4110 NEW ZEALAND GAZETTE No. 188

4.4 The parties agree that access to 111 service will be agreed between the parties and will be on the basis of line-side access.

5. CHARGES

5.1 Except where they are recovered by Telecom Group from the Service Operator under any other agreement, all costs of or incurred by a Telecom ROC (whether before or after the commencement date of this Agreement set out in Clause 18.1) in installing, testing and making operational any of that Telecom ROC’s Equipment which is required in connection with providing that Telecom ROC’s Network Service (including without limitation, and subject always to the provisions of Clause 16.4.4, the Connection of any New Interconnect Requirements, and the relocation of any of Telecom ROC’s Equipment under Clause 14.8) shall be borne by the Service Operator. Such costs shall include without limitation:

5.1.1 all costs of rental, hire or purchase of any additional equipment (including parts), apparatus and materials which must be obtained by that Telecom ROC principally for use in installing, testing and making operational any of that Telecom ROC’s Equipment, which is required in connection with providing that Telecom ROC’s Network Service to the Service Operator;

5.1.2 all labour costs of that Telecom ROC’s employees, employed in installing, testing and making operational any of that Telecom ROC’s Equipment which is required in connection with providing that Telecom ROC’s Network Service to the Service Operator, such employees to be charged out at their hourly rates as determined from time to time by that Telecom ROC, which rates shall be the rates charged by that Telecom ROC to its other customers;

5.1.3 all costs of that Telecom ROC’s agents or contractors contracted to assist that Telecom ROC in installing, testing and making operational any of that Telecom ROC’s Equipment which is required in connection with providing that Telecom ROC’s Network Service to the Service Operator;

5.1.4 all costs of any consumable materials used in installing, testing and making operational that Telecom ROC’s Equipment which is required in connection with providing that Telecom ROC’s Network Service to the Service Operator;

5.1.5 reasonable costs to cover that Telecom ROC’s overhead expenses in installing, testing and making operational any of that Telecom ROC’s Equipment which is required in connection with providing that Telecom ROC’s Network Service to the Service Operator.

5.2 All costs incurred by Telecom ROC in respect of disconnection and removal of that Telecom ROC’s Equipment under Clauses 14.8, 16.6 and 18.4 shall be borne by the Service Operator. Such costs shall include without limitation:

5.2.1 all labour costs of that Telecom ROC’s employees employed in disconnecting and removing any of that Telecom ROC’s Equipment (and, in the case of disconnection, reprogramming software of any part of that Telecom ROC’s Equipment to effect such disconnection), such employees to be charged out at their hourly rates as determined from time to time by that Telecom ROC, which rates shall be the rates charged from time to time by that Telecom ROC to its other customers;

5.2.2 all costs of that Telecom ROC’s agents or contractors contracted to assist that Telecom ROC in disconnecting and removing any of that Telecom ROC’s Equipment;

5.2.3 all costs of any consumable materials used in effecting disconnection of that Telecom ROC’s Equipment;

5.2.4 reasonable costs to cover that Telecom ROC’s overhead expenses arising from such disconnection or removal.

5.3 [Invoicing of charges under Clauses 5.1 and 5.2—Policy details to be finalised.]

5.4 The Service Operator shall pay to a Telecom ROC in accordance with the provisions of Clause 6 the following charges in respect of traffic routed through that Telecom ROC’s Telephone Exchange:

5.4.1 for each Interconnect Link provided for that Telecom ROC’s Telephone Exchange, the Interconnect Charges (plus GST);

5.4.2 subject to Clauses 5.4.3, 5.4.4, 5.4.5 and 5.4.6, the Call Charges (plus GST) for each Chargeable Call;

5.4.3 where the Call is delivered from the Service Operator’s Network to Telecom Auckland’s Telecom ROC’s Network and is delivered or offered to be delivered to the destination designated by the Telecom international number giving rise to the transmission of an answer line signal, a charge (plus GST) calculated in accordance with the standard international toll call tariff determined by TCNZ from time to time which charge shall be in lieu of the Call Charges for that Call;

5.4.4 where the Call is delivered from the Service Operator’s Network to a Telecom ROC’s Network and is delivered or offered to be delivered to the destination designated by a Telecom “025” number which gives rise to the transmission of an answer line signal, the standard charge (plus GST) for calls to the Telecom Cellular Limited network as set out in The Telecom List of Charges, which charge shall be in lieu of the Call Charges for that Call;

5.4.5 where the Call is delivered from the Service Operator’s Network to a Telecom ROC’s Network and is delivered or offered to be delivered to the destination designated by a Telecom “026” number which gives rise to the transmission of an answer line signal, the standard charge (plus GST) for calls to the Telecom Paging Limited network as set out in The Telecom List of Charges, which charge shall be in lieu of the Call Charges for that Call;

5.4.6 any charges specified in Item 6 of Schedule C in respect of transit traffic, which charges shall be in lieu of the Call Charges for that traffic;

5.4.7 the ANI Charge (plus GST) for each Call delivered to the Service Operator where ANI is supplied in accordance with an ANI request as described in the PTC Specifications;

5.4.8 any other charges for services other than those described in this Clause 5.4 at the standard charges as set out in The Telecom List of Charges.

5.5 The Service Operator shall pay to a Telecom ROC charges (plus GST) for the use by the Service Operator’s End Users of standard operator services (such as faults, cable location, maintenance and digit numbering help desk). The charges shall be the charges (if any) set out in The Telecom List of Charges for these services and shall be free of any Call Charges on condition that the Service Operator does not charge the Service Operator’s Customers any additional charge to the charge made by the Telecom ROC to the Service Operator in respect of such services.