3648

NEW ZEALAND GAZETTE

No. 175

1.65 References to monetary amounts are to New Zealand currency.

1.66 The rule of interpretation known as the contra proferentem rule shall not apply in interpretation of this Agreement.

2. INTERCONNECTION

2.1 Subject to the terms and conditions hereinafter contained, each respective Telecom ROC shall:

2.1.1 permit the Service Operator’s Network to be Connected to and with that Telecom ROC’s Network at trunkside (inter-exchange) level at the Service Delivery Points;

2.1.2 make available that Telecom ROC’s Network Service to the Service Operator, and where the Service Operator has provided, installed, tested and made the Service Operator’s Equipment operational in terms of Clause 2.10, provide that Telecom ROC’s Network Service to the Service Operator.

2.2 Subject to the provisions of this Agreement, All ROCs and the Service Operator agree that they will each use reasonable endeavours to and will co-operate with each other in managing their respective networks in a manner that minimises disruptions to the services being provided by each Telecom ROC to the Service Operator. In particular they will abide by and comply with the standards set out in Clause 13.

2.3 Each respective Telecom ROC shall be responsible for providing, installing, Pre-testing and maintaining that Telecom ROC’s Equipment. In particular each respective Telecom ROC shall:

2.3.1 provide and install Service Delivery Points in such numbers and such locations as are specified from time to time for that Telecom ROC in Item 2 of Schedule C;

2.3.2 provide, install and Pre-test Interconnect Links in such numbers and such locations as are specified from time to time for that Telecom ROC in Item 3 of Schedule C.

2.4 Each Telecom ROC shall use reasonable endeavours to provide, install and Pre-test the Interconnect Links (which are to form part of that Telecom ROC’s Network) before the relevant Installation Date.

2.5 The Principal ROC shall forthwith serve notice on the Service Operator each time an Interconnect Link is provided, installed and Pre-tested to enable joint testing (by the Telecom ROC and the Service Operator) of the Interconnect Link to commence.

2.6 Where it appears to a Telecom ROC that an Interconnect Link will not be provided, installed and Pre-tested by the Installation Date, the Principal ROC will, as soon as possible, give notice to the Service Operator:

2.6.1 identifying the Interconnect Link which cannot be provided, installed and Pre-tested by the Installation Date; and

2.6.2 specifying the date by which that Telecom ROC considers that it is practicable to provide, install and Pre-test the Interconnect Link; and

2.6.3 giving the reasons why that Telecom ROC considers that it is impracticable to provide, install and Pre-test the Interconnect Link by the Installation Date.

2.7 No later than 2 Working Days after a notice is served by the Principal ROC on the Service Operator under Clause 2.5 in respect of an Interconnect Link, the Telecom ROC (of whose network the Interconnect Link forms part) and the Service Operator shall commence joint testing of the Interconnect Link. This joint testing shall comprise the establishment of required data about the Interconnect Link (including in particular information about the switching activity at the relevant Telecom ROC’s Telephone Exchange which is required to be undertaken in order to serve the Interconnect Link) and functional testing of the Interconnect Link.

2.8 The Telecom ROC and the Service Operator shall use reasonable endeavours to complete such joint testing on or before the fifth Working Day after the commencement of such joint testing. If at the expiry of such 5 Working Day period, no notice of acceptance or non-acceptance by the Service Operator is served on the Principal ROC, then the relevant Interconnect Link shall be deemed to be commissioned on the day following the date of expiry of the 5 Working Day period and the Telecom ROC shall make available that Telecom ROC’s Network Service using that Interconnect Link from that day. If, before the expiry of the 5 Working Day period, the Service Operator serves on the Principal ROC a notice of acceptance of the Interconnect Link, then the relevant Interconnect Link shall be deemed to be commissioned on the Working Day following the date of service of such notice, and the Telecom ROC shall make available that Telecom ROC’s Network Service using that Interconnect Link from that day. If, before the expiry of the 5 Working Day period, the Service Operator serves on the Principal ROC notice of non-acceptance of the Interconnect Link (such notice to include details of the functional testing results relating to the Interconnect Link itself, which give rise to the non-acceptance), the Service Operator and the Telecom ROC shall forthwith use their reasonable endeavours to work co-operatively to remedy the difficulty with the Interconnect Link set out in such notice. Following remedy of such difficulty to the reasonable satisfaction of the relevant Telecom ROC, the Telecom ROC and the Service Operator shall recommence the joint testing procedures described in Clause 2.7 and this Clause 2.8.

2.9 The Service Operator acknowledges that each Telecom ROC’s Equipment may include any type of equipment, apparatus and materials and that each respective Telecom ROC may use any method of providing that Telecom ROC’s Network Service.

2.10 Subject to Clauses 12 and 13, the Service Operator shall be responsible for providing, installing, testing, making operational and maintaining the Service Operator’s Equipment.

2.11 The Service Operator shall ensure that for the term of this Agreement it remains registered as a [network operator for the purposes of the Telecommunications Act 1987 and/or a registered operator under the Telecommunications (International Services) Regulations 1989].