ANNEX C

SCHEDULE 391

Operator IP Network Calls at BT DLEs
(Operator-allocated Number Block)

1.	Definitions

1.1	In this Schedule, a reference to a paragraph or Appendix, unless stated otherwise is to a paragraph or Appendix of this Schedule. Words and expressions have the meaning given in Annex D, except as shown below:

“BT Local Gateway”	a BT DLE with grooming functionality notified by BT for the conveyance of a specified range within the Operator IP Network Number Block of Operator IP Network Calls from the BT System to an Operator IP Network Gateway, except where the Operator IP Number Block is within the Number Range 084409 where it is a BT DLE;
	
“IP Network”	the data network comprising interconnected networks using the TCP/IP protocol suite;
	
“Operator IP Network Number Block”	a Number Range consisting of 1,000 consecutive telephone numbers commencing with the digits 0808 90, 0844 0 or 1, 0871 0 or 1 (or other digits specified from time to time by BT) allocated to the Operator or Operator IP Network Service Provider by Ofcom from time to time within the Number Range specified in Appendix 391.1 for access to the IP Network and specified in writing to BT by the Operator prior to commencement of service ;
	
“Operator IP Network Call”	a Call made by a Calling Party on the BT System dialling the Number Range within the Operator IP Network Number Block followed by an Operator IP Network Service Provider’s number within an Operator IP Network Number Block (which sets up a Call to the Operator IP Network Service Provider) to access the IP Network;
	
“Operator IP Network Gateway”	an Operator Switch Connection nominated by the Operator and agreed between the Parties for the conveyance of a specified range within the Operator IP Network Number Block of Operator IP Network Calls from the BT System to the Operator System;
	
“Operator IP Network Service Provider”	a person who has contracted with the Operator for delivery of Calls to access the IP Network using telephone numbers within an Operator IP Network Number Block The expression shall also include the Operator in respect of such telephone numbers if the Operator has published those numbers as being available to call the Operator itself in respect of certain Operator services.	

 2.	Description of Service

2.1	Subject to the provisions of this Schedule, the Operator shall convey Operator IP Network Calls handed over from the BT System at a BT Local Gateway to the appropriate terminal apparatus nominated by the Operator IP Network Service Provider, being terminal apparatus directly connected to the Operator System.

2.2	BT shall only convey an Operator IP Network Call from an Exchange Line directly connected to a BT Local Gateway.

2.3	Subject to the provisions of this Schedule, BT shall convey and hand over to the Operator System at an Operator IP Network Gateway from a BT Local Gateway Operator IP Network Calls initiated on the BT System by a Calling Party, provided that:

2.3.1	the Operator or Operator IP Network Service Provider has been assigned the appropriate Operator IP Network Number Block by Ofcom; and

2.3.2	the Operator has ordered and BT has implemented the relevant Data Management Amendment to activate the Operator IP Network Number Block at the relevant BT Exchanges.

2.4	Operator IP Network Calls shall be included in the Traffic Forecast in accordance with Annex A.

2.5	The Parties shall agree in advance all necessary technical requirements, including Call set-up and cleardown sequences, for the conveyance of Calls pursuant to this Schedule. 

2.6	The Parties shall make reasonable endeavours to agree adequate safeguards to prevent and detect fraudulent use of  Calls made pursuant to this Schedule, and the Parties shall co-operate to deal appropriately with any fraud or potential fraud identified.

2.7	BT reserves the right to terminate Calls conveyed under this Schedule if it reasonably considers that use of the Operator IP Network Calls service is significantly causing degradation of service to customers generally.

2.8	The Operator shall convey Operator IP Network Calls during those periods of time and at the same standard and quality of service as the Operator conveys similar Calls.

2.9	Each Party shall correct faults which occur in its System which affect the conveyance of Operator IP Network Calls in accordance with such Party’s normal engineering practices. For the avoidance of doubt, neither Party warrants that its System is, or will be, free from faults.

2.10	If there are abnormally high volumes of Operator IP Network Calls that the Operator System cannot convey, or if either Party reasonably considers that there is evidence of fraudulent use of the Operator IP Network Calls service, BT may apply network management controls in the BT System and/or the Operator may apply network management controls in the Operator System.

2.11	Indirect Access Calls, Operator Groomed IP Network Calls, Operator 080 Free Phone Calls, Operator 084 NGCS Calls, , Operator 087 NGCS Calls, and International Calls are not conveyed pursuant to this Schedule.

2.12	The Operator System shall generate and convey full CLI as requested by the BT System.

2.13	If a telephone number within the Operator IP Network Number Block is ported to a Third Party Operator, at the request of the Operator BT shall provide service to the Operator for all Calls within such Operator IP Network Number Block pursuant to Schedule 392 where the BT Local Gateway has grooming functionality or Schedule 395 [(as appropriate) as though the Operator IP Network Number Block does not commence with the digits 0808, 0844 or0871.]

3.	Routing

3.1	The conveyance of Operator IP Network Calls shall be in accordance with the routing principles specified in Annex A.

3.2	Operator IP Network Calls handed over to the Operator by BT shall be handed over at Operator IP Network Gateways as agreed in writing by the Parties prior to commencement of service.

3.3	BT has no obligation to convey Calls pursuant to paragraph 2.3 if there is insufficient Capacity to the Operator IP Network Gateway.

4.	Charging

4.1	BT shall pay the Operator or the Operator shall pay BT as appropriate the charges for Operator IP Network Calls service specified from time to time in the Carrier Price List.

4.2	If a free-to-Calling Party Operator IP Network Call is made from a BT Public Call Box or a BT Temporary Call Box (each as defined in schedule 1, part 1 of the BT Licence as in force at 27 September 1999), the Operator shall in addition to any other charges pay BT for each such Call, the BT Payphone Access Levy specified from time to time in the Carrier Price List.

4.3	If Appendix 391.1 provides for the use of the 0808 Number Range by the Operator, the Operator shall pay a once-off charge in accordance with the rate specified in the Carrier Price List as a contribution to the funding of the BT work programme necessary to open free-to-Calling Party access from BT Public Call Boxes or BT Temporary Call Boxes (each as defined in schedule 1, part 1 of the BT Licence as in force at 27 September 1999) for the 0808 Number Range, unless the Operator shall already have paid such a charge in respect of the use of the 0808 Number Range for another service.

5.	Commencement

5.1	The Operator shall convey Operator IP Network Calls handed over from the BT System commencing on a date to be agreed in writing by the Parties.

APPENDIX 391.1

The Number Ranges to which this Schedule applies are set out below:

Number Range