INTRODUCTION
-
Upload
nadine-pena -
Category
Documents
-
view
28 -
download
0
description
Transcript of INTRODUCTION
INTRODUCTION
Agenda
Introduction Keith Mitchinson
History Keith Mitchinson
BT Objectives Mohit Jain
Timetable Mohit Jain
Plan & Storyboard Charles Walker
Dispute Resolution Keith Mitchinson
Novations Charles Walker
Any Other Business -
History
Review Notice
Industry Discussions
Offer to industry May 02
Direction February 03
Revised offer to industry group May 03
Industry discussions June-August
New Directions November 03
Storyboard revised offer to industry group March 04
Objectives of Credit Vetting
BT is willing to accept a degree of commercial risk
BT acknowledges competition is here to stay and does not seek to stifle it via credit vetting
Risk mitigation is essential for corporate governance and compliance with “Turnbull Report”
OFTEL acknowledged the right for BT to be able to carry out credit vets.
Objectives …….2
Historically Bad Debt on Interconnect has been low
Since 2000 levels of Bad Debt have increased – this year alone they amount to tens of million pounds
Ultimately bad debt costs the whole industry
Credit Vetting does NOT change the basic payment terms of 30 days
THE RISK
0
500
1000
1500
2000
2500
0 1 2 3 4 5 6 7 8 9 10 11 12
ABOVE NORMAL RISK
NORMAL/ACCEPTABLE RISK
CREDIT LIMIT
Months
ESTIMATED FINANCIAL COMMITMENT(New Operators)
Will be built into ACO Form
New Call Type Categories
Erlangs Converted into minutes
Minutes Priced at Average quarterly outturns
Turned into Estimated Invoice Values for months 1-4
Process is transparent
ACO SCHEMATICCALL TYPES (BOTH WAYS)
ERLANGS PER CALL TYPE
ERLANGS CONVERTED INTO GROSS MINUTES
GROSS MINUTES CONVERTED INTO NET MINUTES
NET MINUTES PRICED
X X X X X X X X X X
FORMULA-VISIBLE
G G G G G G G G G G
FORMULAE ADJUSTABLE
N N N N N N N N N N
PRICING TABLE (ACTUALS)
£ £ £ £ £ £ £ £ £ £
TOTAL “INVOICE” PERIOD 4 Σ £
EXPECTED INVOICES
P1 P2 P3 P4CALCULATION ON PRE-SETS
FORMULAE ADJUSTABLE
£#1 £#2 £#3 £#4
ACO SCHEMATIC (Example)CALL TYPES (BOTH WAYS)
ERLANGS PER CALL TYPE
ERLANGS CONVERTED INTO GROSS MINUTES
GROSS MINUTES CONVERTED INTO NET MINUTES
NET MINUTES PRICED
15 5
“E” X 24 (hours) X 30 (days)
10,800 3,600
35% 25%
2 ppm 15ppm
£75.60 £135.00
TOTAL “INVOICE” PERIOD 4 £210.60
EXPECTED INVOICES P1 P2 P3 P4
CALCULATION ON PRE-SETSFORMULAE ADJUSTABLE
£26 £55.00 £110.00 £210.60
35% X 10800= 3780 25% X 3600= 900
0 1 2 3 4 5 6 7 8 9 10 11 12
Operator A Forecast
CREDIT
LIMIT
SECURITY NEEDED
Operator B Forecast
Forecast(s) vs. Credit Limit
£0
£100
£200
£300
£400
£500
£600
1 2 3
CREDIT LIMITS
Operator A Forecast
Operator B Forecast Security Needed Operator A
Forecast
Operator A Forecast
Operator B Forecast
Security Needed
Operator B Forecast
Security Needed
MONTHS
CREDIT LIMIT
0
50
100
150
200
1 2 3 4 5 6 7 8 9
Days
Credit Limit
Profile Security
Cumulative Daily Usage, PIV vs. Credit Limit
PROFILE MONITORING
Cum’ve Actual
PIV5% Tolerance
Existing Operators: Credit Vetting
• 2 Payment Period Notices (or 1 PPN + 1 Security Notice) - Profile Monitoring Starts
2 Security Notices: Credit Vetting carried out Profile Monitoring Starts
• If Adverse, Credit Limit Set and possible Security
• If not Adverse, No security required
0
50
100
150
200
1 2 3 4 5 6 7 8 9
Days
Credit Limit
Profile Security
Cumulative Daily Usage, PIV vs. Credit Limit
PROFILE MONITORING
Cum’ve Actual
PIV5% Tolerance
Industry discussion Topics
• Disputes Resolution
• Requirement for 3rd Party appeal for Notices?
• Possibility of Mediation/Conciliation for Type of Security
• Adjudication – proposed by BT (with input from some of industry)
Novation
Working Definition:
“The transfer of the rights and obligations from one party to an Agreement to a third party with the consent of the other (second) party to the original agreement.”
Not a Novation
Company A contracts with Company B. Company A changes it’s name via Companies House to “Z”. This is NOT novation.
Company C takes over the equity of A, but A retains its legal identity. This is NOT novation.
Novation
Company A contracts with Company B. Company C wants to take over the contract from Company A. There is no legal, or shareholding link between A and C. This is a novation.
Company C takes over the equity of A, and thereafter subsumes the business of A and places A into Liquidation. This contract would have to be novated as the contract stays with the original legal entity (the contract could be terminated due to the insolvency of the original party!) This is a novation.
Company A contracts with Company B. Company A is a wholly owned subsidiary of C, who also owns D and E. Following a restructuring, D and E are merged under the identity of E and takes over the business and assets of A. A continues to trade. E wants the contract with B. A novation is required.
Novation Example
C
D E A B
100%
100%
100%
E
Asset
Transfe
r
Mergedcontract
Contract Novated
(with B’s
consent)
Timetable
4th March Story Board Circulated
9th March Industry Presentation
23rd March Comments back from Industry
26th March Briefing at Standard Contract Forum
7th April BT Response with Draft Policy and Contract Text
16th April Further Meeting with Industry Group
23rd April Circulate Final Policy and Contract Text
3rd May Publish Policy