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Scheme Agreement

To the Adjudicator

Telecommunications Adjudication Scheme

1. This Agreement (the "Scheme Agreement") to the Telecommunications Adjudication Scheme is made the day of 2004 between British Telecommunications plc ("BT") and (the "Operator") (together the "Parties").

2. Whereas the Parties

2.1 Wish to join the Telecommunications Adjudication Scheme ("Adjudication Scheme") which is described in the "Ofcom Terms of Reference for the Telecommunications Adjudicator" (the "Terms of reference") (Annex 5)

2.2 Approve and adopt the following Rules ("the Rules") in relation to the Adjudication Scheme:

2.2.1 the Adjudicator Appointment Rules (Annex 2)

2.2.2 the Facilitation Rules (Annex 3)

2.2.3 the Dispute Resolution Rules (Annex 4)

as amended from time to time by agreement by all members of the Adjudication Scheme.

3. The Parties hereby agree that, in consideration of the Adjudicator and each member of the Adjudication Scheme mutually agreeing to be bound by the Rules, the Parties will:

3.1 accept and adopt the Rules; and

3.2 abide by the Rules;

until such time as the Operator or BT withdraws from the Adjudication Scheme or the Adjudication Scheme is terminated in which case the dispute resolution rules shall revert back to those of the Access Network Facilities Service Agreement ("the ANF Agreement").

4. Notwithstanding the provisions of the ANF Agreement between BT and the Operator which restricts the circumstances in which contractual terms may be varied or amended, all of the provisions in this Agreement shall have effect.

5. Notwithstanding the provisions of the ANF Agreement between BT and the Operator concerning the resolution of disputes, all of the provisions in this Agreement shall have effect and shall take precedence over relevant provisions in the ANF Agreement to the extent necessary to give effect to the terms of this Scheme Agreement.

6. Any obligation incurred under a Ruling or Adjudication prior to the withdrawal by a Party from the Adjudication Scheme or the termination of the Adjudication Scheme will continue to apply to such Party.

7. By signing this Scheme Agreement, a Party that has not yet entered the ANF Agreement with BT confirms that the Dispute Resolution Rules do not apply and also confirms their intent to sign such an agreement and both Parties agree that this Scheme Agreement will apply immediately upon the signing of such an Agreement at which time the Dispute Resolution Rules will apply.

8. This Scheme Agreement shall terminate on whichever is the earlier of:

8.1 the date on which either party gives notice to the other Party, to the Adjudicator and to Ofcom (such notice being capable of being given between 31 January 2005 and 28 February 2005, both dates inclusive) to withdraw from the Adjudication Scheme;

8.2 the expiration of six months notice given by either Party to the other Party, to the Adjudicator and to Ofcom at any time after 28 February 2005 or such shorter notice period as may be agreed by the Adjudicator and Ofcom;

8.3 the expiration of one months notice given by either Party to the other Party, to the Adjudicator and to Ofcom within one month following any change to the Rules or the Terms of Reference;

8.4 the date of termination of the Adjudication Scheme, for whatever reason, by Ofcom;

8.5 31 January 2006 unless extended by agreement of the Parties;

8.6 1 February 2005, if at such date the Operator has not entered into an ANF Agreement and the Operator has not been given written permission by the Adjudicator to continue within the Adjudication Scheme; or

8.7 on the expiry of a 12 month period from the signing of this Scheme Agreement, if at such expiry the Operator has not entered into an ANF Agreement with BT.

9. This Scheme Agreement will be governed under the Law of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

Signed

British Telecommunications plc

 

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[Operator]

 

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