Common use of Access and interconnection Clause in Contracts

Access and interconnection. 1. Each Party shall ensure that any services suppliers authorised to provide electronic communication services shall have the right and obligation to negotiate access and interconnection with suppliers of publicly available electronic communication networks and services. Access and interconnection should, in principle, be agreed on the basis of commercial negotiation between the services suppliers concerned. 2. Each Party shall ensure that services suppliers that acquire information from another supplier during the process of negotiating interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. 3. Each Party shall ensure that upon the finding in accordance with Article 232 of this Agreement that a relevant market is not effectively competitive, the regulatory authority shall have the power to impose on the supplier designated as having significant market power one or more of the following obligations in relation to interconnection and/or access: (a) obligation on non-discrimination to ensure that the operator applies equivalent conditions in equivalent circum­ stances to other suppliers providing equivalent services, and provides services and information to others under the same conditions and of the same quality as it provides for its own services or those of its subsidiaries or partners; (1) Licence fees do not include payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision. (b) obligation of a vertically integrated company to make transparent its wholesale prices and its internal transfer prices, where there is a requirement for non-discrimination or for prevention of unfair cross-subsidy. The regulatory authority may specify the format and accounting methodology to be used; (c) obligations to meet reasonable requests for access to, and use of, specific network elements and associated facilities, including unbundled access to the local loop, inter alia, in situations where the regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level or would not be in the end user's interest. Regulatory authorities may attach conditions covering fairness, reasonableness and timeliness to the obligations included under this point; (d) to provide specified services on a wholesale basis for resale by third parties; to grant open access to technical inter­ faces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; to provide co-location or other forms of facility sharing, including duct, building or mast sharing; to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services; to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; and to interconnect networks or network facilities. Regulatory authorities may attach conditions covering fairness, reasonableness and timeliness to the obligations included under this point; (e) obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obli­ gations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. Regulatory authorities shall take into account the investment made by the operator and allow him a reasonable rate of return on adequate capital employed, taking into account the risks involved; (f) to publish the specific obligations imposed on services suppliers by the regulatory authority identifying the specific product/service and geographical markets. Up-to-date information, provided that it is not confidential and it does not comprise business secrets is made publicly available in a manner that guarantees all interested parties easy access to that information; (g) obligations for transparency requiring operators to make public specified information; in particular, where an operator has obligations of non-discrimination, the regulatory authority may require that operator to publish a refer­ ence offer, which shall be sufficiently unbundled to ensure that services suppliers are not required to pay for facilities which are not necessary for the service requested, giving a description of the relevant offerings broken down into components according to market needs, and the associated terms and conditions, including prices. 4. Each Party shall ensure that a service supplier requesting interconnection with a supplier designated as having significant market power shall have recourse, either at any time or after a reasonable period of time which has been made publicly known, to an independent domestic body, which may be a regulatory body as referred to in Article 231(2)(d) of this Agreement to resolve disputes regarding terms and conditions for interconnection and/or access.

Appears in 3 contracts

Samples: Association Agreement, Association Agreement, Association Agreement

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Access and interconnection. 1. Each Party shall ensure that any services suppliers authorised to provide electronic communication services shall have the right and obligation to negotiate access and interconnection with suppliers of publicly available electronic communication networks and services. Access and interconnection should, should in principle, principle be agreed on the basis of commercial negotiation between the services suppliers concerned. 2. Each Party shall ensure that services suppliers that acquire information from another services supplier during the process of negotiating interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. 3. Each Party shall ensure that upon the finding in accordance with Article 232 105 of this Agreement that a relevant market is not effectively competitive, the regulatory authority shall have the power to impose on the supplier designated as having significant market power one or more of the following obligations in relation to interconnection and/or access: (a) obligation on non-discrimination to ensure that the operator applies equivalent conditions in equivalent circum­ stances circumstances to other suppliers providing equivalent services, and provides services and information to others under the same conditions and of the same quality as it provides for its own services services, or those of its subsidiaries or partners; (1) Licence fees do not include payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision. (b) obligation of a vertically integrated company to make transparent its wholesale prices and its internal transfer prices, where there is a requirement for non-discrimination or for prevention of unfair cross-subsidy. The regulatory authority may specify the format and accounting methodology to be used; (c) obligations to meet reasonable requests for access to, and use of, specific network elements and associated facilities, including unbundled access to the local loop, inter alia, in situations where the regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level level, or would not be in the end user's interest. Regulatory authorities may attach conditions covering fairness, reasonableness and timeliness to the obligations included under this point; (d) to provide specified services on a wholesale basis for resale by third parties; to grant open access to technical inter­ facesinterfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; to provide co-location or other forms of facility sharing, including duct, building or mast sharing; to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services; to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; and to interconnect networks or network facilities. Regulatory authorities may attach conditions covering fairness, reasonableness and timeliness to the obligations included under this point;. (e) obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obli­ gations obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. Regulatory authorities shall take into account the investment made by the operator and allow him the operator a reasonable rate of return on adequate capital employed, taking into account the risks involved; (f) to publish the specific obligations imposed on services suppliers by the regulatory authority identifying the specific product/service and geographical markets. Up-to-date information, provided that it is not confidential and it does not comprise business secrets is made publicly available in a manner that guarantees all interested parties easy access to that information; (g) obligations for transparency requiring operators to make public specified information; information and, in particular, where an operator has obligations of non-discrimination, the regulatory authority regulator may require that operator to publish a refer­ ence reference offer, which shall be sufficiently unbundled to ensure that services suppliers are not required to pay for facilities which are not necessary for the service requested, giving a description of the relevant offerings broken down into components according to market needs, and the associated terms and conditions, conditions including prices. 4. Each Party shall ensure that a service supplier requesting interconnection with a supplier designated as having significant market power shall have recourse, either at any time or after a reasonable period of time which has been made publicly known, to an independent domestic body, which may be a regulatory body as referred to in Article 231(2)(d104(2)(d) of this Agreement Agreement, to resolve disputes regarding terms and conditions for interconnection and/or access.

Appears in 2 contracts

Samples: Association Agreement, Association Agreement

Access and interconnection. 1. Each Party The Parties shall ensure that any services suppliers service supplier authorised to provide electronic communication services shall have has the right and obligation to negotiate access and interconnection with suppliers other providers of publicly available electronic communication communications networks and services. Access and interconnection should, Interconnection should in principle, principle be agreed on the basis of commercial negotiation between the services suppliers legal persons concerned. 2. Each Party The Parties shall ensure that services service suppliers that acquire information from another service supplier during the process of negotiating interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. 3. Each Party The Parties shall ensure that upon the finding in accordance with Article 232 111 of this Agreement that a relevant market market, including those in the attached Annexes to this Agreement, is not effectively competitive, the regulatory authority shall have has the power to impose on the service supplier designated as having significant market power one or more of the following obligations in relation to interconnection and/or access: (a) obligation on of non-discrimination to ensure that the operator applies equivalent conditions in equivalent circum­ stances circumstances to other service suppliers providing equivalent services, and provides services and information to others under the same conditions and of the same quality as it provides for its own services services, or those of its subsidiaries or partners; (1) Licence fees do not include payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision. (b) obligation of on a vertically integrated company to make transparent its wholesale prices and its internal transfer prices, where there is a requirement for non-discrimination or for prevention of unfair cross-cross- subsidy. The regulatory authority may specify the format and accounting methodology to be used; (c) obligations to meet reasonable requests for access to, and use of, specific network elements and associated facilities, facilities including unbundled access to the local loop, inter alia, in situations where the regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level level, or would not be in the end end-user's interest. Regulatory authorities may attach conditions covering fairness, reasonableness and timeliness to the obligations included under this point; (d) obligation to provide specified services on a wholesale basis for resale by third parties; to grant open access to technical inter­ facesinterfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; to provide co-location or other forms of facility sharing, including cable duct, building or mast sharing; to provide specified services needed to ensure interoperability of end-to-to- end services to users, including facilities for intelligent network services; to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; and to interconnect networks or network facilities. Regulatory authorities may attach conditions covering including fairness, reasonableness and timeliness to the obligations included under this point; (e) obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obli­ gations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. Regulatory authorities shall take into account the investment made by the operator and allow him a reasonable rate of return on adequate capital employed, taking into account the risks involved; (f) to publish the specific obligations imposed on services suppliers by the regulatory authority identifying the specific product/service and geographical markets. Up-to-date information, provided that it is not confidential and it does not comprise business secrets is made publicly available in a manner that guarantees all interested parties easy access to that information; (g) obligations for transparency requiring operators to make public specified information; in particular, where an operator has obligations of non-discrimination, the regulatory authority may require that operator to publish a refer­ ence offer, which shall be sufficiently unbundled to ensure that services suppliers are not required to pay for facilities which are not necessary for the service requested, giving a description of the relevant offerings broken down into components according to market needs, and the associated terms and conditions, including prices. 4. Each Party shall ensure that a service supplier requesting interconnection with a supplier designated as having significant market power shall have recourse, either at any time or after a reasonable period of time which has been made publicly known, to an independent domestic body, which may be a regulatory body as referred to in Article 231(2)(d) of this Agreement to resolve disputes regarding terms and conditions for interconnection and/or access.points

Appears in 2 contracts

Samples: Political, Free Trade and Strategic Partnership Agreement, Political, Free Trade and Strategic Partnership Agreement

Access and interconnection. 1. Each Party The Parties shall ensure that any services suppliers service supplier authorised to provide electronic communication services shall have has the right and obligation to negotiate access and interconnection with suppliers other providers of publicly available electronic communication communications networks and services. Access and interconnection should, Interconnection should in principle, principle be agreed on the basis of commercial negotiation between the services suppliers legal persons concerned. 2. Each Party The Parties shall ensure that services service suppliers that acquire information from another service supplier during the process of negotiating interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. 3. Each Party The Parties shall ensure that upon the finding in accordance with Article 232 116 of this Agreement that a relevant market market, including those in the attached Annexes to this Agreement, is not effectively competitive, the regulatory authority shall have has the power to impose on the service supplier designated as having significant market power one or more of the following obligations in relation to interconnection and/or access: (a) obligation on of non-discrimination to ensure that the operator applies equivalent conditions in equivalent circum­ stances circumstances to other service suppliers providing equivalent services, and provides services and information to others under the same conditions and of the same quality as it provides for its own services services, or those of its subsidiaries or partners; (1) Licence fees do not include payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision. (b) obligation of on a vertically integrated company to make transparent its wholesale prices and its internal transfer prices, where there is a requirement for non-discrimination or for prevention of unfair cross-subsidy. The regulatory authority may specify the format and accounting methodology to be used; (c) obligations to meet reasonable requests for access to, and use of, specific network elements and associated facilities, facilities including unbundled access to the local loop, inter alia, in situations where the regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level level, or would not be in the end end-user's interest. Regulatory authorities may attach conditions covering fairness, reasonableness and timeliness to the obligations included under this point; (d) obligation to provide specified services on a wholesale basis for resale by third parties; to grant open access to technical inter­ facesinterfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; to provide co-location or other forms of facility sharing, including cable duct, building or mast sharing; to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services; to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; and to interconnect networks or network facilities. Regulatory authorities may attach conditions covering including fairness, reasonableness and timeliness to the obligations included under points (c) and (d) of this pointparagraph; (e) obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obli­ gations obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. ; Regulatory authorities shall take into account the investment made by the operator and allow him a reasonable rate of return on adequate capital employed, taking into account the risks involved;. (f) obligation to publish the specific obligations imposed on services suppliers a service supplier by the regulatory authority identifying the specific product/product/ service and geographical markets. Up-to-date information, provided that it is not confidential and it does not comprise business secrets is to be made publicly available in a manner that guarantees all interested parties easy access to that information; (g) obligations for of transparency requiring operators to make public specified information; information and in particular, where an operator has obligations of non-discrimination, the regulatory authority regulator may require that operator to publish a refer­ ence reference offer, which shall be sufficiently unbundled to ensure that services service suppliers are not required to pay for facilities which are not necessary for the service requested, giving a description of the relevant offerings broken down into components according to market needs, and the associated terms and conditions, conditions including prices. 4. Each Party The Parties shall ensure that a service supplier requesting interconnection with a service supplier designated as having significant market power shall have recourse, either at any time or after a reasonable period of time which has been made publicly known, to an independent domestic body, which may be a regulatory body as referred to in Article 231(2)(d115(2)(d) of this Agreement Agreement, to resolve disputes regarding terms and conditions for interconnection and/or access.

Appears in 1 contract

Samples: Association Agreement

Access and interconnection. 1. Each Party shall ensure that any services suppliers authorised to provide electronic communication services shall have the right and obligation to negotiate access and interconnection with suppliers of publicly available electronic communication networks and services. Access and interconnection should, in principle, be agreed on the basis of commercial negotiation between the services suppliers concerned. 2. Each Party shall ensure that services suppliers that acquire information from another supplier during the process of negotiating interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. 3. Each Party shall ensure that upon the finding in accordance with Article 232 of this Agreement that a relevant market is not effectively competitive, the regulatory authority shall have the power to impose on the supplier designated as having significant market power one or more of the following obligations in relation to interconnection and/or access: (a) obligation on non-discrimination to ensure that the operator applies equivalent conditions in equivalent circum­ stances circumstances to other suppliers providing equivalent services, and provides services and information to others under the same conditions and of the same quality as it provides for its own services or those of its subsidiaries or partners; (1) Licence fees do not include payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision. (b) obligation of a vertically integrated company to make transparent its wholesale prices and its internal transfer prices, where there is a requirement for non-discrimination or for prevention of unfair cross-subsidy. The regulatory authority may specify the format and accounting methodology to be used; (c) obligations to meet reasonable requests for access to, and use of, specific network elements and associated facilities, including unbundled access to the local loop, inter alia, in situations where the regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level or would not be in the end user's interest. Regulatory authorities may attach conditions covering fairness, reasonableness and timeliness to the obligations included under this point; (d) to provide specified services on a wholesale basis for resale by third parties; to grant open access to technical inter­ facesinterfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; to provide co-location or other forms of facility sharing, including duct, building or mast sharing; to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services; to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; and to interconnect networks or network facilities. Regulatory authorities may attach conditions covering fairness, reasonableness and timeliness to the obligations included under this point; (e) obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obli­ gations obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. Regulatory authorities shall take into account the investment made by the operator and allow him a reasonable rate of return on adequate capital employed, taking into account the risks involved; (f) to publish the specific obligations imposed on services suppliers by the regulatory authority identifying the specific product/service and geographical markets. Up-to-date information, provided that it is not confidential and it does not comprise business secrets is made publicly available in a manner that guarantees all interested parties easy access to that information; (g) obligations for transparency requiring operators to make public specified information; in particular, where an operator has obligations of non-discrimination, the regulatory authority may require that operator to publish a refer­ ence reference offer, which shall be sufficiently unbundled to ensure that services suppliers are not required to pay for facilities which are not necessary for the service requested, giving a description of the relevant offerings broken down into components according to market needs, and the associated terms and conditions, including prices. 4. Each Fach Party shall ensure that a service supplier requesting interconnection with a supplier designated as having significant market power shall have recourse, either at any time or after a reasonable period of time which has been made publicly known, to an independent domestic body, which may be a regulatory body as referred to in Article 231(2)(d) of this Agreement to resolve disputes regarding terms and conditions for interconnection and/or access.,

Appears in 1 contract

Samples: Association Agreement

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Access and interconnection. 1. Each Party shall ensure that any services suppliers authorised to provide electronic communication services shall have the right and obligation to negotiate access and interconnection with suppliers of publicly available electronic communication networks and services. Access access and interconnection should, in principle, be agreed on the basis of commercial negotiation between the services suppliers concerned. 2. Each Party shall ensure that services suppliers that acquire information from another supplier during the process of negotiating interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. 3. Each Party shall ensure that upon the finding in accordance with Article article 232 of this Agreement agreement that a relevant market is not effectively competitive, the regulatory authority shall have the power to impose on the supplier designated as having significant market power one or more of the following obligations in relation to interconnection and/or access: (a) obligation on non-discrimination to ensure that the operator applies equivalent conditions in equivalent circum­ stances to other suppliers providing equivalent services, and provides services and information to others under the same conditions and of the same quality as it provides for its own services or those of its subsidiaries or partners; (1) Licence fees do not include payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision. (b) obligation of a vertically integrated company to make transparent its wholesale prices and its internal transfer prices, where there is a requirement for non-discrimination or for prevention of unfair cross-subsidy. The regulatory authority may specify the format and accounting methodology to be used; (c) obligations to meet reasonable requests for access to, and use of, specific network elements and associated facilities, including unbundled access to the local loop, inter alia, in situations where the regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level or would not be in the end user's interest. Regulatory authorities may attach conditions covering fairness, reasonableness and timeliness to the obligations included under this point; (d) to provide specified services on a wholesale basis for resale by third parties; to grant open access to technical inter­ faces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; to provide co-location or other forms of facility sharing, including duct, building or mast sharing; to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services; to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; and to interconnect networks or network facilities. Regulatory authorities may attach conditions covering fairness, reasonableness and timeliness to the obligations included under this point; (e) obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obli­ gations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. Regulatory authorities shall take into account the investment made by the operator and allow him a reasonable rate of return on adequate capital employed, taking into account the risks involved; (f) to publish the specific obligations imposed on services suppliers by the regulatory authority identifying the specific product/service and geographical markets. Up-to-date information, provided that it is not confidential and it does not comprise business secrets is made publicly available in a manner that guarantees all interested parties easy access to that information; (g) obligations for transparency requiring operators to make public specified information; in particular, where an operator has obligations of non-discrimination, the regulatory authority may require that operator to publish a refer­ ence offer, which shall be sufficiently unbundled to ensure that services suppliers are not required to pay for facilities which are not necessary for the service requested, giving a description of the relevant offerings broken down into components according to market needs, and the associated terms and conditions, including prices. 4. Each Party shall ensure that a service supplier requesting interconnection with a supplier designated as having significant market power shall have recourse, either at any time or after a reasonable period of time which has been made publicly known, to an independent domestic body, which may be a regulatory body as referred to in Article article 231(2)(d) of this Agreement agreement to resolve disputes regarding terms and conditions for interconnection and/or access.

Appears in 1 contract

Samples: Association Agreement

Access and interconnection. 1. Each Party shall ensure that any services suppliers authorised to provide electronic communication services shall have has the right and obligation to negotiate access and interconnection with suppliers of publicly available electronic communication networks and services. Access and interconnection should, should in principle, principle be agreed on the basis of commercial negotiation between the services suppliers concerned. 2. Each Party shall ensure that services suppliers that acquire information from another supplier during the process of negotiating interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. 3. Each Party shall ensure that upon the finding in accordance with Article 232 105 of this Agreement that a relevant market is not effectively competitive, the regulatory authority shall have the power to impose on the supplier designated as having significant market power one or more of the following obligations in relation to interconnection and/or access: (a) obligation on non-discrimination to ensure that the operator applies equivalent conditions in equivalent circum­ stances circumstances to other suppliers providing equivalent services, and provides services and information to others under the same conditions and of the same quality as it provides for its own services services, or those of its subsidiaries or partners; (1) Licence fees do not include payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision. (b) obligation of a vertically integrated company to make transparent its wholesale prices and its internal transfer prices, where there is a requirement for non-non- discrimination or for prevention of unfair cross-subsidy. The regulatory authority may specify the format and accounting methodology to be used; (c) obligations to meet reasonable requests for access to, and use of, specific network elements and associated facilities, facilities including unbundled access to the local loop, loop inter alia, in situations where the regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level level, or would not be in the end user's interest. Regulatory authorities may attach conditions covering fairness, reasonableness and timeliness to the obligations included under this point; (d) to provide specified services on a wholesale basis for resale by third parties; to grant open access to technical inter­ facesinterfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; to provide co-location or other forms of facility sharing, including duct, building or mast sharing; to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services; to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; and to interconnect networks or network facilities. Regulatory authorities may attach conditions covering fairness, reasonableness and timeliness to the obligations included under this point;and the previous paragraph. (e) obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obli­ gations obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. Regulatory authorities shall take into account the investment made by the operator and allow him a reasonable rate of return on adequate capital employed, taking into account the risks involved;. (f) to publish the specific obligations imposed on services suppliers by the regulatory authority identifying the specific product/service and geographical markets. Up-Up- to-date information, provided that it is not confidential and it does not comprise business secrets is made publicly available in a manner that guarantees all interested parties easy access to that information; (g) obligations for transparency requiring operators to make public specified information; information and in particular, where an operator has obligations of non-non- discrimination, the regulatory authority regulator may require that operator to publish a refer­ ence reference offer, which shall be sufficiently unbundled to ensure that services suppliers are not required to pay for facilities which are not necessary for the service requested, giving a description of the relevant offerings broken down into components according to market needs, and the associated terms and conditions, conditions including prices. 4. Each Party shall ensure that a service supplier requesting interconnection with a supplier designated as having significant market power shall have recourse, either at any time or after a reasonable period of time which has been made publicly known, to an independent domestic body, which may be a regulatory body as referred to in Article 231(2)(d104(2)(d) of this Agreement Agreement, to resolve disputes regarding terms and conditions for interconnection and/or access.

Appears in 1 contract

Samples: Trade in Services and Electronic Commerce Agreement

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