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5. APPLICATIONS FOR A PERMIT TO CONNECT 5.1 Applicants Applications for Permits to Connect will be accepted only from companies registered in New Zealand or from persons normally resident in New Zealand. Overseas-based companies are required to appoint a New Zealand agent to make any applications and give undertakings to meet the conditions under which a PTC has been granted. 5.2 Correspondence 5.2.1 Permits to Connect are granted by Telecom Head Office and all related correspondence, including notices and queries, should be addressed to: Telecom New Zealand Limited P O Box 570 WELLINGTON 5.2.2 All correspondence including notices relating to PTCs from Telecom to the applicant will be posted or sent to the address given by the applicant for such correspondence and shall be deemed to be received by the applicant or holder on the date that such postal or other communications would usually have been delivered in the normal course of post or sending. 5.3 Applications 5.3.1 All formal applications for a PTC including test reports and other documents provided in support of the application shall be in writing in the English language. Except where the applicant requests Telecom to carry out testing, applications shall be accompanied by all of the following:- (1) A completed "Application for Telecom Telepermit" form, with a signed Declaration by the applicant undertaking to comply with the conditions of this Specification and any additional conditions applicable to the grant of a PTC, all necessary details of the Applicant and, where applicable, details of the Applicant's agent; (2) Either colour photographs of the exterior and interior of the equipment in sufficient detail for the particular model to be clearly identified from those photographs or, where requested by Telecom, an actual sample of the equipment concerned and a statement to the effect that Telecom may retain that sample for records purposes; (3) A copy of the Marketing Brochure for the equipment concerned; (4) A User Manual or Instruction Sheet, as supplied to end users, including a complete set of operating instructions and any instructions for setting up the equipment by means of software; (5) An Electrical Safety Test Report, issued by a Recognised Testing Authority, confirming compliance with the appropriate electrical safety standard; (6) One or more Test Reports, as necessary, formally issued by a Recognised Testing Authority, confirming that testing has been carried out in accordance with the appropriate PTC Specifications for the equipment concerned and that the equipment complies with those Specifications; (7) Where the owner of any Test Report submitted as part of a PTC application is not the applicant, the applicant shall submit for each such Test Report a Letter of Authorisation from the owner, clearly stating the owner's agreement to the use of that Test Report by the applicant for the purposes of gaining a PTC; (8) From 1 January 1999 and until further notice by Telecom, all applications shall include a statement from the manufacturer of the equipment concerned defining the Year 2000 compliance of that equipment in accordance with the requirements of clause 11.8. 5.3.2 All formal applications for a PTC where the applicant wishes Telecom to carry out any testing shall be subject to clause 5.5 and shall be accompanied by all the following:- (1) All documents, letters and items required under clause 5.3.1, save for those certificates and test results under clause 5.3.1(7) and (8) which the applicant wishes to obtain from Telecom. (2) A written request to Telecom to carry out the specific testing required by the applicant. (3) Either the full quantity of samples as defined by the appropriate technical requirements Specification, or agreement to provide access to those samples at an agreed location and to pay any associated transport and accommodation costs. (4) A description and comprehensive technical data on the equipment. This information shall include sufficient detail such that Telecom can fully assess the performance of the equipment in relation to the network to which it is to be connected. (5) (a) Either a set of circuit diagrams and a circuit description or, (b) where proprietary information is involved, the supplier may make written application and justification to supply only the network interface data to Telecom. (6) All technical information and circuit diagrams necessary for the test personnel to understand the operation of the equipment concerned, set it up correctly and check its correct operation under the range of network conditions specified. (7) Any evidence of process capability or manufacturing performance as required by the relevant technical Specifications. (8) Any relevant test certificates and test results which can be made available from other telecommunications laboratories and which could reduce the need for Telecom to carry out a complete test programme. 5.4 Fees (1) A fee shall be charged for a PTC application. The amount of fee will vary according to Telecom's costs in handling the application. (2) An additional fee will be charged to cover the costs incurred by Telecom in carrying out any testing at the request of the applicant or holder and providing the necessary supporting documentation for the application. (3) Telecom will notify the applicant of Telecom's fees in processing the PTC application. Such notification will be given following the initial assessment or at the completion of PTC application procedures. (4) The fees are payable within two weeks of the notification of the amount by Telecom. (5) The fee remains payable and, once paid, shall not be refunded should the equipment fail to meet the specified requirements and not be granted the PTC. Should the equipment be resubmitted for a grant of a PTC a further fee shall be payable. (6) The PTC shall not be granted until the fee has been paid in full. (7) Telecom may decline to accept any further PTC applications by a PTC holder or applicant where the PTC holder or applicant has not fully paid Telecom previous PTC fees or charges. 5.5.1 Telecom may comply with a request to carry out testing of equipment on behalf of any other person or organisation. Such testing shall be subject to the availability of Telecom's specialist facilities. 5.5.2 Telecom shall not be liable for any loss or damage caused as a result of testing any equipment, whether such testing is undertaken at the request of the applicant or holder or is undertaken as part of any confirmatory tests at the discretion of Telecom. 5.6 Samples 5.6.1 Use of samples Any sample of the equipment which is to be submitted may be used by Telecom to verify the test results provided with the application. In general, only spot checks are likely to be carried out as a simple confirmation of the results, but should there be any reason to check the validity of the whole test programme the applicant will be advised before such work is commenced. If required for testing purposes, applicants shall provide more than one sample. 5.6.2 Return of samples Telecom shall not be liable for any samples which are lost or damaged in transit. In some cases one or more samples may be retained for record purposes as agreed between the applicant and Telecom. Where this is not the case, samples will be returned to the applicant "freight forward" and Telecom's responsibility shall cease as soon as any samples have been despatched from its premises. 5.6.3 Special packing materials A return mailing address should be included on the inside of the lid of any reusable case or carton supplied for the equipment and needed to ensure safe handling of the equipment during its return to the applicant. 5.7 Retention of information (1) All documentation, other than that submitted for testing purposes under clause 5.3.2, will be retained by Telecom as the record of the application for a PTC, its approval and the conditions of approval. (2) Whether Telecom holds a sample for later reference or holds photographs and drawings for record purposes is subject to agreement between Telecom and the applicant. 5.8 Confidentiality of information Other than for its use in any communications with the Test Authority appointed by an applicant, any information provided in meeting the requirements of this Specification or any other Specifications in the PTC series will not be disclosed to a third party without the express permission of the applicant. 5.9 Disputed results (1) In the event of any dispute or query about test results submitted in support of an application for a PTC, Telecom reserves the right to deal directly with the testing authority which carried out the tests. The applicant will be informed of this. (2) Telecom may require additional testing to be carried out should the information submitted be incomplete. In such cases the applicant shall pay the costs of such testing. (3) Where the results submitted are in dispute and Telecom requires either a re-test or further investigation, the applicant shall pay the costs of such work only where the original results are found to be incorrect or incomplete. (4) Where the applicant disputes the results of testing by a Recognised Testing Authority Telecom will not be under any obligation to act as arbitrator. 6. PERMIT TO CONNECT AUTHORISATION 6.1 PTC notification Telecom will endeavour to give all applicants prompt notification of the results of its consideration of the information and samples submitted. 6.2 Notification of grant On satisfactory compliance with all necessary requirements for applications as specified, Telecom will notify the applicant in writing:- (1) that a PTC has been granted for the equipment under consideration, (2) the date of the grant of the PTC, (3) the unique PTC number to be shown on the Telepermit label, (4) the authority to affix "Telepermit" labels to all equipment identical to that which has been granted the PTC, and (5) any conditions applicable to the future use of the Telepermit label on the equipment. 6.3PTC validity 6.3.1 Options Granting of a PTC means that the equipment may be connected to a Telecom network in the manner specified. At the discretion of Telecom, the PTC may be restricted to be valid for a specified period from the date of the grant, or to apply to a specific batch of the equipment, or to apply to a specific quantity of the equipment, or in some other manner. 6.3.2 Period Certification Unless stated otherwise in the conditions of grant, Telepermits granted after 1 January 1999 will be valid for a period of no more than 5 years. 6.3.3 Authorisation for specific quantity or batch Telecom may restrict the quantity of equipment for which the use of Telepermit labels is authorised, especially for imported equipment which forms only a small part of a production run and is representative of only one batch. However, extension of the authorisation may be granted on request if accompanied by a sample of any later production batch which is to be offered for connection to a Telecom network together with certification by the manufacturer that no significant production changes have been made since the original PTC was granted. The quantities authorised will be dependent on the nature of the equipment and its means of manufacture. Details of the extent of the authorisation will be negotiated with the applicant. Where no changes have occurred the sample will be returned to the applicant. 7 CONTINUING COMPLIANCE PROCEDURES 7.1 Restrictions on design changes (1) Telepermit labels may only be placed on identical copies of the equipment concerned, except where a relaxed design change reporting system as set out below applies. (2) This requirement also applies to all changes from the original design for which the PTC was granted which affect the appearance, facilities, operation, or identification of the equipment concerned. (3) Should any change in the design affecting the compliance of equipment which has already been granted a PTC be contemplated by applicants, other than those participating in the relaxed system, details of the changes shall be submitted to Telecom for determining whether any further testing of the equipment will be required. (4) Equipment to the new design may not be offered for connection to a Telecom network until Telecom has confirmed that the conditions of granting the PTC have not been affected. 7.2 Action to be taken Depending on the significance of the change proposed, Telecom may at its discretion: (a) Agree to extend the PTC granted to cover the change without further testing, or (b) Require confirmation by a Testing Authority that the change does not materially affect compliance before agreeing to extend the PTC granted to cover the change, or (c) Require a new application for a PTC. • Changes may affect electrical safety, telecommunications performance, or both. It may thus be necessary to arrange re-testing to PTC 101 in addition to any tests to the relevant PTC Specification for the equipment concerned. 8.1 Telepermit label format (1) All equipment which is offered as acceptable for connection to a Telecom network must be fitted with the Telepermit label authorised by Telecom. (2) To allow some discretion in the labelling of the equipment, the size of the label is not defined, but the proportions specified by Telecom and the correct colour and shade must be maintained so that Telepermit labels are clearly recognisable as such. (3) The label shall preferably be in white or silver, with the elements of the logo in Telecom Green (Pantone PMS 375) using the standard "Helvetica" fonts shown. (4) Telecom will make official copies of the Telepermit label layouts available to all successful applicants. (5) Provided that the label format and colour requirements are complied with, the Telepermit label may be incorporated within the manufacturer's own product labels as an alternative to the provision of an additional separate label.
8.2 Standard information (1) The Telepermit label shall incorporate all the above wording showing also the make and model of the equipment for which the PTC was granted in the blank space following the word "This". (2) The PTC number to be shown on the Telepermit label is that which is allocated by Telecom in the notification of grant of the PTC and which must be quoted in all correspondence relating to the equipment. 8.3 Display of label (1) The Telepermit label must be attached to the outer case of the equipment where it is clearly visible. • It is recommended that the Telepermit label be affixed to the base, side or rear of the equipment such that it does not impact on the appearance of the item concerned. (2) A permanent adhesive must be used and the label shall not be removable with such little damage that it can without lawful authority be re-affixed to another product. (3) A copy of the "Telepermit" label in full may be displayed on the exterior of packaging and on advertising material for the equipment concerned. 8.4 Use of Telepermit Logo Use of the Telepermit logo on its own is permitted for advertising purposes provided that it is used in relation to equipment which has been granted a PTC or in conjunction with any publicity for the PTC system. The elements which constitute the Telepermit logo are as shown below. The size used for any display is not restricted, but the correct proportions and colour shall be used.
ELEMENTS CONSTITUTING THE TELEPERMIT LOGO 9 TELECOM OBLIGATIONS AND LIABILITIES 9.1 Processing PTC applications Applications for each class of equipment will be dealt with in the order in which they are received. 9.2 Information to be given to applicants (1) Telecom shall provide information as to the costs likely to be incurred in processing any application for a PTC, assuming that the equipment concerned is successful in meeting the full requirements at the first attempt. In addition, Telecom will endeavour to provide an applicant with an indication of the expected time necessary to process the application from the date that all necessary supporting information and samples are submitted. (2) Telecom will provide details of any non-compliance with the requirements of PTC Specifications. (3) Telecom shall not be under any obligation to indicate the actual means of compliance. 9.3 Royalties On receipt of payment for PTC application charges Telecom shall authorise a holder of a PTC to print and issue Telepermit labels to the approved format and shall not levy any additional royalty for the use of the label during the term of the PTC. 9.4 Changes to Specifications (1) Telecom may, at its discretion, alter the requirements of any PTC Specification at any time to comply with changes being made within its network. (2) Where Telecom finds it necessary to make such changes to its Specifications, Telecom shall endeavour to give at least three months prior notice of such changes. (3) Without prejudice to any other means by which Telecom may give the notice required by clause 9.4 (2), that notice shall be deemed to have been given to all holders, applicants, manufacturers, suppliers and customers on its publication in the Access Standards Newsletter. • Network changes significant enough to affect the correct operation of customer premises equipment are usually planned several years in advance and considerably longer than three months notice of such changes will generally be given by Telecom. (4) Such changes to PTC Specifications will not have automatic effect on existing equipment which already holds a PTC. • Clause 10.4 covers the situation where equipment is shown to be causing actual service problems. In such cases it may be necessary to take special measures to deal with one or more particular PTC holders. This is not the general case when Specifications are changed. 9.5 Network changes Telecom shall not be obliged to modify any of its network to accommodate equipment provided by another person or organisation, regardless of whether such equipment holds a PTC, but will consider any suggestions for changes which are shown to be beneficial to all concerned. 9.6 Network Performance Telecom will endeavour to maintain all network services in good operating condition. Nevertheless, Telecom cannot guarantee that network services will not be subject to interruption, nor can Telecom give any assurances as to fault clearance times. 9.7 Limitation of Telecom liabilities (1) Telecom makes no representation or warranty, express or implied, with respect to the sufficiency, accuracy, or utility of any information or opinion contained in this Specification. Telecom expressly advises that any use of or reliance on such information is at the risk of the user. Telecom shall not be liable for any damage or injury incurred by any person or organisation arising out of the sufficiency, accuracy or utility of any such information or opinion. (2) Where equipment not supplied by Telecom is connected to its network Telecom shall in no way be responsible for the correct operation of such equipment or for any malfunction of the equipment due to faults on a Telecom network. (3) Where Telecom exercises its right under this Specification to disconnect from its network any equipment not supplied by it Telecom shall not be liable for any claim or compensation arising from such disconnection. (4) Where faulty operations are experienced on the Telecom network, Telecom shall not be liable for any expenses incurred by it should such faults later be proved to have been due to non- Telecom supplied equipment, or its associated wiring or incorrect operation by a customer. |
