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Adjudicator Appointment Rules

1. Selection for Appointment

1.1 The Adjudicator shall be an individual appointed from time to time by Ofcom alone:

1.1.1 after consultation by Ofcom with British Telecommunications plc ("BT") and other Communications Providers ("Operators") as regards selection criteria and nominations;

1.1.2 and after selection as having the necessary and appropriate experience, knowledge and skills to act as Adjudicator in accordance with the Facilitation Rules and Dispute Resolution Rules;

1.1.3 to hold office as an independent Telecommunications Adjudicator independent of Ofcom, BT and Operators on terms Ofcom considers appropriate; and

1.1.4 to operate the Telecommunications Adjudication Scheme (the "Adjudication Scheme").

2. Required Terms of Appointment

2.1 The terms of office of the Adjudicator shall include terms as to:

2.1.1 when the Adjudicator should assume office, and when the Adjudicator might cease to hold office, including upon the Adjudication Scheme being discontinued;

2.1.2 remuneration and other benefits;

2.1.3 consultation with an advisory panel and with an industry user group;

2.1.4 administrative support;

2.1.5 the taking of independent legal or other advice when necessary or appropriate;

2.1.6 accommodation within Ofcom's premises or elsewhere;

2.1.7 process for disclosing any conflict of interest;

2.1.8 reimbursement of proper and reasonable disbursements and expenses; and

2.1.9 any other relevant matter.

2.2 The Adjudicator will be appointed to office by Ofcom under a suitable contract for services.

2.3 The contract for services will set out the responsibilities and functions of the Adjudicator under the Adjudication Scheme and shall include provision in particular that the Adjudicator:

2.3.1 shall submit periodic reports to Ofcom and the Parties;

2.3.2 shall not be employed by or act as consultant or contractor to Ofcom, BT or any other Communications Provider while holding office as Adjudicator;

2.3.3 shall not have any direct financial interest in BT or any other Communications Provider while holding office as Adjudicator;

2.3.4 shall immediately declare any direct or indirect financial or other interest the Adjudicator knows he has in any facilitation under the Facilitation Rules or dispute resolution under the Dispute Resolution Rules;

2.3.5 in respect of any information imparted to the Adjudicator in confidence by Ofcom or by any Party to a dispute, shall keep that information confidential so long as it remains confidential, even after ceasing to hold office as Adjudicator;

2.3.6 within the period of at least six months immediately after ceasing for any reason to hold office as Adjudicator shall not be employed by or act as consultant or contractor to any Communications Provider without Ofcom's prior written consent;

2.3.7 that the contract for services can be terminated by Ofcom in a number of specified circumstances; and

2.3.8 carry out his duties as Adjudicator in accordance with the Terms of Reference the Facilitation Rules and the Dispute Resolution Rules.

3. Costs

3.1 The costs incurred in relation to the Adjudicator shall be the subject of a budget which is set or amended from time to time by Ofcom after consultation with BT.

3.2 The costs will be paid for by Ofcom. Ofcom will reclaim 50% of the cost of the Adjudicator from BT.

3.3 The budget arrangements will be reviewed at the First Review.

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