REFERENCE INTERCONNECTION PROPOSAL

Transcription

1 TÜRK TELEKOMÜNİKASYON A.. REFERENCE INTERCONNECTION PROPOSAL 2010 R A T

2 CONTENTS 1. INTRODUCTION MATTERS TAKEN INTO CONSIDERATION APPLICABLE LEGISLATION PURPOSE AND SCOPE DEFINITIONS AND INTERPRETATION RIGHTS AND OBLIGATIONS OF THE PARTIES PROPERTY RIGHTS PROVISION OF INFORMATION PROTECTION OF CONFIDENTIALITY TERM OF THE AGREEMENT AND CONDITIONS FOR RE-NEGOTIATION FORCE MAJEURE LIMITATION OF LIABILITY TERMINATION OF AGREEMENT SETTLEMENT OF DISPUTES AMENDMENTS TO THE AGREEMENT PROCEDURES TO FOLLOW WHEN A MODIFICATION TO THE NETWORK OF ANY ONE OF THE PARTIES OR THE SERVICES OFFERED IS PROPOSED NOTIFICATIONS WAIVER SEVERABILITY PROHIBITION ON REPRESENTATION ATTACHMENTS TO THE REFERENCE INTERCONNECTION PROPOSAL PROVISIONS REGARDING SERVICES OFFERED INTERCONNECTION CO- LOCATION AND FACILITIES SHARING CHARGES, PAYMENTS AND INVOICING PROCEDURES CHARGES PAYMENTS INVOICING PROCEDURES MATTERS REGARDING DEMAND ESTIMATIONS MATTERS REGARDING ESTIMATIONS ON DEMAND FOR LEASED CIRCUITS MATTERS REGARDING TRAFFIC ESTIMATIONS SANCTIONS TO APPLY IF ORDERS ARE CANCELLED MATTERS REGARDING NETWORK INTEGRITY AND SECURITY ENSURING QUALITY OF SERVICE GENERAL QUALITY OF SERVICE PROCEDURES FOR REPAIRING FAILURES FAULT DETECTION AND REPORTING SPEED OF INTERVENTION RESTORATION OF SERVICE REPAIRING OF FAILURES STANDARDS AND TECHNICAL SPECIFICATIONS TECHNICAL EVALUATION MEETING SYNCHRONIZATION ECHO CONTROL CALLING LINE IDENTIFICATION (CLI) MALICIOUS CALLER IDENTIFICATION (MCI) CONTINUITY OF SUBSCRIBER CHARACTERISTICS OPERATING ON TÜRK TELEKOM NETWORK

3 10. MATTERS RELATING TO OPERATION SUCH AS SIGNALING, TRAFFIC OR NETWORK MANAGEMENT SIGNALING ROUTING PRINCIPLES OPERATION ATTACHMENT: PROCEDURES, PRINCIPLES AND CHARGES FOR CO-LOCATION AND FACILITIES SHARING FOR INTERCONNECTION AT TÜRK TELEKOM FACILITIES OR OPENING THE LOCAL LOOP FOR SHARING OR DATA FLOW ACCESS SERVICES.. 68 ATTACHMENT-A: PROCEDURES, PRINCIPLES AND CHARGES FOR CO-LOCATION FOR INTERCONNECTION AT TÜRK TELEKOM FACILITIES OR OPENING THE LOCAL LOOP FOR SHARING OR DATA FLOW ACCESS SERVICES ATTACHMENT-B: PROCEDURES, PRINCIPLES AND CHARGES TO APPLY FOR THE SHARING OF TÜRK TELEKOM'S UNDERGROUND AND/OR AERIAL FACILITIES WITHIN THE SCOPE OF INTERCONNECTION OR OPENING LOCAL LOOP FOR SHARING OR DATA FLOW ACCESS SERVICES ATTACHMENT-C: PROCEDURES, PRINCIPLES AND CHARGES TO APPLY FOR TÜRK TELEKOM BUILDING ENTRY OR IN-BUILDING F/O CABLE CONNECTIONS WITHIN THE SCOPE OF INTERCONNECTION OR OPENING LOCAL LOOP FOR SHARING OR DATA FLOW ACCESS SERVICES

4 1. INTRODUCTION The present Reference Interconnection Proposal has been prepared pursuant to the provisions on Electronic Communications Act number 5809 (Act number 5809) and the Regulation on Access and Interconnection, and in parallel with the service to be offered by the Operator and/or the electronic communications infrastructure he will operate, changes may be made to the scope and content of the Interconnection Agreement to be signed with the operators provided that such changes remain to be within the frame of the Related Legislation. In consideration of the changes to be made to the Reference Interconnection Proposal pursuant to the related legislation and/or the regulations and decisions of the Institution, in the event the operators so request, necessary changes shall be made to the relevant provisions of the Interconnection Agreements Matters Taken into Consideration Matters taken into consideration in the present Reference Interconnection Proposal are the following: The Operator has been authorized by the Institution to perform an electronic communications service and/or to build and/or operate an electronic communications infrastructure Türk Telekom, under Act number 5809 and the Concession Agreement they have signed with the Institution, is authorized to perform electronic communications services and to build and operate an electronic communications infrastructure in Turkey The present Reference Interconnection Proposal has been drawn up to establish the rights and obligations of the Parties pertaining to the Interconnection Agreement, owing to the fact that Türk Telekom is the Interconnection incumbent as per the provisions of Act number 5809, the Concession Agreement they have signed with the Institution and the Regulation on Access and Interconnection Applicable Legislation The present Reference Interconnection Proposal is subject to Act number 5809 and the Institution regulations designating the procedure and principles on the implementation of this Act. 3

5 1.3. Purpose and Scope This Reference Interconnection Proposal comprises; The interconnection and operation of the electronic communications networks built and/or operated by Türk Telekom and the Operator pursuant to the authorizations given by the Institution and the related legislation in order to ensure the realization of the electronic communications traffic of the said networks, The provision of the transmission environment to be requested from Türk Telekom for the connections between the equipment in the Operator's Network and the connections between the Operator's Network and Türk Telekom's Network as per the provisions of the present Reference Interconnection Proposal and the procedures and principles of the Türk Telekom Domestic Leased Circuit (Line) Service Level Undertaking approved by the Institution, The determination of the procedures and principles of the settlement for the traffic that Türk Telekom 's network and the Operator 's network generate mutually or to be generated one-sidedly, Making available to the Operator, Türk Telekom's co-location and facilities sharing services within the scope of of the interconnection under the relevant Laws and other legislation and the conditions given in the Co-location and Facilities Sharing for Interconnection or Opening the Local Loop for Sharing or Data Flow Access Services at Türk Telekom Facilities document provided in the Attachment to the present Reference Interconnection Proposal Definitions and Interpretation Unless agreed on the contrary in the present Reference Interconnection Proposal, terms printed in bold and with a capital first letter are used in the meanings stated below. In order to procure that any matter supportive of oversight is prevented in the present Reference Interconnection Proposal expressions in singular also include the plurals and vice versa. 4

6 For the interpretation of the present Reference Interconnection Proposal, the Reference Interconnection Proposal and its attachments shall be construed as a whole. Definitions which are not provided for below shall have the meanings stated in the rld legislation. Emergency Call An emergency Call sent by the Networks to one another upon dialing of any specifically determined number on which the Parties may jointly agree In-Area The area which which remains outside of the region that uses the area code of the city in which the Operator's Interconnection System and the exchange that Türk Telekom uses for the Interconnection are located and where the prefixes for which the interconnection at the local level are provided. Out of Area The area which remains outside the coverage of the In-Area and the Local Level Interconnection The physical and logical connection of the Operator and Türk Telekom Networks built for the transfer of Calls via the Interconnection Point as per the present Reference Interconnection Proposal Interconnection Point The physical point at which the Interconnection between the Türk Telekom's Network and the Operator's Network are realized (DDF etc.) 5

7 Interconnection System The equipment comprising the hardware and the software that Türk Telekom and the Operator determine on their own networks to be used for the Interconnection and by which they transfer the Calls to each other over the Interconnection Points (the exchange, PoP etc.) Interconnection Agreement the agreement to be signed between the Parties to establish the procedures and principles relating to the Interconnection Called Party The Party which receives the Call Calling Party The Party which sends a Call to the Called Party Co-mingling The Physical Joint Settlement Method whereby the Operator places their systems / devices required for the Interconnection at the Transmission / Systems / Data etc. joint halls at Türk Telekom facilities CLI Identification of the telephone number (Calling Line Identity) of the calling person as defined in the signaling standards related to No.7 Call Comprising of the following, however not limited to those and transferred over the transmission way created for sending via electronic communications systems; 6

8 (a) Speech, music and all other sounds; or (b) Images; or (c) Data; or (d) Signals functioning for the transmission of the above including sound, data and images; or (e) Signals functioning for the operation and control of the machines or the devices Call Origination Transfer of the Operator Calls initiated by Türk Telekom users via the Carrier Pre Selection, Carrier Selection or the Two Level Calling Method to the Operator 's Interconnection Systems Carrier Selection The method of the selection of the carrier from which a service is requested for each Call in the Türk Telekom network by dialing the carrier selection code allocated to them by the Institution Call Termination Transmission of the Calls that one Party delivers at the Interconnection Point to the other Party 's Termination Point Release Signal The signal sent to the Network of the Calling Party from the Network of the Called Party as an indication that a Call has ended or has left the Interactive Messaging System of the operator 7

9 (whichever is later) and that the Call duration measurement is terminated and which ends the measurement of the Call duration DDF Digital Distribution Frame Attachment The Attachment appended to this Reference Interconnection Proposal ETSI European Telecommunications Standards Institute Invoicing Information Information that one Party provides for the other Party under the Interconnection Agreement and which include, without limitation the following information: (a) Information required to ascertain the amount of the fees that one Party shall pay to the other Party, and (b) Interconnection utilization tables, information provided by Türk Telekom's or the Operator's Interconnection Invoicing System Invoicing Period Unless otherwise agreed in writing, the invoicing period is one calendar month starting on the first day of the month. 8

10 Invoicing System The system which produces and stores the information comprising the basis of determination of the charges for services that the Parties will provide for each other Invoicing Party The Party whose charges the other Party shall pay according to the present Reference Interconnection Proposal Intellectual Property Rights Any patents, sub-patents, registered schemes, registered designs, registered marks or service marks, reproduction rights, design rights, semiconductor topography rights, know-how rights valid in any one place in the world or any rights owned on any similar rights Physical Co-location The Joint Placement method that the Operator has placed their systems/devices required for the Interconnection at the Türk Telekom facilities Incoming Calls Calls received via the Interconnection Point by a Party's Network and/or their Interconnection System Outgoing Calls Calls sent from a Party's Network and/or its Interconnection System via the Interconnection Point to the other Party's Network and/or its Interconnection System 9

11 Confidential Information Under the Interconnection Agreement, without prejudice to information; - regarding which there is explicit legal provision contrariwise, - which is known to third parties at the time it was obtained, - the disclosure of which is deemed to be not objectionable by the mutual agreement of the Parties, business plans disclosed (in writing, orally, on paper, diskette or any other medium or by other means) by one of the Parties or by a third party on their behalf both during the negotiations held for making of the Interconnection Agreement and prior to or subsequent to such negotiations, reports or data, financial models, financial simulations and examples prepared by the disclosing Party or by a third party on their behalf, and all other information, without limitation, the disclosing Party's activities, processes, plans, goals, product information, know-how, design rights, commercial secretes software, computer programs, source codes, specifications, market opportunities, Customers, project names, all information and data on their fields of activity and business GSM Global System for Mobile Communications Related Legislation Electronic Communications Act number 5809, and Institution regulations showing 10

12 the procedures and principles for the implementation of that Act Interactive Message System The system found in the Called Party's Network enabling the calling Customer to perform interactive operations such as leaving a message or enter a password Business Day Days other than Saturdays and Sundays and other official holidays on the republic of Turkey Operator The company which provides electronic communications services and/or provides electronic communications network and operates its interface within the frame of the authorization Operator's Network the electronic communications network operated by the Operator ITU-The The Telecommunications Standardization Sector of the International Telecommunications Union (formerly called the International Telegraph and Telephone Consultative Committee, CCITT) Capacity The capacity meeting the Technical Standards which provides access for Türk Telekom's Network or the Operator's Network via the Interconnection Leased Circuit A point-to-point fixed and continuous 11

13 communications line reserved for the private use of the Operator on Türk Telekom's Network or the infrastructures of the Operators authorized by the Institution for the construction and operation of a transmission infrastructure and which does not occupy a number on the Türk Telekom exchanges User Real or legal person who makes use of the electronic communications services without regard to whether health has a subscription Institution Information and Communications Technologies Authority MCI Malicious caller identification (the service which enables the Party, to which the Call is transferred to, to identify Calls of malicious intent received by them and the detection of such calls in the Network) Customer Provided it is authorized by the Institution: (a) The real or legal person having an agreement with one of the Parties or with both of them for the provision of the electronic communications services via the Network of a certain Party (b) The user of the electronic communications device which is directly connected to the Türk Telekom's Network or the Operator's Network; or (c) The real or legal person who, even though has an agreement with Türk 12

14 Numbering Telekom for the provision of the electronic communications services, makes calls over the access code or number allocated to the STH Operator Decimal numbers and/or symbols used for the purpose of defining services, either geographical or not, within the country or abroad and/or accessing such services Co-location Use of the building, adjustment building or space which houses Türk Telekom's main distribution frame or their equivalent facility for the purpose of providing connection of an Operator's system and/or equipment to Türk Telekom's system and/or equipment Port The system in the transmission or the exchange comprising the equipment and software, each corresponding to 30 channels Reference Interconnection Proposal The present Reference Interconnection Proposal Main Distribution Frame The distribution frame on which the copper circuit for the access network installed for the operating subscribers on the exchange 13

15 Fixed Telephone Service Provision of basic and value added telephone services to the subscribers, including in-city, inter-city aı international telephone services, using all kinds of technologies over all electronic communications networks and infrastructures owned by the Operators Virtual Co-location The method of Co-location whereby the maintenance and operation of the Operator's systems/equipment required for the Interconnection are performed by Türk Telekom Network Türk Telekom's Network or, where used, the Operator's Network Termination Point The point at which a Call is received by a device or and equipment owned by Türk Telekom's or the Operator's own Customer or the private or emergency telecommunications service center Network Change A change made to the Network of a Party and which is required to be made to the other Party's Network in order to ensure the continuity of the Interconnection Party Each of the Operators who sign the Interconnection Agreement within the frame of the present Reference Interconnection Proposal Tariff Period The time slice on which the Call tariff 14

16 applies Carrier Pre-Selection The method of pre-selecting in a manner to select without dialing the carrier code of the carrier from whom it is desired to building a service Technical Standards International Telecommunications Standards used on the Türk Telekom's Network such as ITU, ETSI etc. Facility Sharing Use or sharing of the facilities and equipment used for the provision of the electronic communications services by other operators as well Trunk One of the 30 channels of a 2Mb/s Port, on two electronic communications systems or Interconnection Systems (if and exchange) Traffic Estimation or Estimate Estimations relating to to the traffic or the transmissions which are to be used for the purpose of making additional investments or for the other Party to allocate a capacity for any application that a Party plans to implement Türk Telekom Türk Telekomünikasyon A.. Türk Telekom's Network Electronic communications networks operated by Türk Telekom 15

17 Türk Telekom Domestic Leased Circuit (Line) Service Level Undertaking International Call National Transit International Transit Remote Co-location Chargeable Call Time The document covering the procedures, principles and standards relating to the application, allocation and installation and the failure follow up and improvement processes for the point-to-point leased circuit service offered by Türk Telekom to the Customers The Call transmitted from the Operator's Network the the Network of another Operator abroad via Türk Telekom's Network Is the service of the transmission, by the other Party to the agreement, of the Calls that one of the Parties will sent to another Operator The service of transmission, by the other Party to the Interconnection Agreement, of International Calls that one of the Parties will send to other operators abroad Placing the Operator systems/equipment to an adjustment building or space not owned by Türk Telekom in the events of insufficient space at Türk Telekom facilities for the Physical Co-location The time which starts upon the reception of the Reply Signal or upon the Call falling in to the Interactive Message System in the Operator's Network and ends with the reception of the Release 16

18 Signal. (For every Call falling in to an Interactive Message System in the Operator's Network or which the subscriber answers, it shall absolutely sent the Reply Signal and after exiting the Interactive message System or after the subscriber hangs up (whichever is later) it shall send the Release Signal to the opposite Network.) Reply Signal The signal which is sent to the Called Party's Network by the Calling Party s Network the as and indication that a Call has been successfully established with the Interactive message System on the Operator's Network or with the subscriber called, and which starts the counting of the Call time. In the events where the Call is successfully established with an Interactive Message System on the Operator's Network or with the called subscriber, unless requested on the contrary by the Calling Party, the operation shall definitely transmission the Reply Signal to the calling Network within the time determined by Türk Telekom. For Operators who provide services with the use of the 10 digit number allocated to them by the Institution, this period is 5 seconds, and for STH Operators providing services through other means the time that Türk Telekom implements in their own Network shall be applicable. 17

19 Backup Energy The setup, generator power providing the (single or three phase) A.C. Energy that the systems need in the events the Grid Power is not available or remains outside the limits for a period of time due to failures, maintenance, transfer, test work etc. Local Tier The region including the prefixes operating in a service area where an Interconnection with the Operator is provided (Main Distribution Frame) and on the remote line units connected to the service area in question Peak Hour The continuous one hour period within the related time range when the number of Call attempts or the traffic is at their peak Rights and Obligations of the Parties Türk Telekom's Obligations Türk Telekom shall ensure that the Operator's Network is connected to Türk Telekom's Network Türk Telekom, in the event so requested from, provides the transmission environment for the connections between the Operator 's own equipment and/or between the Operator's Network and the Türk Telekom's Network as per the provisions of the Reference Interconnection Proposal and the procedures and principles of the Türk Telekom Domestic Leased Circuit (Line) Service Level Undertaking. 18

20 Türk Telekom shall ensure that Calls are sent to the Operator's Network and/or Calls are received from the Operator's Network in conformance with the structure and characteristics of their own Network (all equipment comprising the network elements) Türk Telekom shall price the circuits they lease to the Operator according to article Leased Circuit Tariffs of the present Reference Interconnection Proposal Türk Telekom shall make available to the Operator the use of their Colocation and Facilities Sharing services under the conditions specified in the Attachment to the present Reference Interconnection Proposal Operator's Obligations The Operator shall ensure that their own Network (all equipment comprising the Network elements) send Calls to the Türk Telekom's Network in conformance with its structure and characteristics and/or Calls are received from the Türk Telekom's Network The Operator shall submit to Türk Telekom the letter of guarantee, the amount and terms of which is determined by taking into consideration the comprise of the traffic between Türk Telekom and the Operator and the risk to be undertaken by Türk Telekom. The amount and terms of the letter of guarantee and/or the additional letter of guarantee requested by Türk Telekom may not be of a nature to prevent new entries to the market and/or circumvent the competition and may not be in contradiction to the laws and Institution regulations in force. Including the additional letter of guarantee, the amounts of all letters of guarantee drawn up in the name of the Operator under the Interconnection Agreement shall be handled as a whole. The amounts in question for Operators providing services under the Carrier Preliminary-Selection Method, Carrier Selection Method and the Two 19

21 Stage Call Method shall be determined on the basis of the sum of all call initiation and call termination traffic. In the event of cancellation of the Interconnection Agreement, or its termination for any reason, and dues or any loss to Türk Telekom are found in those circumstances, in order to procure the collection of the loss or the amount owed the letter of guarantee is converted into cash. In the event the amount owed or the loss is in excess of the letter of guarantee the exceeding portion shall be additionally compensated by the Operator. subsequent to the off-setting conducted in this manner the remaining amount of the letter of guarantee, or, in the event there are no amounts owed to or lost by Türk Telekom, the letter of guarantee is returned to the Operator within 3 months of the termination of the Interconnection Agreement. Letters of guarantee taken from banks whose permits to carry out banking transactions and accept deposits have been rescinded are replaced with new within one month Joint Obligations The Parties shall precisely comply with the responsibilities brought within the frame of the authorizations given by the Institution in the sections relating to their own Networks, including the confidentiality of communications The Party which claims that the other Party is offering services over their Network in contravention of the Related Legislation and/or the authorizations made by the Institution, is obliged to report the matter to the Institution in the shortest time. The Institution is authorized to take all measures under the Related Legislation that they deem to be necessary in the public interest The Parties shall make the necessary arrangements on their own Networks in order for the Calls to be made under the Interconnection Agreement from the Networks they operate towards the other Party's Network to be successful All taxes, duties, fees, financial obligations and other costs relating to the signing of the Interconnection Agreement shall be shared equally among the parties. 20

22 1.6. Property Rights Unless agreed to on the contrary in the Interconnection Agreement the Intellectual Property Rights shall remain under the possession of the Party who owns them. No expression in this Reference Interconnection Proposal contains the transfer of the Intellectual Property Rights of one Party to the other Party All movable and immovable property owned by the Parties by virtue of the Interconnection Agreement are the property of the related Party, provided the provisions of the Related Legislation remain reserved Provision of Information Any one of the Parties shall provide, free of charge, the copies of the information specified in this paragraph or such other information that the other Party may, from time to time, necessarily need for the Interconnection of the Networks or for the provision of the service as per the present Reference Interconnection Proposal or for making use of the equipment and/or the buildings, to the other Party to the extent required. The Party requesting the information shall clearly state their reason for requesting the information that they request and where such information shall be used One of the Parties may request, from the other Party information related to the protocols used for the transfer of the Calls in between the Networks. In such an event, the other Party shall provide such information Network Information The Parties shall furnish one another, latest within thirty (30) days following the signing of the Interconnection Agreement, with the names and addresses, numbering information relating to the Interconnection Systems, information on which number blocks shall be taken delivery of and delivered, which Operator Interconnection Systems the Türk Telekom Interconnection Systems shall be physically connected to, their functions and the necessary contact information apart from these. 21

23 The Parties, before they make any changes related to the Interconnection System, shall make a proposal to each other regarding the change they will be making and at least three (3) months before the implementation of the change they shall provide, Detailed information on the innovation, cancellation, alteration proposed for the equipment in the Interconnection System (those related to the other Party's Network or the operation there), (In order to ensure their continuity of the Interconnection between the Türk Telekom s Network and the Operator's Network) detailed information on any matter proposed for the Network of one Party and which also necessitates an alteration to the other Party's Network A Party shall notify in writing, to the other Party, at least three months in advance, of any change that they will implement in their numbering structure and which requires a change to the other Party's Network as well (such as any routing, signaling, pricing or Invoicing System). Implementation timing plans shall be stated for the changes to be made to the existing routing and for the introduction of the new Numbering Protection of Confidentiality Confidential Information that the Parties mutually provide, in all form an manner, relating to the Interconnection Agreement are exclusive to the Party which furnishes them. The Parties agree and undertake, representing that, save for the condition of the other Party explicitly permits in writing, they shall hold confidential and keep the said Confidential Information and shall not disclose in any manner, either partially or in total, to third parties or organizations, either directly or indirectly and that they shall use such information in line with the purposes of the Interconnection Agreement. The Confidential Information that the Parties supply to each other shall be kept confidential by the Party receiving the Confidential Information and shall only be used within the scope of the Interconnection Agreement and shall not be used for any other purpose without prior written permission from the Party providing the Confidential Information. The Parties shall only be able to disclose the Confidential 22

24 Information to their employees who will need such information for the works described in the Interconnection Agreement. Each one of the Parties shall, prior to such a disclosure, give the employee to whom such information shall be disclosed information and instructions regarding the obligations imposed on them by the Interconnection Agreement and, particularly by this article on confidentiality. This said obligation shall survive for a period of ten (10) years after the termination or cancellation of the Interconnection Agreement. However; In the event that such Confidential Information has become already known to the Party receiving such information or that the Confidential Information becomes open to public without any breach of the rules on confidentiality on the part of the Party receiving the information, the above conditions shall not be applicable. In the event information subject to confidentiality are requested on the grounds of any laws in force or by court decision, necessary warning shall be given to the Party which receives such information regarding the confidentiality of the information Term of the Agreement and Conditions for Re-negotiation The Interconnection Agreement shall enter into effect on the date it is signed by the Parties. The term of the Interconnection Agreement is (3) years following its effective date. In the event no notification is given by the Operator to Türk Telekom (1) month prior to the end of the Interconnection Agreement, the Interconnection Agreement is automatically extended for (3) month periods in a manner as not to disrupt the services being offered Changes made under the Related Legislation and the Reference Interconnection Proposal regarding the Interconnection and/or any arrangements made by the Institution also comprise the matters included in the Interconnection Agreement and Türk Telekom shall make the necessary agreement alterations with those Operators who so request, in line with the said changes/arrangements. 23

25 The Parties may request from one another (by making a request for review) an alteration to the Interconnection Agreement in the following events Changing of the provisions and conditions of the authorization given by the Institution for the related Operator to offer electronic communications services and/or operate electronic communications infrastructure, A change made to the Related Legislation to a significant extent that would affect the rights and obligations of the parties involved in the Interconnection Agreement In the Interconnection Agreement the presence of an open agreement provision which is of a nature that would require the agreement to be re-evaluated and/or reviewed in its entirety A material change occurring which affects or would affect the commercial or the technical foundation of the Interconnection Agreement The Parties shall state in detail in their request for review the matters that need to be latered or to be negotiated any one of the Parties, by giving a written notification to the other Party at least (2) to months in advance, may always request a review of the Interconnection Agreement Upon the request for review is made the Parties shall enter negotiations in order to reach and agreement on the alterations to be made to the Interconnection Agreement The fact that the Parties have made a request for a review does not mean that the Interconnection Agreement has been altered and until the change is made the Interconnection Agreement remains in effect in its present form The provisions of the present article shall also apply in the event any one of the Parties request that a change is made to their Network or to the services offered. 24

26 In the event one of the Parties obtains a different authorization covering the services they are offering within the frame of their authorization, necessary updates are made to the Interconnection Agreement in a manner as not to disrupt the services being offered and/or new Interconnection Agreements are made Force Majeure The Parties shall not be responsible for any breach of the Interconnection Agreement for reasons of natural disasters, martial law or state of emergency, domestic disorder, warranty or military operations, national or local security, strikes and lock-outs, observance of any legal obligation, fire, lightening, explosion, flooding, landslide, acts or negligence of third parties not under the responsibility or the control of the Parties, or for any reason outside of the control of the Parties. The Party which is affected by the force majeure condition shall notify the other Party in writing within thirty (30) days following the incidence of the extent and the period of time for which they shall not be able to perform their obligations (notification of force majeure). The Party affected by the force majeure shall, upon the conclusion of the delay or the failure, immediately inform the other Party in writing that the condition of force majeure has ended. In the event the fulfillment of any one of the Parties' obligations under the Interconnection Agreement is partially affected as the result of the force majeure, the Party in question shall be responsible for satisfying those obligations which are not affected by the force majeure. The Parties shall make all efforts for the Interconnection and the communications to continue even in the event of the occurrence of force majeure. In the event one of the Parties fails to provide, as the result of the force majeure, a part or the whole of the services they are obliged to provide pursuant to the Interconnection Agreement, or fails to make available the use of the equipment and/or the buildings, the other Party shall be free to the same extent of the obligation to make payment for such services or for using the equipment and/or the buildings. 25

27 1.11. Limitation of Liability Each one of the Parties is obliged before the other Party to show the diligence and attention expected of a prudent Operator. The Parties bear the legal and penal responsibilities set down by laws due to the material damages, death and injuries arising from the intention, negligence and mistakes of themselves and the people they are responsible for. The Parties shall remedy, in accordance with the original, any damages caused to the other Party's Network, facilities, tools&equipment, devices and similar materials, by their own employees and/or, without regards to whether any contract exists in between them, of the real and legal persons who perform any service and/or take part in the performance of such service on behalf of the Parties under the Interconnection Agreement. In the event they fail to so remedy, they shall indemnify the damages sustained. The Parties shall not be held responsible for paying any charges or compensation in the event the equipment owned by the other Party installed in their facilities sustain any damages for reasons other than caused by their own fault, such as a fire, earthquake, flooding, explosion etc. The Parties shall meet the traffic losses and miscellaneous losses to arise due to the disruption of service caused by the material damages stated above or arising, without any material damages, from the fault of one of the Parties and all indemnification costs that they are responsible for before third parties due to the service disruption in question Termination of the Agreement The Interconnection Agreement is deemed to be terminated without any need for any procedure in the event the authorization of one of the Parties ends for any reason and the said Party is not able to obtain a different authorization covering the services they are offering within the frame of their authorization. 26

28 In the event it is claimed that one of the Parties acts in default of the provisions of the Interconnection Agreement, firstly, the related Party (the Party making the claim) grants the other Party a fifteen (15) day period with a written notification for the default subject to the claim to be remedied. In the event no solution can be reached regarding the issue within this time the Parties may apply for the determination of the default, to the Institution or the court, depending on the nature of the default for which a determination is requested. In the event the default is established by the Institution or the court, the Party requesting for the determination may terminate the Interconnection Agreement. The compensation of the damages incurred due to the default by the other Party may be requested. In emergencies which may frustrate the realization of the communications, the Party claiming the default may give the other Party a reasonable amount of time that is shorter than the fifteen (15) days. Despite this, in the event the Operator fails to meet their obligations on payment or providing an additional letter of guarantee under the Interconnection Agreement within the timeframes determined between the parties in the Interconnection Agreement, Türk Telekom grants the Operator a period of thirty (30) days with written notice for the obligation to be satisfied. In the event the Operator still fails to satisfy their obligation at the end of that time, Türk Telekom is entitled to cease the service. In the event of the cessation of the service, the Institution is informed along with evidential documents within seven (7) days. Maximum within fifteen (15) days subsequent to the cessation of service, in the event one of the obligations of payment or providing a letter of guarantee, Türk Telekom may terminate the agreement under the condition that a written notification is given to the Institution along with the evidential documents Settlement of Disputes In the event of any dispute arising between Türk Telekom and the Operator regarding the execution of the Interconnection Agreement, the Parties shall make the necessary efforts in good faith for the resolution of the dispute. In the event the dispute cannot be resolved despite this, Ankara Courts and Execution Offices of the Republic of Turkey are exclusively authorized Amendments to the Agreement No amendment to be made to the Interconnection Agreement shall be valid unless signed by the Parties in writing. 27

29 1.15. Procedures to Follow When a Modification to the Network of Any One of the Parties or the Services Offered is Proposed When any one of the Parties proposes that a change is made to their Network or the services offered, such offer shall be evaluated within the frame of article Notifications A notification shall be deemed to have been duly made in the following conditions: a) When delivered by hand during business hours, b) When sent by fax, with the confirmation of receipt, c) By return receipt requested letter, and/or d) When served via a public notary. Unless explicitly stated on the contrary, all notifications relating to the Interconnection Agreement shall be made in writing to the notification addresses of the Parties specified in the Interconnection Agreement. The Parties may change their notification addresses specified in the Interconnection Agreement by notifying the other Party in writing 15 days in advance. In the event address changes are not duly notified the notification served to the know address shall be deemed valid Waiver Any waiver of any right or claim arising from the default or the non-satisfaction of any provision or condition of the Interconnection Agreement shall not be construed as a waiver of the Interconnection Agreement or any right or claim arising from any other default or the nonsatisfaction of any other provision or condition of the Interconnection Agreement. No waiver which has not been made in writing and signed on behalf of the waiving Party shall be valid Severability The fact that any provision of the Interconnection Agreement is deemed to be invalid or inapplicable by both of the Parties or that it is invalidated by court decision shall not affect the 28

30 validity or the applicability of the other provisions of the Interconnection Agreement that remove outside of that/those Prohibition on Representation The Interconnection Agreement shall nor operate nor be construed in a manner to permit the Parties to hold commercial titles as the representatives or agencies of each other, the Parties shall not a present or represent themselves under such title, shall not be authorized to explicitly or implicitly create any obligations on behalf of one another, and shall not attempt nor resort to such actions Attachments to the Reference Interconnection Proposal The attachments to the present Reference Interconnection Proposal are as following in the given order: Attachment: Interconnection at Türk Telekom Facilities or Opening the Local Loop for Sharing or Co-location and Facilities Sharing for Data Flow Access Services Attachment-a: Procedures, Principles and Charges for Interconnection at Türk Telekom Facilities or Opening Local Loop for Sharing or Data Flow Access Services Attachment-b: Procedures, Principles and Charges to Apply for the Sharing of Türk Telekom's Underground and/or Aerial Facilities Within the Scope of Interconnection or opening Local Loop for sharing or data Flow Access Services Attachment-c: Procedures, Principles and Charges to Apply for Türk Telekom Building Entry or In-building F/O Cable Connections Within the Scope of Interconnection or Opening Local Loop for Sharing or Data Flow Access Services These Attachments shall be an integral part of the Reference Interconnection Proposal and the provisions given in the Attachments shall not be in conflict with the provisions of the Reference Interconnection Proposal. 29

31 In the event of any discrepancies between the provisions in the Reference Interconnection Proposal and the provisions in the Attachments, the provisions of the Reference Interconnection Proposal shall prevail. In all matters not given in the Reference Interconnection Proposal and its Attachments or when required, additional protocols and agreements to the Interconnection Agreement may also be drawn up by mutual agreement of the Parties. 2. PROVISIONS REGARDING SERVICES OFFERED 2.1. Interconnection Deformation and Scope of the Services Call Termination Termination on Türk Telekom Geographical Numbers It is the service of transporting the calls, that the Operator sends via the Interconnection Systems in order to be terminated on Türk Telekom's geographical numbers, to the Termination Point by Türk Telekom Access to Türk Telekom Private and Emergency Telecommunications Services It is the service of transporting the Calls, which the Operator sends via the Interconnection Systems for access to Türk Telekom's Private and Emergency Telecommunications Services, to the Termination Point by Türk Telekom. In this scope Türk Telekom's updated Private and Emergency Telecommunications Services which can also be accessed from the Operator s Network are published in Türk Telekom's official internet ( page Call Origination It is the service of transporting the Operator Calls using the Carrier Pre-Selection or Carrier Selection methods or the 10 digit number allocated to the Operator by the Institution to the Operator's Interconnection Systems. 30

32 National Transit It is the service of transporting, by Türk Telekom, of the Calls that the Operator shall send to another operator International Transit It is the service of transporting to operators abroad, by Türk Telekom, of the International Calls that the Operator shall send to other operators abroad Leased Circuit Service It is the service of the provision of the transmission environment that the Operator's Network shall need for the Interconnection under the conditions of the Interconnection Agreement, Türk Telekom's Leased Circuit tariffs and Türk Telekom Domestic Leased Circuit (Line) Service Level Undertaking The Interconnection of the Türk Telekom's Network and the Operator's Network shall be based on digital technology in conformance with the principles of the Türk Telekom Domestic Leased Circuit (Line) Service Level Undertaking and ITU standards Leased Circuits shall be provided at the speeds given in the Türk Telekom Leased Circuit tariff All service requests from the Operator Regarding Leased Circuits and the meeting of such requests by Türk Telekom are conducted as per the procedures and principles of the Türk Telekom Domestic Leased Circuit (Line) Service Level Undertaking. 31

33 Necessary Network and Transmission Elements Transmission Elements Türk Telekom, in the event so requested by the Operator, shall provide the Critical Circuits required for the transmission environment between the Operator Interconnection Point and Türk Telekom Interconnection Point. The necessary interface etc. equipment required for the connection between the systems owned by the Operator at Türk Telekom's facilities shall be provided by the Operator. No fees shall be charged to the Operator as installation or monthly lease fees for the internal connections at locations where Türk Telekom's high speed circuits are lowered to 2 Mb/s circuits in Türk Telekom exchanges or in other buildings where Türk Telekom's transmission equipment are located The Parties shall install and test, and make operational and maintain, bearing the related costs themselves, all equipment at the Interconnection point and in the Interconnection System on their respective sides Capacity Requests The following information specified below relating to the Capacity for new Interconnection Systems or the additional Capacity for existing Interconnection Systems shall be provided mutually under the Interconnection Agreement: a) Detailed information, including the software levels, of proposed Interconnection Systems, b) Details of the services the Parties shall need on the date of commissioning for service, c) Numbers which are serviced over the Networks or which can be accessed over the Networks, d) The Capacity profile giving the details of the Capacity requirements of the Parties for the first twelve (12) months of service, e) Traffic estimation (as described in 4.2.), 32

34 f) Traffic Directions proposed by stating the Numbering ranges, g) Details of the proposed Interconnection Systems and the Interconnection transmission route, h) Signaling and test requirements proposed within the time plan created in i) For routing the Emergency Calls, all related details, including the maps showing the operational border differences between the Operator's Network and Türk Telekom's Network (an agreement of opinion shall be reached between the Parties regarding all details and map scales) Bilgilendirme Information specified in article shall be conveyed mutually. The Parties shall hold planning meeting for this information exchange, the frequency of such meeting shall be determined between the Parties Numbering Numbering Application The Parties shall perform the necessary operations for the Numbering application and/or introduce other changes in conformance with the structure of the national and international exchanges The Parties shall reach an agreement of opinion on the necessary testing procedures and shall, at the shortest time, provide for each other the procedures in question on which they have reached an agreement Format for Number Sending The Parties shall relay to each other the telephone numbers in the national and international number format applicable at that time Informing The Parties shall inform each other of all code additions and other alterations to the Numbering in their networks which may affect Call routing at least three (3) months in advance, unless decided on the contrary or foreseen on the contrary by the regulations 33