NEW ZEALAND GAZETTE

No. 188

14.7.1 the Service Operator taking measures satisfactory to that Telecom ROC to protect that Telecom ROC’s Equipment during the course of such alterations;

14.7.2 the Service Operator paying any costs of shifting any of that Telecom ROC’s Equipment as a result of such alterations.

14.8 In the event that for any reason the Service Operator requires a change in location of a Service Delivery Point within the same premises as it is then situated, the Service Operator shall on giving the Principal ROC no less than 3 months’ notice of the proposed change in location setting out full details of the new location, provide a suitable alternative area within the premises (together with services and facilities) for the Service Delivery Point which fulfils all of the requirements (in terms of Clause 14.1) of the Telecom ROC which owns the Service Delivery Point. That Telecom ROC’s costs of and incidental to such relocation including but not limited to:

14.8.1 all costs of disconnection and all costs of removal as described in Clause 5.2; and

14.8.2 all costs of installing, testing and making operational Telecom ROC’s Equipment in the alternative premises, as described in Clause 5.1; and

14.8.3 all costs of any changes to that Telecom ROC’s Equipment required as a direct result of such relocation;

shall be borne by the Service Operator.

15. MONITORING OF FAULTS AND RESPONSIBILITY FOR REMEDY OF FAULT

15.1 The Service Operator and each Telecom ROC shall in respect of faults arising in either or both of the Service Operator’s Network and that Telecom ROC’s Network (affecting the provision of any network service by the other or by any third party) comply with the principles for monitoring and correcting of faults and the principles of priority of repair of faults set out in Schedule F.

16. NETWORK CHANGES

16.1 Subject to Clause 16.7, in the event that a Telecom ROC wishes to make any alteration to that Telecom ROC’s Network which makes it necessary for changes to be made to the Service Operator’s Network, the Principal ROC shall serve on the Service Operator the following notices at the following intervals and times:

16.1.1 no later than 12 months prior to the date when the change in that Telecom ROC’s Network will take effect, notice setting out in as much detail as practicable the expected changes to that Telecom ROC’s Network and the expected date of such changes;

16.1.2 no later than 6 months prior to the date when the change in that Telecom ROC’s Network will take effect, notice setting out the draft specification of the proposed changes to that Telecom ROC’s Network and the proposed date of such changes;

16.1.3 no later than 3 months prior to the date when the change in that Telecom ROC’s Network will take effect, notice setting out the final specification of the changes to that Telecom ROC’s Network and the effective date and time of such changes.

The change shall become effective at any time on or after the date and time mentioned in the notice under Clause 16.1.3. The notice provisions in this Clause 16.1 will not apply where a Telecom ROC is of the reasonable opinion that network changes are required for the protection of that Telecom ROC’s Network and that the change is required as a matter of urgency. In such instances, the Principal ROC shall give to the Service Operator as much notice as is possible of the required change, having regard to the condition and risks to either network in delaying the change.

16.2 After each notice is served on the Service Operator under Clauses 16.1.1 and 16.1.2, the Principal ROC shall liaise with the Service Operator with respect to the expected changes or proposed changes (as the case may be) to enable the Service Operator to familiarise itself with the expected changes or proposed changes (as the case may be) and plan accordingly. No Telecom ROC shall be liable for any costs of the Service Operator which arise directly or indirectly from such a change which takes place after the required notices pursuant to Clause 16.1 have been given to the Service Operator.

16.3 The Principal ROC and the Service Operator shall liaise together on the future requirements of the Service Operator for the provision by each Telecom ROC of Service Delivery Points and Interconnect Links to accommodate future traffic demands. In particular the Service Operator will supply to the Principal ROC forecasted traffic volumes (in erlangs), forecasts of grade of service and call holding times, and corresponding trunk forecasts, all such forecasts to cover (as far as possible) the next 3 years. The first such forecasts shall be supplied by the Service Operator to the Principal ROC at the date of commencement of this Agreement and shall be updated annually.

16.4 The Service Operator shall serve on the Principal ROC notices of forecasts of its expected requirements in respect of the following:

16.4.1 any change in the number or location of Service Delivery Points and the date by which that change is required;

16.4.2 any change in the number and location of Interconnect Links and the date by which that change is required.

The expected requirements set out in the Service Operator’s notices of forecasts under this Clause 16.4 are referred to as the “Expected Interconnect Requirements”. The notices of forecasts shall be served on the Principal ROC by the Service Operator at the following intervals and times:

16.4.3 notice setting out in as much detail as is practicable the Expected Interconnect Requirements (if any) for the next year. The first such notice shall be served on the Principal ROC no later than 6 months after the Commission Date and the subsequent notices shall be served on the Principal ROC on the anniversary of the date that the first notice was served. For avoidance of doubt, any notice given under this Clause 16.4.3 shall be indicative only and shall not be binding on the Service Operator;

16.4.4 no later than 6 months prior to the date when the Expected Interconnect Requirements are required, a further notice setting out the Expected Interconnect Requirements and the date when they are required. No later than 1 month after the date of the Service Operator’s notice under this Clause 16.4.4, the Principal ROC shall serve notice on the Service Operator setting out details of those of the Expected Interconnect Requirements which the respective Telecom ROCs