a. the Director
may, after consultation with the Licensee, determine to substitute
the formula set out in either paragraphs 70A.2 or 70A.3 or, as the
case may be, the formulae set out in both of these paragraphs for
such other formula (or formulae) that he considers appropriate in
the circumstances in order to reflect the changes made to the charging
periods or, as the case may be, the introduction of new charging periods,
and the Average Interconnection Charge and the Target Average Charge
shall be calculated by employing the formula (or formulae) so determined
by the Director;
b. in making any
determination under paragraph 70A.5(a) above, the Director may consult
with the Licensee in such manner and for such period (which may be
no longer than 7 days notwithstanding such period during which he
would normally consult under paragraph 4 of Part 1 of Schedule 1 to
this Licence) as he considers appropriate in the circumstances, and
with any other person he considers may be affected by the determination;
and
c. the Licensee
shall immediately (and, in any event, not later than 7 days after
making such changes) give to the Director a notice in writing which
identifies the changes made to its charging periods or, as the case
may be, the new charging periods for its Fixed-to-Mobile Interconnection
Charges.
a. "Average
Interconnection Charge" has the meaning given to it in paragraph
70A.2 above;
b. "Fixed-to-Mobile
Call" means a circuit switched conveyance of a speech teleservice
(as defined in the relevant ETSI standards) only originating in a
Fixed Public Telephone System (other than the Applicable Systems of
the Licensee) and intended to terminate on a GSM mobile handset using
the GSM air interface for the conveyance of that speech call, which
is connected to the Applicable Systems of the Licensee. For the purposes
of this definition:
i. "the
relevant ETSI standards" means the European Telecommunications
Standard (ETS) of ETS 300 905 (GSM 02.03 version 5.3.2), Third Edition,
January 1998, which has been produced by the Special Mobile Group
(SMG) of the European Telecommunications Standards Institute (ETSI);
and
ii. "GSM"
means the Global System for Mobile communications (GSM) as defined
in the relevant ETSI standards;
c. "Fixed-to-Mobile
Interconnection Charge" means the standard charge made by
the Licensee for the interconnection of a Fixed-to-Mobile Call, and
"interconnection" has the same meaning as in the Interconnection
Regulations;
d. "Mobile-to-Mobile
Call" has the meaning given to it in paragraph 70B.6 of Condition
70B;
e. "Target
Average Charge" has the meaning given to it in paragraph
70A.3 above;
f. "Weekday
Daytime" means the periods of time beginning on 8 am and
ending on 6 pm of every day of the week, except Saturday and Sunday;
g. "Weekday
Evening/Night" means all periods of time of every day of
the week other than Weekday Daytime and Weekend;
h. "Weekend"
means the period of time of every week beginning on midnight on Friday
and ending on midnight on Sunday; and
i. "Year"
means the period of 12 months beginning on 1 April and ending on 31
March.
Condition
70B
CONTROL
OF INTERCONNECTION CHARGES (MOBILE TO MOBILE)
1. The Licensee
shall secure, and shall be able to demonstrate to the satisfaction
of the Director, that the Average Interconnection Charge does not
exceed the Target Average Charge on 24 July 2003.
2. For the purposes
of this Condition, subject to where otherwise applies pursuant to
a determination made by the Director under paragraph 70B.5, the Average
Interconnection Charge shall be calculated by employing the following
formula:
where:
AIC
is the Average Interconnection Charge;
ci is the Mobile-to-Mobile
Interconnection Charge (which is in force on 24 July in relation to
the ith Charging Period) determined according to the Licensee's standard
charges and does not include any discounts offered by the Licensee,
whether in respect of any particular customer or any category of customers
or any category of Mobile-to-Mobile Calls;
mi is the sum
of the volumes of minutes of Fixed-to-Mobile Calls and of Mobile-to-Mobile
Calls in the ith Charging Period during the Year 2002-2003; and
ith Charging Period
is: (a) Weekday Daytime when i is 1; (b) Weekday Evening/Night when
i is 2; and (c) Weekend when i is 3.
3. For the purposes
of this Condition, subject to where otherwise applies pursuant to
a determination made by the Director under paragraph 70B.5, the Target
Average Charge shall be calculated by employing the following formula:
multiplied
by 0.8592
where:
TAC
is the Target Average Charge;
cij is the Mobile-to-Mobile
Interconnection Charge (for the ith Charging Period at the beginning
of the jth month during the Year 2002-2003) determined according to
the Licensee's standard charges and does not include any discounts
offered by the Licensee, whether in respect of any particular customer
or any category of customers or any category of Mobile-to-Mobile Calls;
mi
is the sum of the volumes of minutes of Fixed-to-Mobile Calls and
of Mobile-to-Mobile Calls in the ith Charging Period in the jth month
during the Year 2001-2002; and
ith
Charging Period is: (a) Weekday Daytime when i is 1; (b) Weekday
Evening/Night when i is 2; and (c) Weekend when i is 3.
4. The Licensee
shall, by 2 May 2003, offer to amend all Interconnection agreements
entered into between the Licensee and Operators which are Schedule
2 Public Operators so that the Mobile-to-Mobile Interconnection Charge
agreed between the parties accords with any reductions necessary for
the Licensee to comply with its obligations under paragraph 70B.1,
and the Licensee shall send a copy of such an offer to the Director
not later than 10 days after it has been made.
5. Where the Licensee
makes any changes to any of its charging periods that apply on 1 April
2003 for its Mobile-to-Mobile Interconnection Charges or, as the case
may be, introduces new such charging periods from that day:
a. the Director
may, after consultation with the Licensee, determine to substitute
the formula set out in either paragraphs 70B.2 or 70B.3 or, as the
case may be, the formulae set out in both of these paragraphs for
such other formula (or formulae) that he considers appropriate in
the circumstances in order to reflect the changes made to the charging
periods or, as the case may be, the introduction of new charging
periods, and the Average Interconnection Charge and the Target Average
Charge shall be calculated by employing the formula (or formulae)
so determined by the Director;
b. in making
any determination under paragraph 70B.5(a) above, the Director may
consult with the Licensee in such manner and for such period (which
may be no longer than 7 days notwithstanding such period during
which he would normally consult under paragraph 4 of Part 1 of Schedule
1 to this Licence) as he considers appropriate in the circumstances,
and with any other person he considers may be affected by the determination;
and
c. the Licensee
shall immediately (and, in any event, not later than 7 days after
making such changes) give to the Director a notice in writing which
identifies the changes made to its charging periods or, as the case
may be, the new charging periods for its Mobile-to-Mobile Interconnection
Charges.
6. Unless the
context otherwise requires, in this Condition:
a. "Average
Interconnection Charge" has the meaning given to it in
paragraph 70B.2 above;
b. "Fixed-to-Mobile
Call" has the meaning given to it in paragraph 70A.6 of
Condition 70A;
c. "Mobile-to-Mobile
Call" means a circuit switched conveyance of a speech teleservice
(as defined in the relevant ETSI standards) only originating in
a Mobile Public Telephone System (other than the Applicable Systems
of the Licensee) and intended to terminate on a GSM mobile handset
using the GSM air interface for the conveyance of that speech call,
which is connected to the Applicable Systems of the Licensee. For
the purposes of this definition:
i. "the
relevant ETSI standards" means the European Telecommunications
Standard (ETS) of ETS 300 905 (GSM 02.03 version 5.3.2), Third
Edition, January 1998, which has been produced by the Special
Mobile Group (SMG) of the European Telecommunications Standards
Institute (ETSI); and
ii. "GSM" means the Global System for Mobile communications
(GSM) as defined in the relevant ETSI standards;
d. "Mobile-to-Mobile
Interconnection Charge" means the standard charge made
by the Licensee for the interconnection of a Mobile-to-Mobile Call,
and "interconnection" has the same meaning as in the Interconnection
Regulations;
e. "Target
Average Charge" has the meaning given to it in paragraph
70B.3 above;
f. "Weekday
Daytime" means the periods of time beginning on 8 am and
ending on 6 pm of every day of the week, except Saturday and Sunday;
g. "Weekday
Evening/Night" means all periods of time of every day of
the week other than Weekday Daytime and Weekend;
h. "Weekend"
means the period of time of every week beginning on midnight on
Friday and ending on midnight on Sunday; and
i. "Year"
means the period of 12 months beginning on 1 April and ending on
31 March.
multiplied
by 0.8592