ANNEX C

SCHEDULE 07

Reciprocal Non-Geographic Number Portability

1.	Definitions

1.1	In this Schedule, a reference to a paragraph or Appendix unless stated otherwise is to a paragraph or Appendix of this Schedule. Words and expressions have the meaning given in Annex D, except as shown below:

 “Non-Geographic Number Portability” 
or “NGNP”	a service whereby an NGCS Service Provider or 03 UK-wide Number Customer receiving service from the Range Holder, may opt for the service Number previously made available to it by the Range Holder, to be made available to it by the Recipient for an equivalent category of service as specified in Appendix 07.2;

“NGCS Service”	a service provided by either Party whereby a Calling Party dialling a Number commencing with the digits 08 or 09 followed by an NGCS Service Provider’s Number sets up a Call to such NGCS Service Provider.
“NGCS Service Provider”	a person providing service who has contracted with one of the Parties for delivery of Calls to such service on a Number commencing with the digits 08 or 09; the expression includes such Party for such telephony numbers as are available to call the Party itself in respect of certain services offered by such Party; (including for the avoidance of doubt a BT Service Provider, a BT PRS Service Provider, an Operator Service Provider and an Operator PRS Service Provider);

“Number”	a telephone number in accordance with the National Telephone Numbering Plan used by a Calling Party to call a Called Party;

 “Ported NGNP Call”	a Call made by a Calling Party which, pursuant to Non-Geographic Number Portability in accordance with this Schedule, is prefixed by the Range Holder with a 5xxxxx prefix before being handed over from the Range Holder to the Recipient for delivery to the called service or Number;

“Range Holder”	the Party to whom the NGCS Service or 03 Number Range is currently allocated by OFCOM and from whose System the NGCS Service or 03 Number is being ported;

“Range Holder System”	the System from which the NGCS Service or 03Number is being ported;

“Recipient”	the Party to whose System the NGCS Service or 03 Number is being ported;

“Recipient System”	the System to which the NGCS Service or 03 Number is being ported;

“Subsequent Portability”	an arrangement to transfer an NGCS Service or 03 Number between either of the Parties and a Third Party Operator (who has an agreement with the other Party for the provision of non-geographic number portability).

2.	Description of Service

2.1	Subject to the provisions of this Schedule, the Parties shall co-operate to operate Non-Geographic Number Portability between their respective Systems, in accordance with Appendix 07.1, for the NGCS service categories and the NGCS Service Numbers and 03 UK-wide Numbers specified at Appendix 07.2.

2.2	In respect of the conveyance of CLI for display to Customers in relation to Ported NGNP Calls:

2.2.1	each Party shall inform the other in writing at the time of signature to this Schedule, whether that Party’s CLI indicator across the Point of Connection is conveyed without alteration or altered in accordance with the CLI Guidelines to show only “Withheld” or “Unavailable”;

2.2.2	if conveyed without alteration at date of such signature, each Party shall give the other not less than three months’ notice in writing of a change to the status of the default setting of that Party’s CLI indicator to “Withheld” or “Unavailable”;

2.2.3	if altered in accordance with the CLI Guidelines to show only “Withheld” or “Unavailable” at the time of such signature, each Party shall inform the other as soon as reasonably practicable in writing of any change to the status of the default setting of that Party’s CLI indicator to provide for conveyance without alteration.

2.3	Except as provided in paragraph 3, or as otherwise agreed in writing by the Parties, if an NGCS Service Provider or 03 Number Customer who has ported its service Number from the Range Holder System to the Recipient System, subsequently ceases service with the Recipient System, the ported Number shall revert to the Range Holder for use in the Range Holder System.

2.4	The Parties agree that the Calls handed over from each other to NGCS Service  or 03 Numbers ported between them, shall be conveyed in accordance with Schedule 167 or 367, as appropriate.

2.5	Each Party shall correct faults which occur in its System which affect the conveyance of Calls to ported NGCS Service or 03 Numbers in accordance with such Party’s normal engineering practices. For the avoidance of doubt, neither Party warrants that its System is, or will be, free from faults.

2.6	The Parties agree, for the purposes of the provision of Non-Geographic Number Portability (including ported number order handling), to operate in general accordance with the Non-Geographic Number Portability End-to-End Process Manual (“Process Manual”) as such may be agreed by the Operator Policy Forum Non-Geographic Number Portability Process Group from time to time, as if such document were a Manual under the provisions of this Agreement.

2.7	If

2.7.1	a failure to port shall occur, and

2.7.2	the Recipient as agent for the porting Customer shall request the provision of emergency restoration to a porting Customer,

	the Recipient shall indemnify the Range Holder, for Call charges and rental if appropriate incurred by the Customer to the Range Holder, in accordance with the Range Holder’s standard conditions for provision of service to such Customer, provided always that the Recipient shall have no liability to the Range Holder if the failure to port shall have occurred because of an act or omission by the Range Holder.

2.8	If any such charges to a Customer are outstanding 30 days after the due date, being charges in respect of the period during which emergency restoration shall have been provided by the Range Holder, the Range Holder shall invoice the Recipient under this Agreement.

2.9	For the avoidance of doubt, the provisions of paragraphs 2.7 and 2.8 also apply to the emergency restoration process on “Return to Range Holder” and paragraphs 2.7 and 2.8 shall be construed accordingly.

2.10	Each Party shall take all reasonable steps to ensure that a person applying to be its Service Provider pursuant to NGNP is adequately vetted prior to being accepted to minimise the risk of PRS Fraud and the Artificial Inflation of Traffic and to ensure compliance with the requirements of PhonepayPlus. Each Party shall take all reasonable steps to ensure that such person applying to be its Service Provider will offer such service in good faith.

2.11	Each Party shall take all reasonable endeavours to agree adequate safeguards to prevent and detect PRS Fraud and the Artificial Inflation of Traffic in connection with Calls made pursuant to this Schedule. Where appropriate the Parties shall co-operate with Third Party Operators to prevent and detect PRS Fraud and the Artificial Inflation of Traffic.

2.12	For the avoidance of doubt, for the purposes of this Schedule Calls to the 0500 Free Phone number range shall also count as Calls to an NGCS Service.

3.	Subsequent Portability

3.1	For Subsequent Portability the Parties shall co-operate to facilitate such transfer in general accordance with the provisions of the Process Manual, including without exception, the process for ordering/cancelling service and the provision of emergency restoration activity, where appropriate.

3.2	If one of the Parties becomes Recipient as a result of Subsequent Portability:

3.2.1	the Parties shall co-operate to facilitate such transfer of service in accordance with the general provisions of the Process Manual; and

3.2.2	the Recipient shall:
	(i) ensure the provision of the appropriate ordering and cancellation documentation in accordance with the Process Manual;
	(ii) co-ordinate the timing of the porting activity by such Third Party Operator and the other Party as Range Holder; 
	(iii) assume responsibility for the initiation and co-ordination of any necessary emergency restoration activity by the other Party as Range Holder and such Third Party Operator; and
	(iv) subject to paragraph 23 of the main body of this Agreement, indemnify the other Party and keep it indemnified from all claims relating to loss of service pursuant to such Subsequent Portability, other than any loss as a consequence of any failure of the Range Holder to port or undertake emergency restoration in accordance with the provisions of the Process Manual.

4.	Charging

4.1	The Parties shall pay specific Non-Geographic Number Portability and Subsequent Portability charges in accordance with the rates as specified from time to time in the Carrier Price List and/or the Openreach Price List.

4.2	For the conveyance of a Call to a NGCS Service or 03 Number handed over by either Party to the other as the Range Holder, if that service Number has been ported by the Range Holder to the Recipient, the charges for such a Call shall be ascertained and paid for as if such Call were an equivalent service Call between the Parties for delivery to an NGCS Service Provider or 03 Customer on the Range Holder System under this Agreement.

4.3	For the avoidance of doubt the charge for a Ported NGCS Service Call handed over by the Range Holder to the Recipient shall be in accordance with Schedule 167 or 367 as appropriate.

4.4	If at the time of a porting request in respect of an NGCS Service or an 03 Number by the Recipient to the Range Holder, the Recipient does not have an appropriate interconnect rate agreed with the Range Holder for the such service which the Range Holder provides on the number range from which the number is to be ported pursuant to this Schedule, the Parties shall co-operate to agree an appropriate rate for such service and as soon as reasonably practicable after such agreement on such rate to proceed to implement such porting.

4.5	If there is a porting request in respect of a service on an unmetered NGCS Service Number Range, the Parties shall negotiate to agree reasonable appropriate commercial arrangements before proceeding to implement such porting.

APPENDIX 07.1

TECHNICAL PRINCIPLES
1	Service Requirements
1.1	Calling Line Identification

	Where NGCS Service or 03 Numbers have been ported from the Range Holder System to the Recipient System, the correct CLI shall be conveyed for administration purposes to the extent that the Range Holder has such a capability.
1.2	Operator Services

	The correct generation and exchange of CLI for operator services use shall not be inhibited by Non-Geographic Number Portability provision in either System.

	The operator assistance services and directory enquiry services of the Recipient and the Range Holder must be able to identify that a telephone Number has been ported.

1.3       Number Changes for NGCS Services
	
	If a Range Holder proposes the withdrawal, or increase in the number length, of the NGCS Service Number Ranges specified in Appendix 07.2, numbers from which range have been ported to the Recipient, the Range Holder shall provide not less than six months’ advance notice in writing of the implementation of such change. In such event, the Recipient shall withdraw any such ported Numbers and substitute them with an appropriate alternative NGCS Service Provider Number in accordance with a plan to be agreed by the Parties.

1.4	Emergency Restoration of Customer Service

	Either Party shall implement emergency restoration of service to a porting Customer in accordance with the Process Manual.

1.5	Ready for Service

	The Parties shall co-operate to achieve joint signature of both of the Databuild and Test and the Operational Readiness Testing Certificates within 55 Working Days of the commencement of the Databuild and Test Stage in accordance with the Process Manual. Both certificates are required as pre-requisites to launch.
2.	Routing Prefix Arrangements 
2.1	Requirements
2.1.1	Calls shall be addressed to a Switch Connection in the Recipient System by means of a routing prefix inserted by the Range Holder System on recognition that the Number has been ported.
2.1.2	The prefixes for each Party shall be allocated by OFCOM. The Recipient System will notify the Range Holder System of its assigned prefix during the planning stage of the service establishment process.
2.1.3	If prefix changes are required to permit altered routings, the requesting Party shall pay the altering Party’s reasonable charges for Data Management Amendments; for the avoidance of doubt this shall not prejudice any right of either Party to refer such charges to OFCOM under this Agreement.
2.2	Prefix Structure 
	The Non-Geographic Number Portability prefix has a fixed length of six digits with the first three digits being 504 or 505 to indicate the "Non-Geographic Number Portability" function.
2.3	Number Flow.
	Number flows for re-routing of Calls shall conform with the following format:
			
		5XXXXX 0SAB CDEFGH(J)

	where 5XXXXX is the prefix and  the non-geographic service definition 	code for 	NGCS 	Service Calls is OSAB and for 03 service is OS..
3.	Traffic Routing
3.1	Ported NGNP Calls originating in the Range Holder System or from other systems and handed over by the Range Holder to the Recipient System, shall be handed over to a Switch Connection in the Recipient System over one or more existing Points of Connection referred to in Annex A.  
3.2	The re-routed Call shall be addressed to the Recipient System using the prefix code referred to in paragraph 2.2.
3.3	To prevent call loops between Systems, any Call with a Non-Geographic Number Portability prefix prefixed by the Range Holder and handed over at a Recipient Switch Connection shall be either correctly terminated or failed. No attempt shall be made to hand over a ported Call back to the Range Holder System.

3.4	It is agreed that such Ported NGNP Calls may be handed over at an Operator Switch Connection or BT Switch Connection located at a BT DMSU, as the case may be, other than the Switch Connection as near as reasonably practicable to the geographic location from which the Call was originally made, subject to reaching agreement on the routing plan for Ported NGNP Calls to be delivered from the Operator to BT and vice versa.
4.	Traffic Forecast 
4.1	Non-Geographic Number Portability Traffic Forecasts shall be separately identified in the Traffic Forecasts supplied in accordance with Annex A.
5.	Network Testing Of Non-Geographic Number Portability
5.1	Generic switch testing of Non-Geographic Number Portability is specified within the "Non-Geographic Number Portability Interconnect Testing Specification".
5.2	A testing programme with allocation of appropriate resources shall be agreed in writing by the Parties. 
6.	Number Information

6.1	If the Operator has an agreement with BT providing for entries on BT’s Operator Services Information System database, and a BT NGCS Service or 03 Number is ported to the Operator System, the Parties shall follow the processes and, where appropriate pay the charges, in accordance with that agreement.

APPENDIX 07.2

Ported NGNP Calls

1.	Non-Geographic Number Portability pursuant to this Schedule shall apply to the following NGCS Service categories and NGCS Service codes allocated to BT and the Operator:

CATEGORY	BT RANGE HOLDER NUMBER RANGES	OPERATOR RANGE HOLDER NUMBER RANGES	
080 Free Phone Calls	0800, 0808	0500, 0800, 0808	
0845  NGCS Calls	0845	0845 	
084 (other than 0845) NGCS Calls	084 (other than 0845)	084 (other than 0845)	
0870 NGCS Calls 	0870	0870 	
087 (other than 0870) NGCS Calls	087 (other than 0870)	087 (other than 0870)	
09 Calls	090, 091, 098	090, 091, 098	

2.	Non-Geographic Number Portability pursuant to this Schedule shall apply to the following 03 UK-wide Number Number Ranges allocated to BT and the Operator:

CATEGORY	BT RANGE HOLDER NUMBER RANGES	OPERATOR RANGE HOLDER NUMBER RANGES	
03 UK-wide Number Call	03	03	

[Note to BT drafters – need to customise table:
Delete inappropriate categories (i.e. any of the service categories for which BT does not have access to Operator service providers) or Numbers under the Agreement]