMark employee
or department commissioned with escalation stage 1 shall send the Telekom
contact person appointed for escalation stage 1 in accordance with Item 2.4.12
an escalation message by fax (first escalation stage). The escalation message
must specify exactly which regular procedure intended for the escalation process
in accordance with Section 2.4.12 was not adhered to.
2.4.3 CONTINUATION OF THE ESCALATION PROCEDURE
If agreement cannot be reached at the first escalation stage, FirstMark can
shift the procedure to the second escalation stage. In addition to the
information via the escalation message of the first escalation stage in
accordance with Item 2.4.23, the escalation message to the second escalation
stage must additionally inform the Telekom contact person as to why agreement
could not be reached at the previous escalation stage. If agreement cannot be
reached at the second escalation stage, FirstMark can shift the procedure to the
third escalation stage. The above provisions of this subsection for the
escalation from the first to the second escalation stage apply accordingly.
2.4.4 TIME LIMITS IN THE ESCALATION PROCEDURE
FirstMark shall only shift to the next escalation stage within 24 hours
commencing with the expiry of the time limit for the escalation in accordance
with table below - Escalation time limits - unless the parties to the agreement
have come to a different arrangement through their departments responsible for
the relevant escalation stage on the time limit in question. The escalation time
limits for the individual operational incidents are specified in the table
below.
------------------------------------
1 Original 2.5.2/2.5.3/2.5.4
2 Original 2.5.1
3 Original 2.5.2
Page 5
Contract on the transfer of control over CFLs
Escalation time limits
Incidents First escalation stage Second escalation stage Third escalation stage
Standard troubleshooting After expiry of the 8 hours 4 hours
standard-troubleshooting
time limit
Express troubleshooting After expiry of the 2 hours 1 hour
express-troubleshooting time
limit
3 MEASURES WHICH CAN BE PLANNED
Fundamentally, measures which can be planned shall be performed by Telekom where
this is allowed by the operational and technical possibilities within the
following times:
Daily from 3.00 a.m. until 5.30 a.m.
and additionally every first Sunday in the month from 1.00 a.m. until 6.00 a.m.
Measures in the transmission route network of Telekom which can be planned shall
be communicated to the FirstMark contact department agreed in accordance with
Enclosure I five working days at the latest prior to the planned date for the
measures.
If FirstMark is planning a change which could affect for the interchange
interface or for equipment deployed by FirstMark for the operation of the
technical equipment of Telekom, FirstMark is obliged to communicate this five
working days at the latest in advance to the agreed contact department of
Telekom in accordance with Enclosure 1.
If Telekom is planning a change in the Telekom network which could affect the
traffic processing with the network of FirstMark, Telekom is obliged to
communicate this five working days at the latest in advance to the agreed
contact department of FirstMark responsible in accordance with Enclosure I.
Page 6
ENCLOSURE G
PROVISION OF CFLs BY TELEKOM / ASSISTANCE
OBLIGATIONS OF FIRSTMARK
List of contents
Chapter 1 Provision
Chapter 2 Assistance obligations of FirstMark
Page 1
1 PROVISION
1.1 PROVISION TIME LIMITS AND DEADLINES
Where FirstMark does not order with a longer provision time limit, the provision
of CFLs shall take place in at least 80% of cases within 3 months following
receipt of the complete order in writing if the sites in question are not
particularly remote or particularly difficult to develop. A working day must
always be arranged as the provision deadline. The reference period for
determining provision-time-limit proportions is half a calendar year.
Telekom shall immediately, at the latest within 15 working days following
receipt of the complete order in writing, either confirm in writing the
provision deadline desired by FirstMark or propose a different earliest possible
provision deadline in writing. In the latter case, FirstMark shall thereafter
confirm the other provision within 5 working days, arrange a new provision
deadline with Telekom or cancel the order under the preconditions stated in
Enclosure H. If no reply is given within this time limit, the deadline specified
by Telekom is legally binding.
In individual cases and where technically / organisationally possible, it can be
agreed to bring forward a provision deadline.
1.2 PROVISION PROCESS
1.2.1 INSPECTION
At the request of Telekom, a joint inspection of the site shall be made. The
inspection deadline shall be set up in mutual agreement as quickly as possible.
A protocol of this inspection shall be created jointly in duplicate with each
party to the agreement receiving one copy. In the inspection protocol, the
contractual obligations of the parties as regards the conditions for provision
of the CFLs shall be clarified. If an assistance obligation is arranged in the
inspection protocol but not fulfilled, Telekom does not have to render its
service until the assistance obligations have been fulfilled by FirstMark and
the originally agreed reaction time has elapsed. The reaction time in each case
shall be contained in the inspection protocol (for a blank protocol, see
Enclosure J).
If an inspection is not required, FirstMark shall communicate this at short
notice using the blank inspection protocol (Enclosure J).
In principle, a joint inspection shall only take place if an inspection has not
yet taken place for a customer site and there are no circumstances which
necessitate a further joint inspection.
Page 2
1.2.2 INSTALLATION
Telekom shall install termination equipment for the CFLs in a period agreed with
FirstMark. Basically, the power supply for all transmission-specific technical
equipment on the FirstMark site shall be provided by FirstMark. The line
installation shall be performed in accordance with the Telekom rules for the
standard installation listed below.
Particulars for the device installation are contained in the basic technical
conditions (see Enclosure B).
The erection of support constructions for radio-link antennas is a fundamental
component of Telekom's scope of services. The provision of erection spaces or
attachment facilities for radio-link antennas is fundamentally a part of the
assistance obligation of FirstMark.
If an antenna-support construction erected on a building by FirstMark is also
used by Telekom for the attachment of a radio-link antenna, Telekom shall pay
the additional costs incurred where it requests the erection, modification or
utilisation of the support construction.
When it is finished with the utilisation, Telekom shall immediately remove any
equipment which it has set up on the relevant site at the corresponding request
and at the expense of FirstMark. This undertaking by Telekom shall be set aside
if it is interested in leaving the said equipment in place and the owner of the
site agrees to this.
(1) STANDARD INSTALLATION
A standard installation of the CFLs in buildings has the characteristic that a
concealed line routing is possible within the building via utilisation of
existing pipe networks or other concealed conduits, e.g. installation channels
(DIN 18015). If such facilities are not available, a surface mounting shall be
performed with attachment by means of clamps on or in the building, preferably
in the staircase, and using the normal mounting equipment; wall and ceiling
penetrations shall be regarded as part of a regular installation in particular
in those cases where they can be effected by means of manual percussion drills
or similar.
(2) SPECIAL CONSTRUCTIONS
In particular, the following shall be regarded as special constructions:
- Provision of an optical interface for CFL 155M;
- Employment of special installation material;
- Installation with special protection measures in the line routing (use
of protective pipes, access-protected line routing);
Page 3
- Penetrations through unusual building parts which cannot be effected by
means of manual percussion drills or similar;
- Other measures in the construction work which cannot be performed using
the equipment normally used by installation personnel because they
represent a significant deviation from the constructions normally used
and because they represent additional effort / expenditure.
1.2.3 TEST
Prior to the delivery of a digital CFL, the operability of this CFL shall be
tested using the following test procedure:
(1) TEST PROCEDURE FOR THE PROVISION OF DIGITAL CFLs
Following the complete set-up and activation of all components and the
construction of all required switching, both transmission directions of the CFLs
in the termination equipment are connected into one measuring circuit in which
all components of the CFLs are included. The connection is achieved by means of
a loop formation (loop plug on the NTPM (network termination, primary rate
access) or the loop on the DS2 distributor, DS34 distributor, DS140 distributor
and/or DS155 distributor).
Case A:
A test signal is sent through the measuring circuit for a period of 6 hours and
evaluated. The CFL is operational if the bit error rate is less than 10-7 and a
maximum of 1 synchronous error for each 200 km of line length has occurred.
Case B:
If 64kbit/s is the case, a test signal is sent through the measuring circuit for
a period of 1 hour and evaluated. The CFL is operational if not more than 460
single bit errors and a maximum of 1 cluster error and 1 synchronous error have
occurred.
(2) TEST PROCEDURE IN THE CASE OF A COUPLING OF MEASURES
If FirstMark has specified that the provision is a coupling with switch-off and
if Telekom has communicated on the basis of the line planning that a switchover
to the Telekom network is required and must be agreed with FirstMark, only that
section of the CFL which has to be newly provided shall be subjected to the
above test procedure. Where possible, the switchover shall take place during an
agreed period in the low-traffic hours of the FirstMark network.
In order to minimise the interruption in operation occurring in the course of
the switchover, the test of the new CFLs provided with the switchover shall be
limited as a rule to a short functional test taking a maximum of 1 hour. If this
functional test is successful, the CFL shall be made available (notice of
provision).
If the operability of the new CFLs yielded in the scope of the planned
switchover cannot be achieved, a switch back to the former routing shall
initially take place; following elimination of the errors which occurred, a new
switchover deadline must be
Page 4
agreed between Telekom and FirstMark. The arrangements in Enclosure H
Section 2.5 apply in principle in this case.
(3) JOINT TEST
In addition to the above test procedures, a joint test can be initiated by
FirstMark or Telekom.
The request for the performance of a joint test shall be communicated by the
permanently-manned malfunction helpdesk at FirstMark to the NC; the contact
persons responsible shall be appointed by each side. Following this, the
deadlines for the test shall be agreed between the people responsible locally.
The joint measurement shall be completed within the following 5 working days.
The measurement shall be performed as a direction-specific end-to-end
measurement at the sites of the termination equipment. The required measurement
devices shall be provided by Telekom. A 24-hour measurement shall be performed.
- The CFL in case A shall be regarded as operational if the bit error
rate is lower than 10-7 and a maximum of 4 synchronous errors per 200
km of line length have occurred.
- The CFL in case B shall be regarded as operational if in each
transmission direction not more than 5520 single bit errors and a
maximum of 24 cluster errors and 24 synchronous errors have occurred.
The recorded measurement protocol shall be printed out. A report shall be drawn
up in duplicate on the evaluation of the measurement and the established result
and signed by the representatives of both parties. Each party shall receive one
copy of the measurement protocol and of the report.
1.2.4 DELIVERY
The provision procedure for CFL shall be completed on delivery. The delivery of
the CFL shall take place on site jointly on the mutually agreed provision
deadline. In the course of the CFL delivery procedure, the operability of a
digital CFL shall be tested using the test procedures specified under 1.2.3 (1).
If the specified test procedure ascertains that the CFL is operational, the CFL
shall be regarded as provided.
The measurement protocol recorded in the course of this test procedure shall be
printed. With the measurement protocol, Telekom communicate to FirstMark the
line description used internally by Telekom with reference to the line number
specified by FirstMark and to the site co-ordinates (X / Y values based on the
Xxxxx-Xxxxxxx projection). From provision onwards, the internal line description
used by Telekom shall be used by both parties to the agreement as an identifier
in the course of mutual business correspondence / communications.
Telekom shall draw up in duplicate a provision protocol regarding the evaluation
of the measurement and ascertained result. This provision protocol shall be
signed by
Page 5
the staff of both agreement parties who performed the test. Each party to the
agreement shall receive one copy of the measurement protocol and of the
provision protocol.
A prerequisite for proper delivery is that FirstMark communicates the fulfilment
of the assistance obligations specified in the inspection protocol (this applies
in particular for the power supply) to the COP CS in accordance with the time
limits agreed in the inspection protocol.
If FirstMark has not fulfilled these assistance obligations in full, the CFL
shall be finished as far as possible, provisionally finalised and delivered. In
the case of discrepancies regarding advance services not rendered, a joint
inspection of the sites within two working days shall be agreed.
If FirstMark is not present on the mutually agreed provision deadline, the
above-mentioned test procedure shall be completed in its absence. In the case of
a positive measurement result, the CFL shall then be regarded as delivered and
provided. FirstMark shall receive generally by fax one copy of the measurement
protocol and of the provision protocol.
If the above-mentioned test procedure establishes that the CFL is not
operational, the CFL shall be regarded as not provided.
1.3 CONSEQUENCES OF DELAYED PROVISION
1.3.1 WHERE FIRSTMARK IS RESPONSIBLE FOR THE DELAY
If FirstMark delays the provision, the remuneration obligation shall commence at
the latest 15 working days after the provision deadline confirmed by Telekom in
a legally-binding manner.
1.3.2 WHERE TELEKOM IS RESPONSIBLE FOR THE DELAY
If Telekom delays the provision by up to 15 working days, FirstMark shall not
have to pay the annual remuneration until the day of operational provision.
If Telekom delays the provision by more than 15 working days, FirstMark shall be
paid the following amount:
- 20% of the remuneration for provision of the CFL in the case of a delay
of 16 to 30 working days,
- 40% of the remuneration for provision of the CFL in the case of a delay
of 31 to 45 working days and
- 60% of the remuneration for provision of the CFL in the case of a delay
of more than 46 working days.
Page 6
1.4 ESCALATION PROCESS SPECIFIC TO THE PROVISION PROCEDURE
1.4.1 ESCALATION STAGES
For the case where regular procedures described in this enclosure are not
adhered to, both parties to the agreement shall specify appropriate escalation
stages via which an escalation shall be effected where necessary.
Regular procedures are the arrangements in this enclosure made regarding the
provision of the CFLs at the mutually agreed provision deadline.
The escalation stages are:
Escalation stage Telekom FirstMark
I Group manager COP CS Contact person of FirstMark for
escalation stage
II Head of department COP CS ...
III Manager COP CS ...
The details of the relevant escalation stage (address, telephone, fax) are
listed in Enclosure 1 - Contact persons. The parties to the agreement shall
attempt to the best of their ability to reach agreement at every escalation
stage. If agreement is not reached, a shift shall take place to the next
escalation stage in line in accordance with the procedure in Section 1.4.2 and
1.4.3 and the time limits as per Section 1.4.4.
1.4.2 LAUNCHING OF THE ESCALATION PROCEDURE
FirstMark can launch the escalation procedure as follows: The FirstMark employee
or department commissioned with escalation stage 1 shall send the Telekom
contact person appointed for escalation stage 1 in accordance with Item 1.4.1 an
escalation message by fax (first escalation stage). The escalation message must
specify exactly which regular procedure intended for the escalation process in
accordance with Section 1.4.1 was not adhered to.
1.4.3 CONTINUATION OF THE ESCALATION PROCEDURE
If agreement cannot be reached at the first escalation stage, FirstMark can
shift the procedure to the second escalation stage. In addition to the
information via the escalation message of the first escalation stage in
accordance with Item 1.4.2, the escalation message to the second escalation
stage must additionally inform the Telekom contact person as to why agreement
could not be reached at the previous escalation stage. If agreement cannot be
reached at the second escalation stage, FirstMark can shift the procedure to the
third escalation stage. The above provisions
Page 7
of this subsection for the escalation of the first to the second escalation
stage apply accordingly.
Page 8
1.4.4 TIME LIMITS IN THE ESCALATION PROCEDURE
FirstMark shall only shift to the next escalation stage within 24 hours
commencing with the expiry of the time limit for the escalation in accordance
with table below - Escalation time limits - unless the parties to the agreement
have come to a different arrangement through their departments responsible for
the relevant escalation stage on the time limit in question. The escalation time
limits for the individual operational incidents are specified in the table
below.
Escalation time limits
Incidents Escalation stage I Escalation stage II Escalation stage III
Provision on the After expiry of the 2 working days 2 working days
mutually agreed agreed provision
deadline deadline
2 ASSISTANCE OBLIGATIONS
2.1 FOR THE PLANNING OF CFLS
FirstMark shall notify Telekom of the planned network extension at an early
time, but at the latest at the end of the first quarter of each year. In the
scope of planning discussions, FirstMark shall make available to Telekom the
planning values indicating the inflow and outflow for CFLs for the current year
and the two subsequent years with respect to the CFLs which are in the
operation.
Telekom must be informed by FirstMark in the course of the planning discussions
as to
- the planning of CFLs and their point-to-point relationship
- the planning of network nodes => 34 Mbit/s and their regional sites.
In addition, FirstMark must provide Telekom with information on
- the planning of the state of extension
(e.g. network structure, capacities) in general once every 12 months,
- the planning of larger sites in general once every 12 months.
Page 9
2.2 FOR THE INSTALLATION AND OPERATION OF CFLS
FirstMark shall
a) make site-specific arrangements for the relevant site with the Telekom
division commissioned by the department Central Order Processing,
Carrier Services (COP CS) immediately following the legally-binding
order. These site-specific arrangements shall include the following
provisions: installation plans, installation sketches, agreement on
intermediate deadlines, access / entry provisions and, where necessary,
special technical requirements, deployment of radio-link systems and
agreements on additional services. These agreements are to be recorded
in an inspection protocol which is to be signed by both parties,
b) fulfil the necessary prerequisites at its own expense for the erection
and operation of Telekom telecommunications equipment;
c) ensure that Telekom staff can enter the relevant building or site in
accordance with access / entry provisions agreed in individual cases
and perform the agreed installation work. If a declaration has not yet
been made by the site owner, FirstMark shall procure this for Telekom;
d) indicate the location of concealed power, gas and water lines and
similar facilities prior to the commencement of the installation work
by Telekom;
e) have installation and modification work on CFLs performed only by
Telekom or companies commissioned by Telekom,
f) connect only permissible equipment to the termination equipment of the
CFLs which equipment complies with the interface specification in
accordance with Enclosure B;
g) only use the CFLs to which it has been transferred control in
accordance with the stipulations and protect them from the influence of
external electrical voltage / hum.
Page 10
ENCLOSURE H
ORDERING / TERMINATION OF CFLs
List of contents
Chapter 1 Ordering
Chapter 2 Termination
Page 1
1 ORDERING
1.1 DELIVERY-TIME INFORMATION
Queries on sites which are particularly remote or difficult to develop and/or
queries on the delivery time for short-term services shall be made in writing to
the department specified in Enclosure I and shall specify an unequivocal
identification feature / identifier, the exact specification of the product and
the endpoint to be investigated, and shall be confirmed immediately by the said
department.
The delivery-time information shall also contain the delivery deadline desired
by FirstMark.
1.2 ORDERING OF CFLS
The order for CFLs shall be made in writing and shall specify all information
required for the provision and be made using the current order form and sent to
the department Central Order Processing, Carrier Services (COP CS). If the order
form changes, Telekom shall send the changed version to FirstMark. Within 2
working days following receipt of the order form, Telekom shall confirm to
FirstMark in writing by fax the receipt of the order and shall immediately
investigate the possibility of realisation of the CFLs.
The following specifications are required in an order for CFLs:
- Type of the carrier fixed link (bandwidth, bit rate)
- CFL with or without CRC4 signalling
- Number of CFLs;
- Endpoints of the CFLs:
- in inner communal areas:
postal address: street, number, postal code,
town/city;
- in outer areas: postal code,
town/city/location, general description of
location
and/or location sketch if available
or map cutting;
if possible, specification of the exchange area
of the endpoints
- Desired provision deadline;
- Desired rental period;
Page 2
- Site co-ordinates (X / Y values based on the Xxxxx-Xxxxxxx projection);
- Where applicable main-line link;
- Where applicable, whether increased network reliability is desired;
- Where applicable, whether sectional two-way routing is desired;
- Where applicable, whether additional troubleshooting service is
desired;
- Where applicable, whether delivery-time information has already been
given;
- Where applicable, whether deadline co-ordination with an ICAs provision
is desired;
- Where applicable, whether a special construction is desired;
- Where applicable, whether coupling with termination is desired;
- Where applicable, whether a single-endpoint relocation is desired.
1.3 ORDERING OF ADDITIONAL TELEKOM SERVICES
At least the following specifications are required for an order of additional
services in accordance with Enclosure C:
- Line description used by Telekom (where already communicated by Telekom
to FirstMark);
- Desired provision deadline;
- Reason for the order (express service, assurance of increased network
reliability etc.).
In addition, the following specifications are required in an order for a
capacity upgrade:
- Order number of the CFLs for which a capacity upgrade is to be
performed;
- Desired provision deadline;
- Type of the new upgrade carrier fixed link (bandwidth, bit rate);
- Desired rental period;
1.4 CANCELLATION / MODIFICATION OF AN ORDER
If FirstMark cancels an order before Telekom has confirmed a deadline, a
lump-sum cancellation fee in accordance with level a) of the tables below shall
be invoiced.
Page 3
FirstMark can cancel an ordered CFL free of charge within five working days of
communication of the provision deadline by Telekom if the provision deadline
communicated by Telekom exceeds the provision deadline desired by FirstMark in
the order by more than two (2) months.
FirstMark can also cancel an ordered CFL free of charge if Telekom's binding
provision deadline was not met but overstepped by more than two (2) months
without provision having taken place.
If, following the arrangement of a binding provision deadline, the provision of
a CFL is delayed for reasons for which Telekom is not responsible, Telekom shall
specify a latest possible provision deadline. After this, FirstMark can
recognise the new provision deadline as legally binding or cancel on payment of
a lump-sum cancellation fee which shall be calculated using the tables shown
below.
In all remaining cases, cancellation is ruled out.
The change of an order shall be treated as a cancellation followed by a new
order with the exception of the following cases.
Exceptions:
(1) If FirstMark desires an increase of the CFL bandwidth from 34 Mbit/s to
155 Mbit/s while retaining of the two ordered endpoints, Telekom shall
dispense with defining the order change as a cancellation followed by a
new order if the technical and operational possibilities allow this.
This provision shall also apply in the case of an increase in capacity
for the package solutions 16 and 21 x 2 Mbit/s.
(2) For all digital CFLs, an order for a capacity upgrade shall be
permitted even during the provision procedure.
If in this case the provision deadline already specified by Telekom is exceeded,
this shall not be at the expense of Telekom. For a new provision deadline which
may be necessary, the provision in Item 1.1 of Enclosure G shall apply
accordingly.
The amount payable by FirstMark to Telekom for a cancelled CFL is dependent on
the time of the cancellation and shall be calculated using the following table:
Time of cancellation prior Formula for determining the lump-sum cancellation fee
to provision deadline
(working days)
a) > 60 Lump sum: 800.00 DM (409.03 euros)
b) 30 to 60 RP (both endpoints) x 0.25 + alCln remuneration /
aCSP remuneration (both endpoints) x 0.25
c) 15 to 30 RP (both endpoints) x 0.5 + alCln remuneration /
aCSP remuneration (both endpoints) x 0.5
Page 4
Explanation of terms:
RP = current remuneration for provision
alCln remuneration = annual lump-sum remuneration for the connection-line
network
aCSP remuneration = annual remuneration for the collocation supply point
2 TERMINATION
2.1 GENERAL
In the case of the termination of a CFL contract or associated services, the
following specifications are required:
- Line description used by Telekom,
- Termination deadline,
- Reason for the termination (CFL, express troubleshooting, sectional
two-way routing etc.).
The termination of the contract shall be sent to the department specified in
Enclosure I and this department shall confirm it immediately.
2.2 TERMINATION OF CFLs NOT HAVING A BINDING RENTAL PERIOD
CFLs not having a binding rental period can be terminated at the end of each
working day. The termination must be effected in writing at least six working
days prior to the day on which it is to take effect.
If FirstMark terminates prior to the expiry of three months following provision,
it must pay the portion of the annual remuneration corresponding to the amount
due for three full months, irrespective of the actual utilisation duration.
2.3 TERMINATION OF CFLs HAVING A PRIVILEGED RENTAL PERIOD
In the case of CFLs having a privileged rental period, the rental period shall
be extended and the rate guaranteed for the privileged rental period retained if
FirstMark does not terminate the rental agreement 3 months before expiry of the
rental period. After expiry of the privileged rental period, the termination
time limit is one month to the end of a quarter.
A premature termination of the agreement for a CFL for which a privileged rental
period was agreed is possible by payment of a breakage fee. The amount of the
breakage fee is one quarter of the total remaining remuneration for the entire
link
Page 5
which would have been due up to expiry of the regular agreement time. The
breakage fee is payable as a single sum. The calculation shall take place on the
basis of the annual link price payable by FirstMark at the time of the premature
termination of the agreement (taking privileges into account). In the case of
CFLs which have been previously shortened in length due to a single-endpoint
relocation / relocation, the longer CFL shall be used for the calculation of the
breakage fee.
2.4 TERMINATION OF THE SERVICES "EXPRESS TROUBLESHOOTING" AND "INCREASED
NETWORK RELIABILITY / SECTIONAL TWO-WAY ROUTING"
The additional services "express troubleshooting" or "increased network
reliability / sectional two-way routing" can be terminated both together with
the CFL and on their own.
In both cases, the additional services can be terminated with a time limit of
three months but not earlier than the expiry of a minimum period of 12 months
following transferral of control over the additional services, and thereafter
also with a time limit of three months to the end of a quarter.
The minimum rental period of 12 months shall apply irrespective of whether
individual CFLs have been discontinued within the relevant traffic relationship.
If the number of CFLs in a traffic relationship increases, a new minimum period
of 12 months shall commence for the additional services. This shall not apply
for increases after termination of the additional services.
2.5 COUPLING OF PROVISION AND TERMINATION OF CFLs
If when terminating a CFL and simultaneously ordering a new CFL FirstMark
indicates a coupling of this measure (coupling measure), the utilisation
facility for and the remuneration obligation on the terminated CFL shall end on
the day of the delivery of the newly connected CFL. Couplings are possible at
the earliest after three months.
Telekom shall investigate the realisation of the coupling and shall notify
FirstMark as to whether the new CFL to be provided shall be manufactured without
using parts from the CFL to be switched off (coupling A) or whether in the
provision of the new CFL parts of the CFL to be switched off shall be used
(coupling B).
With the confirmation of the delivery deadline, Telekom shall inform FirstMark
of its expectations for realisation of the coupling. If parts of the CFL to be
switched off are used (coupling B), the performance of the complete test
procedure shall only be necessary for the part of the CFL which is to be newly
added.
In order to minimise the necessary switch-off of operation, the test of the
entire CFL shall be restricted to a short functional test lasting a maximum of
one hour.
If the deadline desired by FirstMark and confirmed by Telekom cannot be met for
reasons for which Telekom is responsible, the switching off of the CFLs
associated
Page 6
with the termination and additional services connected with this
shall be deferred for the relevant period with the continuation of the
remuneration obligation.
Page 7
ENCLOSURE I
CONTACT PERSON FOR TRANSFERRING CONTROL OVER CFLs
Page 1
BUSINESS RELATIONSHIPS
The parties to the agreement agree to the specification of the following
departments for the submission / acceptance of legally-binding declarations.
This includes, among other things, orders, changes, cancellations, terminations
and confirmations.
A TELEKOM:
-----------------
Postal address: Zentrale Auftragsabwicklung Carrier Services
(Central Order Processing, Carrier Services)
Xxxxxxxx 00 00 00
00000 Xxxxxxxxxx
Phone: (02 11) 62 11 - 46 14
Fax: (02 11) 62 11 - 49 63
B FIRSTMARK:
-------------------
Postal address: FirstMark Communications
Deutschland GmbH
Xxxxxxxxx. 000/000
00000 Xxxxxx
Phone: (0 30) 7 26 22 - 0
Fax: (0 30) 7 26 22 - 1 11
For INVOICING MATTERS, the following invoice addresses apply:
A TELEKOM:
-----------------
Deutsche Telekom AG
Kundenniederlassung Dusseldorf
- CSB -
Xxxxxxxx 00 00 00
00000 Xxxxxxxxxx
B FIRSTMARK:
-------------------
FirstMark Communications Deutschland GmbH
X/X XxxxxxXxx XxxX
Xxxxxxx-Xxxxxx-Xxxxx 00
00000 Xxxxxxxx
NC Berlin is the NETWORK-CONTROL department responsible for FirstMark
Phone: (0 30) 21 71 - 25 12
Fax: (0 30) 21 71 - 25 13
Page 2
Contact person for the ESCALATION PROCESS OF THE TROUBLESHOOTING PROCEDURE:
A TELEKOM:
-----------------
Escalation stage 1: (Manager of the network
control (NC) department)
Xx. Xxxx Xxxxxxx
Phone: (0 30) 21 71 - 25 10
Fax: (0 30) 21 71 - 25 11
Escalation stage 2: (Manager of QNM)
Xx. Xxxx-Xxxxxxx Xxxxx
Phone: (0 30) 21 71 - 75 00
Fax: (00 00) 00 00 00 00
Escalation stage 3: (Head of department SZ)
Xx. Xxxxxx Xxxxxxxxxx
Phone: (0 30) 75 74 - 30 00
Fax: (00 00) 00 00 00 00
Reorganisations in the area of Telekom can cause the NC contact person to
change.
This change is effected when FirstMark receives notification of the change
deadline and of the new contact address including telephone and fax number
without the change having to be terminated.
B FIRSTMARK:
-------------------
Escalation stage 1:
Xx. Xxxxxxx Xxxxxxx
Phone: (05 11) 8 79 77 - 4 55
Fax: (05 11) 8 79 77 - 4 09
Escalation stage 2:
Xx. Xxxxxxx Xxxxxxx
Phone: (05 11) 8 79 77 - 4 00
Fax: (05 11) 8 79 77 - 4 09
Escalation stage 3:
Mr. Xx. Xxxxxx Xxxxx
Phone: (05 11) 8 79 77 - 1 00
Fax: (05 11) 8 79 77 - 1 09
Page 3
Contact persons for the ESCALATION PROCESS OF THE PROVISION PROCEDURE:
A TELEKOM:
-----------------
Escalation stage 1: (Group manager COP CS)
Xx. Xxxxxxx Xxxxxxxxxx
Phone: (02 11) 62 11 - 46 11
Fax: (02 11) 62 11 - 49 63
Escalation stage 2: (Head of department COP CS)
Xx. Xxxx Kohlemann
Phone: (02 11) 62 11 - 41 00
Fax: (02 11) 62 11 - 49 00
Escalation stage 3: (Manager COP CS)
Xx. Xxxxx Xxxxx
Phone: (02 11) 62 11 - 30 00
Fax: (02 11) 62 11 - 39 00
B FIRSTMARK:
-------------------
Escalation stage 1:
Mr. Xxxxxx Xxxxxx
Phone: (05 11) 8 79 77 - 2 42
Fax: (05 11) 8 79 77 - 2 49
or
Xxx. Xxxxxx Xxxxxxx
Phone: (05 11) 8 79 77 - 2 43
Fax: (05 11) 8 79 77 - 2 49
Escalation stage 2:
Xx. Xxxxx Xxxxxxxxxx
Phone: (05 11) 8 79 77 - 2 40
Fax: (05 11) 8 79 77 - 2 49
Escalation stage 3:
Xx. Xxxxx Xxxxxxxxxx
Phone: (05 11) 8 79 77 - 2 40
Fax: (05 11) 8 79 77 - 2 49
Page 4
ENCLOSURE J
INSPECTION PROTOCOL AND ORDER FORM
Page 1
INSPECTION PROTOCOL FOR CFLs
XXX No.: When processed, please return to ZNV
LDC (Centre of National Sales /
licensed service providers and carriers)
---------------------------------------
Tel. No.: Fax No.:
---------------------------------------
Contact person (Tel. no.) of the
customer for end represented by:
Customer: DEUTSCHE TELEKOM AG
Division: Dept.:
Name: Name:
Tel. no.: Tel. no.:
Fax no.: Fax no.:
Line description customer Preliminary line description
Deutsche Telekom AG
------------------------------ ------------------------------
------------------------------ ------------------------------
SITE END -------------------------------------
-------------------------------------
(Deadline desired by customer)
Desired deadline (earliest
provision deadline):
Name:
----------------------------------------------------
Invoicing to ZNV LDC is not possible without the
Room: specification of the X and Y co-ordinates, of the
area code and of the exchange area. Please send
Street these details by fax to ZNV LDC without fail
----------------------------------------------------
Town/city and postal code: Area plan / installation sketch available: yes / no
will be submitted later by date:
X co-ordinate:
Y co-ordinate:
Location in the local network / exchange area:
Product: CFL 64U CFL 64S CFL 34M
2 Mbit/s: interface as per CFL 2MS CFL 2MU
CFL 140M ______________
CRC4: yes / no _______ (in accordance with application
Multiple-way identifiers:
Location in the network node of Deutsche Telekom AG
Constructional prerequisites fulfilled
Building construction completed by:
Unless otherwise agreed, the deadline for provision is 20 calendar days
Power supply completed by:
Unless otherwise agreed, the deadline for provision is 14 calendar days
Measures for the prevention of accidents completed by:
(see Sheet 2)
Access / entry facilities clarified
(see Sheet 2)
Construction of Deutsche Telekom AG radio link possible
(the customer has received the consent of the site owner)
Coupling available: Type A or Type B
End A or End B coupled with: __________ __________ __________
Manager SZ Endpoint A Endpoint B
Page 2
INSPECTION PROTOCOL FOR CFLs XXX No.:
-------------------------------------------------------------------------------
Reverse side
-------------------------------------------------------------------------------
Presumably a site which is particularly remote
-------------------------------------------------------------------------------
(more than 500 m of cable needs to be newly laid outside of existing lines)
-------------------------------------------------------------------------------
Presumably a site which is difficult to develop
-------------------------------------------------------------------------------
(costs exceed 70,000 DM / km on a continuous partial section of at least 200 m)
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Special installation desired
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Type:
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Access / entry facility
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Key available from:
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Arrange access / entry with:
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Required measures for the prevention of accidents
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Fulfilled:
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Measures still required:
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Other details / Area plan or installation sketch
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Page 3
-------------------------------------------------------------------------------
Date Network provider Deutsche Telekom AG
-------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Order made by: Order Order date:
--------------------------------------------------------------------------------
for a CFL Date received by
Deutsche Telekom AG:
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
transmission route
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Desired deadline: Order number:
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
New order TROUBLESHOOTING: BINDING RENTAL PERIOD: 2/4/6/8 years
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Upgrade (please make a cross in the appropriate box)
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Termination of contract Standard
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Cancellation 4h (with infra) without CRC4 signalling
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Delivery-time information 8h (without infra) increased network reliability
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
two-way routing in sections in the exchange area
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Type of transmission route:
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Digital CFL: unstructured structured optical electrical other
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
64k 2M 64k 2M 34M 155M 155M
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
(please make a cross in the appropriate box)
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
analogue CFL, type:
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Endpoint A: Endpoint B:
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Street, number: Street, number:
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Town/city and postal code: Town/city and postal code:
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
X co-ordinate: X co-ordinate:
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Y co-ordinate: Y co-ordinate:
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Contact person: Contact person:
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Telephone: Telephone:
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Fax: Fax:
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Special requests:
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Page 4
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--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Date, signature, stamp
--------------------------------------------------------------------------------
Page 5