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Satellite WBA Product Catalogue 1 February 2015 This document forms part of NBN Co’s Satellite Wholesale Broadband Agreement which is a Standard Form of Access Agreement for the purposes of Part XIC of the Competition and Consumer Act 2010.

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Page 1: Satellite WBA Product Catalogue...2015/02/01  · SFAA - Satellite WBA Product Catalogue - Product Description - Interim Satellite Service release 4.1 - 12 June 2014 8 1.4 Exclusions

Satellite WBA Product Catalogue 1 February 2015

This document forms part of NBN Co’s Satellite Wholesale Broadband Agreement which is a Standard Form of Access Agreement for the purposes of Part XIC of the Competition and Consumer Act 2010.

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SFAA - Satellite WBA Product Catalogue 1

NBN Co Limited

Satellite WBA Product Catalogue

1 February 2015

Copyright

This document is subject to copyright and must not be used except as permitted below or under the Copyright Act 1968 (Cth). You must not reproduce or publish this document in whole or in part for commercial gain without the prior written consent of NBN Co. You may reproduce and publish this document in whole or in part for educational or non-commercial purposes as approved by NBN Co in writing.

Copyright © 2014 NBN Co Limited. All rights reserved. Not for general distribution.

Environment

NBN Co asks that you consider the environment before printing this document.

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Contents

Satellite WBA Product Catalogue 1 1 Introduction ................................................................................................................................ 3

Product Description – Interim Satellite Service 5

1 Interim Satellite Service .............................................................................................................. 6

2 Product Features ....................................................................................................................... 10

3 Product-specific ordering terms ............................................................................................... 14

4 Business Rules ........................................................................................................................... 16

5 Product-specific supply terms ................................................................................................... 20

6 Service assurance package ........................................................................................................ 23

7 Charges...................................................................................................................................... 24

8 Defined terms and interpretation ............................................................................................. 24

Annexure 1 End User Eligibility Criteria 28

Annexure 2 POI 36

Satellite Service Levels Schedule 37

1 Introduction to the Satellite Service Levels Schedule ............................................................... 38

2 Access Component connections ............................................................................................... 40

3 AVC modification ...................................................................................................................... 43

4 CVC modification ....................................................................................................................... 44

5 NBN Co Satellite Network availability ....................................................................................... 46

6 Network Fault rectification ....................................................................................................... 47

7 Dictionary .................................................................................................................................. 52

Annexure 1 Zones 56

Satellite Price List 58

1 Introduction .............................................................................................................................. 59

2 Recurring Charges for the ISS .................................................................................................... 60

3 Ancillary Charges ....................................................................................................................... 63

4 Travel Charges relating to Ancillary Charges ............................................................................ 70

5 Other Discounts, Credits and Rebates ...................................................................................... 71

6 Interpretation............................................................................................................................ 72

Annexure 1 Standard and Non Standard Installation 73

1 Standard Installation ................................................................................................................. 73

2 Non Standard Installation ......................................................................................................... 74

3 Safety standards and procedures acknowledgement .............................................................. 74

4 Dictionary .................................................................................................................................. 74

Annexure 2 Current Field Staff Depots 76

Annexure 3 77

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Product Technical Specification – Interim Satellite Service 78

NBN Co Satellite Operations Manual 80

1 Introduction

1.1 Contents

This is the Satellite WBA Product Catalogue for the purposes of this Satellite Wholesale Broadband Agreement and sets out:

(a) the Product Description - Interim Satellite Service (ISS);

(b) the Satellite Service Levels Schedule;

(c) the Satellite Price List;

(d) the Product Technical Specification - Interim Satellite Service; and

(e) the NBN Co Satellite Operations Manual.

1.2 Inconsistency

This Satellite WBA Product Catalogue comprises a number of different documents. If there is any inconsistency between any of these different documents, then that inconsistency will be resolved by giving precedence to documents in the following order:

(a) the Product Description - Interim Satellite Service;

(b) the Product Technical Specification - Interim Satellite Service;

(c) the Satellite Price List;

(d) the Satellite Service Levels Schedule; and

(e) the NBN Co Satellite Operations Manual.

1.3 Acknowledgement

The ISS is supplied by NBN Co to Customer with the assistance of the Managed Service Provider. Customer acknowledges that the networks, systems, equipment and facilities that are used by NBN Co to supply the ISS to Customer (including the platforms used for activation and assurance) are provided by the Managed Service Provider.

1.4 Changes

(a) NBN Co may make changes to this Satellite WBA Product Catalogue, or any of the documents comprising this Satellite WBA Product Catalogue, in

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accordance with clause F4 of the Satellite Wholesale Broadband Agreement Modules.

(b) This Satellite WBA Product Catalogue applies in respect of Products that are currently made available by NBN Co to Customer under the Satellite Wholesale Broadband Agreement.

(c) If NBN Co makes a new Product available to Customer, NBN Co will:

i introduce a new Product Description or Service Description (as applicable) into this Satellite WBA Product Catalogue;

ii if necessary, introduce a new Product Technical Specification into this Satellite WBA Product Catalogue; and

iii if necessary, vary the Satellite Price List, the Satellite Service Levels Schedule and the NBN Co Satellite Operations Manual to accommodate that new Product.

(d) If NBN Co varies or enhances an existing Product that is already available to Customer, NBN Co will, if necessary:

i vary the relevant existing Product Description or Service Description (as applicable);

ii vary the relevant existing Product Technical Specification (if applicable); and

iii vary the Satellite Price List, the Satellite Service Levels Schedule and the NBN Co Satellite Operations Manual (as applicable) to accommodate that variation to or enhancement of that existing Product.

(e) NBN Co may also need to vary other parts of the Satellite Wholesale Broadband Agreement to accommodate the introduction of a new Product or the variation or enhancement of an existing Product.

1.5 References to clause, section, etc

A reference to a clause, section, schedule, attachment or annexure in any document comprising this Satellite WBA Product Catalogue is a reference to a clause, section, schedule, attachment or annexure of that document, unless provided otherwise.

In this Satellite WBA Product Catalogue, the term Satellite Wholesale Broadband Agreement Modules is a reference to the modules of the Satellite Wholesale Broadband Agreement.

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5

Product Description – Interim Satellite Service RELEASE 4.1

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1 Interim Satellite Service

1.1 What is the Interim Satellite Service?

(a) The Interim Satellite Service (the ISS) is an IP-based, Layer 3 virtual connection on the NBN Co Satellite Network that carries traffic between:

i a User Network Interface (UNI) on the Network Termination Device (NTD) located at or near a Premises; and

ii the Network-Network Interface (NNI) at the Point of Interconnection (POI) associated with the single Connectivity Serving Area for the NBN Co Satellite Network (CSA) that serves the Premises,

for the purposes of enabling Customer or a Downstream Customer to supply a Carriage Service or Content Service.

(b) The ISS is supplied by NBN Co to Customer on a limited basis (as specified in section 1.3) prior to the release of NBN Co’s long term satellite service.

(c) The ISS is comprised of the following four Product Components:

i a User Network Interface or UNI, being a physical port on the NTD at a Premises;

ii an Access Virtual Circuit or AVC, being IP-based, Layer 3 virtual connection on the NBN Co Satellite Network that carries Customer traffic to and from a UNI on an NTD;

iii a Connectivity Virtual Circuit or CVC, being virtual capacity on the NBN Co Satellite Network for the transport of Customer traffic from multiple access virtual circuits on an aggregated basis and presented at the NNI at the POI; and

iv a Network to Network Interface or NNI, being a physical interface at the POI for interconnection of the NBN Co Satellite Network and the Customer Network,

each with the Product Features made available by NBN Co, and selected by Customer, in respect of that Product Component.

(d) The NTD comprises the following components:

i a satellite antenna installed at the Premises;

ii outdoor unit(s), being the electronic equipment installed on the satellite antenna;

iii a modem, being the electronic equipment installed internally within the Premises; and

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iv connectivity between the outdoor unit and the modem at the Premises.

(e) NBN Co supplies the Product in respect of a Premises through the Product Components of the ISS. Accordingly, for Customer to acquire the ISS in respect of a Premises, Customer must acquire each of the Product Components of the ISS in respect of that Premises.

(f) The Product Components of the ISS are more particularly described in the Product Technical Specification - Interim Satellite Service.

(g) The Product Features of each Product Component of the ISS are described in section 2 and are more particularly described in the Product Technical Specification - Interim Satellite Service.

(h) The boundaries of the ISS are:

i the End User side of the UNI on the NTD located at the Premises to which the ISS is supplied; and

ii the Customer side of the NNI at the POI that serves the Premises.

(i) The NNI at the POI that serves the relevant Premises is the point at which Customer may connect its backhaul to interconnect the Customer Network with the NBN Co Satellite Network. Customer is required to connect to the NNI at NBN Co’s appearance on the NBN Co Distribution Frame associated with that NNI.

1.2 Points of Interconnection

The parties agree that:

(a) there is a single CSA for the ISS and every Premises in respect of which NBN Co supplies the ISS is located within that CSA;

(b) the CSA is associated with one POI; and

(c) connectivity to the POI is available at the locations specified in Annexure 2 of this Product Description.

1.3 Availability of the ISS

(a) Customer agrees that NBN Co has limited capacity to connect, activate and supply the ISS, as specified in clause A1.1(c) of the Satellite Wholesale Broadband Agreement Modules.

(b) Customer agrees that the supply of the ISS by NBN Co to Customer is subject to, among other things, the availability of the various Product Components of the ISS to NBN Co at the time at which Customer places an order for those Product Components of the ISS.

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1.4 Exclusions

(a) Customer agrees that the ISS is one element of the overall network supply chain that is required by Customer to provide an end-to-end Carriage Service or Content Service to its Downstream Customers.

(b) Customer is responsible for providing to itself or acquiring from third parties all other elements of the overall network supply chain other than the ISS to provide an end-to-end Carriage Service or Content Service to its Downstream Customers.

(c) The diagram set out below depicts the ISS as part of the larger network supply chain that is required by Customer to provide an end-to-end Carriage Service or Content Service to its Downstream Customers:

Figure 1: The ISS in the context of the larger network supply chain that is required by Customer to provide an end-to-end Carriage Service or Content Service to its Downstream Customers.

(d) Customer agrees that the ISS does not include:

i facilities access at the location of the relevant POI;

ii any backhaul transmission, cross connects or cabling from the Customer-side of NBN Co’s appearance on the NBN Co Distribution Frame at which Customer connects the Customer Network to the NNI at the relevant POI (as described in section 1.1(i));

iii any battery backup capability on the NTD;

iv any content or applications, including telephony soft switching infrastructure, IP backhaul to and from the POI, Internet gateway connection associated with the supply of the ISS;

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v any residential gateways, business routers or any other End User equipment, such as personal computers;

vi guaranteed satellite bandwidth;

vii access to Layer 1 satellite capacity;

viii a domain name server service or registration functions;

ix email service;

x voice telephony, including IP telephony (other than the ability to trigger a TC-1 session using SIP-based telephony services);

xi an online usage meter;

xii delivery of any products or services beyond the network boundary of the ISS;

xiii support for software not supplied by NBN Co to Customer, including any software downloaded from the Internet;

xiv encryption or security of the signals passed between an End User and Customer or a Downstream Customer, between a Downstream Customer and Customer, or between Customer and NBN Co;

xv availability of the Internet;

xvi Ethernet cable between the UNI and any CPE or End User device; and

xvii any other End User equipment and home wiring, such as network attached storage solutions.

1.5 Use of ISS

(a) Subject to the remainder of this section 1.5, Customer may:

i use the ISS as an input to the supply of Customer Products; and

ii permit a Downstream Customer to use a Customer Product (that relies on the ISS as an input) as an input to the supply of Downstream Products,

that are SIP-based voice telephony services.

(b) Customer agrees that the ISS has not been designed to be used as an input into the supply of Customer Products or Downstream Products that are Priority Assistance Services or Standard Telephone Services that are subject to the CSG Standard.

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(c) Customer must not:

i use the ISS as an input into the supply of Customer Products; or

ii permit a Downstream Customer to use a Customer Product (that relies on the ISS as an input) as an input into the supply of Downstream Products,

that are Priority Assistance Services or Standard Telephone Services that are subject to the CSG Standard.

(d) If Customer:

i uses the ISS as an input to the supply of a Customer Product; or

ii permits a Downstream Customer to use a Customer Product (that relies on the ISS as an input) as an input into the supply of a Downstream Product,

that is a Priority Assistance Service or a Standard Telephone Service that is subject to the CSG Standard, Customer will be in breach of the Satellite Wholesale Broadband Agreement and NBN Co excludes liability in respect of such supply in accordance with the terms of the Satellite Wholesale Broadband Agreement.

1.6 Access may not be continuous or free of any faults

Customer agrees that access to and use of the ISS will not be continuous or free of Faults. Customer also agrees that access to and use of the ISS may be subject to Outages and / or be interrupted by NBN Co or the Managed Service Provider in accordance with the Satellite Wholesale Broadband Agreement so as to rectify Faults or perform NBN Maintenance, or for any other reason specified in the Satellite Wholesale Broadband Agreement.

2 Product Features

2.1 UNI

(a) NBN Co will make available one UNI on each NTD in connection with the supply of the ISS.

(b) NBN Co will supply access to and use of the UNI to Customer, except where:

i that supply may prevent an Other NBN Co Customer that already has access to the ISS at that Premises from obtaining a sufficient amount of the ISS to be able to meet the Other NBN Co Customer’s reasonably anticipated requirements, measured at the time when the request was made;

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ii that supply may prevent NBN Co from obtaining a sufficient amount of the ISS to be able to meet NBN Co’s reasonably anticipated requirements, measured at the time when the request was made;

iii that supply may prevent a person from obtaining, by the exercise of a pre-request right (as defined in Part XIC of the Competition and Consumer Act), a sufficient level of access to the ISS to be able to meet the person’s actual requirements; and

iv the UNI is not available in accordance with the availability rules (if any) set out in the NBN Co Satellite Operations Manual.

(c) NBN Co may, but reserves the right not to, install multiple NTDs in respect of the same Premises.

(d) NBN Co will ensure that the UNI that is made accessible as part of the ISS will have electrical interfaces. NBN Co will not make an optical UNI available as part of the ISS.

(e) The Product Technical Specification - Interim Satellite Service provides further information regarding UNIs and NTDs.

2.2 AVC

(a) NBN Co will make the AVC available in the Traffic Class 4 downstream and upstream bandwidth combination specified in Table 1 (AVC TC-4 Bandwidth Profile) in accordance with the provisions relating to AVC TC-4 Bandwidth Profiles contained in the Product Technical Specification - Interim Satellite Service:

AVC TC-4 downstream Mbps (PIR)*

AVC TC-4 upstream Mbps (PIR)*

6 1 Table 1: Supported AVC TC-4 Bandwidth Profiles for the ISS. Note that Traffic Class 4 bandwidths are quoted on the basis of Peak Information Rate (PIR), being the maximum data throughput that may be delivered by the service. * To be read subject to section 8.3.

(b) In respect of the AVC TC-4 Bandwidth Profile set out in Table 1, NBN Co will map the AVC to the UNI on the NTD at the relevant Premises. NBN Co will not support the mapping of more than one AVC-TC4 to the UNI on the NTD at the relevant Premises.

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(c) In addition to the AVC TC-4 Bandwidth Profile, NBN Co will make the AVC available in the Traffic Class 1 downstream and upstream bandwidth combination specified in Table 2 (AVC TC-1 Bandwidth Profile) in accordance with the provisions relating to AVC TC-1 Bandwidth Profiles contained in the Product Technical Specification - Interim Satellite Service:

AVC TC-1 downstream Kbps (CIR)* AVC TC-1 upstream Kbps (CIR)*

60 60 Table 2: Supported AVC TC-1 Bandwidth Profile for the ISS. Note that Traffic Class 1 bandwidth is quoted on the basis of committed information rate (CIR), being (for the purposes of Table 2) a level of data throughput for which service frames are delivered according to the performance objectives of the respective Traffic Class, as specified in the Product Technical Specification - Interim Satellite Service. * To be read subject to section 8.3.

(d) Customer agrees that the AVC TC-1 Bandwidth Profile specified above will only support SIP-based telephony services.

(e) Only one AVC TC-1 will be available per NTD.

(f) Customer must ensure their SIP-based telephony services will operate within the limits of the AVC TC-1 Bandwidth Profile (specified above).

(g) The Product Technical Specification - Interim Satellite Service provides further information regarding AVC TC-4 Bandwidth Profiles and AVC TC-1 Bandwidth Profiles.

2.3 CVC

(a) NBN Co will make the CVC available in:

i the Traffic Class 1 bandwidths set out in Table 3;

ii the Traffic Class 4 bandwidths set out in Table 4; and

iii any combination of Traffic Class 1 and Traffic Class 4 bandwidths set out in Tables 3 and 4,

(each, a CVC Bandwidth Profile) in accordance with the provisions relating to CVC Bandwidth Profiles contained in the Product Technical Specification - Interim Satellite Service:

CVC TC-1 symmetrical Mbps (CIR)* 5 10 20 50 100

Table 3: CVC Bandwidth Profiles for the ISS in Traffic Class 1. Note that bandwidths in Table 3

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are quoted on the basis of CIR, being (for the purposes of Table 3) the information transfer rate which the NBN Co Satellite Network is committed to transfer for a particular link under normal conditions. * To be read subject to section 8.3.

CVC TC-4 Download Mbps (CIR)* 20 50 100 150 200 250 300

Table 4: CVC Bandwidth Profiles for the ISS in Traffic Class 4. Note that bandwidths in Table 4 are quoted on the basis of CIR, being (for the purposes of Table 4) the information transfer rate which the NBN Co Satellite Network is committed to transfer for a particular link under normal conditions. * To be read subject to section 8.3.

(b) Subject to Customer ordering the CVC in a CVC Bandwidth Profile in Table 4, NBN Co will additionally make the CVC available in bandwidth increments equal to the number of AVCs associated with the CVC multiplied by 40 Kbps, as further described in section 4.3(d) of this Product Description.

(c) NBN Co will not supply the CVC in Traffic Class 2 or Traffic Class 3.

(d) Customer agrees that within a CVC, a number of AVCs may be present.

(e) Customer is responsible for dimensioning the CVC to meet its own capacity requirements (taking into consideration the end-user experience criteria in section 8.3(b) of this Product Description) and to support Customer’s supply of Customer Products that rely on the ISS as an input to its Downstream Customers, in accordance with the limitations set out in section 4.3 of this Product Description.

(f) The Product Technical Specification - Interim Satellite Service provides further information regarding CVC Bandwidth Profiles.

2.4 NNI

(a) NBN Co will make the NNI bearer available (with the NNI Bearer Profiles set out in Table 5 ) in accordance with the provisions relating to NNI Bearer Profiles contained in the Product Technical Specification - Interim Satellite Service:

NNI Bearer Profiles 1000BaseLX 1000BaseT

Table 5: NNI Bearer Profile for the ISS.

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(b) NBN Co will not supply NNI bearers in interface variants other than as specified in Table 5.

(c) Customer agrees that an NNI will serve as the point of hand over for one or more CVCs that are associated with that NNI in a given POI.

(d) Customer is responsible for selecting an NNI Bearer Profile to meet its own capacity requirements in respect of the supply of Customer Products that rely on the ISS as an input to its Downstream Customers.

(e) Customer agrees that an NNI operates as a single, unprotected interface.

(f) NBN Co is not responsible for the impact that the operation of the NNI as a single, unprotected interface may have on the supply by Customer of Customer Products that rely on the ISS as an input to its Downstream Customers or End Users.

(g) The Product Technical Specification - Interim Satellite Service provides further information regarding NNI Bearer Profiles.

3 Product-specific ordering terms

3.1 Introduction

This section 3 sets out the specific terms that apply to the ordering of the Product Components of the ISS. These terms apply in addition to the general terms relating to the ordering of Products that are contained in the Satellite Wholesale Broadband Agreement Modules and the NBN Co Satellite Operations Manual.

3.2 End User eligibility

(a) Customer must not supply a Customer Product that relies on the ISS as an input (and Customer must ensure that a Downstream Customer does not supply a Downstream Product that relies on the ISS as an input) to a Premises unless:

i the End User at that Premises is an Eligible End User; and

ii the Customer Product or Downstream Product supplied to that Premises is in respect of:

A a valid NBN Co Broadband Service Locator ID if it is a new service; or

B a valid NTD identification if it is an existing service.

(b) Customer must use the NBN Co Broadband Service Locator (if available) to determine the eligibility of an End User’s Premises in accordance with the processes set out in the NBN Co Satellite Operations Manual.

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(c) If Customer cannot comply with section 3.2(b), Customer must:

i have a valid consent from the End User to order the relevant Customer Product or Downstream Product (as the case may be) which relies on the ISS as an input; and

ii obtain a valid declaration from the End User stating that the End User at the relevant Premises is an Eligible End User.

(together, the Eligible End User Documentation)

(d) If NBN Co requests, Customer must provide NBN Co with a copy of the Eligible End User Documentation as soon as is reasonably practicable.

(e) If Customer fails to provide NBN Co with a copy of the Eligible End User Documentation in accordance with section 3.2(d), NBN Co may refuse to supply the relevant Product Component or the ISS to Customer.

(f) NBN Co, in its absolute discretion, will determine whether an End User is an Eligible End User.

(g) The End User Eligibility Criteria may be amended from time to time in accordance with the Satellite Wholesale Broadband Agreement Modules.

3.3 NNI and CVC to be supplied before orders for AVC can be placed

(a) Customer must not place an order for the supply of an AVC in respect of a Premises unless NBN Co is currently supplying to Customer:

i a CVC for the CSA within which the Premises is located; and

ii an NNI in the POI that serves the CSA.

(b) When placing an order for the supply of an AVC in respect of a Premises, Customer warrants to NBN Co that it is entitled to place an order in accordance with section 3.3(a) of this Product Description.

(c) Customer agrees that there may be significant lead times between the ordering of the CVC and NNI Product Components of the ISS and the commencement of supply of the CVC and NNI Product Components of the ISS.

(d) Customer is responsible for planning the ordering of the CVC and NNI Product Components of the ISS with regard to these lead times. NBN Co is not responsible for any delays in the supply of the AVCs arising from or in connection with Customer’s failure to plan the ordering of the CVC and NNI Product Components of the ISS with regard to these lead times. The parties agree that such a failure to plan accordingly is a Customer Event within the meaning of that term in the Dictionary of the Satellite Wholesale Broadband Agreement Modules.

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4 Business Rules

4.1 Introduction

Customer must comply with the Business Rules set out in this section 4 (including the Fair Use Policy) when using, ordering, varying and cancelling the supply of the ISS.

4.2 Fair Use Policy for ISS

(a) Customer must not use the ISS, or permit a Downstream Customer to use a Customer Product or Downstream Product which relies on the ISS as an input, in a manner that NBN Co regards, acting reasonably and with regard to the matters described in section 4.2(b), as inappropriate or excessive use (the ISS Fair Use Policy).

(b) For the purposes of the ISS Fair Use Policy, NBN Co and Customer agree that inappropriate or excessive use includes:

i in respect of a CVC, when averaged across all AVCs acquired by Customer, the volume of data downloaded in any continuous 4 week period exceeding 9.7GB of data per AVC;

ii in respect of a CVC, when averaged across all AVCs acquired by Customer, the volume of data uploaded in any continuous 4 week period exceeding 3.2GB of data per AVC;

iii CVC capacity utilisation in excess of any Threshold in any Measurement Period set out in Table 7 below:

CVC TC-4 Mbps

Number of AVCs

Threshold Measurement Periods

20 > 400 CVC CIR 20 Mbps

24 hours

20 ≤ 400 ≥ 80% of CVC capacity utilisation either downstream or upstream

3 consecutive hours in any calendar day

5 non-consecutive hours in any calendar day

34 non-consecutive hours in any 7 calendar day period

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CVC TC-4 Mbps

Number of AVCs

Threshold Measurement Periods

> 20 ≥ 400 ≥ 40 Kbps downstream x number of AVCs or ≥ 10 Kbps upstream x number of AVCs

3 consecutive hours in any calendar day

5 non-consecutive hours in any calendar day

34 non-consecutive hours in any 7 calendar day period

Table 7: Fair Use Policy CVC capacity utilisation thresholds. Note that calendar days are calculated from midnight to midnight in Sydney (the location of the CVC).

iv AVC Beam Group utilisation in excess of any Threshold in any Measurement Period set out in Table 8 below:

Threshold Measurement Periods

≥ 40 Kbps downstream x number of AVCs or ≥ 10 Kbps upstream x number of AVCs

3 consecutive hours in any calendar day

5 non-consecutive hours in any calendar day

34 non-consecutive hours in any 7 calendar day period

Table 8: Fair Use Policy AVC Beam Group utilisation thresholds. Note that calendar days are calculated from midnight to midnight in Sydney (the location of the CVC).

v Customer or Downstream Customers using the Product Components of the ISS in a manner that may damage, threaten, interfere with, or result in the deterioration of the operation or performance of the NBN Co Satellite Network or the network, systems, equipment or facilities of Customer or any Other NBN Co Customer used in connection with the NBN Co Satellite Network (this includes using the Product Components of the ISS in a manner in which, in NBN Co’s reasonable opinion, the Product Components of the ISS were not designed or intended to be used);

vi offering a Downstream Customer or End User an unlimited data allowance; and

vii access or use of the NBN Co Broadband Service Locator in a manner that (in NBN Co’s reasonable opinion) impairs any Other NBN Co Customer’s ability to access and use the NBN Co Broadband Service Locator.

(c) Customer must ensure that the terms of any contract for the supply of Customer Products or Downstream Products which rely on the ISS as an input include provisions that require Downstream Customers and End Users

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(as the case may be) to comply with the specific terms of the ISS Fair Use Policy.

(d) Customer must use reasonable endeavours to ensure that any use of:

i a Customer Product that relies on the ISS as an input by any Downstream Customer or End User; and

ii a Downstream Product that relies on the ISS as an input by any Downstream Customer or End User,

complies with the ISS Fair Use Policy.

(e) On request by NBN Co, Customer agrees to provide NBN Co with information and assistance for the purposes of enabling NBN Co to verify compliance with the Fair Use Policy, including by meeting with NBN Co in accordance with the process set out in the NBN Co Satellite Operations Manual.

(f) Without limiting NBN Co’s other rights, if Customer’s use of a CVC or AVC Beam Group capacity:

i breaches the Fair Use Policy, NBN Co may limit that CVC or AVC Beam Group capacity to 40 Kbps multiplied by the number of AVCs associated with the CVC or AVC Beam Group; and

ii exceeds the thresholds in sections 4.2(b)iii or 4.2(b)iv of this Product Description, NBN Co may discard excess traffic upon ingress to the NBN Co Satellite Network.

4.3 Business Rules regarding CVCs

(a) Customer must not acquire CVC capacity in a CVC TC-1 Bandwidth Profile, and NBN Co may decline to supply such capacity, if such acquisition would result in Customer operating a number of AVC TC-1s below the minimum number of AVC TC-1s for that CVC Bandwidth Profile as set out in Table 9 below.

CVC TC-1 Bandwidth Profile Mbps (CIR) Minimum number of AVC TC-1s

5 1

10 830

20 1660

50 3320

100 8300 Table 9: CVC TC-1 dimensioning table.

(b) Customer must not acquire CVC capacity in a CVC TC-4 Bandwidth Profile, and NBN Co may decline to supply such capacity, if such acquisition would

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result in Customer operating a number of AVC TC-4s below the minimum number or above the maximum number of AVC TC-4s for that CVC Bandwidth Profile as set out in Table 10 below:

CVC TC-4 Download Mbps (CIR)

Minimum number of AVC TC-4s

Maximum number of AVC TC-4s

20 1 500

50 400 1250

100 1000 2500

150 2000 3750

200 3000 5000

250 4000 6250

300 5000 7500 Table 10: CVC TC-4 dimensioning table.

(c) Subject to sections 4.3(d) and 4.3(e) of this Product Description, if the number of AVCs associated with a CVC is reduced below the minimum number of AVCs required in sections 4.3(a) or 4.3(b), Customer must modify the CVC Bandwidth Profile for the CVC to comply with the relevant section.

(d) If the aggregate TC-4 downstream bandwidth capacity of all of Customer’s CVCs is less than 40 Kbps multiplied by the number of all of Customer’s AVCs (40 Kbps threshold), NBN Co will on one occasion only, subject to available capacity, increase the CVC TC-4 Bandwidth Profile of one or more of Customer’s CVCs to ensure a total aggregate downstream bandwidth capacity equal to or greater than the 40 Kbps threshold.

(e) If:

i NBN Co increases CVC bandwidth capacity under section 4.3(d); and

ii Customer subsequently does not require the additional bandwidth capacity to achieve the 40 Kbps threshold due to AVC reductions,

NBN Co may cease supplying the additional bandwidth CVC capacity under section 4.3(d).

(f) Customer acknowledges that capacity supplied under section 4.3(d) is limited and is:

i supplied for the purpose of allowing Customer to improve the end-user experience of existing Customer Products for End Users receiving those Customer Products at the time that NBN Co begins supplying the additional capacity; and

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ii not supplied for the purpose of allowing Customer to supply varied Customer Products which consume increased ISS capacity or to supply Customer Products to additional End Users.

(g) If Customer’s AVCs comprise more than 30% of AVCs being supplied by NBN Co to Customer and Other NBN Co Customers using any given satellite beam, Customer must, on NBN Co’s request:

i associate all of its AVCs in that satellite beam with a new CVC;

ii split CVC bandwidth capacity between its CVCs as notified by NBN Co; and

iii not associate AVCs carried on any other satellite beam with the new CVC without NBN Co’s prior written consent.

(h) Customer must place all orders necessary to give effect to sections 4.3(c) to 4.3(g).

(i) The Product Technical Specification - Interim Satellite Service provides further information regarding the use of CVCs.

4.4 Business Rule regarding compliance with ordering processes

When placing an order for the supply of any Product Component of the ISS, Customer must comply with the ordering processes specified in the NBN Co Satellite Operations Manual or notified by NBN Co to Customer from time to time.

4.5 Business Rule regarding compliance with section 3.2

Customer must comply with section 3.2 (End User eligibility) of this Product Description.

4.6 Further Business Rules may be set out in the NBN Co Satellite Operations Manual

Customer agrees that further Business Rules may be set out in the NBN Co Satellite Operations Manual.

5 Product-specific supply terms

5.1 Introduction

This section 5 sets out terms that specifically apply to the supply of the ISS only.

5.2 Connections to the UNI

(a) NBN Co is not responsible for any connections made on the End User side of any UNI on an NTD located at a Premises in connection with Customer’s acquisition of the ISS in respect of that Premises.

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(b) NBN Co is not responsible for the supply, connection, configuration, operation or maintenance of any Customer Premises Equipment (other than the NTD) located at a Premises in connection with NBN Co’s supply of the ISS in respect of that Premises.

5.3 Connections to NBN Co’s appearance on the NBN Co Distribution Frame

(a) Customer is responsible for separately acquiring, operating and maintaining all connections made to the Customer-side of NBN Co’s appearance on the NBN Co Distribution Frame associated with the NNI.

(b) NBN Co is not responsible for any connections made to the Customer-side of NBN Co’s appearance on the NBN Co Distribution Frame associated with the NNI.

5.4 Hand back obligations

(a) Within a reasonable period of the commencement of supply of both of the Access Components in respect of a Premises (and in any event, within 4 weeks after the commencement of that supply), Customer must start supplying a Customer Product to a Downstream Customer that relies on those Access Components as an input.

(b) After Customer has started supplying a Customer Product to a Downstream Customer that relies on the Access Components as an input, Customer must not cease supplying that Customer Product for a continuous period of more than 4 weeks without cancelling the supply of those Access Components.

(c) If Customer fails to comply with sections 5.4(a) or 5.4(b), except where that failure is contributed to by NBN Co, then NBN Co may, by giving 5 Business Days’ written notice to Customer, withdraw Customer’s right to access and use those Access Components and offer any Other NBN Co Customer the option to access and use those Access Components.

5.5 IP addressing

(a) Customer has the option of choosing between public IP addresses and private IP addresses for the ISS.

(b) The ISS requires a minimum of 4 IP addresses per AVC.

(c) If Customer chooses:

i private IP addressing, then:

A NBN Co will allocate a private IP addresses to each NTD; and

B If required, Customer must provide a public IP address pool and perform Network Address Translation; or

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ii public IP addressing, then:

A Customer must provide its own public IP address pool; and

B NBN Co will allocate public IP addresses to each NTD.

(d) A minimum of 256 contiguous IP addresses within a single IP address is required per Network Segment.

(e) IP addressing is more particularly described in the Product Technical Specification - Interim Satellite Service.

5.6 NBN Pass-Through Information

(a) From time to time, NBN Co may provide information to Customer that is relevant to an Eligible End User when accessing and using certain parts of the NBN Co Satellite Network used to supply the ISS (NBN Pass-Through Information).

(b) Unless agreed otherwise by NBN Co in writing, Customer must (and must procure that its Downstream Customers):

i provide NBN Pass-Through Information to each Eligible End User without delay after receiving NBN Pass-Through Information; and

ii use reasonable endeavours to ensure that each Eligible End User complies with any requirements set out in any NBN Pass-Through Information.

(c) Customer may:

i provide NBN Pass-Through Information to its Eligible End Users in any manner or form that Customer thinks fit; and

ii permit its Downstream Customers to provide NBN Co Pass-Through Information to Eligible End Users in any manner or form that Downstream Customer thinks fit.

(d) By way of example only, NBN Co Pass-Through Information may include information regarding:

i requirements for Eligible End Users to ensure that a 240 volt mains power supply is made available to supply electricity to the NTD; and

ii responses required to alarms that may be generated by the NTD.

5.7 VLAN tagging

Customer must comply with the Virtual Local Area Network (VLAN) tagging scheme set out in the Product Technical Specification - Interim Satellite Service.

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5.8 Reference AVC

(a) NBN Co may provision one Reference AVC to a Premises agreed by Customer and NBN Co associated with each CVC supplied to Customer, which utilises CVC capacity, for the purpose of NBN Co monitoring performance of the NBN Co Satellite Network and supply of the ISS.

(b) Customer acknowledges that for the purposes of CVC capacity management and dimensioning, the Reference AVC will be treated by the parties as an AVC supplied to Customer.

5.9 Retail plans and reporting

Customer must provide NBN Co, at least monthly, a report setting out:

(a) the number of Customer Products supplied to End Users, grouped by retail plan (each plan being defined by upload and download speed, upload and download data allowances and peak and off-peak periods, if any); and

(b) actual data usage per AVC.

5.10 End User usage reporting

(a) If available to it, NBN Co will provide a monthly report which identifies the AVCs which use the most data within each AVC Beam Group in the preceding month.

(b) Customer acknowledges that it must actively manage the End Users identified in any report under clause 5.10(a) to minimise their impact on the NBN Co Satellite Network, including their impact on Customer’s other End Users and Other NBN Co Customers’ end users.

6 Service assurance package

(a) The following Service Levels apply to NBN Co’s supply of the ISS to Customer:

i Access Component Connection Service Levels;

ii AVC Modification Service Levels;

iii CVC Modification Service Level;

iv NBN Co Satellite Network Availability Service Level;

v Help Desk Response Service Level;

vi Network Fault Rectification Service Levels; and

vii Service Fault Rectification Service Levels.

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(b) Details of these Service Levels are set out in the Satellite Service Levels Schedule.

7 Charges

The following Charges apply (where relevant) in connection with NBN Co’s supply of the ISS to Customer:

Description Amount AVC TC-4 (including UNI) Recurring Charges

Refer to section 2.1 of the Satellite Price List

CVC TC-1 Recurring Charges Refer to sections 2.2 of the Satellite Price List CVC TC-4 Recurring Charges Refer to sections 2.3 of the Satellite Price List NNI Bearer Recurring Charges Refer to section 2.5 of the Satellite Price List Installation and activation Charges Refer to section 3.1 of the Satellite Price List Service modification Charges Refer to section 3.2 of the Satellite Price List Service management Charges Refer to section 3.3 of the Satellite Price List Travel Charges Refer to section 4 of the Satellite Price List

Table 11: Charges applying to ISS

8 Defined terms and interpretation

8.1 Defined terms

A capitalised term that is used in this Product Description has the meaning given to that term in the Dictionary in section 8.2 of this Product Description. If a capitalised term is not defined in the Dictionary for this Product Description, it has the meaning given to that term in the Satellite Wholesale Broadband Agreement Modules or the Satellite WBA Product Catalogue, as the case may be.

8.2 Dictionary

In this Product Description:

ABG Program Guidelines means the Australian Broadband Guarantee Program Guidelines 2010-11, as amended from time to time.

Australian Broadband Guarantee or ABG means the Australian Government initiative to facilitate provision of high-quality broadband services to residential and small business premises unable to access commercial metro-comparable services, particularly those living in remote parts of Australia.

Access Component means, in respect of the ISS, the UNI and/or the AVC, as the context requires.

Access Virtual Circuit or AVC has the meaning given to that term in section 1.1(c)ii.

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AVC Beam Group means all AVCs supplied to Customer in a single satellite beam or sub-beam as notified to Customer by NBN Co under section 8.3(c).

AVC TC-1 Bandwidth Profile has the meaning given to that term in section 2.2(c).

AVC TC-4 Bandwidth Profile has the meaning given to that term in section 2.2(a).

Connectivity Virtual Circuit or CVC has the meaning given to that term in section 1.1(c)iii.

Connectivity Serving Area or CSA means a geographical region that is addressable using a single CVC.

Customer Premises Equipment or CPE means any equipment supplied by Customer, a Downstream Customer or an End User at the Premises, and which is not supplied by NBN Co.

CVC Bandwidth Profile has the meaning given to that term in section 2.3(a).

DBCDE means the Department of Broadband, Communications and the Digital Economy.

Eligible End User has the meaning given to that term in the End User Eligibility Criteria.

Eligible End User Documentation has the meaning given to that term in section 3.2(c) of this Product Description.

End User Eligibility Criteria means the document entitled ‘End User Eligibility Criteria’ (as amended from time to time in accordance with the Satellite Wholesale Broadband Agreement) set out in Annexure 1 to this Product Description.

GB means gigabyte.

Gbps means gigabits per second.

Indigenous Community Council means an incorporated organisation constituted under state, territory or Australian Government legislation acting on behalf of its discrete remote Aboriginal and/or Torres Strait Islander community or administering an activity on behalf of another discrete remote Aboriginal and/or Torres Strait Islander community on a not-for-profit basis.

Indigenous Community Organisation has the meaning given to that term in the End User Eligibility Criteria.

Interim Satellite Service or ISS has the meaning given to that term in section 1.1(a).

IP means internet protocol.

ISS Fair Use Policy has the meaning given to that term in section 4.2(a).

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Kbps means kilobits per second.

Layer 1 means the ‘physical’ layer of the Open System Interconnection (OSI) model.

Layer 2 means the ‘data’ layer of the Open System Interconnection (OSI) model.

Layer 3 means the ‘network’ layer of the Open System Interconnection (OSI) model.

Mbps means megabits per second.

Metro-Comparable Service has the meaning given in the End User Eligibility Criteria.

NBN Co Broadband Service Locator or NBSL means the online tool administered by the DBCDE that enables Customer, a Downstream Customer or an End User to determine whether an End User is an Eligible End User.

NBN Co Broadband Service Locator ID or NBSL ID is the unique ID number issued to Customer, a Downstream Customer or an End User by the NBN Co Broadband Service Locator indicating that the End User is an Eligible End User.

NBN Co Distribution Frame means the NBN Co distribution frame being either an optical distribution frame or copper distribution frame.

NBN Pass-Through Information has the meaning given to that term in section 5.6(a).

Network Address Translation or NAT means the process of modifying IP address information in IP packet headers while in transit across a traffic routing device.

Network-Network Interface or NNI has the meaning given to that term in section 1.1(c)iv.

Network Termination Device or NTD has the meaning given to that term in section 1.1(d).

NNI Bearer Profile has the meaning given to that term in section 2.4(a).

Network Segment means the communication bandwidth associated to services that transit over an outbound radiofrequency carrier, and its associated radiofrequency inbound carriers, providing communications services between the UNI and the NNI on the network segment.

Not-For-Profit Organisation has the meaning given to that term in the End User Eligibility Criteria.

Priority One Eligible End User has the meaning given to that term in the End User Eligibility Criteria.

Priority Two Eligible End User has the meaning given to that term in the End User Eligibility Criteria.

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Reference AVC means an AVC configured and provisioned by NBN Co within a CVC supplied to Customer.

Residential End User has the meaning given to that term in the End User Eligibility Criteria.

SIP means Session-Initiated Protocol.

Small Business End User has the meaning given to that term in the End User Eligibility Criteria.

User Network Interface or UNI has the meaning given to that term in section1.1(c)i.

8.3 Interpretation

(a) The rules of interpretation set out in clause H5 of the Satellite Wholesale Broadband Agreement Modules apply to this Product Description.

(b) References to download and upload speeds in this Product Description are to the maximum peak speeds that the NBN Co Satellite Network is designed to make available to the Premises. The speeds actually experienced by Downstream Customers and End Users will depend upon a number of factors including:

i the contention ratios that are determined by Customer;

ii the equipment that is used by Customer, Downstream Customers and End Users;

iii the nature and quality of the Customer Products and/or Downstream Products acquired by Downstream Customers (including whether Customer Products include peak and off-peak data allowances);

iv the number of simultaneous Downstream Customers and End Users using the relevant Customer Product or Downstream Product;

v the nature and quality of the connection at the relevant Premises; and

vi the applications run by End Users.

(c) NBN Co will, from time to time, notify Customer of AVC Beam Groups based on the beams or sub-beams of the NBN Co Satellite Network which NBN Co uses to carry AVCs, and a reference to AVC Beam Group capacity is a reference to the aggregate bandwidth capacity of the AVCs comprising an AVC Beam Group.

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Annexure 1 End User Eligibility Criteria

1.1 Eligible End Users

An Eligible End User is an End User acquiring a Customer Product or a Downstream Product under a contract who:

(a) does not have access to a Metro-Comparable Service, according to the NBN Co Broadband Service Locator; and

(b) is either:

i a Residential End User, as defined in section 1.3;

ii a Small Business End User, as defined in section 1.4;

iii an Indigenous Community Organisation, as defined in section 1.5;

iv a Not-For-Profit Organisation, as defined in section 1.6;

v an Educational Facility, as defined in section 1.7;

vi a Health Facility, as defined in section 1.8; or

vii a Local Government Facility, as defined in section 1.9; and

(c) is either:

i a Priority One Eligible End User, as defined in section 1.10; or

ii a Priority Two Eligible End User, as defined in section 1.11.

1.2 Metro-Comparable Service

A Metro-Comparable Service is a service defined in the ABG program guidelines 2010-11 as a ”Metro-comparable Broadband Service” from time to time, which at the date of this document is a service that has the following features:

(a) access to the Internet at a peak data speed of at least 512/128 kbps and 3GB per month usage allowance (with no restrictions within these limits on downloads or uploads or usage time);

(b) a price to the End User over three years of no more than $2500 (inc GST) including equipment, installation, connection, account establishment, travel costs and ongoing provision of the service; and

(c) the service provider offering the broadband service can install the service within a reasonable period of time.

By way of non-exhaustive illustrative example, commercial broadband services that fall within the Metro-Comparable Service definition include:

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(d) ADSL and ADSL 2+;

(e) 3G wireless in ‘hand held’ areas, including those that require a Yagi external antenna; and

(f) a fixed wireless service provided under the ABG Program Guidelines.

1.3 Residential End Users

(a) A Residential End User is an End User who is supplied with a Customer Product or Downstream Product:

i at the End User’s Principal Place of Residence; and

ii has been residing at the Premises for at least twelve months prior to the placement of the relevant order, or intends to reside at the Premises for at least twelve months after the placement of the relevant order.

(b) A Residential End User can only acquire Customer Product or Downstream Products which rely on one AVC at the relevant premises.

(c) In this section 1.3, an End User’s Principal Place of Residence is that End User’s sole or principal place of residence for at least 12 consecutive months, during which the residence is exclusively available to the End User, and which is self-contained and supports independent living. A Principal Place of Residence can include:

i a distinct house, including a granny flat on a block of ground under a single title;

ii a flat or apartment in a block of flats or apartments;

iii houses, cottages or other dwellings on a farming property that are separate places of residence for the property owner and staff member(s);

iv self-contained and distinct places of residence within retirement villages and nursing homes;

v a caravan, cabin or like structure that is permanently located at a particular location (i.e. the premises cannot be moved) and is the principal place of residence of the End User; and

vi a permanently moored vessel that is the principal place of residence of the End User.

(d) Notwithstanding section 1.3(c), the following are not a Principal Place of Residence:

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i premises that are ordinarily occupied by a particular occupant for less than 12 consecutive months—these include hotel rooms, holiday apartments, serviced apartments, boarders’ rooms, dormitories and self-contained rooms that are used by more than one occupant on a rotating basis (or other similar arrangement);

ii barracks (both military and civilian);

iii premises without a permanent power supply;

iv any mobile premises (for example, boat, caravan or bus) or a demountable or other temporary building that is not permanently located in a particular location; and

v vacant land on which Customer Premises Equipment is erected, unless the site is directly connected to the Premises of a Residential End User (such as a satellite dish built next to a house).

1.4 Small Business End Users

(a) A Small Business End User is an End User who:

i is supplied with a Customer Product or Downstream Product at a Small Business End User Premises;

ii must have no more than 20 full time equivalent employees;

iii must only have Customer Product or Downstream Product s which rely on one AVC at each place of business; and

iv must not be a Residential End User.

(b) In this section 1.4, a Small Business End User Premises must be a unique work location. If the business is co-located in premises with other businesses, the business must have a clearly identified work location.

(c) Notwithstanding section 1.4(b), the following are not Small Business End User Premises:

i vacant land;

ii a temporary or other demountable building that is not permanently located at a particular location;

iii buildings such as sheds, barns or outbuildings that have been erected for the purposes of housing livestock, machinery or other equipment associated with the operation of the business but are not the Small Business End User’s primary place of operation. However, if that building is the residence of an End User (for example, a farm

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worker), that End User may be a Residential End User if they satisfy the requirements outlined in section 1.3; and

iv a site established for re-transmission of broadband services.

(d) Notwithstanding section 1.4(a), Government organisations, including Commonwealth, state and local government organisations, with the exception of Indigenous Community Organisations, are not Small Business End Users.

(e) Notwithstanding section 1.4(a), Education organisations including tertiary institutions, secondary and primary schools, childcare and day care centres and other education facilities (regardless of whether they are Government controlled or private) are not Small Business End Users.

1.5 Indigenous Community Organisations

(a) An Indigenous Community Organisation is any organisation that NBN Co reasonably considers to be an ‘Indigenous Community Organisation’. In making this determination, NBN Co will consult with the Regional & Indigenous Communications Branch of the DBCDE to receive guidance on the identity and bona fides of the organisation.

(b) An Indigenous Community Council may be an Indigenous Community Organisation and acquire a Customer Product or Downstream Product :

i as a business using broadband services for its own business purposes; and/or

ii subject to NBN Co’s prior written approval, on behalf of residential End Users within the relevant Indigenous community.

(c) If an Indigenous Community Council believes it is an Indigenous Community Organisation, that Indigenous Community Council must

have a unique work location set up in a manner that represents a distinct place of operation for the Indigenous Community Council organisation.

(d) The Customer Product or Downstream Product must be registered in the name of the Indigenous Community Council which will be responsible for all End User obligations in relation to the service.

1.6 Not For Profit Organisations

(a) A Not-For-Profit Organisation is any organisation that NBN Co reasonably considers to be:

i formed for social recreational, educational, charitable, philanthropic or other lawful purposes, where any profit earned can only be

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applied for the purposes of the organisation as a whole and not distributed to individual members;

ii is not associated with any Commonwealth, State, Territory or local Government agency;

iii has no more than the equivalent of 20 full-time employees;

iv has a unique Australian Business Number; and

v has a unique work location set up in a manner that represents a distinct place of operation for the Not-For-Profit Organisation.

(b) In making this determination, NBN Co will consult with DBCDE to receive guidance on the identity and bona fides of the ‘not-for-profit’ nature of the organisation.

(c) The Not-For-Profit Organisation must only have Customer Product or Downstream Products which rely on one AVC at each place of business.

1.7 Educational Facility

(a) An Educational Facility is any organisation that NBN Co reasonably considers to be:

i a privately or publically funded primary or secondary school;

ii a privately or publically funded preschool or kindergarten facility; or

iii an adult registered training and education facility which provides ongoing services.

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(b) NBN Co may determine that other educational facilities qualify as an Educational Facility, as determined on a case by case basis.

(c) In making the determinations in (a) and (b) above, NBN Co will consult with DBCDE to receive guidance on the identity and bona fides of the ‘educational’ nature of the organisation.

(d) In this section 1.7, an “educational facility location” is the principal place of learning for the Educational Facility, such as a campus. In some circumstances there may be multiple buildings or classrooms within the same educational facility location. Each educational facility location may only acquire Customer Product or Downstream Products which rely on one AVC at each location.

1.8 Health Facility

(a) A Health Facility is any organisation that NBN Co reasonably considers to be::

i a general practice;

ii a specialist medical service or surgery; or

iii a community health centre.

(b) NBN Co may determine that other health facilities qualify as a Health Facility, as determined on a case by case basis.

(c) In making the determinations in (a) and (b) above, NBN Co will consult with DBCDE to receive guidance on the identity and bona fides of the ‘health facility’ nature of the organisation.

(d) In this section 1.8, a “health facility location” is defined as a distinct place of business for the Health Facility such as a surgery. In some circumstances there may be multiple practitioners sharing the same surgery within the same health facility location. Each health facility location may only acquire Customer Product or Downstream Products which rely on one AVC at each location.

1.9 Local Government Facility

(a) A Local Government Facility is any organisation that NBN Co reasonably considers to be:

i a local government childcare centre;

ii a library;

iii a council office;

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iv an Indigenous community facility operated by local government;

v an aged care and accommodation facility; or

vi a community health centre.

(b) NBN Co may determine other local government facilities, which provide services to the local community, qualify as a Health Facility, as determined on a case by case basis.

(c) In making the determinations in (a) and (b) above, NBN Co will consult with DBCDE to receive guidance on the identity and bona fides of a ‘local government’ facility.

(d) In this section 1.9, a “local government facility location” is defined as a distinct place of business operated by the local council. In some in circumstances where there may be multiple community services provided by the same local government facility location. Each local government facility location can only acquire Customer Product or Downstream Products which rely on one AVC at each location.

1.10 Priority One Eligible End Users

A Priority One Eligible End User is an End User who has never had an ABG service.

1.11 Priority Two Eligible End Users

A Priority Two Eligible End User is an End User who has:

(a) a working ABG service that was connected more than three years ago; or

(b) an ABG service that was connected less than three years ago but have lost their ABG service through no fault of their own (e.g. where the End User has lost an ABG service due to natural disasters, or a new tenant or resident End User has moved into a Premises in respect of which an incomplete or faulty ABG service is in place, or where an End User’s ABG service is faulty and is not covered by the ABG 3 year warranty period).

1.12 Priority in case of excess demand

If NBN Co receives orders for the ISS from Customer and Other NBN Co Customers in respect of more than 1000 End Users in any month during the Term (or any other limit as NBN Co may reasonably determine and notify to Customer), NBN Co may manage any additional new orders by prioritising Priority One Eligible End Users above Priority Two Eligible End Users in accordance with NBN Co’s Non-Discrimination Obligations.

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1.13 Additional Customer Obligations

As a condition of providing services to Education, Health and Local Government Facilities, Customers are obliged to advise End Users:

i that the Interim Satellite Service is not a business grade service and the Service Levels which apply are those contained in the existing Satellite Service Levels Schedule;

ii of the suitability of this service, including:

A that the Interim Satellite Service should not be used for mission critical services such as tele-medical procedures; and

B the potential impact on the End User experience of multiple End Users using one AVC; and

iii that NBN Co is not responsible for any internet content filtering.

2 Appeals process for eligibility determinations

(a) Customer may appeal a determination as to whether or not an End User is an Eligible End User in accordance with the NBN Co Satellite Operations Manual.

(b) Customer must communicate with the End User in respect of all matters associated with the appeal regarding the End User’s eligibility.

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Annexure 2 POI

1 POI location

POIs for the ISS will be established at the following two locations:

(a) Ultimo, NSW, 2007; and

(b) Mascot, NSW, 2020.

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37

Satellite Service Levels Schedule

RELEASE 1.0

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1 Introduction to the Satellite Service Levels Schedule

1.1 Satellite Wholesale Broadband Agreement

This document constitutes the Satellite Service Levels Schedule for the purposes of the Satellite Wholesale Broadband Agreement.

1.2 Scope of this document

This document sets out the Service Levels that will apply in respect of NBN Co’s supply of certain Products to Customer.

1.3 No service level rebates apply

NBN Co will not be required to pay or credit any amounts or rebates to Customer if NBN Co fails to meet any Service Level.

1.4 Circumstances excluded from measurement of NBN Co’s performance

The measurement of NBN Co’s performance in meeting Service Levels (including in determining when a Network Segment is deemed to be Unavailable) will exclude any effect or delay caused or contributed by:

(a) a Customer Event;

(b) an Excluded Event;

(c) a Permitted Event;

(d) the performance of work authorised by NBN Co in respect of specific network equipment at a scheduled time, in accordance with the Managed Service Supply Terms; or

(e) any matter, thing, event or circumstance for which NBN Co is not legally responsible for under this Agreement or is not within NBN Co’s reasonable control and which NBN Co reasonably considers does, will, or is likely to, adversely impact on the ability of NBN Co to meet that Service Level, including:

i Sun Transit;

ii extreme or otherwise adverse weather conditions;

iii act of God;

iv installations in respect of non-typical premises, such as heritage buildings or buildings that are difficult to access;

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v failures or delays in obtaining approvals or consents from relevant persons or entities, such as local councils, building managers and landlords; and

vi inability to gain access to a Premises or other relevant location to perform works, including due to refusal of entry or lock-out.

1.5 Other relevant terms

Certain terms regarding NBN Co’s obligation to supply certain Products in accordance with the Service Levels and other related matters are set out elsewhere in the Satellite Wholesale Broadband Agreement.

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2 Access Component connections

2.1 Access Component Connection Service Levels

Location of Premises Successful completion of Access Component Connection

Zone 1 and Zone 2 20 Business Days

Zone 3 25 Business Days

Zone 4 Best efforts

Table 1: Access Component Connection Service Levels

Service Levels

(a) Table 1 sets out the Service Levels (the Access Component Connection Service Levels) that apply in respect of the timeframes within which NBN Co will successfully complete the installation, commissioning, testing, connection and activation of Access Components of the ISS supplied by NBN Co to Customer in respect of a Premises that is being performed as part of a Standard Installation (an Access Component Connection).

Exclusions

(b) The Access Component Connection Service Levels do not apply in respect of:

i Access Component Connections performed as part of Non Standard Installations; or

ii the connection and activation of the CVC or NNI Product Components of the ISS.

(c) The Access Component Connection Service Levels do not apply unless NBN Co is already supplying the CVC and NNI Product Components of the ISS that are associated with the supply of the Access Components of the ISS in respect of the Premises.

Measurement

(d) For the purpose of determining whether NBN Co has successfully completed an Access Component Connection within the applicable Access Component Connection Service Level:

i the measurement of NBN Co’s performance will commence on the later of:

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A the time at which NBN Co receives a valid order from Customer for the Access Components at a Premises in accordance with the NBN Co Satellite Operations Manual (in this section 2.1(d), Order Receipt) using the local time at the location of that Premises (not at the local time at the location at which Customer has placed that order or the local time at the location at which NBN Co has received that order); and

B the time at which NBN Co verifies that the Access Component Connection is, in fact, being performed as part of a Standard Installation;

ii if Order Receipt occurs:

A at or between 12:00 am and 7:59 am on a particular Business Day, it is deemed that Order Receipt occurs at 8:00 am on that same Business Day;

B at or between 8:00 am and 5:00 pm on a particular Business Day, Order Receipt occurs at the relevant time; or

C at or between 5:01 pm and 11:59 pm on a particular Business Day or on a day that is not a Business Day, it is deemed that Order Receipt occurs at 8:00 am on the next Business Day;

iii the measurement of NBN Co’s performance will end at the time at which:

A NBN Co, acting reasonably, considers that it has successfully completed the Access Component Connection; and

B NBN Co notifies Customer (either through SharePoint, by telephone, by email or by such other means as may be notified by NBN Co to Customer from time to time) that it has successfully completed the Access Component Connection; and

iv the measurement of NBN Co’s performance will exclude:

A if:

the Eligible End User does not accept the first offered date for the performance of the Access Component Connection identified by NBN Co (such date being a reasonable period after NBN Co first contacts the Eligible End User to arrange an appointment); or

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the Eligible End User is not ready for the performance of the Access Component Connection at the time agreed with NBN Co,

the period between the first offered date or the agreed date (as the case may be) and the actual date on which NBN Co arrives at the relevant Premises to perform the Access Component Connection;

B if the End User has given incorrect information to NBN Co when answering reasonable installation questions and that incorrect information had a material adverse effect on the ability of NBN Co to successfully complete the Access Component Connection on the date of the first visit to the Premises, the period between the first visit and the second visit;

C if any delivery, installation, commissioning and testing of any NBN Co Equipment is delayed due to a request from Customer, the Downstream Customer or the End User to defer that delivery, installation commissioning and testing, the period of that delay; and

D if any installation, commissioning, testing, connection and activation is delayed due to an equipment shortage that is not attributable to a Fault or mismanagement by NBN Co, the period of that delay.

(e) By way of example only, if:

i Customer validly places an order for the Access Components in respect of a Premises located in Sydney by 6:00 pm Sydney time; and

ii NBN Co receives that order in Perth by 4:00 pm Perth time on the same Business Day,

then, for the purposes of determining whether NBN Co has successfully completed the Access Component Connection within the relevant Service Level, it is deemed that Order Receipt occurred at 8:00 am Sydney time on the next Business Day.

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3 AVC modification

3.1 AVC Modification Service Levels

Activity Service Level

AVC Modification – No Site Visit Required

3 Business Days

AVC Modification – Site Visit Required

Zone 1 and Zone 2 20 Business Days

Zone 3 25 Business Days

Zone 4 Best efforts Table 2: AVC Modification Service Levels

Service Levels

(a) Table 2 sets out the Service Levels (the AVC Modification Service Levels) that apply in respect of the timeframes within which NBN Co will successfully complete the modification of the bandwidth of an AVC of the ISS supplied by NBN Co to Customer in respect of an NTD at a Premises (an AVC Modification).

Measurement

(b) For the purposes of determining whether NBN Co has successfully completed an AVC Modification within the applicable AVC Modification Service Level:

i the measurement of NBN Co’s performance will commence at the time at which NBN Co receives a valid order from Customer for the AVC Modification in accordance with the NBN Co Satellite Operations Manual (in this section 3.1, Order Receipt) using the local time at the location of that Premises (not at the local time at the location at which Customer’s placed that order or the local time at the location at which NBN Co received that order);

ii if Order Receipt occurs:

A at or between 12:00 am and 7:59 am on a particular Business Day, it is deemed that Order Receipt occurs at 8:00 am on that same Business Day;

B at or between 8:00 am and 5:00 pm on a particular Business Day, Order Receipt occurs at the relevant time;

C at or between 5:01 pm and 11:59 pm on a particular Business Day or on a day that is not a Business Day, it is

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deemed that Order Receipt occurs at 8:00 am on the next Business Day; and

iii the measurement of NBN Co’s performance will end at the time at which:

A NBN Co, acting reasonably, considers that it has successfully completed the AVC Modification; and

B NBN Co notifies Customer (either through SharePoint, by telephone, by email or by such other means as may be notified by NBN Co to Customer from time to time) that it has successfully completed the AVC Modification.

(c) By way of example only, if:

i Customer validly places an order for an AVC Modification in respect of a Premises located in Sydney by 6:00 pm Sydney time; and

ii NBN Co receives that order in Perth by 4:00 pm Perth time on the same Business Day,

then, for the purposes of determining whether NBN Co has successfully completed the AVC Modification within the relevant Service Level, it is deemed that Order Receipt occurred at 8:00 am Sydney time on the next Business Day.

4 CVC modification

4.1 CVC Modification Service Level

Activity Service Level

CVC Modification 7 Business Days

Table 3: CVC Modification Service Level

Service Levels

(a) Table 3 sets out the Service Level (the CVC Modification Service Level) that applies in respect of the timeframes within which NBN Co will successfully complete the modification of the bandwidth of a CVC of the ISS supplied by NBN Co to Customer in respect of an NTD at a Premises (a CVC Modification).

Measurement

(b) For the purpose of determining whether NBN Co has successfully completed a CVC Modification within the CVC Modification Service Level:

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i the measurement of NBN Co’s performance will commence at the time at which NBN Co receives a valid order from Customer for the CVC Modification in accordance with the NBN Co Satellite Operations Manual (in this section 4.1(b), Order Receipt) using the local time at the location of that Premises (not at the local time at the location at which Customer has placed that order or the local time at the location at which NBN Co has received that order);

ii if Order Receipt occurs:

A at or between 12:00 am and 7:59 am on a particular Business Day, it is deemed that Order Receipt occurs at 8:00 am on that same Business Day;

A at or between 8:00 am and 5:00 pm on a particular Business Day, Order Receipt occurs at the relevant time;

B at or between 5:01 pm and 11:59 pm on a particular Business Day or on a day that is not a Business Day, it is deemed that Order Receipt occurs at 8:00 am on the next Business Day; and

iii the measurement of NBN Co’s performance will end at the time at which:

A NBN Co, acting reasonably, considers that NBN Co has successfully completed the CVC Modification; and

B NBN Co notifies Customer (either through SharePoint, by telephone, by email, or by such other means as may be notified by NBN Co to Customer from time to time) that it has successfully completed the CVC Modification.

(c) By way of example only, if:

i Customer validly places an order for a CVC Modification in Sydney by 6:00 pm Sydney time; and

ii NBN Co receives that order in Perth by 4:00 pm Perth time on the same Business Day,

then, for the purposes of determining whether NBN Co has successfully completed the CVC Modification within the Service Level, it is deemed that Order Receipt occurred at 8:00 am Sydney time on the next Business Day.

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5 NBN Co Satellite Network availability

5.1 NBN Co Satellite Network Availability Service Level

Activity Service Level

NBN Co Satellite Network Availability 99.5%

Table 4: NBN Co Satellite Network Availability Service Level

Service Levels

(a) Table 4 sets out the Service Level that applies in respect of the Availability of the NBN Co Satellite Network (NBN Co Satellite Network Availability Service Level).

Measurement

(b) For the purposes of the NBN Co Satellite Network Availability Service Level, a reference to Availability means:

(Measurement Period – Unavailable Period) x 100% Measurement Period

where:

i Measurement Period means the number of minutes in a calendar year of 365.25 days (being 525,960 minutes); and

ii Unavailable Period means:

A the number of minutes in the Measurement Period during which the NBN Co Satellite Network being Unavailable in accordance with section 5.1(d),

less:

B the number of minutes in the Measurement Period during which the NBN Co Satellite Network is Unavailable due to an exclusion under section 5.1(e).

Measurement of Unavailability

(c) The NBN Co Satellite Network Availability Service Level will be measured in respect of the availability from the UNI (on the Performance Co-locate NTD) to the NNI by measuring each set of Performance Co-locate NTDs assigned to each Network Segment.

(d) Subject to section 5.1(e), a Network Segment of the NBN Co Satellite Network will be deemed to be Unavailable when:

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i both Performance Co-locate NTDs for the Network Segment arenon-responsive to a “ping test” conducted between a Performance Co-locate NTD and its corresponding NNI at the POI;

ii both Performance Co-locate NTDs for the for the Network Segment report greater than 50% continuous ping losses over a 1 minute period; and

iii if a Fault is identified within the relevant Network Segment, that Fault is verified by NBN Co as a Network Fault.

(e) A Network Segment of the NBN Co Satellite Network will not be deemed to be Unavailable to the extent that the period of the unavailability is ≤ 30 seconds.

6 Network Fault rectification

6.1 Help Desk Response Service Level

Activity Service Level

Help Desk answering calls during Core Hours 80% of calls to be answered within 60 seconds

Table 5: Help Desk Response Service Level

Service Levels

Table 5 sets out the Service Level that applies in respect of the time within which the NBN Co Help Desk will answer telephone calls made by Customers to the NBN Co Help Desk during Core Hours in respect of NBN Co Satellite Network Faults (Help Desk Response Service Level).

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6.2 Network Fault Rectification Service Levels

Severity Time to respond Progress report

Time to rectify within the Core Hours

Time to rectify outside of Core Hours

Severity 1 Network Fault

30 minutes after the time at which Customer validly reports the Network Fault to NBN Co in accordance with the NBN Co Satellite Operations Manual

Hourly 4 hours after the time at which Customer validly reports the Network Fault to NBN Co in accordance with the NBN Co Satellite Operations Manual

6 hours after the time at which Customer validly reports the Network Fault to NBN Co in accordance with the NBN Co Satellite Operations Manual

Severity 2 Network Fault

60 minutes after the time at which Customer validly reports the Network Fault to NBN Co in accordance with the NBN Co Satellite Operations Manual

Every 2 hours

8 hours after the time at which Customer validly reports the Network Fault to NBN Co in accordance with the NBN Co Satellite Operations Manual

10 hours after the time at which Customer validly reports the Network Fault to NBN Co in accordance with the NBN Co Satellite Operations Manual

Severity 3 Network Fault

2 hours after the time at which Customer validly reports the Network Fault to Managed Service Provider in accordance with the NBN Co Satellite Operations Manual

After rectification

24 Core Hours after the time at which Customer validly reports the Network Fault to Managed Service Provider in accordance with the NBN Co Satellite Operations Manual

24 Core Hours after the time at which Customer validly reports the Network Fault to Managed Service Provider in accordance with the NBN Co Satellite Operations Manual

Table 7: Network Fault Rectification Service Levels

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Service Levels

(a) Table 7 sets out the Service Levels (Network Fault Rectification Service Levels) that apply in respect of the timeframes within which NBN Co will respond to, provide progress reports in respect of and successfully rectify NBN Co Satellite Network faults that are validly reported by Customer to NBN Co in accordance with the NBN Co Satellite Operations Manual and which adversely impact the NBN Co Satellite Network (or any ISS or any Product Component of any ISS supplied by NBN Co to Customer in respect of a Premises, excluding a Service Fault) (Network Fault).

Measurement

(b) For the purpose of determining whether NBN Co has responded to, provided progress reports in respect of and successfully rectified a Network Fault within the relevant Service Level:

i the measurement of NBN Co’s performance will commence at the time at which Customer validly reports the Network Fault to NBN Co in accordance with the NBN Co Satellite Operations Manual (using the local time at the location at which NBN Co has received that report); and

ii if the time at which Customer validly reports the Network Fault occurs:

A at or between 12:00 am and 7:59 am on a particular Business Day, it is deemed that the Fault report occurs at 8:00 am on that same Business Day;

B at or between 8:00 am and 5:00 pm on a particular Business Day, the Fault report occurs at the relevant time;

C at or between 5:01 pm and 11:59 pm on a particular Business Day or on a day that is not a Business Day, it is deemed that the Fault report occurs at 8:00 am on the next Business Day; and

iii the measurement of NBN Co’s performance will end at the time at which:

A NBN Co, acting reasonably, considers that NBN Co has responded to, provided progress reports in respect of or successfully rectified (as applicable) the Network Fault; and

B NBN Co notifies Customer (either through SharePoint, by telephone, by email, or by such other means as may be notified by NBN Co to Customer from time to time) that NBN

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Co has responded to, provided progress reports in respect of or successfully rectified (as applicable) the Network Fault.

6.3 Service Fault Rectification Service Levels

No. Activity Service Level

1. Rectification of a Soft Fault in respect of an individual ISS 5 Business Days

2. Identification of a Hard Fault in respect of an individual ISS 5 Business Days

3. Rectification of a Hard Fault in respect of an individual ISS, after Hard Fault has been identified (in respect of a Premises that is located within Zone 1 or Zone 2)

7 Business Days

4. Rectification of a Hard Fault in respect of an individual ISS, after Hard Fault has been identified (supplied in respect of a Premises that is located within Zone 3)

15 Business Days

5. Rectification of a Hard Fault in respect of an individual ISS (supplied in respect of a Premises that is located in Zone 4)

Best efforts

Table 8: Service Fault Rectification Service Levels

Service Levels

(a) Table 8 sets out the Service Levels (the Service Fault Rectification Service Levels) that apply in respect of the timeframes within which NBN Co will successfully rectify Soft Faults and Hard Faults:

i that are validly reported by Customer to NBN Co in accordance with the NBN Co Satellite Operations Manual; and

ii which adversely impact any Customer Product or Downstream Product that relies on the ISS as an input,

where that ISS that is supplied in respect of a Premises where the NTD was installed as part of a Standard Installation (not a Non-Standard Installation) (Service Fault).

Measurement

(b) For the purpose of determining whether NBN Co has successfully met a Service Fault Rectification Service Level:

i the measurement of NBN Co’s performance in respect of the Service Levels:

A numbered 1-2 in Table 8 will commence at the time at which Customer validly reports the Service Fault to NBN Co; and

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B numbered 3-5 in Table 8 will commence at the time at which time NBN Co raises a maintenance call-out in respect of that Service Fault,

in accordance with the NBN Co Satellite Operations Manual using the local time at the location of that Premises (not at the local time at the location from which Customer validly reported that Service Fault to NBN Co or the local time at the location at which NBN Co received that report);

ii if the time at which Customer validly reports the Network Fault occurs:

A at or between 12:00 am and 7:59 am on a particular Business Day, it is deemed that the Fault report occurs at 8:00 am on that same Business Day;

B at or between 8:00 am and 5:00 pm on a particular Business Day, the Fault report occurs at the relevant time;

C at or between 5:01 pm and 11:59 pm on a particular Business Day or on a day that is not a Business Day, it is deemed that the Fault report occurs at 8:00 am on the next Business Day;

iii the measurement of NBN Co’s performance will end at the time at which:

A NBN Co, acting reasonably, considers that NBN Co has successfully rectified the Service Fault; and

B NBN Co notifies Customer (either by telephone, by email, or by such other means as may be notified by NBN Co to Customer from time to time) that NBN Co has successfully rectified the Service Fault; and

iv the measurement of NBN Co’s performance will exclude:

A if:

the Eligible End User does not accept the first offered date for NBN Co to visit the Premises for the purposes of rectifying the Service Fault (such date being a reasonable period after NBN Co first contacts the Eligible End User to arrange an appointment); or

the Eligible End User is not ready for NBN Co to perform the rectification works at the agreed time,

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the period between the first offered date or the agreed date (as the case may be) and the actual date on which NBN Co arrives at the relevant Premises to rectify the Service Fault;

B if the End User has given incorrect information to NBN Co when answering reasonable fault-related questions and that incorrect information had a material adverse effect on NBN Co’s ability to rectify the Service Fault on the first visit, the period between the first visit and the second visit;

C if any wilful damage to any NBN Co Equipment causes or contributes to the occurrence of the Service Fault, the period between the occasioning of that damage and the rectification of that damage;

D if the performance of the rectification works is delayed due to a request from Customer, the Downstream Customer or the End User to defer the performance of those rectification works, the period of that delay; and

E if the performance of the activity was delayed by temporary lack of access to the NTD due to an act by Customer, the Downstream Customer or the End User, the period of that delay.

(c) By way of example only, if:

i Customer validly reports to NBN Co a Service Fault in respect of a Premises located in Sydney by 6:00 pm Sydney time; and

ii NBN Co receives that report in Perth by 4:00 pm Perth time on the same Business Day,

then, for the purposes of determining whether NBN Co has successfully rectified that Service Fault within the relevant Service Level, it is deemed that Order Receipt occurred at 8:00 am Sydney time on the next Business Day.

7 Dictionary

7.1 Definitions

A capitalised term that is used in this Satellite Service Levels Schedule has the meaning given to that term in the Dictionary in section 7.2 of this Satellite Service Levels Schedule.

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If a capitalised term is not defined in the Dictionary for this Satellite Service Levels Schedule, it has the meaning given to that term in the Satellite Wholesale Broadband Agreement Modules or the Satellite WBA Product Catalogue, as the case may be.

7.2 Dictionary

In this Satellite Service Levels Schedule:

Access Component Connection has the meaning given to that term in section 2.1(a).

Access Component Connection Service Levels has the meaning given to that term in section 2.1(a).

Availability has the meaning given to that term in section 5.1(b).

AVC Modification has the meaning given to that term in section 3.1(a).

AVC Modification Service Levels has the meaning given to that term in section 3.1(a).

Core Hours means hours between 8:00 am and 8:00 pm Sydney time.

CVC Modification has the meaning given to that term in section 4.1(a).

CVC Modification Service Level has the meaning given to that term in section 4.1(a).

Hard Fault means an NBN Fault that is an NTD fault requiring replacement or realignment that may require an On Site Maintenance Callout.

Help Desk means the service help desk operated by the Managed Service Provider, which Customer can contact to raise queries in relation to the ISS.

Help Desk Response Service Level has the meaning given to that term in section 6.1.

Identification means the process for identifying whether a Fault is a Hard Fault and requires replacement of hardware or an On Site Maintenance Callout is required.

NBN Co Satellite Network Availability Service Level has the meaning given to that term in section 5.1(a).

Network Fault has the meaning given to that term in section 6.2(a).

Network Fault Rectification Service Levels has the meaning given to that term in section 6.2(a).

Network Segment means the communication bandwidth associated to services that transit over an outbound radiofrequency carrier, and its associated radiofrequency inbound carriers, providing communications services between the UNI and the NNI on the network segment.

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No Site Visit Required means the performance of works by NBN Co Personnel to modify an AVC that does not require NBN Co Personnel to attend the location of the Premises to which the AVC relates for the purpose of modifying that AVC.

Order Receipt has the meaning given to that term in section 2.1(d)iA, 3.1(b)i, or 4.1(b)i (as the case may be).

Performance Co-locate NTD means an NTD used to measure performance of a Network Segment.

Permitted Event means:

(a) an act or omission of a third party impacting the Managed Service Provider’s transponders or its ability to restore the Managed Services;

(b) a failure of any equipment or service operated or provided by third party other than the Managed Service Provider;

(c) a performance failure resulting from a POI not having full geographic redundancy;

(d) an influx of telephone calls due to adverse whether conditions or high than forecast sales volumes; or

(e) an influx of calls caused by an invalid or frivolous telephone calls.

Rain Fade Event means an interruption of the ISS supplied in respect of an NTD at a Premises that can be attributed to rain attenuation or other atmospheric interference of the radiofrequency signal.

Service Fault has the meaning given to that term in section 6.3(a).

Service Fault Rectification Service Levels has the meaning given to that term in section 6.3(a).

Severity 1 Network Fault means an NBN Fault that is a hard failure caused by a ground based core network equipment interruption (hardware or software) that results in the failure of one or more Network Segments. This excludes satellite failure.

Severity 2 Network Fault means an NBN Fault that is a major services degradation affecting over 50 NTDs. This excludes satellite failure.

Severity 3 Network Fault means an NBN Fault that is a major hazard where a redundant component of the network is in failure.

Site Visit Required means the performance of works by NBN Co Personnel to modify an AVC that requires NBN Co Personnel to attend the location of the Premises to which the AVC relates for the purpose of modifying that AVC.

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Soft Fault means an NBN Fault that is an NTD fault that can be rectified by a remote operator without requiring an On Site Maintenance Callout.

Sun Transit means any period during which electromagnetic radiation from the sun causes interference or results in a failure of the ISS.

Unavailable has the meaning given to that term in section 5.1(d).

Zone means an area of mainland Australia or Tasmania that is accessible by sealed road, which is identified as either Zone 1, Zone 2, Zone 3 or Zone 4 in accordance with the map and definitions set out in Annexure 1 of this Satellite Service Levels Schedule.

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Annexure 1 Zones

The following map shows the location of Zones throughout mainland Australia and Tasmania. The locations of the Zones are subject to change. This information is provided to NBN Co by the Managed Service Provider. NBN Co will use reasonable endeavours to update the Customer of any changes notified to it by the Managed Service Provider.

Notwithstanding the following map or anything else in this Annexure 1, Customer agrees that NBN Co may determine, in its sole and absolute discretion, whether a location is located within Zone 1, Zone 2, Zone 3 or Zone 4.

Urban (Zone 1): means any region within the areas marked as ‘1’ in the above map, which in NBN Co’s reasonable opinion can be readily accessible by road and do not require to be reached by air or sea.

Rural (Zone 2): means any region within the areas marked as ‘2’ in the above map, which in NBN Co’s reasonable opinion can be readily accessible by road and does not require to be reached by air or sea.

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Remote (Zone 3): means any region within the areas marked as ‘3’ in the above map, which in NBN Co’s reasonable opinion can be readily accessible by road and does not require air or sea access.

Very Remote (Zone 4) means areas that are in NBN Co’s reasonable opinion not able to be readily accessible by road and requires to be reached by air or sea.

Note: Coastal islands are outside of Zone 1 and Zone 2.

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Satellite Price List

RELEASE 3.2

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1 Introduction

1.1 Satellite Wholesale Broadband Agreement

This document constitutes the Price List for the purposes of the Satellite Wholesale Broadband Agreement.

1.2 Charges are GST exclusive

All charges in this Satellite Price List are quoted exclusive of GST.

1.3 References to download and upload speeds

References to download and upload speeds in this Satellite Price List are to the maximum peak speeds that the NBN Co Satellite Network is designed to make available to the Premises. The speeds actually experienced by Downstream Customers and End Users will depend upon a number of factors including:

(a) the contention ratios that are determined by Customer;

(b) the equipment that is used by Customer, Downstream Customers and End Users;

(c) the nature and quality of the Customer Product and/or Downstream Product acquired by Downstream Customers;

(d) the number of simultaneous End Users using the relevant Customer Product or Downstream Product;

(e) the nature and quality of the connection at the relevant Premises; and

(f) the applications run by End Users.

1.4 Definitions

A capitalised term used in this Price List has the meaning given to that term in this Price List.

If a capitalised term is not defined in this Price List, it has the meaning given to that term in the Satellite Wholesale Broadband Agreement Modules or the Satellite WBA Product Catalogue, as the case may be.

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2 Recurring Charges for the ISS

2.1 AVC TC-4 (including UNI) Recurring Charges

AVC TC-4 downstream Mbps (PIR)

AVC TC-4 upstream Mbps (PIR)

AVC TC-4 (including UNI) Recurring Charge

Validity Period

6 1 $24 1/5/2012 to 30/6/2017

Table 1: AVC TC-4 Recurring Charges

(a) The AVC TC-4 (including UNI) Recurring Charges are recurring charges that are incurred by Customer in respect of each Billing Period (or part thereof) in which a UNI and AVC TC-4 is made available by NBN Co to Customer.

(b) The AVC TC-4 (including UNI) Recurring Charges are inclusive of an optional acquisition of a 60kbps TC-1 (CIR) that will be mapped to the UNI, in which case:

i the 60Kbps TC- 1 (CIR) Data Transfer Rate will be provided through the same AVC as the corresponding TC-4 Data Transfer Rate is provided;

ii the 60Kbps TC-1 (CIR) Data Transfer Rate will be included within the overall corresponding TC-4 Data Transfer Rate; and

iii the AVC will be mapped to the UNI on the NTD at the relevant Premises.

(c) Where, in relation to an AVC, Customer chooses to acquire the 60 Kbps TC-1 (CIR) described in section 2.1(d), the AVC TC-4 (including UNI) Recurring Charges will be presented in the invoice for that Billing Period with additional Charges and credits included as follows:

i a recurring Charge will be presented in the invoice as the Charge applying in respect of the AVC TC-1 (CIR) Data Transfer Rate as per the table in section 2.1(d), “AVC TC-1 Recurring Charges”; and

ii a credit equivalent to the recurring Charge for 60 Kbps TC-1 (CIR) Data Transfer Rate set out in section 2.1(d).

(d) AVC TC-1 Recurring Charges:

AVC TC-1 symmetrical Mbps (CIR)

AVC TC-1 Recurring Charge

Validity Period

0.06 $4.00 1/11/2012 to 30/06/2013

Table 2: AVC TC-1 Recurring Charges

i Where Customer orders an AVC TC-4 (including UNI), Customer may optionally order a AVC TC-1 Data Transfer Rate that maps to that

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UNI. The AVC TC-1 Data Transfer Rate will be included in the overall AVC TC-4 Data Transfer Rate. By way of example only, if:

A Customer orders an AVC TC-4 Data Transfer Rate of 6 Mbps downstream and 1 Mbps upstream;

B Customer orders an AVC TC-1 Data Transfer Rate of 0.06 Mbps downstream and 0.06 Mbps upstream; and

C in its order, Customer specifies that the AVC TC-4 Data Transfer Rate and the AVC TC-1 Data Transfer Rate are to be mapped to the same UNI,

then NBN Co will supply:

D the 0.06 Mbps downstream AVC TC-1 (CIR) Data Transfer Rate within the 6 Mbps AVC TC-4 (PIR) Data Transfer Rate; and

E the 0.06 Mbps upstream AVC TC-1 (CIR) Data Transfer Rate within the 1 Mbps AVC TC-4 (PIR) Data Transfer Rate.

ii The AVC TC-1 Recurring Charges are Charges that are incurred by Customer in respect of each Billing Period (or part thereof) in which an AVC TC-1 is supplied by NBN Co to Customer (an AVC TC-1 Recurring Charge).

iii Where incurred by Customer in respect of a Billing Period, AVC TC-1 Recurring Charges will be presented in the invoice for that Billing Period (or part thereof) in the section which sets out the associated AVC TC-4 (including UNI) Recurring Charges).

(e) Data Transfer Rate means the average number of bits per second transferred from a data source to a data destination.

2.2 CVC TC-1 Recurring Charges

CVC TC-1 symmetrical Mbps (CIR)

CVC TC-1 Recurring Charge

5 $87.50 10 $175.00 20 $350.00 50 $875.00 100 $1,750.00 Table 3: CVC TC-1 Recurring Charges

The CVC TC-1 Recurring Charges are charges that are incurred by Customer in respect of each Billing Period (or part thereof) in which a CVC TC-1 is made available by NBN Co to Customer.

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2.3 CVC TC-4 Recurring Charges

CVC TC-4 Download Mbps (CIR)

CVC TC-4 Recurring Charge

Validity Period

1 (Customised CVC) $17.50 1/2/2015 to 30/7/2017

20 $350.00

1/2/2015 to 30/7/2017

50 $875.00

1/2/2015 to 30/7/2017

100 $1,750.00

1/2/2015 to 30/7/2017

150 $2,625.00

1/2/2015 to 30/7/2017

200 $3,500.00

1/2/2015 to 30/7/2017

250 $4,375.00

1/2/2015 to 30/7/2017

300 $5,250.00

1/2/2015 to 30/7/2017

Table 4: CVC TC-4 Recurring Charges.

(a) The CVC TC-4 Recurring Charges are charges that are incurred by Customer in respect of each Billing Period (or part thereof) in which a CVC TC-4 is made available by NBN Co to Customer.

(b) If NBN Co supplies a CVC with a customised CVC Bandwidth Profile as permitted by the ISS Product Description, NBN Co will pro-rate the charge based on a unit price of $17.50 for every 1 Mbps of customised CVC Bandwidth Profile supplied based on the charges in Table 4. For example, the charge for a minimum 40 kbps (0.04 Mbps) increment of CVC capacity will be prorated to $0.70.

2.4 CVC credits

(a) Subject to sections 2.4(b) and 2.4(c), in respect of every Primary UNI & Associated AVC within a CSA that is provided by NBN Co to Customer as at the start of each Billing Period, NBN Co will credit to Customer an amount per Billing Period in respect of each of those Primary UNI & Associated AVC within that CSA (in this section 2.4, the credit amount). The credit amount is equal to the charge that would otherwise apply to the supply of a 50kbps CVC based on then-current CVC pricing per Mbps. (For example, if CVC pricing per Mbps at the relevant time is $17.50, then the credit amount will be $0.875.) In respect of every Primary UNI & Associated AVC within a CSA, NBN Co will ensure that the credit amount is deducted from the total amount payable by Customer to NBN Co in respect of all of the CVCs for that CSA which are provided by NBN Co to Customer as at the start of that Billing Period (and that the relevant invoice is adjusted accordingly).

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(b) In respect of the credit amount that applies to all of the CVCs for a CSA which are provided by NBN Co to Customer pursuant to section 2.4, the credit amount will be capped at, and will not exceed, the total recurring charges that apply in respect of all of the CVCs for that CSA which are provided by NBN Co to Customer.

(c) NBN Co may review the operation and/or continuation of this section 2.4 as it applies in respect of the period after 30 June 2013. If NBN Co wishes to vary or discontinue the operation of this section 2.4 as it applies in respect of the period after 30 June 2013, NBN Co will provide notice to Customer of that variation or discontinuation in accordance with the provisions of the Satellite Wholesale Broadband Agreement Modules.

(d) For the purposes of this section 2.4, Primary UNI & Associated AVC means the primary UNI and associated AVC that is made available by NBN Co to Customer in respect of an NTD. In respect of each NTD, there is, and can only be, one Primary UNI & Associated AVC per Customer.

2.5 NNI Bearer Recurring Charges

NNI Bearer Profiles

NNI Bearer Recurring Charge

Validity Period

1000BaseLX $200 1/5/2012 to 30/7/2017

1000BaseT $200 1/5/2012 to 30/7/2017

Table54: NNI Bearer Recurring Charges

(a) The NNI Bearer Recurring Charges are charges that are incurred by Customer in respect of each Billing Period (or part thereof) in which an NNI is made available by NBN Co to Customer.

(b) The Product Technical Specification - Interim Satellite Service provides further information regarding NNI bearers.

3 Ancillary Charges

3.1 Installations and activations

Activity Chargeable unit Charge Validity Period

Initial Standard Installation

Per installation $0 (Travel Charges may apply in accordance with section 4 of this Price List)

1/5/2012 to expiry of Term

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Activity Chargeable unit Charge Validity Period

Initial Non Standard Installation

Time and materials*

Hourly Labour Rate plus cost of materials (subject to section 3.1(a) below) (Travel Charges may apply in accordance with section 4 of this Price List)

1/5/2012 to 31/12/2012

Subsequent Installation Time and materials*

$270 plus Hourly Labour Rate plus cost of materials (subject to section 3.1(b) below) (Travel Charges may apply in accordance with section 4 of this Price List)

1/5/2012 to 31/12/2012

CVC Setup / Activation Per activation $0 1/5/2012 to expiry of Term

NNI 1000BaseLX Setup Per activation $1,000 1/5/2012 to 31/12/2012

NNI 1000BaseT) Setup Per activation $1,000 1/5/2012 to 31/12/2012

Table 6: Installations and activations charges. *Time & Materials charges will apply to onsite works including, but not limited to, fencing, trenching, cement footings, asbestos removal, lifting cranes and scaffolding.

(a) For the purposes of the Charges for Initial Non Standard Installations:

i the Charges will only be incurred if Customer or the relevant Eligible End User or Customer’s authorised representative has consented to the details of a quote provided by NBN Co in respect of that Initial Non Standard Installation;

ii the Charges will only be incurred by Customer in respect of the labour and materials that NBN Co considers are additional to the labour and materials that would have been required if the Installation were considered to be an Initial Standard Installation; and

iii the Charges incurred by Customer will be rounded up to the nearest full hour of labour required to perform the Initial Non Standard Installation.

(b) For the purposes of the Charges for Subsequent Installations:

i the Charges will only be incurred if Customer or the relevant Eligible End User or Customer’s authorised representative has consented to the

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details of a quote provided by NBN Co in respect of that Subsequent Installation;

ii the Charges will only be incurred by Customer in respect of the labour and materials that NBN Co considers are additional to the labour and materials that would have been required if the Installation were considered to be an Initial Standard Installation;

iii the Charges incurred by Customer will be rounded up to the nearest full hour of labour required to perform the Subsequent Installation; and

iv the minimum amount of the Charge incurred by Customer is $270.

(c) For the purposes of the table set out above:

CVC Setup / Activation means the setup and activation of a CVC to be made available by NBN Co to Customer.

Hourly Labour Rate means $75 per hour for each of the total number of man-hours of labour required to perform the relevant activity (rounded up to the next full hour).

Initial Non Standard Installation means a Non Standard Installation that is the first Installation performed by NBN Co (or an Installer) in respect of a Premises.

Initial Standard Installation means a Standard Installation that is the first Installation performed by NBN Co (or an Installer) in respect of a Premises.

Installation means, in relation to the Interim Satellite Service:

i the installation and make ready for service of the NBN Co Equipment by NBN Co (or an Installer) at a Premises; or

ii the installation, make ready for service and activation of the NBN Co Equipment by NBN Co (or an Installer) at a Premises.

Installer has the meaning given to that term in Annexure 1 to this Satellite Price List.

Non Standard Installation means an Installation where:

i the conditions set out in section 1 of Annexure 1 to this Satellite Price List are not satisfied; or

ii the installation is otherwise considered to be a “non standard installation” in accordance with section 2 of Annexure 1 to this Satellite Price List.

NNI 1000BaseLX Setup means the setup and activation of an NNI 1000BaseLX to be made available by NBN Co to Customer.

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NNI 1000BaseT ) Setup means the setup and activation of an NNI 1000BaseT to be made available by NBN Co to Customer.

Standard Installation means an Installation where:

i the conditions set out in section 1 of Annexure 1 to this Satellite Price List are satisfied; and

ii the installation is not otherwise considered to be a “non standard installation” in accordance with section 2 of Annexure 1 to this Satellite Price List.

Subsequent Installation means any:

i Standard Installation performed by NBN Co (or an Installer) in respect of a Premises that is not an Initial Standard Installation; or

ii Non Standard Installation performed by NBN Co (or an Installer) in respect of a Premises that is not an Initial Non Standard Installation.

Travel Charges means the charges described in section 4 of this Satellite Price List.

3.2 Service modification

Activity Chargeable unit

Charge Travel Charges apply? Validity Period

AVC Modification

Per modification

$0 If site visit required

Travel Charges may apply in accordance with section 4 of this Price List

1/5/2012 to expiry of Term

If no site visit required

No

AVC Activation on existing equipment

Per event $0 If site visit required

Travel Charges may apply in accordance with section 4 of this Price List

1/5/2012 to expiry of Term

If no site visit required

No

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Activity Chargeable unit

Charge Travel Charges apply? Validity Period

CVC Modification

Per event $0 No 1/5/2012 to expiry of Term

NNI Modification

Per event $0 No 1/5/2012 to expiry of Term

Rearrangement / Modification

Time and materials*

Hourly Labour Rate plus cost of materials

Travel Charges may apply in accordance with section 4 of this Price List

1/5/2012 to 31/12/2012

Equipment Removal

Time and materials*

Hourly Labour Rate plus cost of materials

Travel Charges may apply in accordance with section 4 of this Price List

1/5/2012 to 31/12/2012

Equipment Repair

Time and materials*

Hourly Labour Rate plus cost of materials

Travel Charges may apply in accordance with section 4 of this Price List

1/5/2012 to 31/12/2012

Table 7: Service modification charges. * Time & Materials charges will apply to onsite works including, but not limited to, fencing, trenching, cement footings, asbestos removal, lifting cranes and scaffolding.

(a) For the purposes of the table set out above:

AVC Activation on existing equipment means the activation of an AVC and existing NBN Co Equipment at a Premises where a NTD has been connected in accordance with the NBN Co Satellite Operations Manual.

AVC Modification means the modification of the bandwidth or Traffic Class of an AVC made available by NBN Co to Customer in respect of a Premises where Customer has validly requested that modification be performed in accordance with the NBN Co Satellite Operations Manual.

CVC Modification means the modification of the bandwidth of a CVC made available by NBN Co to Customer in respect of a CSA where Customer has validly requested that modification be performed in accordance with the NBN Co Satellite Operations Manual.

Equipment Removal means the removal of any equipment, including NBN Co Equipment, that is installed or located at or near a Premises where Customer has validly requested that NBN Co remove that equipment in accordance with the NBN Co Satellite Operations Manual.

Equipment Repair means the repair of any NBN Co Equipment that is installed or located at or near a Premises where Customer has validly requested that NBN

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Co repair that NBN Co Equipment, except for repairs of any NBN Co Equipment where NBN Co reasonably considers that an act or omission of Customer (or any End User) has caused the loss, theft or damage to that NBN Co Equipment which has given rise for the need to perform those repairs (in which case, clause C6.3 of the Satellite Wholesale Broadband Agreement Modules will apply).

Hourly Labour Rate means $75 per hour for each of the total number of man-hours of labour required to perform the relevant activity (rounded up to the next full hour).

NNI Modification means the modification of the configuration of an NNI which NBN Co supplies to Customer in respect of a POI where Customer has validly requested that modification be performed in accordance with the NBN Co Satellite Operations Manual.

Rearrangement / Modification means the rearrangement or modification of any NBN Co Equipment that is installed or located at or near a Premises where Customer has validly requested that NBN Co rearrange or modify that NBN Co Equipment in accordance with the NBN Co Satellite Operations Manual.

Travel Charges means the charges described in section 4 of this Satellite Price List.

(b) For the purposes of the Charges for:

i Rearrangement / Modification;

ii Equipment Removal; and

iii Equipment Repair,

the Charges incurred by Customer will be rounded up to the nearest full hour of labour required to perform the Rearrangement / Modification, Equipment Removal or Equipment Repair (as the case may be).

3.3 Service management

Activity Chargeable unit

Charge Travel Charges apply Validity Period

On Site Maintenance Call Out

Per event $0 No 1/5/2012 to expiry of Term

No Fault Found (No Truck Roll Required)

Per event $50 No 1/5/2012 to 31/12/2012

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Activity Chargeable unit

Charge Travel Charges apply Validity Period

No Fault Found (Truck Roll Required)

Time and Material*

$150 (inclusive of 2 hours labour) Plus Hourly Labour Rate for each hour in excess of 2 hours.

Yes (if work needs to be performed within Zone 3 or Zone 4)

1/5/2012 to 31/12/2012

Late Cancellation (Site Visit Required)

Per event $0 Yes (if work was to be performed within Zone 3 or Zone 4)

1/5/2012 to expiry of Term

Missed Appointment

Per event $0 Yes (if work was to be performed within Zone 3 or Zone 4)

1/5/2012 to expiry of Term

Table 8: Service management charges

(a) For the purposes of the table set out above:

Hourly Labour Rate means $75 per hour for each of the total number of man-hours of labour required to perform the relevant activity (rounded up to the next full hour).

Late Cancellation (Site Visit Required) means the cancellation of a request by Customer for the performance of an activity that requires NBN Co to attend the Premises where that cancellation occurs after NBN Co has dispatched NBN Co Personnel for the purposes of fulfilling that request.

Missed Appointment means that when a technician has visited a premises at the scheduled time of the appointment and the Eligible End User or their representative (who is 18 years or over) was not present for the work to occur such as Installation, on site survey or On Site Maintenance Call Out.

No Fault Found (No Truck Roll Required) means the investigation of a Fault that is reported by Customer to NBN Co which NBN Co determines, acting reasonably, is not an NBN Fault where NBN Co Personnel have not attended the suspected location of the suspected cause of that alleged NBN Fault for the purposes of investigating and/or rectifying that alleged NBN Fault.

No Fault Found (Truck Roll Required) means the investigation of a Fault that is reported by Customer to NBN Co which NBN Co determines, acting reasonably, is not an NBN Fault where NBN Co Personnel have attended the suspected location of the suspected cause of that alleged NBN Fault for the purposes of investigating and/or rectifying that alleged NBN Fault.

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On Site Maintenance Call Out means the performance of works by NBN Co Personnel to rectify a reported NBN Fault that requires NBN Co Personnel to attend the location of the cause of that reported NBN Fault for the purposes of rectifying that reported NBN Fault.

Travel Charges means the charges described in section 4 of this Satellite Price List.

(b) NBN Co will not charge Customer the “Late Cancellation (Site Visit Required)” Charge on or before 30 November 2012 in respect of any Access Component Connection appointments that are made and cancelled by Customer in respect of a calendar month, provided that Customer has cancelled less than 10% of all Access Component Connection appointments made by Customer in respect of that calendar month. If, however, Customer cancels 10% or more of all Access Component Connection appointments made by Customer in respect of that calendar month, NBN Co reserves the right to charge Customer the “Late Cancellation (Site Visit Required)” Charge (at the rate that applies at the start of that calendar month) in respect of any Access Component Connection appointments made and cancelled by Customer which are equal to or exceed the 10% threshold.

(c) NBN Co will not charge Customer the “No Fault Found (Truck Roll Required)” Charge on or before 30 November 2012 in respect of any ISS-related faults that are reported by Customer to NBN Co in a calendar month and are determined by NBN Co (acting reasonably) not to be NBN Faults, provided that less than 10% of all ISS-related faults reported by Customer to NBN Co in that calendar month are determined by NBN Co (acting reasonably) not to be NBN Faults. If, however, 10 % or more of all ISS-related faults that are reported by Customer to NBN Co in a calendar month are determined by NBN Co (acting reasonably) not to be NBN Faults, then NBN Co reserves the right to charge Customer the “No Fault Found (Truck Roll Required)” Charge in respect of any ISS-related faults that are reported by Customer to NBN Co in that calendar month that are determined by NBN Co not to be NBN Faults which are equal to or exceed the 10% threshold.

(d) Any “No Fault Found (Truck Roll Required)” Charge incurred by Customer will be rounded up to the nearest full hour of labour required to perform the relevant activities.

4 Travel Charges relating to Ancillary Charges

(a) The travel Charges set out in the following table apply to specified Ancillary Charges set out in section 3 of this Price List (Travel Charges):

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Description Travel Charge (excluding GST)

Validity Period

Premises or site at which work is to be performed is located within Zone 3 and 100kms or more by road from the nearest Field Staff Depot

$3/km for each km by road in excess of 100kms by road from the nearest Field Staff Depot

1/5/2012 to expiry of Term

Premises is located within Zone 4 As quoted by NBN Co on a case-by-case basis

1/5/2012 to expiry of Term

Overnight Accommodation Travel Cost

$150/night 1/5/2012 to expiry of Term

Table 9: Travel Charges

(b) For the purposes of Table 9:

Field Staff Depot means a depot operated by the Managed Service Provider or its Personnel, as more particularly described in Annexure 2 of this Satellite Price List.

5 Other Discounts, Credits and Rebates

5.1 Discount/Credit/Rebate Notice

(a) Without limiting any other part of this Agreement, NBN Co may offer a Discount, Credit or Rebate to Customer from time to time by issuing a notice substantially in the form of Annexure 3 in accordance with this section 5 (a Discount/Credit/Rebate Notice).

(b) A Discount, Credit or Rebate offered under this section 5 is available from the commencement date set out in the Discount/Credit/Rebate Notice and will cease to be available on the earlier of:

i the expiry date for the Discount, Credit or Rebate set out in the Discount/Credit/Rebate Notice; or

ii expiry or termination of this Agreement.

5.2 Payment of Discounts, Credits or Rebates

(a) NBN Co will give a Discount, Credit or Rebate to Customer in accordance with the relevant Discount/Credit/Rebate Notice.

(b) Unless otherwise provided in the Discount/Credit/Rebate Notice, Customer must submit a claim for a Discount, Credit or Rebate within 6 months after the date on which Customer became eligible for that Discount, Credit or Rebate in accordance with the processes outlined in the Discount/Credit/Rebate Notice.

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(c) NBN Co is not obliged to pay any Discount, Credit or Rebate to Customer unless Customer complies with this section 5 and the Discount/Credit/Rebate Notice.

5.3 Changes to Rebates notified under a Discount/Credit/Rebate Notice

Notwithstanding clause F4 of the Head Terms:

(a) subject to section 5.3(b), NBN Co may amend a Discount, Credit or Rebate notified under a Discount/Credit/Rebate Notice by giving Customer 5 Business Days prior notice of the change; and

(b) NBN Co may change the amount of any Discount, Credit or Rebate payable under a Discount/Credit/Rebate Notice, suspend or withdraw, or reinstate a suspended or withdrawn Discount, Credit or Rebate at any time by giving 5 Business Days prior notice to Customer,

or as otherwise may be provided for in the Discount/Credit/Rebate Notice (as applicable).

6 Interpretation

6.1 Discounts

Unless specified otherwise in respect of a specific Discount, each Discount offered by NBN Co to Customer in respect of a Charge or other amount payable by Customer to NBN Co under this Agreement will cease to apply on the earlier of:

(a) the date on which the specific Discount is expressed in this Agreement to cease to apply; and

(b) the Expiry Date.

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Annexure 1 Standard and Non Standard Installation

1 Standard Installation

An installation will be considered to be a Standard Installation in respect of a Premises where each of the following conditions is satisfied:

(a) all NBN Co Equipment in respect of that Premises is able to be installed during an Appointment in Standard Hours and activated during Standard Hours;

(b) NBN Co (or the Installer):

i has been provided with necessary rights of access to the Premises, as required under the Satellite Wholesale Broadband Agreement;

ii is given access to the Common Property, if required by NBN Co, and

iii is given access to the Premises, if required,

at the time during the Appointment to perform and complete the installation of the NBN Co Equipment at that Premises (including any necessary inspection or related works);

(c) in respect of the Installation:

i the Premises is located on mainland Australia or Tasmania;

ii the antenna installed on the Premises has an unobstructed view to the relevant satellite utilised by the NBN Co Satellite Network;

iii the Premises, in NBN Co’s opinion, is reasonably accessible by road and is located in Zones 1, 2 or 3;

iv (if relevant) NBN Co (or the Installer) determines that it is necessary to install an antenna up to 1.8m at the Premises, including a cement pad and pole;

v (if relevant) NBN Co (or the Installer) determines that it is necessary to install a 1.2m antenna at the Premises, and the building is structurally sound to support either a roof, gutter, wall or pole mount;

vi the Premises is no higher than a double-storey building, and is free of asbestos or other dangerous materials;

vii the outdoor unit required is 4W or 10W (and no larger);

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viii the cable run distance measured between the outdoor unit and the indoor unit is no more than 30 meters in length; and

ix the Eligible End User provides reliable, 12 or 24 Volts DC or Australian standard 240 Volts AC power supply to the NBN Co Equipment as relevant.

2 Non Standard Installation

Notwithstanding anything in section 1 of this Annexure 1, an installation will be considered to be a Non Standard Installation in respect of a Premises if NBN Co (or the Installer) determines, acting reasonably, that the installation of the NBN Co Equipment at the Premises does not properly constitute a “standard installation”, having regard to the following:

(a) generally accepted industry practices and any applicable industry guidelines, policies, laws, regulations or directions;

(b) the level of complexity and difficulty associated with the installation;

(c) the uniqueness of the circumstances associated with the installation; and

(d) the presence of obstacles, dangers or other safety concerns during the time of installation.

(e) requiring an antenna larger than 1.8m in size; and

(f) requiring an outdoor unit larger than 10W.

3 Safety standards and procedures acknowledgement

The parties acknowledge that NBN Co will conduct all installations in accordance with safety standards or procedures that apply from time to time.

4 Dictionary

For the purposes of this Annexure 1 of this Satellite Price List: Appointment means the appointment period in which the Installer will perform the installation and activation of the NBN Co Equipment at a Premises in connection with the supply of a Product, including:

(a) any initial appointment for the installation of the NBN Co Equipment at the Premises; and

(b) any subsequent appointment required to perform or complete the installation of the NBN Co equipment at the Premises.

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Common Property means any real property or part thereof which is owned or managed by a third party strata body, managing corporation or other similar entity, or which is otherwise common to, accessible by, or shared between, two or more separately owned or occupied Premises to which NBN Co may require access to perform an installation and/or activation of NBN Co Equipment at a Premises in connection with the supply of a Product.

Installer means a person authorised by, or on behalf of, NBN Co to install and make the NBN Co Equipment at a Premises ready for service.

Standard Hours means a period between 9:00 am and 5:00 pm, Monday to Friday, excluding public holidays in the state or territory in which the Premises is located.

Zone has the meaning given to that term in section 7.2 of the Satellite Service Levels Schedule.

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Annexure 2 Current Field Staff Depots

The location of current Field Staff Depots are set out below:

Location Latitude Longitude Alice Springs -23.700358 133.880889 Broome -17.9552737 122.2353124 Broken Hill -31.97483703 141.4411408 Cable Beach -17.96231 122.21854 Carnarvon -24.88 113.67 Condobolin -31.54 147.18 Esperance -33.84046853 121.8999725 Forrester Park -28.716184 114.646196 Geraldton -28.78 114.61 Katherine -14.47 132.26 Kalgoorlie -30.73597 121.47089 Kununurra -15.773903 128.73897 Longreach -23.44675 144.25898 Mount Isa -20.74497 139.50263 Walgett -30.0325 148.1172

Notes:

(a) The locations of Field Staff Depots are subject to change. This information is provided to NBN Co by the Managed Service Provider. NBN Co will use reasonable endeavours to update the Customer on any changes notified to it by the Managed Service Provider.

(b) For the avoidance of doubt, to the extent that any of these locations are incorrectly described (or are not updated, whether due to an NBN Co act or omission, or otherwise), the applicability of the Travel Charges described in section 4 of the Satellite Price List will be assessed using the actual/correct locations of the Field Staff Depots at the date of assessment.

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Annexure 3

Discount/Credit/Rebate name: [insert] Date: [insert]

This Discount/Credit/Rebate Notice is provided to Customer in accordance with the Satellite Wholesale Broadband Agreement entered into between NBN Co and Customer.

1. Background

1.1 [Brief overview/rationale for Discount/Credit/Rebate]

2. Discount/Credit/Rebate

2.1 [Description of the Discount/Credit/Rebate, how Discount/Credit/Rebate is calculated, commencement/expiry date of the Discount/Credit/Rebate, any Ordered Product to which the Discount/Credit/Rebate relates]

3. Availability of Discount/Credit/Rebate

3.1 [Criteria Customer must satisfy to be eligible for the Discount/Credit/Rebate]

4. Process to claim or receive Discount/Credit/Rebate

4.1 [Steps (if any) Customer must take to claim or receive Discount/Credit/Rebate, how NBN Co will assess claims for Discount/Credit/Rebates, how and when the Discount/Credit/Rebate will be paid to Customer]

5. Special terms

5.1 [Any special terms applicable to the Discount/Credit/Rebate]

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Product Technical Specification – Interim Satellite Service

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[Note to Customers: See separate document.]

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NBN Co Satellite Operations Manual

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[Note to Customers: See separate document.]