REFERENCE OFFER SUBJECT TO CONTRACT PART VI Service … · 2. Fault handling and repairs (Part III) 3. Fault handling and repairs (Part IV, Schedule 06, 08) 4. Provision of Co-location

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Revised ANF Agreement: Part VI Issue 4.89 RANF Part VI.doc 21 September 20181 April 2019

PART VI

Service Levels and Fixed Compensation

Contents 1. Scope 2. Fault handling and repairs (Part III) 3. Fault handling and repairs (Part IV, Schedule 06, 08) 4. Provision of Co-location 5. Internal Tie Cable 6. Distant Location 7. BT Egress Link (Backhaul) 8. MDF Site Access 9. Metallic Path Facilities (Part IV, Schedule 06) and Shared Metallic Path Facilities (Part IV, Schedule 08) 10. Appointment Availability 11. Automatic Compensation Service Levels 121. Equivalence Management Platform 132. Rebate of Fixed Compensation 143. Compensation Payments and Records 154. Communications Provider Step In (BT Failure) 165. BT’s continuing liability 176. Termination of Service (BT Failure) 187. Matters Outside Service Level Commitments 198. Key Performance Indicators 2019. Charges payable by the Communications Provider (Distant Location forecasting) 210. Metallic Path Facilities (Part IV, Schedule 06) KCI2 Delivery 1. Scope 1.1 This Part contains: 1.1.1 the service level commitments made by BT to the Communications Provider for those services and facilities

referred to in this Part which are provided pursuant to this Agreement. It also sets out the automatic payments by way of immediate compensation to be made between BT and the Communications Provider if BT or the Communications Provider is in breach of those provisions of the Agreement referred to in this Schedule and the rights of the Communications Provider to step in to rectify breaches on the part of BT in the event that BT fails to do so; and

1.1.2 the charges payable by the Communications Provider to BT for failure to fulfil forecasting obligations. 1.2 In this Part, a reference to a paragraph or a schedule, unless stated otherwise, is to a paragraph of or schedule

to this Part. Words and expressions have the meaning given in Part V. 1.3 Without prejudice to any specific obligation on BT contained or referred to in this or any other Part of this

Agreement, the Communications Provider shall be entitled to the quality of service that BT provides from time to time for comparable or equivalent services and facilities generally, including those used by BT itself for the purposes of its own business.

1.4 BT is committed to a programme of continuous improvement relating to the Service. As part of this programme,

BT will review with the Communications Provider and with Third Party Communications Providers the key performance indicators ("KPIs") as provided in paragraph 17.

1.5 The SLA/SLG Policy, Business Rules Overview referred to in this Part VI is an Ancillary Document and

provides important information about the processes and criteria associated with the service levels and service level guarantees referred to in this Part VI.

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1.6 The Parties shall comply with their respective obligations set out in the SLA/SLG Policy, Business Rules Overview.

2. Fault Handling and Repairs (Part III) 2.1 BT shall provide to the Communications Provider a fault handling and repair service for Services provided

under Part III (within the Communications Provider’s Specified Floor Area at an MDF site) which is both reasonable and at least as good as the comparable fault handling and repair service which BT provides to its own customers and when running its own business for its own benefit.

2.2 The BT fault handling and repair reporting facility service shall operate 24 hours, 7 days a week. 2.3 BT shall acknowledge and repair faults in accordance with the procedures for the level of fault handling and

repair service appropriate to the category described in paragraph 2.4. Faults categorised as priorities B, C, or D will be repaired during normal working hours (0800-1700 hours) on Working Days. Faults categorised as priority A, or relating to BT’s provision of power, as set out in paragraph 2.5 of Part VI, will be repaired during each calendar day.

2.4 If BT fails to repair any fault including faults to the BT’s electricity supply it provides to the Operator’s Specified

Floor Area at an MDF site for a power outage exceeding 6 hours not subject to paragraph 2.5, within the period shown in the table below following receipt by BT of a fault report (the “Requisite Period”), BT shall pay or allow to the Communications Provider fixed compensation, in respect of the period commencing immediately on the expiry of the Requisite Period and expiring on completion of the repair, for each MPF not repaired in time, as follows:

CATEGORY OF FAULT (as defined in Part V

REQUISITE PERIOD FOR REPAIR

IMMEDIATE COMPENSATION UNTIL REPAIR COMPLETED

PRIORITY A 6 hours £1.10 per hour or part hour of each Working Day (with a maximum of £10 per day) for a maximum of 60 consecutive Working Days multiplied by the number of MPFs where service is disrupted.

PRIORITY B 28 hours £1.10 per hour or part hour of each Working Day (with a maximum of £10 per day) for a maximum of 60 consecutive Working Days multiplied by the number of MPFs where service is disrupted.

PRIORITY C 10 Working Days £10 per Working Day or part Working Day for a maximum of 60 consecutive Working Days x the number of MPFs where service is disrupted.

PRIORITY D As agreed between the parties

No fixed compensation

and the period of 60 consecutive Working Days referred to in the above table shall be the "Fixed Compensation Period" for the purposes of paragraphs 13 14 and 1415.

2.5 If BT fails to repair any power fault where the fault applies to either the electricity supply BT provides to the

Operator’s Specified Floor Area, or BT supplied DC power systems, or Conditioned AC at an MDF site within the period shown in the table below (the “Requisite Period”), following receipt by BT of a fault report by any operator affected by the power outage ,subject to paragraph 2.5.4, BT shall pay or allow to the Operator fixed

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compensation, in respect of the period from the commencement of the power fault and expiring on completion of the repair, or 6 hours, whichever is the earlier, as follows:

2.5.1 For faults with the Essential Service Supply:

(i) where the Operator has a Specified Floor Area at the relevant MDF site, and is not applicable for the service level set out in paragraph 2.5.2:

Service Levels

Requisite Period

A break of service greater than 10 minutes duration and less than 6 hours

A repeated break of service which occurs within 12 months of a previous Essential Service Supply fault, less 6 hours duration

Fixed Compensation

15% of the annual Essential Service Supply charge as set out in the BT Price List at the time of the outage


(ii) where the Operator has a Specified Floor Area at the relevant MDF site, and is applicable for the service level set out in paragraph 2.5.2:

Service Levels

Requisite Period

A break of service greater than 10 minutes duration and less than 6 hours

A repeated break of service which occurs within 12 months of a previous Essential Service Supply fault, less than 6 hours duration

Fixed Compensation



2.5.2 For faults with the DC power supply:

Service Levels

Requisite Period

A continuous break of service less than 6 hours duration

A repeated break of service which occurs within 12 months of a previous DC fault, less than 6 hours duration

Fixed Compensation

10% of the annual DC power system charge for the Operator’s Specified Floor Area, as set out in the BT Price List at the time of the outage

25% of the annual DC power system charge for the Operator’s Specified Floor Area, as set out in the BT Price List at the time of the outage

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2.5.3 For faults with the conditioned AC power supply:

Service Levels

Requisite Period

A continuous break of service less than 6 hours

A repeated break of service which occurs within 12 months of a previous conditioned AC fault, less than 6 hours duration

Fixed Compensation

10% of the conditioned AC charge for the Operator’s Specified Floor Area, as set out in the BT Price List at the time of the outage

25% of the conditioned AC charge for the Operator’s Specified Floor Area, as set out in the BT Price List at the time of the outage


2.5.4 If the cause of the power fault condition is identified by BT as due to an operator failing in its obligations as set

out in paragraph 4 of Part III of this Agreement, then, BT shall charge the operator causing the fault condition the Power Fault Not Found charge that applies at the time the fault was reported to BT, as set out in the BT Price List for the relevant period, per fault and no fixed compensation will be allowed to the Operator.

3. Fault Handling and Repairs (Part IV, Schedule 06 and Schedule 08) 3.1 BT shall provide to the Communications Provider a fault handling and repair service for Services provided

under Part IV which is both reasonable and at least as good as the comparable fault handling and repair service which BT provides to its own customers and when running its own business for its own benefit. The timescales for (”Service Maintenance Level period”) are described in Part V and further described in the appropriate end to end process manuals.

3.2 Subject to paragraph 3.3, BT will repair faults in accordance with the Service Maintenance Level requested by

the Communications Provider following receipt by BT of a fault report, failing which, BT shall pay or allow to the Communications Provider fixed compensation, for the period commencing immediately on the expiry of the Service Maintenance Level period and expiring on completion of the repair, or as set out in the table below, whichever is the earliest, calculated as follows:

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SERVICE MAINTENANCE LEVEL

PRODUCT FIXED COMPENSATION UNTIL REPAIR COMPLETED

SERVICE MAINTENANCE LEVEL 1

MPF 100% of 1 month MPF discounted for each MPF not repaired within the Service Maintenance Level period


MPF 100% of 1 month MPF line rental per day, or part day for each MPF not repaired within the Service Maintenance Level period


Shared MPF 100% of 1 month Shared MPF line rental per day, or part day for a maximum of 60 days for each Shared MPF not repaired within the Service Maintenance Level period


MPF 100% of 1 month MPF line rental per day, or part day and 1 month’s rental charge for Service Maintenance Level 3 for each MPF not repaired within the Service Maintenance Level period


Shared MPF 100% of 1 month Shared MPF line rental per day, or part day and 1 month’s rental charge for Service Maintenance Level 3 for a maximum of 60 consecutive days for each Shared MPF not repaired within the Service Maintenance Level period


MPF 100% of 1 month MPF line rental per day, or part day and 1 month’s rental charge for Service Maintenance Level 4 for each MPF not repaired within the Service Maintenance Level period


Shared MPF 100% of 1 month Shared MPF line rental per day, or part day and 1 month’s rental charge for Service Maintenance Level 4 for a maximum of 60 consecutive days for each SMPF not repaired within the Service Maintenance Level period

3.3 If BT is unable to: repair a fault within the timescales of the appropriate Service Maintenance Level for an MPF

as a result of one of the following reasons the timescale for repair shall be extended and the Service Maintenance Level commitment adjusted accordingly:

a) BT being unable to access to the End User premises at the agreed appointment time in relation to the fault

through no fault of its own:

The Service Maintenance Level period shall be adjusted so that for the calculation of the Service Maintenance Level commitment, the original appointment time is changed to the next agreed appointment time where BT is able to have access to the End User premises;

b) BT is unable to proceed because the Communications Provider is unavailable to respond to enquiries from

BT.in relation to the fault:

The Service Maintenance Level period shall be extended for the calculation of the Service Maintenance Level commitment for the period until BT receives the necessary response(s) from the Communications Provider to its enquiries;

c) if the Communications Provider does not accept the first available appointment time offered by BT:

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The Service Maintenance Level period shall be extended for the calculation of the Service Maintenance Level commitment so that it commences at the time of the alternative agreed appointment time.

d) due to an action, error or omission by the Communications Provider, Third Party Communications Provider,

and/or the End User that directly causes BT to be unable to comply with such obligations:

The Service Maintenance Level period shall be extended for the calculation of the service level commitment until such action is rectified.

e) In addition and as further described in the appropriate end to end manual, if the Service Maintenance Level

for an MPF, or Shared MPF is: (i) Service Maintenance Level 2 and the delay occurs prior to the day on which the fault is due to be cleared: - and the cumulative period of delay ends prior to the time the fault is due to be cleared, the Service

Maintenance Level period shall be extended by a period equivalent to the cumulative period of delay. - but the cumulative period of delay extends to the following Working Day(s), the Service Maintenance

Level period shall be revised accordingly. (ii) Service Maintenance Level 2 and delay occurs on the day on which the fault is due to be cleared: - if the cumulative period of delay is 2 hours or more and less than 4 hours, the Service Maintenance

Level period shall be extended by a half day - if the cumulative period of delay is 4 hours or more, the Service Maintenance Level period shall be

extended by a full day. (iii) Service Maintenance Level 3 and delay occurs prior to the half day period during which the fault is to

be cleared: - the Service Maintenance Level period shall be extended by a period equivalent to the cumulative

period of delay. If the extended period continues beyond the end of the half day period, the Service Maintenance Level period shall be extended by an equivalent number of half day periods.

(iv) Service Maintenance Level 3 and delay occurs during the half day period during which the fault is due

to be cleared - if the cumulative period of delay is 2 hours or more, the Service Maintenance Level period shall be

extended by a half day

except that if the delay occurs and extends after the time the fault is due to be cleared and the delay is more than 2 hours, the Service Maintenance Level period shall be extended to the end of the next half day period following the cumulative period of the delay.

(v) Service Maintenance Level 4 and the Communications Provider has not specified when reporting the

fault that either: (a) 24 hour access, or (b) a continuous access period of 6 hours

is available, the fault will be cleared no later than: (i) 6 hours from the time of the next specified earliest access time, or (ii) 23:59 hours on the agreed appointment date,

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whichever is the later. 3.4 Payment or allowance of fixed compensation will not apply if the circumstances described in paragraph 16

apply or the following additional items mean that BT is unable to comply with its obligations for fault maintenance and repair under this Agreement;

(a) the failure is due to a planned or emergency Service interruption; or (b) the failure is due to an inaccurate fault report being submitted by the Communications Provider; or a fault is

not reported in accordance with the fault reporting provisions, as further described in the appropriate end to end process manual.

(c) the Communications Provider has failed to complete a line test on the affected line(s). (d) the Communications Provider has failed to ask the End User the required structured diagnostic

questions to assist in the clearing of the fault. 3.5 If the Communications Provider has ordered Service Maintenance Level 3, or 4 in connection with a

provision Order and BT has provided a working Service on the CCD but it is not in accordance with the

Communications Provider’s reasonable instructions as to, for example the location of the NTE at the End

User Premises, BT will provide an SMC facility to deal with the enquiries relating to the reasonable

instructions, subject to the following:

a) The Communications Provider shall raise such request enquiries within 28 calendar days from the Order’s KCI3 date using the interface provided by BT;

b) BT shall within 4 SMC Working Hours of receipt by the SMC of the Communications Provider’s request i) acknowledge receipt of the request;

ii) provide updates to keep the Communications Provider informed of how the request is progressing; and

iii) inform the Communications Provider whether BT accepts or rejects the request;

c) BT shall, for requests which BT accepts and an appointment is necessary: i) within 4 SMC Working Hours of receipt by the SMC of the Operator’s request, arrange an appointment; and

ii) aim to provide an available appointment to the Communications Provider for an appointment on the next

Working Day following receipt by the SMC (within the SMC Working Day) of the Communications Provider’s

request

d) BT shall, for requests which BT rejects, within 4 SMC Working Hours of receipt by the SMC of the

Communications Provider’s request, provide the Communications Provider with its reason for rejection.

3.6 Except as set out in paragraph 3.7, if the Communications Provider raises a fault for an MPF, or Shared MPF and it is closed by BT, and the Communications Provider raises a subsequent fault for the same MPF, or the same SMPF, within 28 days of the closure of the previous fault and the subsequent fault is closed by BT and both faults have been closed by BT using the following combinations of Clear Codes and the fault is in the same point of the BT Network:

network fault in the BT network followed by network fault in the BT network using the same Clear Code

Right When Tested followed by a network fault in the BT network

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Fault Not Found followed by a network fault in the BT network

In Home Clear followed by a network fault in the BT network

and this is due to BT’s error, act, or omission, then BT shall pay to the Communications Provider fix compensation of £10. The payment of compensation to the Communications Provider for In Home Clear followed by a network fault in the BT network, is subject to the process set out in the SLA/SLG Policy, Business Rules Overview.

3.7 The Communications Provider shall not receive compensation if the fault arises from damage (other than damage which has been caused by BT) to the BT network as more fully described in the Events Charges and TRCs document or where the fault has been allocated to a Common Fault Reference.

4. Provision of Co-location (Part IIA) Communications Provider Equipment Room 4.1 If BT provides the Communications Provider with an Communications Provider Equipment Room in

accordance with Part IIABT shall pay or allow to the Communications Provider fixed compensation, in respect of the period commencing on the Working Day following the Target Date and expiring on the Contractual Delivery Date (or the date of service of notice by the Communications Provider pursuant to paragraph 5.5 of Part IIA or by BT pursuant to paragraph 5.6 of Part IIA, as appropriate), as follows:

For each Communications Provider Equipment Room at any exchange

£80 per consecutive Working Day or part Working Day for a maximum of 42 consecutive Working Days

and the period of 42 consecutive Working Days referred to in the above table shall be the "Fixed Compensation Period" for the purposes of paragraphs 1314, 154 and 165.

Co-mingling facilities (Part II) 4.2 Subject to: 4.2.1 the Parties agreeing to a later Contractual Delivery Date; and 4.2.2 extensions of time under Part II or; 4.2.3 the Communications Provider suspending the delivery of the Co-mingling facilities in accordance with

paragraph 4.8 of Part II of this Agreement;

if BT provides the Communications Provider with Co-mingling facilities later than the Contractual Delivery Date calculated in accordance with the provisions of paragraph 4.4 or 4.2 of Part II, BT shall pay or allow to the Communications Provider fixed compensation in respect of the relevant period commencing on the Working Day following the expiry of such period expiring on the Contractual Delivery Date, as follows:

For each Co-mingling facility at an MDF Site

£80 per consecutive Working Day or part Working Day for a maximum of 42 consecutive Working Days

and the period of 42 consecutive Working Days referred to in the above table shall be the "Fixed Compensation Period" for the purposes of paragraph 15.16

5. Internal Tie Cable (Part IV, Schedule 01)

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5.1 If BT fail to deliver initial Internal Tie Cables on the Contractual Confirmed Date the Communications Provider

shall claim fixed compensation in accordance with paragraph 4 for late delivery of Co-Mingling. . 5.2 If BT fails to provide an additional Internal Tie Cable to the Communications Provider: on the Contractual

Confirmed Date, BT shall pay or allow to the Communications Provider fixed compensation, for the period commencing immediately on the next Working Day expiring on completion of the provision, or 60 consecutive Working Days, whichever is the earliest, calculated as follows:

5.2.1 25% of the Internal Tie Cable Annual Rental, as defined in the Price List at the time of the actual delivery date,

for each day, or part day. 6. Distant Location (Part IV, Schedules 02 and 04) 6.1 Subject to the provisions of Part I and Part IV Schedule 02, if BT does not provide Distant Location facilities

including External Tie Cable(s) by the agreed delivery date:

BT shall pay or allow to the Communications Provider fixed compensation in respect of the period commencing on the Working Day following the agreed delivery date and expiring on the date on which the Distant Location facilities are provided by BT, as follows:

Where up to 8 MPFs would have been connected (directly or indirectly) to the External Tie Cable but for the delay

£10 per Working Day or part Working Day multiplied by 8 for a maximum of 42 consecutive Working Days.

Where more than 8 MPFs would have been connected (directly or indirectly) to the External Tie Cable, but for the delay

£10 per Working Day or part Working Day multiplied by number of MPFs which would have been connected but for the delay for a maximum of 42 consecutive Working Days.


6.2 Subject to the provisions of Part I and Part IV Schedule 04, if BT fails to provide Communications Provider

External Tie Cable Pull-through to the Communications Provider no later than 10 Working Days from the date that the Communications Provider provides External Tie Cables in accordance with Schedule 04 of Part IV BT shall pay or allow to the Communications Provider immediate fixed compensation in respect of the period commencing on the Working Day following and expiring on the date on which the Communications Provider External Tie Cable Pull-through is provided by BT, as follows:

Where up to 8 MPFs would have been connected (directly or indirectly) to the Tie Cable , but for the delay

£10 per Working Day or part Working Day x 8 for a maximum of 42 consecutive Working Days.

Where 8 or more MPFs would have been connected but for the delay

£10 per Working Day or part Working Day multiplied by number of MPFs connected for a maximum of 42 consecutive Working Days.

and period of 42 consecutive Working Days referred to in the above table shall be the "Fixed Compensation Period" for the purposes of paragraphs 14 15 and 1516.

6.3 If either Party fails to meet an appointment agreed between the Parties in relation to survey, provision, testing,

maintenance or repair of an External Tie Cable, it shall pay to the other the charge equivalent to the charge for a missed joint survey or testing appointment as set out from time to time in the Price List.

7. BT Egress Link (Backhaul) (Part IV, Schedule 03) 7.1 If in respect of a BT Egress (Backhaul) Link, BT has not provided the BT Egress (Backhaul) Link on or before

the Estimated Delivery Time, BT shall pay or allow to the Communications Provider fixed compensation in

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respect of the period commencing on the day following the Estimated Delivery Time and expiring on the date the BT Egress (Backhaul) Link is provided, as follows:

Where up to 8 MPFs would have been connected (directly or indirectly) to the Tie Cable but for the delay

£10 per Working Day or part Working Day x 8 for a maximum of 42 consecutive Working Days.

Where 8 or more MPFs would have been connected but for the delay

£10 per Working Day or part Working Day for each MPFs connected, for a maximum of 42 consecutive Working Days.


7.2 In the event that BT has paid, or is liable to pay, fixed compensation to the Communications Provider both

under paragraph 7.1 and under one or more of paragraphs 4, 5 or 6, the amount of fixed compensation payable under paragraph 7.1 shall be reduced by the amount of fixed compensation paid or payable under paragraph 4, 5 or 6. This reduction shall only apply if the delay caused in the provision of the BT Egress Link (Backhaul) is a direct result of BT’s delay which caused the liability to pay fixed compensation payments under paragraphs 4, 5 or 6.

8. MDF Site Access (Part IV, Schedule 05) 8.1 If BT fails to meet the response/access times set out in Part IV, Schedule 05, it shall pay to the

Communications Provider the charge equivalent to BT’s charge for a missed testing appointment as set out from time to time in the Price List.

9. Metallic Path Facilities (Part IV, Schedule 06) and Shared Metallic Path Facilities (Part IV, Schedule 08) 9.1 Where BT provides the Communications Provider with Metallic Path Facilities in accordance with Part IV

Schedule 06 or Shared Metallic Path Facilities in accordance with Part IV Schedule 08 the following provisions shall apply.

9.2 BT shall pay or allow to the Communications Provider fixed compensation if the actual date of provision of any

Metallic Path Facilities or Shared Metallic Path Facilities is later than the CCD or if the date the KCI3 sent by BT is later than the CCD. The level of compensation is as set out below and is calculated from the next Working Day after the CCD as appropriate and expiring on the actual date of provision of those Metallic Path Facilities or Shared Metallic Path Facilities or for Shared Metallic Path Facilities 60 consecutive days whichever is sooner;

For each MPF or shared MPF affected £8 per Working Day or part Working Day.

9.3 If BT is late in resolving a fault report or repairing a fault, BT shall pay or allow fixed compensation to the

Communications Provider in accordance with paragraph 3. 9.4 If the Communications Provider chooses to supply any of its Customers by relying on a wholesale DSL service

wholly supplied by BT otherwise than under this Agreement, after BT is late in supplying service to the Communications Provider under this Agreement:

9.4.1 the Communications Provider may terminate the agreement to provide such wholesale service (or any

replacement) as respects that Customer, on one month’s notice; and 9.4.2 the provisions of this Agreement shall not apply until the notice of termination of the wholesale service

agreement has expired. 9.5 If within 8 Working Days of BT’s notification of its delivery of an MPF, or Shared MPF the Communications

Provider gives notice that the service has failed due to BT’s act, error or omission, then BT shall pay the Communications Provider fixed compensation of £16 per Working Day or part Working Day for a maximum of

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60 consecutive days . Fixed compensation will be calculated from the next Working Day after the the KCI3 has been sent by BT and (subject to the cap above) expiring on the actual date of repair of the MPF or Shared MPF w. The Communications Provider shall notify BT as soon as it becomes aware that an MPF or Shared MPF has failed.

10. Appointment Availability 10.1 Where the Communications Provider places a Forecasted Order that requires an appointed engineering visit,

subject to Part IV, Schedule 06, paragraph 3;

When the Communications Provider (a) reserves an Appointment using the appointing Dialogue Service, and subsequently places the associated

order prior to the expiry of the reservation. or (b) the Communications Provider places an order and BT provides the next available appointment;

then, BT shall offer the Communications Provider an available appointment within 12 Working Days of application. If BT fails to do so the Communications Provider shall be entitled to the compensation set out in paragraph 10.3.

10.2 Where the Communications Provider is obliged to provide a Forecast in accordance with paragraph 3.1 of Part

IV, Schedule 06, in the event that that the Communications Provider submits a total number of Orders in a region during any Forecast Period that exceeds the forecasted number of Orders for that region for that period by more than the margin of 10%, then the service guarantees for Appointment Availability in paragraph 10.3 will not apply for that region.

10.3 If BT fails to meet the commitments set out in paragraph 10.1 for a Forecasted Order, then subject to the

limitations laid out in paragraph 10.2, If BT offers the Communications Provider the first available appointment between 13 and 15 Working Days BT shall, in respect of that Forecasted Order pay £2 per day until the next available appointment. If the next available appointment offered to the Communications Provider is later than 16 Working Days BT shall, in respect of that Forecasted Order pay £4 per day until the next available appointment.

10.4 Where the Communications Provider places an Order for an MPF Provide that does not require an appointed

engineering visit at the End User premise, subject to Part IV, Schedule 06, paragraph 3 and the other terms of this paragraph 10:

When the Communications Provider

a) makes a frames reservation using the Appointing Dialogue Service, and subsequently places the associated Order prior to the expiration period of the reservation; or

b) the Communications Provider places an Order;

then, BT shall offer the Communications Provider an available date to provide service within:

a) 8 Working Days of placement of an MPF Stopped Line Provide Order;

b) 14 Working Days of placement of an Order requiring notification of transfer.

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11 Automatic Compensation Service Levels

11.1 BT will monitor service levels and provide messages in a timely manner and, where applicable, will pay compensation under the service level guarantees solely to the Relevant Communications Provider.

If the Relevant Communications Provider fails to provide to Ofcom the information specified in “Choosing the Best Broadband, Mobile and Landline Provider, comparing service quality” report, or fails to provide to BT evidence of its payment of Automatic Compensation to its end users, BT may withhold and/or set-off the total sum of Automatic Compensation fixed compensation paid, or payable to the Relevant Communications Provider for events in the preceding 12 month period. BT may withhold subsequent Automatic Compensation fixed compensation until the Relevant Communications Provider provides BT with evidence of its payment of Automatic Compensation fixed compensation payments to its end users.

x.2 Section B sets out the service levels applicable to the Relevant Communications Provider for the following products:

Product

LLU MPF

LLU SMPF

SFI2

11.3 BT will provide the Relevant Communications Provider messages as set out in the Automatic Compensation Business Rules document.

11.4 Automatic Compensation Provision Service Level

11.4.1 Subject to clause 11.7, If BT fails to provide the products set out in 11.2 by 23:59 on the committed date:

(i) and the product is provided on a later date, BT shall pay the Relevant Communications Provider £4.29 per day until the date the product is provided, including the date of provision but excluding the committed date, or if the product is not provided following a missed appointment BT shall pay the Relevant Communications Provider £4.29 until the Earliest Available Date; or

(ii) if the Relevant Communications Provider cancels the provision Order on the committed date, BT shall pay the Relevant Communications Provider£4.57; or

(iii) if the Relevant Communications Provider cancels the provision Order after the Automatic Compensation SLA failure, BT shall pay the Relevant Communications Provider £4.57 until the date the cancellation is completed, including the date of cancellation but excluding the committed date.

11.4.2 If BT fails to provide the products set out in 11.2 by 23:59 on the committed date and the provision Order is part of a simultaneous provision, BT will pay the Relevant Communications Provider £4.29;

(a) solely for the primary service until the day the primary service is provided (where both products are provided on the same day); or

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(b) solely for the primary service until the primary service is provided and then solely for the secondary service until the secondary service is provided (where both products are provided on different days); or;

(c) solely for the secondary service until it is provided if the primary service is provided on the committed date.

Primary and secondary services are as described in Late Provision section of the Automatic Compensation Business Rules document.

11.5 Automatic Compensation Repair Service Level

11.5.1 Subject to clause 11.5.2 and 11.7, if BT fails to repair the products set out in 11.2 within two Working Days (excluding the day the fault is placed) of the fault being placed by the Relevant Communications Provider with BT then if the product is subsequently repaired by BT,:

(i) BT shall pay the Relevant Communications Provider a) If the fault is raised as a standard repair (“LL1, or LL3” as set out in the MPF/SMPF Fault Reporting

and Repair Process description), £4.76 per day until the date the service is repaired; or b) If the fault is raised as an SFI2 £7.31 until the date the service is repaired, or

(ii) if the Automatic Compensation Service Level failure follows a missed appointment BT shall pay the Relevant Communications Provider

a) If the fault is raised as a standard repair (LL1, LL3) £4.76 per day until the Earliest Available Date; or

If the fault is raised as an SFI2 £7.31 until the Earliest Available Date; or

(iii) If the Relevant Communications Provider places a cease Order for the service during the Automatic Compensation Service Level failure period either:

a) the Relevant Communications Provider will cancel the fault, or; b) If the Relevant Communications Provider does not cancel the fault, BT will cancel the fault,

And BT shall pay the Relevant Communications Provider

c) If the fault is raised as a standard repair (LL1, LL3), £5.11 until the date the fault report is cancelled, or d) If the fault is raised as an SFI2 £7.31 until the date the fault report is cancelled

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11.5.2 Where related services as set out in the table below are provided to the same address, and either:

(i) a single Relevant Communications Provider raises a fault on more than one service; or (ii) multiple Relevant Communications Providers each raise a single fault per service;

and BT fails to repair the related services within the agreed timeframe, BT will pay an Automatic Compensation payment only until the primary service is repaired, as set out in the table below:

Services Provided Primary Service the Automatic Compensation payment will be paid against

WLR + SMPF WLR

WLR + GEA-FTTC WLR

GEA-FTTC + MPF MPF

11.6 Automatic Compensation Missed Appointment Service Level

11.6.1 If BT fails to keep an appointment to provide, or repair the products set out in 11.2, or BT amends, or cancels the appointment without the Relevant Communications Provider's consent during the 24 hours prior to the date of the engineer visit, BT will pay the Relevant Communications Provider £19.77 for each missed appointment.

11.6.2 If the Relevant Communications Provider cancels the fault following a missed appointment BT will pay the Relevant Communications Provider an additional £3.06 for each missed appointment until the fault is cancelled.

11.7 Exceptions

To the extent that it affects any compensation payable under paragraph 11 of this Part IV, the service levels will not apply if:

a) the failure by BT is due to the Relevant Communications Provider's own network or equipment, or any other network or equipment outside the BT Network; or

b) the failure is due to the industry number portability processes; or

c) a fault is due to the error, act or omission of the End User; or

d) due to the error, act or omission of the Relevant Communications Provider, or the End User, BT is unable to carry out necessary work, or gain access to an End User SIte; or;

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e) The Relevant Communications Provider fails to agree an appointment date or work is aborted by the Relevant Communications Provider or End User or a third party that BT reasonably assumes to be in authority; or

f) The Relevant Communications Provider and BT agree a different timescale for performance of the service level; or

g) the failure is due to an inaccurate Order, or the fault is not reported in accordance with the MPF SMPF

Fault Reporting and Repair Process Description by the Relevant Communications Provider; or

h) if BT requires permission from the End User to put BT Equipment at the End User Site or any necessary alterations to buildings, or if a site specific method statement is required; or

i) the failure is due to a Force Majeure event; or

j) the failure is due to an Emergency service interruption, Scheduled Outage or an outage of the System notified in accordance with the Contract.

1112. Service Levels for Equivalence Management Platform

1112.1 EMP Service Level

If there is an EMP Loss of Service then subject to the other terms of this paragraph 11 12 including without

limitation the exclusions at paragraph 1112.5 BT will pay EMP Service Credits. .

1112.2 Measurement

112.2.1 EMP Loss of Service will be calculated for each EMP Measurement Period on a per Communications Provider

basis. If the Communications Provider provides to BT documentation indicating that the Communications

Provider has received an EMP Loss of Service during the EMP Measurement Period that is materially different

to that which is used by BT to calculate compensation then the parties shall discuss the matter in good faith

and if the Parties agree, BT shall on a case-by-case basis provide to the Communications Provider information

showing the usage of the EMP Services by the Communications Provider during that EMP Measurement

Period. If the Communications Provider did receive an EMP Loss of Service materially different to that

published for the relevant EMP Measurement Period, the evidence produced by both parties will be used as

the basis for payment of EMP Service Credits.

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121.2.2 EMP Loss of Service is measured from the point at which the public internet meets the Equivalence

Management Platform.

121.2.3 EMP Loss of Service is not specific to the Communications Provider as the measurement criteria do not include

the link to or from the Communications Provider’s own equipment.

1112.2.4 The calculation of an EMP Loss of Service will exclude any measurements relating to inaccurate or incomplete

data input by, or any failure directly attributable to, the Communications Provider or any third party.

121.3 Scheduled Outage Time

121.3.1 For the purposes of this paragraph 1112.3 the term “Equivalence Management Platform” includes the EMP

Services. The Equivalence Management Platform may be taken out of service for routine maintenance from

00:01 hours to 04:00 hours each Thursday. If the Equivalence Management Platform is to be taken out of

service for this scheduled maintenance period BT will advise the Communications Provider no later than 17:00

two Working Days prior to the event and will further advise the Communications Provider when the Scheduled

Outage Time has concluded.

121.3.2 In addition to the maintenance downtime specified in paragraph 121.3.1, BT may also take the Equivalence

Management Platform out of service for additional maintenance work, testing, configuration changes, software

upgrades or updating facilities during Scheduled Outage Time. BT will, where practicable carry out such work

during 22:00 – 07:00 during Saturday and Sunday.

121.3.3 BT will, where reasonably practicable, not plan Scheduled Outage Time on consecutive days. Where

Scheduled Outage Time is required over consecutive days BT will, where reasonably practicable, arrange

such scheduled downtime to occur during the weekend period.

121.3.4 BT will advise the Communications Provider of Scheduled Outage Time which is of less than 9 hours planned

duration not less than five Working Days prior to the event, advising of the commencement and latest

conclusion times, and will further advise the Communications Provider when the Scheduled Outage Time has

concluded. BT will advise the Communications Provider of Scheduled Outage Time with planned durations in

excess of 9 hours sixty calendar days prior to the event. The advice provided by BT will show the times of

commencement and conclusion of the Scheduled Outage Time and advise the affected EMP Services.

121.4 Non-Scheduled Outage Time

121.4.4 For the purposes of this paragraph 121.4.1 the term “Equivalence Management Platform” includes the EMP

Services. In addition to the Scheduled Outage Time set out in paragraph 121.3 above, the Equivalence

Management Platform may be taken out of service to resolve an EMP Fault affecting the service. BT will

advise the Communications Provider, as soon as reasonably practicable of any such non-scheduled outages.

BT will, where reasonably practicable, provide the advice no later than 30 minutes from the commencement

of the non-scheduled outage if such an event is longer than 2 minutes in duration. The Communications

Provider will be kept regularly updated regarding the resolution of the EMP Fault. BT will further advise the

Communications Provider when the non-scheduled outage has concluded. The advice provided by BT will

show the times of commencement and conclusion of the non-scheduled outage and advise the affected EMP

Services. Subject to paragraph 121.5, non-scheduled outage time shall be included in the calculation of EMP

Service Credits.

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121.5 Exclusions

121.5.1 The EMP Service Level will not apply if the failure by BT is due to:

(i) the performance of the public internet;

(ii) the Communications Provider’s own network or equipment or any other network or equipment outside

the BT System;

(iii) the Communications Provider failing to comply with relevant security and design specifications as previously

notified by BT to the Communications Provider;

(iv) the Communications Provider failing to provide reasonable assistance; and

(v) a Force Majeure event.

121.6 EMP Service Credits

11.6.1 If, for any EMP Measurement Period BT fails to meet the EMP Service Level the Communications Provider

shall be entitled to EMP Service Credits calculated in accordance with the relevant formulae set out in

paragraph 0 below where:

a = the number of valid provide, transfer and migration EMP Transactions submitted by the Communications

Provider in the previous EMP Measurement Period using the EMP Order Facility (i.e. the month immediately

prior to the relevant calendar month)

b = the number of valid assurance EMP Transactions submitted by the Communications Provider in the

previous EMP Measurement Period using the Assure Facility (i.e. the month immediately prior to the relevant

calendar month)

c = total number of hours in the previous EMP Measurement Period

d = the duration of the EMP Loss of Service (expressed as a number of hours rounded to two decimal points)

calculated on a per incident basis

e = the greater of a or b for the Communications Provider during the previous EMP Measurement Period

f = the fulfilment order run rate for the previous EMP Measurement Period calculated using the formula: f =

a / c

g = the assurance order run rate for the previous EMP Measurement Period calculated using the formula: g

= b / c

h = the Dialogue EMP Services run rate for the previous EMP Measurement Period calculated using the

formula: h = e / c

121.6.2 In the event of an EMP Loss of Service BT shall pay the Communications Provider EMP Service Credits

depending on the EMP Service which has been affected by the EMP Loss of Service as follows:

(i) EMP Order Facility = f x d x £20

(ii) EMP Assurance Facility = g x d x £20

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(iii) One or more Key Dialogue EMP Services = h x multiplier x d x £20

For the purposes of the Key Dialogue EMP Services formula above the multiplier set out in the table below will apply.

DURATION OF THE EMP LOSS OF SERVICE (in hours)

MULTIPLIER

Up to 2 1

2 or more but less than 4 2



8> 5

121.6.3 The Communications Provider shall only receive EMP Service Credits if they are using the affected EMP

Service during the relevant EMP Measurement Period.

121.6.4 If during a relevant EMP Measurement Period BT fails to meet the EMP Service Level the Communications

Provider’s entitlement for EMP Service Credits is subject to the following principles:

(i) If a EMP Loss of Service affects an EMP Service the EMP Service Credit will be based on the affected

EMP Service using the relevant formula shown at paragraph 121.6.2 above;

(ii) If a EMP Loss of Service affects the EMP Order Facility and the Assurance Facility the EMP Service Credit

will be calculated using the formula at sub-paragraphs 121.8.2(i) and 121.8.2(ii) above.

(iii) If a EMP Loss of Service affects all of the EMP Services the EMP Service Credit will be based on the greater

of either the:

a. EMP Order Facility and the EMP Assurance Facility using the formula at sub-paragraphs 121.8.2(i) and

121.8.2(ii) above; or

b. the Key Dialogue Services using the formula at sub-paragraphs 121.8.2(iii) above

121.6.5 The level of EMP Service Credit is subject to a maximum EMP Loss of Service of 48 hours per incident.

121.7 EMP Target Availability

121.7.1 BT will provide the following target availability (measured and averaged across all Communications Providers)

for Key Dialogue EMP Services when any of the following methods are employed, B2B Gateway, portal, web

EMP Services as follows:

B2B Gateway

Dialogue Service

Target response times

95% of EMP Transactions

Manage Line Test MPF 80 seconds

Manage Line Test SMPF 62 seconds

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Manage Number Portability 49 seconds

Manage Line Plant Availability Manage Line Characteristics Appointing Address Matching

11 seconds

Portal

Dialogue Service Target response times 95% of

EMP Transactions

Manage Line Test MPF 71 seconds

Manage Line Test SMPF 54 seconds

Manage Number Portability 41 seconds


3 seconds

Web EMP Services

Dialogue Service Target response times

95% of EMP Transactions


4 seconds

121.7.2 BT will provide the following target availability for the Keeping Customer Informed (“KCI”) messages provided

by the Equivalence Management Platform:

KCI 95% within 98% within

Order Pending/Order Reject

30 minutes 40 minutes

KCI 1 45 minutes 60 minutes

KCI 2 20 hours 24 hours

KCI 3

1 hour from the engineer internally communicating the last task is complete until the KCI3 is transmitted

2 hours from the engineer internally communicating the last task is complete until the KCI3 is transmitted

121.7.3 BT will, where reasonably practicable, minimise the number of scheduled outages. BT will, where required,

schedule maintenance and scheduled outages, with the following target maximum quantity:

Standard Maintenance Window

Scheduled Outages

Extended Scheduled Outages

Total Scheduled Outages

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Outage time bands

<=4 Hour Outage <=9 Hour(s) Outage

<=24 Hours Outage

Period Outages per quarter

Calendar Quarter 6 3 1 10

121.7.4 BT will provide a prompt and efficient EMP Services on the EMP.

132. Rebate of Fixed Compensation

132.1 Notwithstanding the provisions of this Part, BT shall not be liable to pay or allow to the Communications Provider fixed compensation or liquidated damages (and the Communications Provider shall repay or allow to BT any such fixed compensation or liquidated damages already paid or allowed), for the late provision of Service at any MDF Site if, in respect of Distant Location, the total elapsed time from the date of submission by the Communications Provider of a Distant Location Request Form up to and including the Ready for Service Date completion of the initial delivery of Distant Location facilities to the Communications Provider at any MDF Site is 75 Working Days or less, taking into account any period of suspension under paragraphs 5.2.2 and 6.1.2 of Part I.

132.2 Nothing in this Part shall require either Party to pay or allow compensation or liquidated damages to the other in respect of any failure or delay if and to the extent that such failure or delay is due wholly or partly to force majeure.

143. Compensation payments and records

143.1 It is agreed between the Parties that any amount deducted or recovered under the provisions of this Part in respect of any failure to meet service level commitments are allowed or paid on the basis that there is no admission of liability by either party and also on the basis that any amount deducted or recovered shall be without prejudice to any right of either Party to claim for additional loss.

143.2 BT shall keep records of any amounts deducted or recovered under the provisions of this Part pursuant to paragraph 5 of the main body and will make such records available to the Communications Provider in accordance with that paragraph.

143.3 Either Party may deduct any liquidated damages or fixed compensation payable to it by the other party under this Agreement from any moneys due or to become due to that other Party or may recover the same from that other Party as a debt.

143.4 BT shall monitor its performance against the Service Levels at paragraphs 2, 3, 9, 10 and 11 above and compensate the Communications Provider proactively should it fail to satisfy those Service Levels. For the avoidance of doubt, compensation in respect of those Service Levels at paragraphs 2, 3, 9, 10 and 11 shall be payable without the need for an Communications Provider to make a claim. Immediate compensation under this Part (except in the case of paragraphs 2, 3, 9, 10 and 11 above) shall only be allowed and payable to it if the claimant party notifies the other party of the default giving rise to such fixed compensation or liquidated damages within 3 months of its occurrence.

154. Communications Provider Step in (BT Failure)

154.1 Without prejudice to the rights of the Communications Provider pursuant to paragraph 15, if BT has failed to perform any of its obligations under Part II paragraph 5.3 of this Agreement in any material respect, and such failure has not been rectified on or before the expiry of the relevant Fixed Compensation Period, the Communications Provider shall be entitled, having served notice on BT informing BT of its intention to do so and subject to paragraph 14.4, to take all reasonable steps (but only by means of engaging a contractor having Approved Status) necessary to remedy or rectify such failure.

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154.2 The Communications Provider shall also have the right to negotiate with BT's exiting contractor to take over the management of the relevant contract, if the contractor agrees to this.

154.3 All reasonable costs properly incurred by the Communications Provider in exercising its rights under paragraph 14.1 or 14.2 shall be paid by BT to the Communications Provider within twenty (20) Working Days of the Communications Provider's written demand for the same, failing which the Communications Provider may set off such amounts against other amounts which it owes to BT. Any such demand shall be accompanied by reasonable evidence that the costs to which the demand relates were properly incurred by Communications Provider in exercising its rights under paragraph 1314.1 or 1415.2.

154.4 The Communications Provider shall in the exercise of its rights set out in paragraph 14.1 and 1415.2 (and shall procure that any third party acting on its behalf shall);

154.4.1 be deemed to have entered the MDF Site on the terms set out in Part III;

154.4.2 (to the extent not specified in Part III) comply with good industry practice and all reasonable instructions from BT so far as practicable;

154.4.3 use its Best Endeavours not to damage or cause to be damaged the MDF Site or any assets owned by BT or disrupt the BT operations at the MDF Site to a greater extent than would have arisen had BT performed its obligations, referred to in the Communications Provider's notice, in accordance with this Agreement; and

154.4.4 keep BT informed of the progress of all works carried out in the exercise of such rights.

165. BT's Continuing Liability

1516.1 Notwithstanding the exercise by the Communications Provider of its rights under paragraph 14 15in relation to any particular obligation on the part of BT, BT shall remain wholly and primarily responsible and liable to the Communications Provider at all times for the provision and operation of its other obligations in accordance with the terms of this Agreement.

1516.2 Following the exercise by the Communications Provider of any of its rights under paragraph 154 in relation to any particular obligation on the part of BT, the Communications Provider may at any time following the completion of the works of remediation or rectification serve notice on BT of the completion of the Works, whereupon BT shall resume whole and primary responsibility and liability to the Communications Provider at all times for the provision and operation of the relevant obligation in accordance with the terms of this Agreement, provided always that the works of remediation or rectification have been carried out fully in accordance with the specification on the relevant PCR3 as varied from time to time in accordance with this Agreement.

1617. Termination of Service (BT Failure)

1617.1 Without prejudice to the provisions of paragraph 21 of the main body or to the rights of the Communications Provider pursuant to paragraph 14 15 or otherwise under this Part, if BT has failed to perform any of its obligations under Part II, Schedule 3 of Part III, or Part IV in any material respect and such failure has not been rectified on or before the expiry of the relevant Fixed Compensation Period, the Communications Provider shall be entitled to terminate this Agreement, insofar as it relates to the obligation which BT has failed to perform, with immediate effect on written notice to BT whereupon the obligation which BT has failed to perform and any consequent obligation on the part of the Communications Provider shall cease (but without prejudice to either Party's rights or liabilities that have accrued in respect of such obligations prior to such termination) and the Communications Provider may recover from BT as a debt all costs, losses and expenses arising from or in connection with the failure to perform.

1718. Matters outside the Service Level Commitments

187.1 The service level commitments set out in this Part do not cover faults other than those within the BT System or occurring on premises owned or controlled by BT. For the avoidance of doubt, any faults due to a failure of non-BT equipment connected to the BT System are excluded from the service level commitments in this Part

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as are faults due to the Communications Provider System or any Third Party Communications Provider system.

187.2 The obligations to pay or allow fixed compensation shall be subject to the provisions of paragraph 16 of the main body and, in particular but without limitation, the service level commitments in this Part shall not apply if BT is unable to comply with its obligations under this Agreement due to the following:

187.2.1 BT has requested access to premises from the Communications Provider or a Customer for such period as such access has not been given; or

187.2.2 BT has requested reasonable assistance or information from the Communications Provider required to enable BT to comply with its obligations under this Agreement and such reasonable assistance or information has not been given; or

187.2.3 through no fault of its own, BT is unable to obtain any necessary approvals or consents required in connection with the performance of a Service, or any part of it.

187.3 For the avoidance of doubt the obligations to pay or allow fixed compensation shall be without prejudice to any other rights or remedies available to the Parties under this Agreement.

187.4 Where a date, being a date used in the calculation of fixed compensation anywhere within this Part, is changed by mutual agreement, the relevant date for the calculation of such fixed compensation shall become the Working Day following the revised date.

198. Performance Indicator ("KPIs")

198.1 BT shall record its performance in the provision of the services which it is obliged to provide under this Agreement via publication of a series of target KPIs.

198.2 BT will review the KPIs from time to time with the Communications Provider and members of the LLU Industry Group (or its successor body), unless BT are otherwise required to publish specific KPIs by Ofcom.

198.3 For the avoidance of doubt, failure to reach any or all of the KPIs shall not, of itself, give rise to any liability on the part of BT or any of its contractors.

1920. Charges payable by the Communications Provider (Distant Location forecasting)

1920.1 The charges referred to in paragraph 4.5 of Part I shall be an amount calculated under the following formula: A = ((0.8 x B)-C) x D where: A is the amount of liquidated damages; B is the total number of Distant Location Request Forms which were specified in the committed weekly ordering pattern notified under Part I; C is the number of Distant Location Request Forms which were submitted during such relevant four Quarter period; D is the charge set out in the Price List prevailing at the beginning of the relevant four Quarter period which charge shall be cost orientated to reflect the loss to BT of the Communications Provider's failure to meet the committed weekly ordering pattern.

1920.2 BT may require the Communications Provider to pay any amount payable under this paragraph by written notice not later than 30 Working Days from the end of the relevant Quarter or period. BT may thereafter deduct

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such payment from any sums due or which become due from the Communications Provider to BT under this Agreement or may recover those amounts from the Communications Provider as a debt.

2021. Metallic Path Facilities (Part IV, Schedule 06) KCI2 Delivery For completed MPF appointed provision orders:

2021.1 BT shall provide the Communications Provider with either a KCI2 or a KCID message within 5 Working Days of KCI1 or a KCI delay (“KCID”) message, BT shall update the Communications Provider with reasonable information on how the order is progressing.

210.2 If BT fails to provide either a KCI2 or a KCID message within 5 Working Days of the KCI1, as set out in paragraphs 210.1 above, the Communications Provider shall be entitled to compensation of £8 per completed MPF appointed provision order. For orders where a KCID has been issued but is misleading, or incorrect, the Communications Provider may raise a Dispute with BT within 90 calendar days of Order completion.

Documents

REFERENCE OFFER SUBJECT TO CONTRACT PART VI Service … · 2. Fault handling and repairs (Part III) 3. Fault handling and repairs (Part IV, Schedule 06, 08) 4. Provision of Co-location