30 OCTOBER NEW ZEALAND GAZETTE 3649

3. PRINCIPLE OF CALL HAND-OVER

3.1 The Principle of Call Hand-over shall be as follows:

3.1.1 subject to Clauses 3.1.2 and 3.1.3, in the case of a Call from a Telecom ROC’s Network to the Service Operator’s Network, the Call shall be handed over by a Telecom ROC to the Service Operator at the Service Delivery Point Connected to a Telecom ROC’s Telephone Exchange serving the Point of Interconnection which serves the area from which the Service Operator’s End User originated the Call;

3.1.2 where a Call intended for delivery to the Service Operator’s Network is delivered to a Telecom ROC’s Network from another network specified in Clauses 1.1 and 1.2 of Item 6 of Schedule C, the Call shall be handed over to the Service Operator at the Service Delivery Point Connected to a Telecom ROC’s Telephone Exchange serving the appropriate Point of Interconnection as specified in Clauses 1.1 and 1.2 of Item 6 of Schedule C;

3.1.3 where a Call intended for delivery to the Service Operator’s Network is delivered to a Telecom ROC’s Network from a network other than those specified in Clauses 1.1 and 1.2 of Item 6 of Schedule C, the Call shall be handed over to the Service Operator at the Service Delivery Point which has been agreed between the parties under Clause 1.3 of Item 6 of Schedule C;

3.1.4 subject to Clauses 3.1.5 and 3.1.6, in the case of a Call from the Service Operator’s Network to a Telecom ROC’s Network, the Call shall be handed over by the Service Operator at a Service Delivery Point selected by the Service Operator;

3.1.5 where a Call from the Service Operator’s Network is intended for delivery by a Telecom ROC’s Network to Telecom Group’s international network, the Call shall be handed over by the Service Operator at a Service Delivery Point selected by Telecom

3.1.6 where a Call from the Service Operator’s Network is intended for delivery by a Telecom ROC’s Network to a network other than Telecom Group’s international network, the Telecom Cellular Limited network, the Telecom Paging Limited network, or an Other ROC’s Network, the Call shall be handed over by the Service Operator at a Service Delivery Point agreed between the parties under Clause 1.4 of Item 6 of Schedule C.

3.2 For the purposes of Clause 3.1.1, the areas served by a Point of Interconnection shall be such local calling areas which are listed as being so served in Schedule I. The parties acknowledge that where an amendment is made to Item 4 of Schedule C, required amendments will also be made to Schedule I.

3.3 The boundaries of the local calling areas described in Schedule I are the boundaries which have been determined by Telecom Group as at the date of the commencement of this Agreement set out in Clause 18.1. The Service Operator acknowledges that such boundaries are subject to change from time to time by Telecom Group, but where such boundaries are changed, the Service Operator may amend the list of local calling areas served by any of the Points of Interconnection set out in Schedule I.

3.4 Where a charging step applying between relative exchanges is changed by TCNZ, or where there is an increase in the toll call tariffs (referred to in Item 2 of Schedule J) which apply to the Service Operator, the Service Operator may amend the list of local calling areas served by any of the Points of Interconnection set out in Schedule I.

3.5 Any amendment to Schedule I under Clause 3.3 or Clause 3.4 shall be effected by the Service Operator serving notice on the Principal ROC setting out the required amendment, and such amendment shall take effect 1 month after the date of service of such notice.

4. TELECOM ROC’S NETWORK SERVICE

4.1 Each respective Telecom ROC will use reasonable endeavours to make available and provide to the Service Operator that Telecom ROC’s Network Service, to the intent that as far as reasonably practicable that Telecom ROC’s Network Service will be continuously available or continuous (as the case may be), and fault-free. However, the Service Operator acknowledges that:

4.1.1 each Telecom ROC does not guarantee that that Telecom ROC’s Network Service will be continuously available or continuous (as the case may be) or fault-free; and

4.1.2 each Telecom ROC has the right to suspend or restrict that Telecom ROC’s Network Service under Clause 4.2; and

4.1.3 the Principal ROC has the right to terminate this Agreement in terms of Clause 18.

4.2 Subject to Clauses 4.3 and 4.4, a Telecom ROC may suspend or restrict that Telecom ROC’s Network Service where:

4.2.1 changes are made to that Telecom ROC’s Network; or

4.2.2 testing, repair or maintenance of that Telecom ROC’s Network is carried out; or

4.2.3 the Service Operator undertakes testing, repair or maintenance of the Service Operator’s Network which gives rise to interference or an outage in that Telecom ROC’s Network; or

4.2.4 there is distortion of normal traffic patterns (as described in Item 3 of Schedule F) in that Telecom ROC’s Network in circumstances where attempts by that Telecom ROC to eliminate the effects of such distortion by using call management procedures such as call gapping or selective make-busy, have failed; or

4.2.5 the Service Operator commits any breach of any of its obligations under Clauses 12.2 or 14.3; or

4.2.6 the Service Operator commits any breach of any of its obligations under Clauses 13.6, 13.8 or 13.9 and that Telecom ROC has reasonable cause to believe that such breaches may recur or may not be promptly remedied; or

4.2.7 the Service Operator fails to ensure that the numbering system of the Service Operator’s Network is technically compatible with the numbering system of each Telecom ROC’s Network, or fails to provide geographical information relating to the Service Operator’s numbering plan requested by the Principal ROC under Clause 13.10;