eircom Service Level Agreement for Interconnect Paths

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eircom Service Level Agreement for Interconnect Paths Document Control Document name Document Owner Document Type eircom Service Level Agreement for Interconnect Paths eircom ltd. Microsoft Word Last updated 11 th November 200315 th December 2004 Version 2.74 Status Updated draft following comments from O&M meeting on 28 th October 2003Industry agreed 15/11/03, Comreg approved 18/12/03. Page 1 of 1511

This SLA is effective from [insert date of signature]1 st April 2004 and shall remain in effect until amended following agreement of the Parties to such amendment or following Determination by Comregthe National Regulator. The penalty regime will become effective from the 1 st July 2004. 1. This document sets out the service levels to which eircom commits with regard to the provision and maintenance of interconnect services. The services are at all times provided subject eircom's standard terms and conditions as set out in the Reference Interconnect Offer/Service Schedule 101, Annex C. 2. The Services include the provision of Interconnect Paths ordered pursuant to an Interconnect Agreement between eircom and the Operator ordering the services. 3. Based on the criteria set out in this SLA an order will be deemed Standard or Non Standard. 4. The services described in the SLA are also subject to an industry agreed Interconnect Operations & Maintenance Manual (O&M) which defines the detailed operational process associated with the provision of Interconnect Paths. The O&M manual is a representation of how the SLA parameters are supported in practice and must be read in conjunction with the SLA 5. The definition within Annex A of the Reference Interconnect Offer will apply unless explicitly implied herein. Page 2 of 1511

Contents Summary 1. Sales Process Points Definitions 2. Service Level Summary for Sales Process Points & Provision Parameters 3. Service Assurance Definitions 4. Service Level Summary for Service Assurance Parameters 5. SLA Penalties for Non-compliance 6. SLA Performance Measurement Criteria 7. Planned Maintenance 8. Reports Appendix 1 Definitions of Non Standard Orders Appendix 2 Guidelines for Payment of Penalty Credits Page 3 of 1511

1. Sales Process Points Definitions Submission of order The Operator emails the order to the designated eircom contact point Pre- Qualification Pre-Qualification ( PQ ): During the pre-qualification process, eircom assesses orders submitted by an Operator to ensure that: Sufficient information has been entered on the order form to enable the order to be processed The correct details, including switching, routing and address details, have been supplied That the order correctly reflects the Operators requirements Where clarification is required for any of the above, eircom will initiate bilateral discussions and these will take place to correct the order details before the order is placed. eircom will contact the designated Operator contact as detailed on the order form Pre-qualification should be completed no later than 5-Working Days following order submission by the Operator,subject to inter-operator correspondence, with every effort being made to keep this time-scale to a minimum. Order Acknowledgement Order Acknowledgement (OA): the formal acceptance of an order by eircom and acknowledgement to the Operator that the order has been received, is correctly filled in and is being processed. The SLA " clock " begins when the order is acknowledged by eircom Page 4 of 1511

Order Validation Order Validation (OV): Confirmation, that the order is Standard or Non Standard for the purposes of this SLA. For Standard Orders the Order Validation transaction will include: - Confirmation that order is Standard - Confirmation of DPL numbers - A unique Order Reference number - Delivery Due Date ( DDD ). For Non-Standard Orders the Order Validation transaction will include - Confirmation that order is Non-Standard - Confirmation of DPL number - A unique Reference number Order Forecast(OF) - Notification to the Operator of a delivery date of an order that is validated as non-standard. This will be provided within 15 Working Days from Order Acknowledgement (OA). This delivery date shall be taken as the delivery date for the purposes of SLA compliance calculations. Delivery Confirmation/Reconfirmation (DC/DRC): prior to the ready for test (RFT) date eircom shall confirm in writing to the Operator as to whether the delivery date will be met. In the event that the Delivery Confirmation advises that the delivery will not be met eircom must advise the Operator of the Revised Delivery Forecast(RDF) within 3 days of the original Due Delivery Date. Should the new delivery date be in excess of ten Working Days of the previous Due Delivery Date then the Delivery Confirmation process begins again. The Delivery Confirmation/Reconfirmation shall be considered a single process for penalty calculation purposes. Delivery Notification/Ready for Test ( RFT ): The Ready For Test notification is sent to the Operator nominated contact point on completion of the eircom provisioning process. An order is deemed to be completed on dispatch of a Ready For Test certificate. After receipt of the Ready for Test certificate the Operator has 10 Working Days in which to arrange an appointment with eircom for testing in order to prepare to accept delivery of the circuit. eircom requires 3 Working Days notice of appointment requests. If no appointment has been made within 10 Working Days then the circuit is automatically billed from the date of the dispatch of the Ready for test ( RFT ) notification Page 5 of 1511

Customer Delay: A Customer Delay is defined as any delay caused by circumstances arising when an Operators lack of readiness effects progress on provisioning or repair. In the event that the Operator delays installation of the service for any reason, this will constitute a Customer Delay, stopping the SLA clock as outlined in the Interconnect Operations & Maintenance Manual.. In the event that the Operator fails to ensure right of entry to eircom when an appointment has been made, or delays installation of the circuit for any reason, the Due Delivery Date will be extended by the number of Working Days delay incurred as a result. eircom will inform the Operator, via email, of the Customer Delay by close of business the following day. Should the delay last more than 5 Working Days, then the clock shall be restarted at a mutually agreed date, to reflect the requirement for eircom to reschedule its work for this delivery. The customer delay notification will be sent to the Operator contact point via e-mail. Standard/Non Standard Orders Standard Order: Orders received and validated as Standard Orders. Non Standard Order: Orders received and validated as Non Standard based on criteria as defined in Appendix 1 Working Day: 09:00 17:00 Monday to Friday excluding Public Holidays. Operator: Other Authorised Operator (OAO), with whom eircom has a signed Interconnect Agreement that has not been suspended or terminated. Page 6 of 1511

2. eircom Service Level Summary for Sales Process Points & Provision Parameters Interconnect Path, Standard Timeframes (ISH,CSH, ISI & Chanelised STM-1 I/X Access) Table 1. Product (PQ) (OA) (OV) (OF) CDTI (DC) (DDD ) (RDF) (DRC) New path on existing link provided over an existing transport link T-5 T T+5 T + 15 DDD-5 DDD-1 T + 20 DDD+3 RDF-1 Table 2. CSI Product (PQ) (OA) (OV) (OF) CDTI (DC) (DDD ) (RDF ) (DRC ) New path on an existing link using CSI T-5 T T+5 T + 15 DDD-5 DDD-1 T + 30 DDD+3 RDF-1 Note: - PQ = Pre Qualification of order - OA = T = Date the order has successfully completed the pre- qualification process - OF = Order Forecast - CDTI = Circuit designation and technical information - DC = Delivery Confirmation - DDD = RFT = Due Delivery Date (which equates to the Ready for Test date) - RDF = Revised Delivery Forecast - DRC = Delivery Re-Confirmation - The Delivery Due Date will be calculated from the dispatch of the OA NOT the receipt of the order - All days are Working Days. Page 7 of 1511

3. Service Assurance Definitions 3.1 Interconnect Path Faults: An interconnect Path fault is where the Interconnect Path does not operate to the technical parameters specified for interconnect paths as described in the Technical Manual. 3.2 Response Time The response time is measured from when the fault has been correctly logged and acknowledged, the preliminary testing and fault localisation has occurred and fault clearance has been instigated 3.3 Repair Hours of Coverage All repair activity is on a 24x7x365 basis. 4. Service Level Summary for Repair Parameters Table 3 SLA Attribute Maximum Response Time Annualised eircom network Service Availability per Interconnect Path Time Line T+ 60 minutes T = time fault is logged by eircom following receipt of fault report from the Operator - process outlined in Appendix 4 Interconnect O&M Manual 99.9% - Net of operator delays Page 8 of 1511

5. SLA Penalties for Non-Compliance 5.1 Process Points Process points which will attract a penalty are:- Order Validation Order Forecast Delivery Confirmation. Due Delivery Date The Delivery Confirmation/Reconfirmation (DC/DRC) shall be considered a single process for penalty calculation purposes. The penalty will be 200 per process point missed, subject to a maximum of 3 process points ( 600) 5.2 Maximum Response Time (MRT) Maximum response time will attract a penalty payment of 250 per failure. 5.31 Provision Penalties The following methodology shall be used to calculate eircom s penalty liability for the delivery of Interconnect Paths under this SLA. Where multiple paths are ordered on the same order, the penalty in relation to both process points and Due Delivery Date, will be limited to 5 paths or 50% of the paths ordered whichever is the greater. Service Provisioning Penalty Mechanism for a standard Delivery Table 4 Penalty STANDARD DELIVERIES Value equivalent to the Connection Fee 100% Daily Rental Penalty per day OA DDD Time A Note: DDD = Due Delivery Date If the Due Delivery Date is missed, the connection fee associated with the Interconnect Path shall be repaid on a linear basis over a period of "A" days. After the connection fee has been repaid, a penalty equivalent to x% of the payable rental per day is charged, where x is 100%. Page 9 of 1511

Delivery Penalty - " A " Days Summary Table 5. Service Days to be added to the due date to derive the A All Interconnect PathsPaths provided on Transport Links CSI y 18 Working Ddays 22 Working Days Delivery For non-standard deliveries the same regime shall apply, with the exception that an additional grace period of x 10 Working Days shall be inserted after the agreed delivery date and the point from when penalties are calculated. An example is shown below: Service Provisioning Penalty Mechanism for a non-standard delivery Table 6 Penalty NON-STANDARD DELIVERIES Value equivalent to the Connection Fee 100% Daily Rental Penalty per day OR D DD x 10 Day Grace A Time Service Availability Penalties Product ISI CSI Page 10 of 1511 Table 7 Penalty Applicable 50% of one month rental shall apply for each failure to achieve a minimum level of service availability in a particular quarter 50% of one month rental shall apply for each failure to

achieve a minimum level of service availability in a particular quarter Page 11 of 1511

6 SLA Performance Measurement Criteria 6.1 Measuring Service Availability Service availability will be measured on a 7x24x365 basis annually using the formula 8766 - (out of service time) 8766 The Measurement Period for service availability is the previous year (4 quarters), rolling Out of service time will include response time. Out of service time relates only to the eircom network Parked time due to customer delay will be excluded from out of service time Parked time due to re-routing of circuits to temporarily restore service will be excluded from out of service time Out of service time also excludes any delays by the Operator in providing access to the Operator premises to eircom field staff or time spent by Operators in supplying such information requested by eircom as being necessary for fault diagnostics and resolution. Circumstances outside the control of eircom and /or delay resulting from Operator related issues which impede the ability of eircom to begin or continue with repair of a fault will result in the fault ticket being parked for the affected period. This parked time will be removed from the out of service time used in calculating service availability. 6.2 Service availability reporting The reporting frequency for service availability is quarterly 7. Planned Maintenance Parameter Planned Maintenance ( not related to network integrity issues ) Time Line 10 Working Days Page 12 of 1511

8. Reports eircom will publish generic delivery performance figures on a quarterly basis to the respective Operator s and also on a composite basis for the industry. These reports to be available one month after the quarter end. The reports will be published on the eircom website www.eircom.ie/wholesale Page 13 of 1511

Appendix 1 Definitions of Non Standard Orders Interconnect Orders may be deemed to be Non Standard are where the orders are outside forecast or an impediment exists on eircom to deliver the ordered paths. The circumstances where an impediment exists are set out below; Paragraphs (a) (g) set out the exceptional circumstances applicable for the purpose of the implementation of Service Level Agreements. eircom will inform and obtain the prior agreement of Comreg in the event that it wishes to amend this list. (a) Where the installation site and/or facilities are not available to eircom for survey and/or installation purposes at the date and time requested by eircom and no other acceptable date and time can be agreed. (b) Should an Operator request an Interconnect Path to be delivered on a date after the calculated Delivery Due Date then this date shall become the Due Delivery Date for the purposes of SLA compliance calculations.where the customer specifies a date before which service will not be accepted or an exact date on which Interconnect Paths must be delivered. (c) Where it is mutually agreed between eircom and the Operator to construct infrastructure beyond the immediate requirements of the ordered service in order to facilitate future deliveries. (d) Where a non-standard implementation is requested e.g. a particular network configuration. (e) Where the Operator fails to fulfil all the requirements placed on it as stated in the RIO, Technical Manaual or O&M Manual, this includes the provision of accomodation, access & power for the installation of terminating equipment. (f) Where unforeseen or unplanned major network re-arrangements are underway on behalf of an Operator such as circuit moves to new nodes circuit moves to new points of interconnect orders with special requirements (e.g. diversity ) (g) Force majeure After an order is acknowledged, any requests for modifications to the order which materially affect the delivery of the order may only be effected by cancelling the original order and submitting a revised order. In this case eircom s standard terms relating to cancellation of orders will apply. In the event that non-material changes to the order are requested by the Operator then eircom will notify the Operator of any required changes to the Ready for Service date. Page 14 of 1511

Appendix 2 Guidelines for Payment of Penalty Credits 1. eircom shall provide individual Operators with penalty statements on a quarterly monthly basis in arrears with the statement being reconciled between the parties during the next quarter with payment made in the next billing cycle. 2. In the event that the Operator is of the opinion that a penalty liability has been incorrectly calculated then a claim must be submitted in writing to: The Penalty Manager eircom Wholesale. eircom St. Stephen s Green West Dublin 2. 3. In the event of a query any supporting documentation must be supplied within ten Working Days of a request by eircom. 4. Any adjustment will be remitted by way of credit against the account associated with the claim. Note: A detailed process covering the publication of penalty statements and the management of payments is included within the Interconnect O&M Manual, Section 8.6. Page 15 of 1511