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DATED _______________________________ 1996
(1) BRITISH TELECOMMUNICATIONS PLC
(2) NYNEX CABLECOMMS BOLTON
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TRANSITION AGREEMENT
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CONTENTS
Introduction
Clauses
1. Definitions and Interpretation
2. Commencement
3. Transition and Termination
4. Charges
5. Disputes
6. Information, Forecasting and Capacity orders
7. Testing and Initial Interconnection
8. Review
9. Assignment
10. Notices
11. New Interconnection Agreement
12. Variations
13. Waiver
14. Miscellaneous
15. Governing Law
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DATED ____________________________________ 1996
PARTIES
(1) BRITISH TELECOMMUNICATIONS PLC (registered in England No. 1800000)
having its registered office at 81 Newgate Street, London, EC1A 7AJ
("BT"), and
(2) NYNEX CABLECOMMS BOLTON (registered in England No. 1883383) having its
registered office at The Tolworth Tower, Ewell Road, Surbiton, Surrey,
KT6 7ED (the "Operator").
INTRODUCTION
A By an agreement dated 1 August 1994 (the "Original Agreement") the
Parties had agreed to connect the Operator System and the BT System.
B The Parties have agreed to enter into a New Interconnect Agreement of
the same date as this Agreement which New Interconnect Agreement shall
be deemed to have taken effect from the Commencement Date.
C Simultaneously with the signing of the New Interconnect Agreement the
Parties agree to the termination of the Original Agreement, save to the
extent set out below, on the terms and conditions of this Agreement.
IT IS AGREED AS FOLLOWS:
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, except if the context requires otherwise, words and
expressions have the following meanings:
"ADJUSTMENT PERIOD" the period from the Commencement Date to the date hereof
(both dates inclusive);
"AGREEMENT" this agreement including the Annexes;
"COMMENCEMENT DATE" 1 April 1995;
"NEW INTERCONNECT the BT revised standard interconnect agreement
AGREEMENT" between the Parties dated the same date as this
Agreement;
"ORIGINAL AGREEMENT" the agreement referred to in Recital A;
1.2 Words and expressions used in the New Interconnect Agreement shall have
the same meaning herein as therein.
1.3 The Interpretation Act 1978 shall apply for the purpose of interpreting
this Agreement as if this Agreement were an Act of Parliament.
2. COMMENCEMENT
2.1 This Agreement takes effect from the date hereof.
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2.2 Subject to the provisions of this Agreement, the Parties agree that the
New Interconnect Agreement shall be deemed to have taken effect on and
from the Commencement Date.
3. TRANSITION/TERMINATION
3.1 The Parties hereby agree with effect from midnight on 31 March 1995
that the Original Agreement shall be deemed to have been terminated
save to the extent necessary to give effect to the provisions of this
Agreement.
3.2 Subject to the provisions of paragraphs 3, 4, and 8 of this Agreement
for the Adjustment Period each Party agrees to waive all its rights
under the New Interconnect Agreement to bring a claim against the other
in respect of acts or omissions of the other Party occurring prior to
the date hereof which constitute a breach of the New Interconnect
Agreement, provided always that such act or omission of the other Party
would not have been a breach of the Original Agreement had it been in
force at the time when the act or omission occurred.
3.3 If a Party reasonably considers that all monies owing by each Party to
the other under the Original Agreement have been paid such Party may
serve a written notice on the other requesting the termination of all
provisions of the Original Agreement pursuant to this Agreement.
3.4 If the Party receiving the notice pursuant to paragraph 3.3 does not
serve a written notice of objection to the proposed termination of all
provisions of the Original Agreement within 30 calendar days from the
date of service of the notice pursuant to paragraph 3.3, the Original
Agreement shall be terminated on such date as is 30 calendar days from
the date of service aforesaid and the provision of paragraph 3.5 shall
apply.
3.5 The Parties agree that with effect from such date as is ascertained
pursuant to paragraph 3.4 on the termination of the Original Agreement
(and notwithstanding such termination anything to the contrary in the
Original Agreement including any provisions therein which are expressly
stated to survive after such termination) each Party releases the other
from each and all of its undertakings, obligations and restrictions
contained in the Original Agreement and waives all rights each has
(past, present and future) under the Original Agreement to bring a
claim against the other pursuant to the terms of the Original Agreement
in respect of events occurring prior to the date of such termination or
occurring at any time thereafter.
4. CHARGES
4.1 All Billing Information provided under the Original Agreement prior to
the date hereof in respect of the Adjustment Period shall be deemed to
have been provided under the New Interconnect Agreement.
4.2 All charges based on Billing Information in respect of the Adjustment
Period shall, if practicable, be recalculated without adjustment of the
Billing Information by the Billing Party by applying the charges
specified from time to time in the Carrier Price List which apply to
that period.
4.3 If re-calculation of the charges under paragraph 4.2 is not practicable
because the Billing Information for Calls is in a time of day format
where it has been measured in periods of Peak, Standard and Cheap (as
defined in the Original Agreement), then the Billing Party shall
convert the Billing Information in accordance with Annex 1and/or Annex
4, as appropriate.
4.4 If re-calculation of the charges under paragraphs 4.2 and/or 4.3 is not
practicable because the Billing Information is in distance - based Call
segments, then the Billing Party shall establish in accordance with
Annex 2 and/or Annex 4, as appropriate the applicable Call segment
category under the New Interconnect Agreement.
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4.5 The Billing Party shall re-calculate the charge for any Interconnect
Link in accordance with Annex 3.
4.6 If a Data Management Amendment has been requested by the Operator and
the Data Management Amendment has been implemented by BT since the
Commencement Date, such request shall be deemed a Data Management
Amendment order under the New Interconnect Agreement and BT shall apply
the charges specified from time to time in the Carrier Price List to
such an order.
4.7 For the purposes of re-calculating charges, a service previously
provided by one Party to the other Party under the Original Agreement
shall be deemed to be the equivalent service provided under the New
Interconnect Agreement.
4.8 Each Party who is a Billing Party shall use its reasonable endeavours
to carry out such re-calculation of charges and send appropriate
invoices or credit notes not later than 90 calendar days from the date
hereof provided that if Annex 1 and/or Annex 2 applies an invoice shall
be sent not later than 90 calendar days from the date of ascertainment
of the changes.
4.9 Notwithstanding anything herein or in the New Interconnect Agreement to
the contrary nothing in this Agreement shall prejudice or constitute a
waiver by either Party of its right to recover payments of amounts due
in the ordinary course of business between BT and the Operator in
respect of any period up to the date hereof.
4.10 Nothing in this Agreement shall give either Party a right to have a
charge which applies from the Commencement Date applied in respect of
any period prior to that date.
4.11 Each Party shall provide to the other invoices (or credit notes) for
all amounts due to it (or owing by it) calculated or re-calculated in
accordance with this Agreement and Annex B of the New Interconnect
Agreement.
4.12 Each Party shall pay the charges calculated in accordance with, and
within the time specified in the New Interconnect Agreement.
4.13 If an overpayment has occurred and a refund is payable interest shall
be calculated and paid on the difference between the charges paid under
the Original Agreement and the charges payable under the New
Interconnect Agreement at the OFTEL Interest Rate calculated from the
later of the date on which the relevant charges were due to be paid or
were paid under the Original Agreement to the date on which the
difference is paid.
4.14 If an underpayment has occurred and an amount is payable from one
Party to the other there shall be included in the calculation of
interest at the OFTEL Interest Rate, interest which shall be calculated
and paid on the difference (if any) between the amount paid under the
Original Agreement and the relevant amount charged under the New
Interconnect Agreement calculated from such date as would have been the
due date had the amount been invoiced under the Original Agreement.
5. DISPUTES
5.1 In the event of a Dispute arising out of this Agreement the provisions
of paragraph 26 of the main body of the New Interconnect Agreement
shall apply provided that if a Dispute concerns the accuracy of an
invoice the provisions of paragraph 6 of Annex B of the New
Interconnect Agreement shall apply.
6. INFORMATION, FORECASTING AND CAPACITY ORDERS
6.1 A requirement pursuant to the New Interconnect Agreement to provide or
place (as the case may be) information including, nomination of Switch
Connections, forecasts, Capacity Profiles, Advance Capacity Orders,
Capacity Orders and requests for Capacity Rearrangements of whatsoever
nature shall be deemed satisfied if the equivalent information was
provided or placed
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under the Original Agreement. The Parties waive their respective
rights under the New Interconnect Agreement to require further
provision of information deemed by this paragraph to have been so
provided.
7. TESTING AND INITIAL INTERCONNECTION
7.1 For the purposes of the New Interconnect Agreement, initial
interconnection shall be deemed to have taken place and all
requirements in respect of such interconnection (insofar as such
requirements have been complied with) shall be deemed to have been
satisfied on the Commencement Date.
7.2 The switch testing referred to in paragraph 14 of Annex A of the New
Interconnect Agreement shall be deemed to have been satisfactorily
completed in accordance with the terms of the New Interconnect
Agreement.
8. REVIEW
8.1 The Parties acknowledge that the Original Agreement shall remain in
full force and effect to the extent necessary to give effect to any
settlement of monies pursuant to a review or determination by the
Director General in respect of any period prior to the Commencement
Date.
8.2 Without prejudice to either Party's right (whether under the Original
Agreement or otherwise) legally to challenge a review or determination,
the Parties undertake to modify or replace such terms of the Original
Agreement as continue in force pursuant to paragraph 8.1 and/or make
any such adjustments to charges as shall accord with a determination
referred to in paragraph 8.1.
9. ASSIGNMENT
9.1 Unless otherwise agreed in writing, no rights, benefits or obligations
under the Agreement may be assigned or transferred, in whole or in
part, by a Party without the prior written consent of the other Party.
10. NOTICES
10.1 A notice shall be duly served if:
10.1.1 delivered by hand, at the time of actual delivery;
10.1.2 sent by facsimile, upon its receipt being confirmed;
10.1.3 sent by recorded delivery post, 4 calendar days after the day of
posting.
10.2 Except where otherwise specifically provided all notices and other
communications relating to this Agreement shall be in writing and shall
be sent as follows:
If to the Operator:
The General Manager Interconnect,
Nynex Cablecomms Bolton
The Tolworth Tower,
Ewell Road,
Surrey KT6 7ED
If to BT:
Contract Liaison Manager
Nynex Cablecomms Bolton. pp 7099
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British Telecommunications plc
Tenter House
45 Moorfields
London EC2Y 9TH
or to such other address as the Parties may from time to time notify
pursuant to this paragraph 10.
11. NEW INTERCONNECTION AGREEMENT
11.1 This Agreement insofar as it makes provision for the Adjustment Period
is an amendment to the main body of the New Interconnect Agreement
pursuant to paragraph 30 thereof.
12. VARIATIONS
12.1 No variations of this Agreement shall be effective unless agreed in
writing by the Parties and signed by a person nominated in writing on
behalf of:
12.1.1 BT, by the director, BT Carrier Services (or his successor);
12.1.2 the Operator, by a director or the company secretary (or equivalent
office holder) of the Operator.
13. WAIVER
13.1 The waiver of any breach of, or failure to enforce, any term or
condition of this Agreement shall not be construed as a waiver or a
waiver of any other breach of the same or any other term or condition
of this Agreement. No waiver shall be valid unless it is in writing
and signed on behalf of the Party making the waiver.
14. MISCELLANEOUS
14.1 Termination or expiry of this Agreement shall not be deemed a waiver of
a breach of any term or condition of this Agreement and shall be
without prejudice to a Party's rights, liabilities or obligations that
have accrued prior to such termination or expiry.
15. GOVERNING LAW
15.1 The interpretation, validity and performance of this Agreement shall be
governed in all respects by the laws of England and Wales and the
Parties submit to the exclusive jurisdiction of the English Courts.
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IN WITNESS WHEREOF THIS AGREEMENT was entered into the day and year first before
written.
SIGNED for and on behalf of
NYNEX CABLECOMMS BOLTON
Signed: ___________________________________
Name: _____________________________________
Position: _________________________________
SIGNED for and on behalf of
BRITISH TELECOMMUNICATIONS plc
Signed: ___________________________________
Name: _____________________________________
Position: _________________________________
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ANNEX 1 - PART A
TIME OF DAY
1.1 If Billing Information for Calls is in a time of day format of Peak,
Standard and Cheap (as defined in the Original Agreement), the
following steps shall be undertaken to convert the Billing Information
into Daytime, Evening and Weekend (as defined in the New Interconnect
Agreement).
1.2 Calls in the Peak and Standard periods shall be deemed to be Calls to
which the charge for the Daytime period specified from time to time in
the Carrier Price List shall apply.
1.3 Calls in the Cheap period shall be allocated to the Evening and Weekend
periods in the proportion calculated as follows:
1.3.1 BT shall measure the total of the Chargeable Call Duration of Calls in
each of the Evening and Weekend periods during a Billing Period.
1.3.2 The following formula shall be calculated using the Billing
Information ascertained under paragraph 1.3.1:
A = B x 100
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C
A = percentage of Call minutes in the Evening period;
B = total Chargeable Calls Duration of Calls in the Evening
period measured over the Billing Period;
C = total Chargeable Call Duration of Calls in the Evening
and Weekend periods measured over the Billing Period.
1.3.3 The total of the Chargeable Call Duration of Calls in the Cheap period
shall be multiplied by A and this shall be deemed to be the proportion
of Calls to which the charge for the Evening period specified from time
to time in the Carrier Price List shall apply.
1.3.4 The balance of such Calls shall be deemed to be Calls to which the
charge for the Weekend period specified from time to time in the
Carrier Price List shall apply.
1.4 If the Parties fail to agree that the measured Calls over the Billing
Period are representative of any Billing Period between the
Commencement Date and the date INCA starts recording on an EBC basis,
then the Parties agree that a Dispute shall be deemed to have arisen
for the purposes of paragraph 5 of this Agreement.
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ANNEX 1 - PART B
TIME OF DAY
1.1 If Billing Information for Calls to international destinations is in a
time of day format of, Standard and Cheap (as defined in the Original
Agreement, Annex C, Table B, Note (1)), the following steps shall be
undertaken to convert the Billing Information into Daytime, Evening and
Weekend (as defined in the New Interconnect Agreement).
1.1.1 BT shall measure the total of the Chargeable Call Duration of
international calls in each of the Daytime, Evening and Weekend periods
during a Billing Period for each international destination country or
charge band as appropriate.
1.1.2 The following formulae shall be calculated using the Billing
Information ascertained under paragraph 1.1.1:
D = d x 100 E = e x 100 W = w x 100 where :
- - -
C C C
D = percentage of Daytime Call minutes;
E = percentage of Evening Call minutes;
W = percentage of Weekend Call minutes;
d = total Chargeable Calls Duration of Calls in the Daytime period
measured over the Billing Period;
e = total Chargeable Calls Duration of Calls in the Evening period
measured over the Billing Period;
w = total Chargeable Calls Duration of Calls in the Weekend period
measured over the Billing Period;
C = total Chargeable Call Duration of Calls in the Daytime, Evening
and Weekend periods measured over the Billing Period ( d + e + w).
1.1.3 For each Billing Period and each International Destination Country or
Charge Band as appropriate, the total of the Chargeable Call Duration
of Calls shall be multiplied by D, E and W, respectively. The
products of these calculations shall be deemed to be the Chargeable
Call Duration of Calls to which the charge for the relevant period
specified from time to time in the Carrier Price List shall apply.
1.2 If the Parties fail to agree that the measured Calls over the Billing
Period are representative of any Billing Period between the
Commencement Date and the date INCA starts recording on an EBC basis,
then the Table listed below shall be used to determine the allocation
of such Billing Information to the appropriate time of day period.
1.3 If the Parties fail to agree that the measured Calls over the Billing
Period are representative of any Billing Period between the
Commencement Date and the date INCA starts recording on an EBC basis,
then the Parties agree that a Dispute shall be deemed to have arisen
for the purposes of paragraph 5 of this Agreement.
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APPENDIX TO ANNEX 1 - PART B
PERCENTAGES TO BE APPLIED TO TIMES OF DAY UNDER THE ORIGINAL AGREEMENT TO
CONVERT TO TIMES OF DAY UNDER THE NEW INTERCONNECT AGREEMENT.
TABLE
DAYTIME EVENING WEEKEND TOTAL
CHARGE BAND Stand Cheap Total Stand Cheap Stand Cheap Stand Cheap Stand Cheap
1 83.3 0.0 16.7 100.0 0.0 0.0 100 100
2 83.3 0.0 16.7 100.0 0.0 0.0 100 100
3 83.3 0.0 16.7 100.0 0.0 0.0 100 100
4 83.3 0.0 16.7 100.0 0.0 0.0 100 100
5 83.3 0.0 16.7 100.0 0.0 0.0 100 100
6 38.7 20.8 61.3 79.2 0.0 0.0 100 100
7 47.6 0.0 52.4 100.0 0.0 0.0 100 100
8 47.6 0.0 52.4 100.0 0.0 0.0 100 100
9 83.3 0.0 16.7 100.0 0.0 0.0 100 100
10 83.3 0.0 16.7 100.0 0.0 0.0 100 100
11 47.6 0.0 52.4 100.0 0.0 0.0 100 100
12 47.6 0.0 52.4 100.0 0.0 0.0 100 100
13 47.6 0.0 52.4 100.0 0.0 0.0 100 100
IRISH REPUBLIC 100.0 0.0 0.0 100.0 0.0 0.0 100 100
(Note: Weekend has not been used in the allocation as the prices in the Weekend
period are the same as those in Evening)
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ANNEX 2 - PART A
DISTANCE/ELEMENT-BASED CONVEYANCE
BT TELEPHONY CALLS
Backdating Methodology
1 If Billing Information is in distance-based Call segments, the
following steps shall be taken to convert the Billing Information into
element-based segments:
1.1 Calls which are DLE segment calls (as referred to in the Original
Agreement) shall be deemed to be BT Local Exchange Segment Calls (as
defined in the New Interconnect Agreement).
1.2 The sum of all other BT Telephony Calls shall be allocated between BT
Single Tandem Segment Calls and BT Double Plus Tandem Segment Calls in
the proportion calculated as follows:
1.2.1 BT shall measure the total of the Chargeable Call Duration in each of
Daytime, Evening and Weekend periods of all other relevant Calls for a
Billing Period for each of BT Single Tandem Segment Calls and BT Double
Plus Tandem Segment Calls.
1.2.2 The following formula shall be calculated using the Billing
Information ascertained under paragraph 1.2.1:
A = B x 100
--
C
A = percentage of Call minutes being BT Single Tandem Segment Calls for
the relevant time of day period;
B = total Chargeable Call Duration of BT Single Tandem Segment Calls
for the relevant time of day period measured over the Billing
Period;
C = total of Calls except BT Local Exchange Segment Calls for the
relevant time of day period measured over the Billing Period.
1.2.3 The total of the Chargeable Call Duration of Calls less those for BT
Local Exchange Segment Calls for each time of day period shall be
multiplied by A and shall be deemed to be the proportion of Calls to
which the charge for a BT Single Tandem Segment Call specified from
time to time in the Carrier Price List shall apply. The balance of such
Calls except BT Local Exchange Segment Calls shall be deemed to be
Calls to which the charge for a BT Double Plus Tandem Segment Call
specified in the Carrier Price List shall apply.
Fallback Methodology
1.3 If the Parties fail to agree that the measured Calls over the Billing
Period are representative of any earlier Billing Period between the
Commencement Date and the date INCA starts recording on an EBC distance
related basis, the following formulae will be used to convert Billing
Information for that period into element-based segments:
1.3.1 Calls which are DLE segment Calls (as referred to in the Original
Agreement) shall be deemed to be BT Local Exchange Segment Calls (as
defined in the New Interconnect Agreement)
1.3.2 Calls which are local tandem Calls (as referred to in the Original
Agreement) shall be allocated to BT Single Tandem Segment Calls and BT
Double Plus Tandem Segment Calls in the proportion calculated as
follows:
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BT Single Tandem Segement Calls = local tandem Calls x 96%
BT Double Plus Tandem Segment Calls = local tandem Calls x 4%
where the above percentages are the proportion of local tandem
Calls in the BT network which are Calls which are equivalent to BT
Single Tandem Segment Calls and BT Double Plus Tandem Segment
Calls.
1.3.3 Calls which are short national Calls (as referred to in the
Original Agreement) shall be allocated to BT Single Tandem Segment
Calls and BT Double Plus Tandem Segment Calls in the proportion
calculated as follows:
BT Single Tandem Segement Calls = short national Calls x 68%
BT Double Plus Tandem Segment Calls = short national Calls x 32%
where the above percentages are the proportion of short national
Calls in the BT network which are Calls which are equivalent to BT
Single Tandem Segment Calls and BT Double Plus Tandem Segment
Calls.
1.3.4 Calls which are long national Calls (as referred to in the
Original Agreement) shall be allocated to BT Single Tandem Segment
Calls and BT Double Plus Tandem Segment Calls in the proportion
calculated as follows:
BT Single Tandem Segment Calls = long national Calls x 14%
BT Double Plus Tandem Segment Calls = long national Calls x 86%
where the above percentages are the proportion of long national
Calls in the BT network which are Calls which are equivalent to BT
Single Tandem Segment Calls and BT Double Plus Tandem Segment
Calls.
BT TRANSIT CALLS
Backdating Methodology
2 If Billing Information is in distance based Call segments, the
following steps shall be taken to convert the Billing Information into
element-based segments:
2.1 The sum of all relevant Calls under Table D I of Annex C (as referred
to in the Original Agreement) shall be allocated between BT Single
Tandem Transit Calls and BT Double Plus Tandem Transit Calls in the
proportion calculated as follows: 2.1.1 BT shall measure the total of
the Chargeable Call Duration in each of Daytime, Evening and Weekend
periods and for each Third Party Operator of all relevant Calls for a
Billing Period for each of BT Single Tandem Transit Calls and BT Double
Plus Tandem Transit Calls.
2.1.2 The following formula shall be calculated using the Billing Information
ascertained from paragraph 2.1.1:
A = B x 100
--
C
A = percentage of Call minutes being BT Single Tandem Transit Calls
for the relevant time of day period and to any Third Party
Operator;
B = total Chargeable Call Duration of BT Single Tandem Transit Calls
for the relevant time of day period and to any Third Party
Operator measured over the Billing Period;
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C = total of Calls for the relevant time of day period and to any
Third Party Operator measured over the Billing Period.
2.1.3 The total of the Chargeable Call Duration for Calls for each relevant
time of day period and to any Third Party Operator shall be multiplied
by A and shall be deemed to be the proportion of Calls to which the
charge for a BT Single Tandem Transit Call specified from time to time
in the Carrier Price List shall apply. The balance of such calls shall
be deemed to be Calls to which the charge for a BT Double Plus Tandem
Transit Call specified in the Carrier Price List shall apply.
Fallback Methodology
2.2 If the Parties fail to agree that the measured Calls over the Billing
Period are representative of any earlier Billing Period between the
Commencement Date and the date INCA starts recording on a distance
related basis, the following formulae will be used to convert Billing
Information for that period into element-based segments:
2.2.1 Calls which are local tandem Calls under Table D I of Annex C shall be
deemed to be BT Single Tandem Transit Calls and BT Double Plus Tandem
Transit Calls in the proportion calculated as follows:
BT Single Tandem Transit Calls = local tandem Calls x 96%
BT Double Plus Tandem Transit Calls = local tandem Calls x 4%
where the above percentages are the proportion of local tandem Calls in
the BT network which are Calls which are equivalent to BT Single Tandem
Transit Calls and BT Double Plus Tandem Transit Calls.
2.2.2 Calls which are short national Calls under Table D I of Annex C (as
referred to in the Original Agreement) shall be allocated to BT Single
Tandem Transit Calls and BT Double Plus Tandem Transit Calls in the
proportion calculated as follows:
BT Single Tandem Transit Calls = short national Calls x 68%
BT Double Plus Tandem Transit Calls = short national Calls x 32%
where the above percentages are the proportion of short national
Calls in the BT network which are Calls which are equivalent to BT
Single Tandem Transit Calls and BT Double Plus Tandem Transit
Calls.
2.2.3 Calls which are long national Calls under Table D I of Annex C (as
referred to in the Original Agreement) shall be allocated to BT Single
Tandem Transit Calls and BT Double Plus Tandem Transit Calls in the
proportion calculated as follows:
BT Single Tandem Transit Calls = long national Calls x 14%
BT Double Plus Tandem Transit Calls = long national Calls x 86%
where the above percentages are the proportion of long national Calls
in the BT network which are Calls which are equivalent to BT Single
Tandem Transit Calls and BT Double Plus Tandem Transit Calls.
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DISPUTE
2.3 If under Annex 2 Part A the Parties fail to agree that the measured
Calls over the Billing Period are representative of any Billing Period
and subsequently fail to agree the element-based segments derived from
the relevant fallback methodology, then the Parties agree that a
Dispute shall be deemed to have arisen for the purposes of paragraph 5
of this Agreement.
2.4 For the avoidance of doubt, paragraphs 2.2 to 2.2.3 (inclusive) do not
apply to transit Calls to non-geographic destinations. If the Parties
fail to agree on transit Calls to non-geographic destinations a Dispute
shall be deemed to have arisen for the purposes of paragraph 5 of the
Agreement.
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ANNEX 2 - PART B
Distance De-averaging of Double Plus Tandem Segment Calls
1.1 There shall be measured for a Billing Period the total Chargeable Call
Duration in each of Daytime, Evening and Weekend for all relevant
double plus tandem segment Calls deaveraged on the distance related
basis specified in paragraph 1.2 of Part B of this Annex.
1.2 The following formulae shall be calculated using Billing Information
ascertained under paragraph 1.1:
B1 = A1 x 100; B2 = A2 x 100; B3 = A3 x 100
-- -- --
C C C
WHERE:
A1, A2, A3 are the total Chargeable Call Durations of relevant double
plus tandem segment Calls for the following distances:
A1 >0 - <100kms
A2 100 - <200kms
A3 200 + kms
for each relevant time of day period;
B1, B2 and B3 are the percentages calculated in the above formulae; and
C = A1 + A2 + A3
1.3 For each Billing Period from the Commencement Date to the date when
INCA starts recording on an EBC distance related basis, the total of
the Chargeable Call Duration of all relevant double plus tandem segment
Calls for each time of day period shall be multiplied by, B1, B2 or B3,
respectively, and the product shall be the Chargeable Call Duration to
which the charge for the relevant segment specified from time to time
in the Carrier Price List, apply.
1.4 Pursuant to paragraphs 1.1 to 1.3 BT shall measure and calculate BT
Double Plus Tandem Segment Calls and BT Double Plus Tandem Transit
Calls.
1.5 It is acknowledged that the provisions of paragraphs 1.1 to 1.5
(inclusive) of this Annex 2 - Part B shall be carried out not earlier
than October 1996. It is further acknowledged that, until completion
of the procedure specified in paragraphs 1.1 to 1.5 (inclusive) of
Annex 2 - Part B, the Interim Charge in the column for BT Double Plus
Tandem Segment Calls in the distance category of 100<200 km shall apply
from the Commencement Date to all BT Double Plus Tandem Segment Calls.
1.6 If the Parties fail to agree that the measured Calls over the Billing
Period are representative of any Billing Period, then the Parties agree
that a Dispute shall be deemed to have arisen for the purposes of
paragraph 5 of this Agreement.
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ANNEX 3
INTERCONNECT LINKS
1.1 If the first rental period for an Interconnect Link commences on or
after the Commencement Date, the connection charge for such
Interconnection Link shall be recalculated in accordance with the New
Interconnect Agreement.
1.2 Rental charges paid in advance for any rental period on or after the
Commencement Date shall be recalculated in accordance with the New
Interconnect Agreement.
1.3 Any agreements between the Parties for Interconnect Links provided
under BT's conditions/private service in accordance with the BT Retail
Price List shall be deemed to have been terminated on 31 March 1995 and
such Interconnect Link shall be deemed to have been provided under the
New Interconnect Agreement.
1.4 The periods of time set out in paragraph 7.8.2 of Schedule 130 of the
New Interconnect Agreement for the calculation of Co and Ct shall be
amended such that the relevant period of time for the calculation of
rental payment from the Commencement Date to the date hereof shall be
the period between the Commencement Date and the 31st December 1995.
1.5 If the Operator has obtained Customer Sited Interconnect by a contract
with BT for the provision of private services in accordance with the BT
Retail Price List, the Operator shall hereby be released from such
contract without the payment of the rental and other charges referred
to in paragraph 17.1.2 of such contract.
________________________________________________________________________________
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________________________________________________________________________________
ANNEX 4
"OPERATOR SERVICES"
1.1 For (a) inland Transfer Charge Calls handed over from the BT System
and terminating on the Operator System and (b) onward connect Calls
listed in paragraph 2.3.1 of Schedule 120 of the New Interconnect
Agreement the Billing Party shall convert the proportion of such Calls
into Daytime, Evening and Weekend using the methodology in Annex 1, or,
if the Operator has taken an NOA Service, Calls to such service shall
be sampled using such the Annex 1 methodology.
1.2 For inland Transfer Charge Calls handed over from the Operator System
to the BT System for which the Calling Party uses the NOA Service BT
shall convert a proportion of such Calls into Daytime, Evening and
Weekend by sampling all Calls to the NOA Service using the methodology
in Annex 1.
1.3 For Operator International Incoming Calls handed over from the BT
System to the Operator System which are international Calls BT shall
convert the proportion of such Calls into BT Direct Calls and Incoming
Call Collect by sampling such Calls and a further sample shall be taken
to convert both such categories of Calls in the appropriate BT
international charge band specified in the BT Retail Price List.
1.4 For international operator assistance Calls listed in paragraphs 2.3.1
and 2.3.2 of Schedule 122 of the New Interconnect Agreement if Billing
Information is not provided on a per Call basis BT shall convert the
propotions of such Calls into "Personal" and "non-personal" by sampling
the Calls.
________________________________________________________________________________
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________________________________________________________________________________
General Manager Interconnect,
NYNEX Cablecomms Bolton
The Tolworth Tower
Ewell Road
Surbiton
Surrey KT6 7ED
1996
Dear Sir
INTERCONNECT AGREEMENT BETWEEN NYNEX CABLECOMMS BOLTON AND BRITISH
TELECOMMUNICATIONS PLC DATED DAY OF 1996 ("THE AGREEMENT")
We refer to the Agreement. Words and expressions used in this letter have the
same meanings as in the Agreement.
This letter is an agreement in writing by us pursuant to paragraph 30 of the
Agreement.
For the services to be provided by the Operator under the Schedules listed in
Annex 1 of this letter it is agreed, on a provisional basis, pursuant to
paragraph 13.2 of the Agreement (in addition to the provisions of paragraphs 19
and 20 of the Agreement), that the Interim Charges listed in Annex 1 are the
Interim Charges for such services with effect from 1/04/96 for the Financial
Year in Question (1/04/96 to 31/03/97).
It is agreed pursuant to paragraph 13.2.1 that the charges listed in Annex 1
shall be reviewed on the date that:
(a) a determination by the Director General of the BT Charges for the number
portability service provided by BT;
(b) a determination by the Director General of the charges for the number
portability service provided by the Operator; and
(c) a change (other than as a result of a determination by the Director
General) of the BT Charge for the number portability service provided by
BT in the Carrier Price List
is published for all or portion of the Financial Year in Question (1/04/96 to
31/03/97).
Following the above reviews any changes to the charges for the Financial Year
in Question (01/04/96 to 31/03/97) for any such services provided by the
Operator, will take effect from 01/04/96 and the Operator or BT, as the case
may be, shall recalculate the charges in respect of such service for the
Financial Year in Question using the new charge and calculate the interest for
any sum overpaid or underpaid at the OFTEL Interest Rate.
The Number Portability charges for the services provided by BT are listed in
Annex 2 attached to this letter.
It is agreed that, where a Party (the "Requested Party") does not offer a per
line set up service level which is equivalent to the service level offered by
the other Party (the "Requesting Party"), the per line set up charge paid by
the Requesting Party shall be the charge for the equivalent service offered by
the Requesting Party.
As Number Portability described in Schedule 04 (including the services referred
to in paragraph 2.9 in that Schedule) is not a standard service it will be
shown in the Carrier Price List as a BT Charge.
________________________________________________________________________________
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________________________________________________________________________________
It is agreed that pending a modification of the BT Licence relating to the
provision of a Number Portability service it is BT's intention to change the BT
Charge for Number Portability as detailed in Schedule 04 (including the
services referred to in paragraph 2.9 in that Schedule) taking into account the
changes in relevant costs as such costs are used by the Director General in
determining Interim Charges and Final Charges for the relevant Financial Years
in Question.
Notwithstanding that any determination by the Director General of charges (if
any) for services provided under Schedule 04 (including the services referred
to in paragraph 2.9 in that Schedule) are determined after the date of this
letter the Parties agree to apply the determined charges back to 01/04/96.
The Parties agree for the purpose of paragraph 19.1.1 of the Agreement, that
modification of either Party's Licence relating to the provision of a number
portability service shall entitle either Party to seek to amend the Agreement
by serving a review notice.
Yours faithfully Accepted and agreed:
For an on behalf of For and on behalf of
BRITISH TELECOMMUNICATIONS PLC NYNEX CABLECOMMS BOLTON
________________________________________________________________________________
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ANNEX 1
NYNEX CABLECOMMS BOLTON
1. NUMBER PORTABILITY CHARGES
Per line set up charge
Fax based, no Real Time Router Pounds Sterling 9.23
Electronic Data Interchange, no
Real Time Router Pounds Sterling 8.03
Fax based, Real Time Router in use Pounds Sterling 8.60
Electronic Data Interchange, Real
Time Router in use Pounds Sterling 7.40
Data Build Charges
Fixed charge Pounds Sterling 1,886.44
Zone charge Pounds Sterling 41.13
Processor charge Pounds Sterling 42.84
Where BT's requirement results in more than one prefix being implemented at the
same time at a particular Operator switch then the processor charge for the
second and each further prefix implementation shall be;
Processor charge Pounds Sterling 16.91
ANNEX 2
BT
1. NUMBER PORTABILITY CHARGES
Per line set up charge
Fax based, no Real Time Router Pounds Sterling 9.23
Electronic Data Interchange, no
Real Time Router Pounds Sterling 8.03
Fax based, Real Time Router in use Pounds Sterling 8.60
Electronic Data Interchange, Real
Time Router in use Pounds Sterling 7.40
Additional Conveyance Charges
Daytime Evening Weekend
Pence per minute 0.15 0.09 0.07
Data Build Charges
Fixed charge Pounds Sterling 1,886.44
Zone charge Pounds Sterling 41.13
Processor charge per system X Pounds Sterling 42.84
Processor charge per system AXE10 Pounds Sterling 44.83
Where the Operator's requirement results in more than one prefix being
implemented at the same time at a particular BT switch then the processor
charge for the second and each further prefix implementation shall be;
Processor charge per system X Pounds Sterling 16.91
Processor charge per system AXE10 Pounds Sterling 18.90
_______________________________________________________________________________
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________________________________________________________________________________
The General Manager
NYNEX CableComms Bolton
The Tolworth Tower
Ewell Road
Surbiton
Surrey KT6 7ED
1996
Dear Sir,
INTERCONNECT AGREEMENT BETWEEN NYNEX CABLECOMMS BOLTON
AND BRITISH TELECOMMUNICATIONS PLC DATED DAY OF 1996
("THE AGREEMENT")
We refer to the Agreement. Words and expressions used in this letter have the
same meaning as in the Agreement.
This letter is an agreement in writing by us pursuant to paragraph 30 of the
Agreement.
Interim Charges are agreed for the services to be provided by the Operator, on
a provisional basis, pursuant to paragraph 13.2 of the Agreement (in addition
to provisions of paragraphs 19 and 20 of the Agreement), listed in:
a) Annex 1 attached to this letter with effect from 1/04/95 for the
Financial Year in Question (1/04/95 to 31/03/96); and
b) Annex 2 attached to this letter with effect from 1/04/96 for the Financial
Year in Question (1/04/96 to 31/03/97).
It is agreed pursuant to paragraph 13.2.1 that the charges listed in Annex 1
shall be reviewed on the date that a determination by the Director General of
the Final Charges for Standard Services provided by BT for the Financial Year
in Question (1/04/95 to 31/03/96) is published.
It is further agreed pursuant to paragraph 13.2.1 that the charges listed in
Annex 2 shall be reviewed on the date that a determination by the Director
General of the:
a) Interim Charges; and
b) Final Charges
for Standard Services provided by BT for the Financial Year in Question
(1/04/96 to 31/3/97) is published.
Following the above reviews any changes to the charges for the Financial Year
in Question (1/04/95 to 31/03/96) for any service provided by the Operator,
will take effect from 1/04/95 and the Operator or BT, as the case may be, shall
recalculate the charges in respect of such service for the Financial Year in
Question using the new charge and calculate the interest for any sum overpaid
or underpaid at the OFTEL Interest Rate calculated from the later of the date
on which the relevant charges were due to be paid or were paid to the date on
which the difference is paid.
Following the above reviews any changes to the charges for the Financial Year
in Question (1/04/96 to 31/03/97) for any service provided by the Operator,
will take effect from 1/04/96 and the Operator
________________________________________________________________________________
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________________________________________________________________________________
or BT, as the case may be, shall recalculate the charges in respect of such
service for the Financial Year in Question using the new charge and calculate
the interest for any sum overpaid or underpaid at the OFTEL Interest Rate
calculated from the later of the date on which the relevant charges were due to
be paid or were paid to the date on which the difference is paid.
It is agreed that the charges for the services to be provided by the Operator
under Schedule 546 are those referred to in Annex 3 attached to this letter.
Yours faithfully, Accepted and agreed:
For and on behalf of For and on behalf of
BRITISH TELECOMMUNICATIONS PLC NYNEX CABLECOMMS BOLTON
________________________________________________________________________________
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_______________________________________________________________________________
ANNEX 1
FINANCIAL YEAR IN QUESTION 01/4/95 TO 31/03/96
NYNEX CABLECOMMS BOLTON
The Interim Charges to be inserted into the Carrier Price List for the
following schedules to the Interconnect Agreement between NYNEX CableComms
Bolton and BT are : -
SCHEDULE Daytime Evening Weekend
541 1.174 0.693 0.519
545 1.174 0.693 0.519
NOTES :
1) Daytime, Evening and Weekend are as defined in the BT Revised Standard
Contract.
2) Charges are quoted in Pence per Minute.
_______________________________________________________________________________
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_______________________________________________________________________________
ANNEX 1 CONT
IN SPAN INTERCONNECTION (ISI) & INTERCONNECT EXTENSION CIRCUITS
See ANNEX C, Schedule 01 of the Revised Standard Contract..
OPERATOR CHARGES
The Review Date for charges under this Schedule is 1st April 1996 and each
anniversary thereafter.
_____________________________________________________________________________________________________
DESCRIPTION INTERIM
CHARGE
_____________________________________________________________________________________________________
ISI
- - Connection of ISI Interconnect Link Pounds Sterling Nil
- - Rental of ISI Interconnect Link from jointing chamber to BT
premises where the jointing chamber is:
- - Agreed Pounds Sterling Nil
- - Nominated Pounds Sterling 125.00
per 100 metres p.a.
(1,2,3b,8)
- - new duct See BT Retail Price List
(MegaStream)
_____________________________________________________________________________________________________
INTRABUILDING LINKS (9)
- - Connection Pounds Sterling 1161.00
per 2 Mbit/s
- - Rental Pounds Sterling 68.00 per
2 Mbit/s p.a. (3a)
_____________________________________________________________________________________________________
SIGNALLING LINK SET (including one route type) - unidirectional
- - Connection Pounds Sterling 2790.00
per 2x2 Mbit/s
- - Rental Pounds Sterling 188.00
per 2x2 Mbit/s p.a. (3a)
Additional Route Type if ordered at same time as Pounds Sterling 416.00
per Traffic Route
Signalling Link Set - Connection.
Additional Route Type if ordered subsequent to Pounds Sterling 666.00
per Traffic Route
Signalling Link Set - Connection.
_____________________________________________________________________________________________________
MULTIPLEXOR SERVICE FOR PDH
- - Connection Pounds Sterling 296.00
per 2 Mbit/s
- - Rental Pounds Sterling 15.00 per
2 Mbit/s p.a. (3a)
MULTIPLEXOR SERVICE FOR SDH
- - Connection Pounds Sterling 584.00
per 2 Mbit/s
- - Rental Pounds Sterling 122.50 per
2 Mbit/s p.a. (3a)
_______________________________________________________________________________
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_______________________________________________________________________________________________
DESCRIPTION INTERIM
CHARGE
_______________________________________________________________________________________________
INTERCONNECTION EXTENSION CIRCUIT (IEC)
- - Connection Pounds Sterling 440.87
per 2 Mbit/s
- - Rental - Fixed Element Pounds Sterling 3253.26 per
2 Mbit/s p.a. (3a)
- - plus Rental - per Km charge Pounds Sterling 43.62 per 2 M/bits
p.a. (3a & 7)
_______________________________________________________________________________________________
RE-ARRANGEMENTS (6)
- - of a Route Type Pounds Sterling 514.00 per
Traffic Route
- - of a Signalling Link Set, including one Route Pounds Sterling 874.00 per 2x2
Type, to a different BT Switch Connection. Mbit/s
- - of an additional Route Type to a different Pounds Sterling 416.00 per
Traffic Route
BT Switch Connection.
- - of an Intrabuilding Link to a different Pounds Sterling 514.00 per 2
Mbit/s
BT Switch Connection.
- - of a Signalling Link Set, including one Route Pounds Sterling 1791.00 per 2x2
Type, to a different Operator Switch Connection. Mbit/s
- - of an additional Route Type to a different Pounds Sterling 416.00 per
Traffic Route
Operator Switch Connection.
- - of an Intrabuilding Link to a different Pounds Sterling 972.00 per 2
Mbit/s
Operator Switch Connection.
Operator Switch modification due to BT bearer change Pounds Sterling 626 .00 per 2
Mbit/s
_______________________________________________________________________________________________
NOTES :
1) Distance charged will be radial distance between relevant buildings and the
Point of Connection.
2) Or part thereof, ignoring the first 100 metres.
3a) Rental is payable annually in advance.
3b) Rental is payable annually in arrears.
4) Distance charged will be actual distance.
5) Charges to be met by the Party requesting the Capacity re-arrangement.
6) Rental charges will continue to apply to re-arranged links.
7) Distance charged will be the radial distance between the relevant building
and the Remote Switch.
8) The rental is calculated in accordance with Schedule 01 paragraph 11.
9) If an IBL contains a Signalling Link supporting unidirectional traffic,
that IBL charge is contained within the unidirectional Signalling Link Set
Charge applicable to that Signalling link
_______________________________________________________________________________
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________________________________________________________________________________
ANNEX 2
FINANCIAL YEAR IN QUESTION 01/4/96 TO 31/03/97
NYNEX CABLECOMMS BOLTON
The Interim Charges to be inserted into the Carrier Price List for the
following schedules to the Interconnect Agreement between NYNEX CableComms
Bolton and BT are : -
SCHEDULE Daytime Evening Weekend
541 1.174 0.693 0.519
545 1.174 0.693 0.519
Notes :
1) Daytime, Evening and Weekend are as defined in the BT Revised Standard
Contract.
2) Charges are quoted in Pence per Minute.
________________________________________________________________________________
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________________________________________________________________________________
ANNEX 2 CONT
IN SPAN INTERCONNECTION (ISI) & INTERCONNECT EXTENSION CIRCUITS
See ANNEX C, Schedule 01 of the Revised Standard Contract..
OPERATOR CHARGES
The Review Date for charges under this Schedule is 1st April 1997 and each
anniversary thereafter.
________________________________________________________________________________________
DESCRIPTION INTERIM
CHARGE
___________________________________________________________________________________________
ISI
- - Connection of ISI Interconnect Link Pounds Sterling Nil
- - Rental of ISI Interconnect Link from jointing chamber to BT
premises where the jointing chamber is:
- - Agreed Pounds Sterling Nil
- - Nominated Pounds Sterling 125.00
per 100 metres p.a.
(1,2,3b,8)
- - new duct See BT Retail Price
List (MegaStream)
___________________________________________________________________________________________
INTRABUILDING LINKS (9)
- - Connection Pounds Sterling 1161.00
per 2 Mbit/s
- - Rental Pounds Sterling 68.00 per
2 Mbit/s p.a. (3a)
___________________________________________________________________________________________
SIGNALLING LINK SET (including one route type) - unidirectional
- - Connection Pounds Sterling 2790.00
per 2x2 Mbit/s
- - Rental Pounds Sterling 188.00
per 2x2 Mbit/s p.a. (3a)
Additional Route Type if ordered at same time as Pounds Sterling 416.00
Signalling Link Set - Connection. per Traffic Route
Additional Route Type if ordered subsequent to Pounds Sterling 666.00
Signalling Link Set - Connection. per Traffic Route
__________________________________________________________________________________________
MULTIPLEXOR SERVICE FOR PDH
- - Connection Pounds Sterling 296.00
per 2 Mbit/s
- - Rental Pounds Sterling 15.00
per 2 Mbit/s p.a. (3a)
__________________________________________________________________________________________
MULTIPLEXOR SERVICE FOR SDH
- - Connection Pounds Sterling 584.00
per 2 Mbit/s
- - Rental Pounds
Sterling 122.50.00 per
2 Mbit/s p.a. (3a)
________________________________________________________________________________
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_______________________________________________________________________________
_______________________________________________________________________________________________
DESCRIPTION INTERIM
CHARGE
_______________________________________________________________________________________________
INTERCONNECTION EXTENSION CIRCUIT (IEC)
- - Connection Pounds Sterling 440.87 per 2
Mbit/s
- - Rental - Fixed Element Pounds Sterling 3253.26 per
2 Mbit/s p.a. (3a)
- - plus Rental - per Km charge Pounds Sterling 43.6 2 per 2 M/bits
p.a. (3a & 7)
_______________________________________________________________________________________________
RE-ARRANGEMENTS (6)
- - of a Route Type Pounds Sterling 514.00 per
Traffic Route
- - of a Signalling Link Set, including one Route Pounds Sterling 874.00 per 2x2
Type, to a different BT Switch Connection. Mbit/s
- - of an additional Route Type to a different Pounds Sterling 416.00 per
Traffic Route
BT Switch Connection.
- - of an Intrabuilding Link to a different Pounds Sterling 514.00 per 2
Mbit/s
BT Switch Connection.
- - of a Signalling Link Set, including one Route Pounds Sterling 1791.00 per 2x2
Type, to a different Operator Switch Connection. Mbit/s
- - of an additional Route Type to a different Pounds Sterling 416.00 per
Traffic Route
Operator Switch Connection.
- - of an Intrabuilding Link to a different Pounds Sterling 972.00 per 2
Mbit/s
Operator Switch Connection.
Operator Switch modification due to BT bearer change Pounds Sterling 626.00 per 2Mbit/s
_______________________________________________________________________________________________
NOTES :
1) Distance charged will be radial distance between relevant buildings and the
Point of Connection.
2) Or part thereof, ignoring the first 100 metres.
3a) Rental is payable annually in advance.
3b) Rental is payable annually in arrears.
4) Distance charged will be actual distance.
5) Charges to be met by the Party requesting the Capacity re-arrangement.
6) Rental charges will continue to apply to re-arranged links.
7) Distance charged will be the radial distance between the relevant building
and the Remote Switch.
8) The rental is calculated in accordance with Schedule 01 paragraph 11.
9) If an IBL contains a Signalling Link supporting unidirectional traffic,
that IBL charge is contained within the unidirectional Signalling Link Set
Charge applicable to that Signalling link
_______________________________________________________________________________
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________________________________________________________________________________
ANNEX 3
FINANCIAL YEAR IN QUESTION 01/4/96 TO 31/03/97
NYNEX CABLECOMMS BOLTON
SCHEDULE 546
The charges specified from time to time in the Carrier Price List for Schedule
541 shall apply to Calls under Schedule 546.
________________________________________________________________________________
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_______________________________________________________________________________
General Manager Interconnect,
NYNEX Cablecomms Bolton
The Tolworth Tower
Ewell Road
Surbiton
Surrey KT6 7ED
1996
Dear Sir,
STANDARD INTERCONNECT AGREEMENT BETWEEN NYNEX CABLECOMMS BOLTON AND BRITISH
TELECOMMUNICATIONS PLC DATED OF 1996
We have, today, entered into an Interconnect Agreement "the Agreement" which
provides for a process for the review and possible determination of certain
matters. This letter is an agreement, pursuant to paragraph 19.1.3 of the main
body of the Agreement, to the effect that those matters set out in the annex to
this letter shall be reviewed. This annex sets out the title and probable part
of the contract text of the matter to be reviewed in column 1, the period of
time for reaching agreement in substituton of the period of time referred to in
paragraph 20.1 in column 2 and brief details of the matter to be reviewed in
column 3.
This letter is a review notice in relation to such matters for the purposes of
paragraph 19.2 where the deemed date of service of the review notice shall be 1
April 1996. If we fail to reach agreement in respect of a matter in column 1
of the annex within the time period set out alongside it in column 2, then
either of us may, where appropriate, request in writing the Director General of
Telecommunications to make a determination. Where the matter is of a financial
nature the effective date of the agreements or determinations shall be 1 April
1996. For all other matters the effective date shall be the date when any
amendment to give effect to such agreement or determination is incorporated
into the Agreement.
Secondly, this letter acknowledges that there are other matters deserving of
further consideration between BT and the OLO Group. It is our intention to set
up a Forum, the purpose of which will be to continue the discussion process
which preceded the coming into being of the Agreement. The initial agreed set
of issues to be dealt with by this Forum are those contained in the annex but
we also agree that either of us may table other issues for discussion. As and
when any issue is agreed between us, we will incorporate such agreement into
the Agreement entered into today (as the same may have been amended by us
subsequently).
Thirdly, BT acknowledges that changes to the Agreement will be made available
to all operators, whether such changes are brought about as a consequence of
agreement following a review or as a consequence of determination by the
Director General.
Yours faithfully, Agreed and accepted
__________________________________ __________________________________
For and on behalf of For and on behalf of
BRITISH TELECOMMUNICATIONS PLC NYNEX CABLECOMMS BOLTON
_______________________________________________________________________________
32
ANNEX
____________________________________________________________________________________________________________________________
ISSUE PERIOD OF TIME DETAILS OF ISSUES
FOR REVIEW
____________________________________________________________________________________________________________________________
Interim Prices for New Services One day The Operator believes that where agreement cannot be reached, the
(Main Body paragraph 8) temporary interconnect prices, for conveying calls to a new PSTN
services should be established by the Operator launching the service
in question. This would be a reciprocal arrangement. In each case
the matter could be referred in due course to OFTEL for
determination of the price.
Both Parties would, of course, remain free to set retail charges
for new services as they see fit (subject to relevant fair trading
constraints within their respective Licences).
BT and the Operator have been unable to agree that the Party
launching the service should establish the temporary
interconnect charges, in all instances.
____________________________________________________________________________________________________________________________
0800 Number Range digit length 2 months BT currently operates 6 digit 0800 numbers. BT's current access
(Schedule 110 and 311) service is based upon seven digit 0800 numbers for OLOs. The
Operator would like a method to be adopted to enable BT or the
Operator to use either 6 or 7 digits.
____________________________________________________________________________________________________________________________
Connection Charges for CSI 1 month The Operator believes that no connection charges should be payable
provided under paragraph 3.2 for CSI for BT's use provided under the circumstances set out
of the Main Body in paragraph 3.2 of the Main Body.
____________________________________________________________________________________________________________________________
33
ANNEX
_______________________________________________________________________________________________________________________________
ISSUE PERIOD OF TIME REVIEW NOTICE
FOR REVIEW
_______________________________________________________________________________________________________________________________
ISI "bothway" (Schedule 01) 6 months The Parties agree that this is a new product for which the detailed
requirements are yet to be developed. The basic requirement is for
both Parties' traffic to be carried in the same Traffic Routes on ISI.
Whilst technically feasible, work needs to be undertaken to ensure
that each Party's Calls cannot be inadvertently "blocked" by the
other and to develop appropriate billing mechanisms.
_______________________________________________________________________________________________________________________________
Charging for 0800 Calls 2 months BT maintains that where the Operator charges its customer for access
(Schedule 110 and 311) to 0800 calls it should be obliged to inform the customer. The
Operator does not see the need for the contract to impose this
requirement.
_______________________________________________________________________________________________________________________________
DMA timescales (Schedule 140) 6 months The Operator wishes to have a DMA process that is faster than the
current process either for all or some DMAs.
_______________________________________________________________________________________________________________________________
DMA Abatement of Charges 6 months The Operator seeks financial compensation for late or incorrect
(Schedule 140) DMAs. BT believes the Operator already has a right to compensation
for damage under the contract. Any form of abatement would be a
disincentive to the faster process requested.
_______________________________________________________________________________________________________________________________
NIS Abatement of Charges 6 months The Operator seeks financial compensation for late or incorrect entries
(Schedule 150) into NIS. In such event BT would require payment for work
associated with rejecting erroneous entries. BT is currently
developing a new product to enable the Operator to enter its customer
details into NIS.
_______________________________________________________________________________________________________________________________
34
ANNEX
___________________________________________________________________________________________________________________________
ISSUE PERIOD OF TIME REVIEW NOTICE
FOR REVIEW
____________________________________________________________________________________________________________________________
CSI Separation (Schedule 130) 6 months The Parties agree that this is a product that needs a new product
definition and price.
___________________________________________________________________________________________________________________________
NIS Charges (Schedule 150) 12 months NIS charging is being considered by OFTEL as part of the review of
the Use of Directory Information. The results of this may need to
be accommodated in the Agreement.
___________________________________________________________________________________________________________________________
Duct Charges (Schedule 01 6 months BT charges for duct are the BT retail charges. The Operator
and 130) disputes this basis. The OFTEL consultation on duct and pole sharing
is considering this issue. The results may need to be accommodated
into the Agreement.
___________________________________________________________________________________________________________________________
IDD charges where the 2 months BT charges for IDD for routes where the Operator is providing
Operator has an service under its own licence are retail rates. The Operator believes
International or ISR that the "condition 13" IDD rates should apply.
Licence (Schedule 104)
___________________________________________________________________________________________________________________________
DMA Charges (Schedule 140) 9 months This issue is whether charges should be levied for any or all DMA
requested in the other Party's network. The Parties may continue
discussing this matter in connection with the other DMA issues
noted above. This is being addressed by OFTEL as part of a review
of residual structural barriers. The results may need to be
built into the contract.
___________________________________________________________________________________________________________________________
New Services Notice Periods 3 months Where either Party launches a PSTN service with obligatory access,
for PSTN services (Main Body (such as a new value added service) it should provide notice to
para 8) the other Party to enable access from the other Party's customers.
Such period of time needs to be agreed.
___________________________________________________________________________________________________________________________
New Services Notice Periods 12 months The notice period of the launch of new services is planned to be
for NON PSTN services considered by the IPF Sub Group. The results of this may need to
(Main Body para 8) be built into the Agreement.
___________________________________________________________________________________________________________________________