30 OCTOBER
NEW ZEALAND GAZETTE
3645

SCHEDULE B
TERMS AND CONDITIONS OF INTERCONNECTION

1. INTERPRETATION
In this Agreement the following terms have the following meanings:

1.1 “Access Code” means any code (from the standard series of access codes established by TCNZ for alternative networks and STD toll by-pass) allocated to the Service Operator’s Network by TCNZ in accordance with the provisions of Item 5 of Schedule C (and amended from time to time pursuant to the provisions of Clauses 8.2 and 8.4) which is used by the Service Operator’s End Users to prefix Calls intended for delivery from a Telecom ROC’s Network to the Service Operator’s Network.

1.2 “Access Levy” means the access levy referred to in Item 4 of Schedule J.

1.3 “Agreement” means this agreement entitled “Interconnection Agreement” as amended from time to time.

1.4 “All ROCs” shall be read as referring collectively to all companies listed in Item 1 of Schedule A (together with their successors and assigns).

1.5 “ANI Charge” means the charge calculated in accordance with Item 3 of Schedule J as amended from time to time.

1.6 “Bill Rate” means the average 3 month bank bill mid rate as quoted on Reuters Screen page BKBM (known as at the date of this Agreement as the “FRA” rate) at or about 10.45 a.m. as at the relevant date PROVIDED THAT if on or about that time for any reason the Reuters Screen page BKBM is not then available then the appropriate rate shall be the average of the rates (determined after excluding the highest and lowest rates) for funding for a tenor of 3 months quoted to the party entitled to receive interest for the purposes of which the Bill Rate is to be calculated, at or about 11.00 a.m. on that day by ANZ Banking Group (New Zealand) Limited, Bank of New Zealand, National Australia Bank (NZ) Limited, The National Bank of New Zealand Limited and Westpac Banking Corporation (“the Banks”) and if less than four of the Banks shall quote rates, then:

1.6.1 in the case where a Telecom ROC is entitled to receive the interest, such rate as TCNZ may reasonably determine to be the nearest practicable equivalent; or

1.6.2 in the case where the Service Operator is entitled to receive the interest, such rate as the Service Operator may reasonably determine to be the nearest practicable equivalent.

1.7 “Call” means a signal or series of signals intended by the Service Operator’s End User to be conveyed from a Telecom ROC’s Network to the Service Operator’s Network or from the Service Operator’s Network to a Telecom ROC’s Network whether or not that signal or series of signals is so conveyed to effect actual communication between the Service Operator’s End User and the intended recipient of the signal or signals; but does not include line signals including (without limitation) any seize and release signal or signals, or information signals including (without limitation) any number identification information.

1.8 “Call Charges” means the charges calculated in accordance with Item 2 of Schedule J as amended from time to time.

1.9 “Chargeable Call” means any Call:

1.9.1 delivered or (in a case where no free Link in the Service Operator’s Network is available) offered to be delivered from a Telecom ROC’s Network to the Service Operator’s Network; or

1.9.2 delivered from the Service Operator’s Network to a Telecom ROC’s Network which gives rise to the transmission of an answer line signal (as referred to in Item 3 of Schedule E) from the Telecom ROC’s Network;

whether or not actual communication takes place between the originator of the Call and the intended recipient of the Call. For the purposes of Clause 1.8.1, a Call is “delivered” where there is a seizure of a free Link terminating in the Service Operator’s Network.

1.10 “CCITT” means the International Telegraph and Telephone Consultative Committee.

1.11 “Confidential Information” means in relation to any party, all information which is confidential to or the property of that party (or, in the case of any Telecom ROC or TCNZ, Telecom Group), and/or which is confidential to or the property of a third party and used or disclosed pursuant to or in connection with this Agreement by that party under licence from such third party, and includes the contents of any Materials, information concerning any customer of any other party to this Agreement or usage by such customer of any Telecom ROC’s Network or the Service Operator’s Network (as the case may be), and all information referred to in Clause 4.6.

1.12 “Connect” includes “allow to be connected”, “leave connected” and the connection of anything through anything else. “Connecting”, “Connected” and “Connection” have a corresponding meaning.

1.13 “Delayed Installation Date” means, in relation to an Interconnect Link, the date on which the Principal ROC has served a notice on the Service Operator under Clause 2.5 relating to that Interconnect Link, in circumstances where the Telecom ROC has failed to provide, install and Pre-test that Interconnect Link on or before the Installation Date for that Interconnect Link.

1.14 “Due Date” means the date 21 days after the date of an invoice provided by a Telecom ROC to the Service Operator in respect of the services provided by that Telecom ROC to the Service Operator under this Agreement.

1.15 “End Date” means in relation to a Service Delivery Point or an Interconnect Link, the End Date specified in Item 2 or Item 3 of Schedule C for that Service Delivery Point or Interconnect Link, being the date on or before which