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Exhibit 10.11(c)
[LETTERHEAD]
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 19 OF JULY 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 substitution 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
/s/ [illegible] /s/ [illegible]
................................... ...............................
For and on behalf of For and on behalf of BRITISH
TELECOMMUNICATIONS PLC NYNEX CABLECOMMS BOLTON
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Annex
ISSUE PERIOD OF TIME FOR DETAILS OF ISSUES
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 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.
Connection Charges for CSI 1 month The Operator believes that no connection charges should be payable
provided under paragraph 3.2 of for CSI for BT's use provided under the circumstances set out in
the Main Body paragraph 3.2 of the Main Body.
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.
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.
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Annex
ISSUE PERIOD OF TIME FOR REVIEW NOTICE
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.
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.
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.
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Annex
ISSUE PERIOD OF TIME FOR REVIEW NOTICE
REVIEW
Duct Charges (Schedule 01 2 months BT charges for duct are the BT retail charges. The Operator disputes
and 130) 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 Operator 2 months BT charges for IDD for routes where the Operator is providing service
has an International or ISR under its own licence are retail rates. The Operator believes that the
Licence (Schedule 104) "condition 13" IDD rates should apply.
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 the
para 8) 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 (Main considered by the IPF Sub Group. The results of this may need to be
Body para 8) built into the Agreement.