Common use of Access and Use Clause in Contracts

Access and Use. 1. Each Party shall ensure that any service supplier of the other Party is accorded access to and use of public telecommunications transport networks and services in a timely fashion, on transparent, reasonable and nondiscriminatory terms and conditions. This obligation shall be applied, inter alia, through paragraphs 2 through 6. 2. Each Party shall ensure that service suppliers of the other Party have access to and use of any public telecommunications transport network or service offered within or across the border of that Party, including private leased circuits, and to this end shall ensure, subject to the provisions of paragraphs 5 and 6, that such suppliers are permitted: (a) to purchase or lease and attach terminal or other equipment which interfaces with the network and which is necessary to supply their services; (b) to interconnect private leased or owned circuits with public telecommunications transport networks and services or with circuits leased or owned by other service suppliers; (c) to use operating protocols of their choice in the supply of any service, other than as necessary to ensure the availability of telecommunications transport networks and services to the public generally; and (d) to perform switching, signaling and processing functions. 3. Each Party shall ensure that service suppliers of the other Party may use public telecommunications transport networks and services for the movement of information 4. Notwithstanding the provisions of paragraph 3, a Party may take such measures as are necessary: (a) to ensure the security and confidentiality of messages; or (b) to protect the personal data of users of public telecommunications transport networks or services, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. 5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks and services other than as necessary: (a) to safeguard the public service responsibilities of suppliers of public telecommunications transport networks and services, in particular their ability to make their networks or services available to the public generally; or (b) to protect the technical integrity of public telecommunications transport networks or services.

Appears in 5 contracts

Samples: Trade Agreement, Trade Agreement, Trade Agreement

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Access and Use. 1. Each Party shall ensure that any service supplier of the other Party is accorded access to and use of public telecommunications transport networks and services in a timely fashion, on transparent, reasonable and nondiscriminatory non-discriminatory terms and conditions. This obligation shall be applied, inter alia, through paragraphs 2 through 6. . 2. Each Party shall ensure that service suppliers of the other Party have access to and use of any public telecommunications transport network or service offered within or across the border of that Party, including private leased circuits, and to this end shall ensure, subject to the provisions of paragraphs 5 and 6, that such suppliers are permitted: permitted to: (a) to purchase or lease lease, and attach terminal or other equipment which interfaces with the network and which is necessary to supply their services; a supplier’s service; (b) provide services to individual or multiple users over any leased or owned circuits; (c) interconnect private leased or owned circuits with public telecommunications transport networks and services or with circuits leased or owned by other another service supplierssupplier; (d) perform switching, signalling, processing, and conversion functions; and (ce) to use operating protocols of their the service supplier’s choice in the supply of any serviceservices, other than as necessary to ensure the availability of telecommunications transport networks and services to the public generally; and (d) to perform switching, signaling and processing functions. 3. Each Party shall ensure that service suppliers of the other Party may use public telecommunications transport networks and services for the movement of informationinformation within and across borders including for intra-corporate communications of such service suppliers, and for access to information contained in data bases or otherwise stored in machine-readable form in either Party or any non-Party which is a party to the WTO Agreement. 4. Notwithstanding the provisions of paragraph 3, a Party may take such measures as are necessary: necessary to: (a) to ensure the security and confidentiality of messages; or or (b) to protect the personal data of end users of public telecommunications transport networks or services, including the privacy of such users, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. 5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks and services other than as necessary: (a) to safeguard the public service responsibilities of suppliers of public telecommunications transport networks and services, in particular their ability to make their networks or services available to the public generally; or (b) to protect the technical integrity of public telecommunications transport networks or services.

Appears in 4 contracts

Samples: Economic Partnership Agreement, Economic Partnership Agreement, Economic Partnership Agreement

Access and Use. 1. Each Party shall ensure that any service supplier of the other Party is accorded access to and use of public telecommunications transport networks and services in a timely fashion, on transparent, reasonable and nondiscriminatory terms and conditions. This obligation shall be applied, inter alia, through paragraphs 2 through 6. 2. Each Party shall ensure that service suppliers of the other Party have access to and use of any public telecommunications transport network or service offered within in its territory or across the border of that Partyits borders in a timely fashion, on transparent, reasonable and non- discriminatory terms and conditions, including private leased circuitsas set out in paragraphs 3 to 6. 2. Any new or amended measures of a Party that significantly affect such access or use shall be made publicly available, and service suppliers of the other Party whose interests are adversely affected by such measures shall be provided with an opportunity to this end comment. 3. Each Party shall ensure, subject to ensure that service suppliers of the provisions of paragraphs 5 and 6, that such suppliers other Party are permitted: permitted to: (a) to purchase or lease lease, and attach terminal or other equipment which that interfaces with the a public telecommunications network and which is necessary to supply their services; a supplier's service; (b) provide services to interconnect private individual or multiple end users over leased or owned circuits; (c) interconnect owned or leased circuits with public telecommunications transport networks and or services in the territory, or across the borders, of that Party or with circuits leased or owned by other another service supplierssupplier; (d) perform switching, signalling, processing, and conversion functions; and (ce) to use operating protocols of their choice in the supply of any serviceservices, other than as necessary to ensure the availability of telecommunications transport networks and services to the public generally; and (d) to perform switching, signaling and processing functions. 34. Each Party shall ensure that service suppliers of the other Party may use public telecommunications transport networks and services for the movement of informationinformation in its territory or across its borders and for access to information to which the service supplier is legally entitled contained in databases or otherwise stored in machine-readable form in the territory of either Party or any non-Party which is a party to the WTO Agreement. 45. Notwithstanding the provisions of paragraph 34, a Party may take such measures as are necessary: necessary to: (a) to ensure the security and confidentiality of messages; or or (b) to protect the privacy of personal data of end users of public telecommunications transport networks or services, subject to the requirement provided that such measures are not applied in a manner which that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. 5. 6. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks and services or services, other than as necessary: necessary to: (a) to safeguard the public service responsibilities of suppliers of public telecommunications transport networks and or services, in particular their ability to make their networks or services available to the public generally; or or (b) to protect the technical integrity of public telecommunications transport networks or services.

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Access and Use. 1. Each Party shall ensure that any service supplier of the other Party is accorded access to and use of public telecommunications transport networks and services in a timely fashion, on transparent, reasonable and nondiscriminatory terms and conditions. This obligation shall be applied, inter alia, through paragraphs 2 through 6. 2. Each Party shall ensure that service suppliers of the other Party have access to and use of any public telecommunications transport network or service offered within in its territory or across the border of that Partyits borders in a timely fashion, on transparent, reasonable and non- discriminatory terms and conditions, including private leased circuitsas set out in paragraphs 3 to 6. 2. Any new or amended measures of a Party that significantly affect such access or use shall be made publicly available, and service suppliers of the other Party whose interests are adversely affected by such measures shall be provided with an opportunity to this end comment. 3. Each Party shall ensure, subject to ensure that service suppliers of the provisions of paragraphs 5 and 6, that such suppliers other Party are permitted: permitted to: (a) to purchase or lease lease, and attach terminal or other equipment which that interfaces with the a public telecommunications network and which is necessary to supply their services; a supplier’s service; (b) provide services to interconnect private individual or multiple end users over leased or owned circuits; (c) interconnect owned or leased circuits with public telecommunications transport networks and or services in the territory, or across the borders, of that Party or with circuits leased or owned by other another service supplierssupplier; (d) perform switching, signalling, processing, and conversion functions; and (ce) to use operating protocols of their choice in the supply of any serviceservices, other than as necessary to ensure the availability of telecommunications transport networks and services to the public generally; and (d) to perform switching, signaling and processing functions. 34. Each Party shall ensure that service suppliers of the other Party may use public telecommunications transport networks and services for the movement of informationinformation in its territory or across its borders and for access to information to which the service supplier is legally entitled contained in databases or otherwise stored in machine- readable form in the territory of either Party or any non-Party which is a party to the WTO Agreement. 45. Notwithstanding the provisions of paragraph 34, a Party may take such measures as are necessary: necessary to: (a) to ensure the security and confidentiality of messages; or or (b) to protect the privacy of personal data of end users of public telecommunications transport networks or services, subject to the requirement provided that such measures are not applied in a manner which that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. 5. 6. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks and services or services, other than as necessary: necessary to: (a) to safeguard the public service responsibilities of suppliers of public telecommunications transport networks and or services, in particular their ability to make their networks or services available to the public generally; or or (b) to protect the technical integrity of public telecommunications transport networks or services.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Access and Use. 1. Each Party shall ensure that any service supplier of the other Party is accorded access to and use of public telecommunications transport networks and services in a timely fashion, on transparent, reasonable and nondiscriminatory terms and conditions. This obligation shall be applied, inter alia, through paragraphs 2 through 6. 2. Each Party shall ensure that service suppliers of the other Party have access to and use of any public telecommunications transport network or service offered within in its territory or across the border of that Partyits borders in a timely fashion, on transparent, reasonable and non- discriminatory terms and conditions, including private leased circuitsas set out in paragraphs 3 to 6. 2. Any new or amended measures of a Party that significantly affect such access or use shall be made publicly available, and service suppliers of the other Party whose interests are adversely affected by such measures shall be provided with an opportunity to this end comment. 3. Each Party shall ensure, subject to ensure that service suppliers of the provisions of paragraphs 5 and 6, that such suppliers other Party are permitted: permitted to: (a) to purchase or lease lease, and attach terminal or other equipment which that interfaces with the a public telecommunications network and which is necessary to supply their services; a supplier‟s service; (b) provide services to interconnect private individual or multiple end users over leased or owned circuits; (c) interconnect owned or leased circuits with public telecommunications transport networks and or services in the territory, or across the borders, of that Party or with circuits leased or owned by other another service supplierssupplier; (d) perform switching, signalling, processing, and conversion functions; and (ce) to use operating protocols of their choice in the supply of any serviceservices, other than as necessary to ensure the availability of telecommunications transport networks and services to the public generally; and (d) to perform switching, signaling and processing functions. 34. Each Party shall ensure that service suppliers of the other Party may use public telecommunications transport networks and services for the movement of informationinformation in its territory or across its borders and for access to information to which the service supplier is legally entitled contained in databases or otherwise stored in machine- readable form in the territory of either Party or any non-Party which is a party to the WTO Agreement. 45. Notwithstanding the provisions of paragraph 34, a Party may take such measures as are necessary: necessary to: (a) to ensure the security and confidentiality of messages; or or (b) to protect the privacy of personal data of end users of public telecommunications transport networks or services, subject to the requirement provided that such measures are not applied in a manner which that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. 5. 6. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks and services or services, other than as necessary: necessary to: (a) to safeguard the public service responsibilities of suppliers of public telecommunications transport networks and or services, in particular their ability to make their networks or services available to the public generally; or or (b) to protect the technical integrity of public telecommunications transport networks or services.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Access and Use. 1. Each Party shall ensure that any service supplier of the other Party is accorded access to and use of public telecommunications transport networks and or services in a timely fashion, on transparent, reasonable and nondiscriminatory non-discriminatory terms and conditions. This obligation shall be applied, inter alia, through paragraphs 2 through 6. 5 of this Article. 2. Each Party shall ensure that service suppliers of the other Party have access to and use of any public telecommunications transport network or service offered within or across the border of that Party, including private leased circuits, and to this end shall ensure, subject to the provisions in paragraph 5 of paragraphs 5 and 6this Article, that such suppliers are permitted: (: a) to purchase or lease and attach terminal or other equipment which interfaces with the network and which is necessary to supply their a supplier's services; (; b) to interconnect private leased or owned circuits with public telecommunications transport networks and services or with circuits leased or owned by other another service supplierssupplier; (and c) to use operating protocols of their choice in the supply of any service, other than as necessary to ensure the availability of telecommunications transport networks and services to the public generally; and (d) to perform switching, signaling and processing functions. 3. Each Party shall ensure that service suppliers of the other Party may use public telecommunications transport networks and services for the movement of informationinformation within and across borders, including for intra-corporate communications of such service suppliers, and for access to information contained in data bases or otherwise stored in machine-readable form in the territory of either Party. 4. Notwithstanding the provisions of in paragraph 3, a Party may take such measures as are necessary: (a) necessary to ensure the security and confidentiality of messages; or (b) to protect the personal data of users of public telecommunications transport networks or servicescommunications, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. . 5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks and services other than as necessary: (: a) to safeguard the public service responsibilities of suppliers of public telecommunications transport networks and or services, in particular their ability to make their networks or services available to the public generally; or (; b) to protect the technical integrity of public telecommunications transport networks or services.

Appears in 1 contract

Samples: Telecommunications Services Agreement

Access and Use. 1. Each Party shall ensure that any service supplier of the other Party is accorded access to and use of public telecommunications transport networks and services in a timely fashion, on transparent, reasonable and nondiscriminatory non‑discriminatory terms and conditions. This obligation shall be applied, inter alia, through paragraphs 2 through 6. . 2. Each Party shall ensure that service suppliers of the other Party have access to and use of any public telecommunications transport network or service offered within or across the border of that Party, including private leased circuits, and to this end shall ensure, subject to the provisions of paragraphs 5 and 6, that such suppliers are permitted: permitted to: (a) to purchase or lease lease, and attach terminal or other equipment which interfaces with the network and which is necessary to supply their services; a supplier’s service; (b) provide services to individual or multiple users over any leased or owned circuits; (c) interconnect private leased or owned circuits with public telecommunications transport networks and services or with circuits leased or owned by other another service supplierssupplier; (d) perform switching, signalling, processing, and conversion functions; and (ce) to use operating protocols of their the service supplier’s choice in the supply of any serviceservices, other than as necessary to ensure the availability of telecommunications transport networks and services to the public generally; and (d) to perform switching, signaling and processing functions. 3. Each Party shall ensure that service suppliers of the other Party may use public telecommunications transport networks and services for the movement of informationinformation within and across borders including for intra-corporate communications of such service suppliers, and for access to information contained in data bases or otherwise stored in machine-readable form in either Party or any non-Party which is a party to the WTO Agreement. 4. Notwithstanding the provisions of paragraph 3, a Party may take such measures as are necessary: necessary to: (a) to ensure the security and confidentiality of messages; or or (b) to protect the personal data of end users of public telecommunications transport networks or services, including the privacy of such users, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. 5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks and services other than as necessary: (a) to safeguard the public service responsibilities of suppliers of public telecommunications transport networks and services, in particular their ability to make their networks or services available to the public generally; or (b) to protect the technical integrity of public telecommunications transport networks or services.

Appears in 1 contract

Samples: Economic Partnership Agreement

Access and Use. 1. Each Party shall ensure that any covered enterprise or service supplier of the other Party is accorded access to and use of public telecommunications transport networks and or services in a timely fashion, on transparent, reasonable and nondiscriminatory non-discriminatory0 terms and conditions. This obligation shall be applied, inter alia, through paragraphs 2 through 6. to 5 of this Article. 2. Each Party shall ensure that covered enterprises or service suppliers of the other Party have access to and use of any public telecommunications transport network or service offered within or across the border of that Partyits border, including private leased circuits, and to this that end shall ensure, subject to the provisions of paragraphs 5 and 6paragraph 5, that such enterprises and suppliers are permitted: : (a) to purchase or lease and attach terminal or other equipment which that interfaces with the network and which that is necessary to supply conduct their services; operations; (b) to interconnect private leased or owned circuits with public telecommunications transport networks and services or with circuits leased or owned by other another covered enterprise or service supplierssupplier; and (c) to use operating protocols of their choice in the supply of any servicetheir operations, other than as necessary to ensure the availability of telecommunications transport networks and services to the public generally; and (d) to perform switching, signaling and processing functions. 3. Each Party shall ensure that covered enterprises or service suppliers of the other Party may use public telecommunications transport networks and services for the movement of informationinformation within and across borders, including for their intra-corporate communications, and for access to information contained in data bases or otherwise stored in machine-readable form in the territory of either Party. 4. Notwithstanding the provisions of paragraph 3, a Party may take such measures as are necessary: (a) necessary to ensure the security and confidentiality of messages; or (b) to protect the personal data of users of public telecommunications transport networks or servicescommunications, subject to the requirement that such measures are not applied in a manner which that would constitute either a disguised restriction on trade in services or on the pursuit of any other economic activity covered by this Chapter or a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. discrimination. 5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks and or services other than as necessary: : (a) to safeguard the public service responsibilities of suppliers of public telecommunications transport networks and or services, in particular their ability to make their networks or services available to the public generally; or or (b) to protect the technical integrity of public telecommunications transport networks or services.

Appears in 1 contract

Samples: Free Trade Agreement

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Access and Use. 1. Each Party shall ensure that any service supplier of the other Party is accorded access to and use of public telecommunications transport networks and services in a timely fashion, on transparent, reasonable and nondiscriminatory terms and conditions. This obligation shall be applied, inter alia, through paragraphs 2 through 6. 2. Each Party shall ensure that service suppliers of the other Party have access to and use of any public telecommunications transport network or service offered within or across the border of that Partyservice, including private leased circuits, offered in its territory or across its borders on a timely basis, and to this end on reasonable and non-discriminatory terms and conditions, including as set out in paragraphs 2 through 6. 2. Each Party shall ensure, subject to ensure that service suppliers of the provisions of paragraphs 5 and 6, that such suppliers other Party are permitted: permitted to: (a) to purchase or lease lease, and attach terminal or other equipment which that interfaces with the network and which is necessary to supply their services; a public telecommunications network; (b) provide services to interconnect private individual or multiple end-users over owned or leased circuits; (c) connect owned or owned leased circuits with public telecommunications transport networks and or services in the territory, or across the borders, of that Party, or with circuits leased or owned by other another service supplierssupplier; (d) perform switching, signalling, processing, and conversion functions; and (ce) to use operating protocols of their choice in the supply of any service, other than as necessary to ensure the availability of telecommunications transport networks and services to the public generally; and (d) to perform switching, signaling and processing functions. 3. Each Party shall ensure that service suppliers of the other Party may use public telecommunications transport networks and or services for the movement of informationinformation in its territory or across its borders in accordance with the laws and regulations of the Party, including for intra-corporate communications, and for access to information contained in databases or otherwise stored in machine-readable form in the territory of either Party or any non-Party which is a party to the WTO Agreement. 4. Notwithstanding the provisions of paragraph 3, a Party may take such measures as are necessary: necessary to: (a) to ensure the security and confidentiality of messages; or and (b) to protect the personal data information of end-users of public telecommunications transport networks or services, subject to the requirement provided that such measures are not applied in a manner which that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. . 5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks and services or services, other than as necessary: necessary to: (a) to safeguard the public service responsibilities of suppliers of public telecommunications transport networks and or services, in particular their ability to make their networks or services available to the public generally; or or (b) to protect the technical integrity of public telecommunications transport networks or services. 6. Provided that they satisfy the criteria set out in paragraph 5, conditions for access to and use of public telecommunications networks or services may include: (a) a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks or services;

Appears in 1 contract

Samples: Free Trade Agreement

Access and Use. 1. Each Party shall ensure that any service supplier of the other Party is accorded access to and use of public telecommunications transport networks and or services in a timely fashion, on transparent, reasonable and nondiscriminatory non- discriminatory terms and conditions. This obligation shall be applied, inter alia, through paragraphs 2 through 6. 5 of this Article. 2. Each Party shall ensure that service suppliers of the other Party have access to and use of any public telecommunications transport network or service offered within or across the border of that Party, including private leased circuits, and to this end shall ensure, subject to the provisions in paragraph 5 of paragraphs 5 and 6this Article, that such suppliers are permitted: (: a) to purchase or lease and attach terminal or other equipment which interfaces with the network and which is necessary to supply their a supplier's services; (; b) to interconnect private leased or owned circuits with public telecommunications transport networks and services or with circuits leased or owned by other another service supplierssupplier; (and c) to use operating protocols of their choice in the supply of any service, other than as necessary to ensure the availability of telecommunications transport networks and services to the public generally; and (d) to perform switching, signaling and processing functions. 3. Each Party shall ensure that service suppliers of the other Party may use public telecommunications transport networks and services for the movement of informationinformation within and across borders, including for intra-corporate communications of such service suppliers, and for access to information contained in data bases or otherwise stored in machine- readable form in the territory of either Party. 4. Notwithstanding the provisions of in paragraph 3, a Party may take such measures as are necessary: (a) necessary to ensure the security and confidentiality of messages; or (b) to protect the personal data of users of public telecommunications transport networks or servicescommunications, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. . 5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks and services other than as necessary: (: a) to safeguard the public service responsibilities of suppliers of public telecommunications transport networks and or services, in particular their ability to make their networks or services available to the public generally; or (; b) to protect the technical integrity of public telecommunications transport networks or services.

Appears in 1 contract

Samples: Eu Chile Association Agreement Proposal

Access and Use. 1. Each Party shall ensure that any service supplier of the other Party is accorded access to and use of public telecommunications transport networks and services in a timely fashion, on transparent, reasonable and nondiscriminatory non-discriminatory terms and conditions. This obligation shall be applied, inter alia, through paragraphs 2 through 6. . 2. Each Party shall ensure that service suppliers of the other Party have access to and use of any public telecommunications transport network or service offered within or across the border of that Party, including private leased circuits, and to this end shall ensure, subject to the provisions of paragraphs 5 and 6, that such suppliers are permitted: permitted to: (a) to purchase or lease lease, and attach terminal or other equipment which interfaces with the network and which is necessary to supply their services; a supplier's service; (b) provide services to individual or multiple users over any leased or owned circuits; (c) interconnect private leased or owned circuits with public telecommunications transport networks and services or with circuits leased or owned by other another service supplierssupplier; (d) perform switching, signalling, processing, and conversion functions; and (ce) to use operating protocols of their the service supplier's choice in the supply of any serviceservices, other than as necessary to ensure the availability of telecommunications transport networks and services to the public generally; and (d) to perform switching, signaling and processing functions. 3. Each Party shall ensure that service suppliers of the other Party may use public telecommunications transport networks and services for the movement of informationinformation within and across borders including for intra-corporate communications of such service suppliers, and for access to information contained in data bases or otherwise stored in machine-readable form in either Party or any non-Party which is a party to the WTO Agreement. 4. Notwithstanding the provisions of paragraph 3, a Party may take such measures as are necessary: necessary to: (a) to ensure the security and confidentiality of messages; or or (b) to protect the personal data of end users of public telecommunications transport networks or services, including the privacy of such users, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. . 5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks and services services, other than as necessary: necessary to: (a) to safeguard the public service responsibilities of suppliers of public telecommunications transport networks and or services, in particular their ability to make their networks or services available to the public generally; or or (b) to protect the technical integrity of public telecommunications transport networks or services. 6. Provided that they satisfy the criteria set out in paragraph 5, conditions for access to and use of public telecommunications transport networks and services may include: (a) a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks and services; (b) requirements, where necessary, for the inter-operability of such services and to encourage the achievement of the goals set out in Article 10.23; (c) type approval of terminal or other equipment which interfaces with such networks and technical requirements relating to the attachment of such equipment to such networks; (d) restrictions on interconnection of private leased or owned circuits with such networks or services or with circuits leased or owned by another service supplier; or (e) notification, registration and licensing.

Appears in 1 contract

Samples: Economic Partnership Agreement

Access and Use. 1. Each Party shall ensure that any service supplier of the other Party is accorded access to to, and use of of, public telecommunications transport networks and services in a timely fashion, on transparent, reasonable and nondiscriminatory terms and conditionsconditions which are reasonable, non-discriminatory and no less favourable than those which the supplier of those public telecommunications transport networks and services provides for its own like services under like circumstances. This obligation shall be applied, inter alia, through paragraphs 2 through to 6. . 2. Each Party shall ensure that service suppliers of the other Party have are accorded access to to, and use of of, any public telecommunications transport network or service offered within or across the border borders of that the former Party, including private leased circuits, and shall to this that end shall ensure, subject to the provisions of paragraphs 5 and 6, that such service suppliers are permitted: permitted to: (a) to purchase or lease lease, and attach attach, terminal or other equipment which interfaces with the network and which is necessary to supply their services; ; (b) to interconnect private leased or owned circuits with public telecommunications transport networks and services or with circuits leased or owned by other service suppliers; and (c) to use operating protocols of their choice in the supply of any service, other than as necessary to ensure the availability of telecommunications transport networks and services to the public generally; and (d) to perform switching, signaling and processing functions. 3. Each Party shall ensure that service suppliers of the other Party may use public telecommunications transport networks and services for the movement of informationinformation within and across the borders of the former Party, including for intra-corporate communications of such service suppliers, and for access to information contained in databases or otherwise stored in machine-readable form in either Party or in any other member of the WTO. 4. Notwithstanding the provisions of paragraph 3, a Party may take such measures as are necessary: (a) necessary to ensure the security and confidentiality of messages; or (b) to protect the personal data of users of public telecommunications transport networks or services, messages subject to the requirement that such those measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. . 5. Each Party shall ensure that no condition is imposed on access to to, and use of of, public telecommunications transport networks and services other than as necessary: necessary to: (a) to safeguard the public service responsibilities of suppliers of public telecommunications transport networks and services, in particular their ability to make their networks or services available to the public generally; or or (b) to protect the technical integrity of public telecommunications transport networks or services. 6. Provided that they satisfy the criteria set out in paragraph 5, conditions for access to, and use of, public telecommunications transport networks and services may include: (a) restrictions on resale or shared use of those services; (b) a requirement to use specified technical interfaces, including interface protocols, for inter-connection with public telecommunications transport networks and services; (c) requirements, if necessary, for the inter-operability of public telecommunications transport services and to encourage the achievement of the goals set out in Article 8.55; (d) type approval of terminal or other equipment which interfaces with public telecommunications transport networks and technical requirements relating to the attachment of that equipment to those networks; (e) restrictions on inter-connection of private leased or owned circuits with public telecommunications transport networks or services, or with circuits leased or owned by other service suppliers; or (f) notification, permit, registration and licensing.

Appears in 1 contract

Samples: Economic Partnership Agreement

Access and Use. 1. Each Party shall ensure that any covered enterprise or service supplier of the other Party is accorded access to and use of public telecommunications transport networks and or public telecommunications services in a timely fashion, on transparent, reasonable and nondiscriminatory non-discriminatory (1) terms and conditions. This obligation shall be appliedcarried out, inter alia, through in line with paragraphs 2 through 6. to 5 of this Article. 2. Each Party shall ensure that covered enterprises or service suppliers of the other Party have access to and use of any public telecommunications transport network or public telecommunications service offered within or across the border of that Partyits border, including private leased circuits, and to this that end shall ensure, subject to the provisions of paragraphs 5 and 6paragraph 5, that such enterprises and suppliers are permitted: : (a) to purchase or lease and attach terminal or other equipment which that interfaces with the public telecommunications network and which that is necessary to supply conduct their services; operations; (b) to interconnect private leased or owned circuits with public telecommunications transport networks and services or with circuits leased or owned by other another covered enterprise or service supplierssupplier; and (c) to use operating protocols of their choice in the supply of any servicetheir operations, other than as necessary to ensure the availability of telecommunications transport networks and services to the public generally; and (d) to perform switching, signaling and processing functionstelecommunications services. 3. Each Party shall ensure that covered enterprises or service suppliers of the other Party may use public telecommunications transport networks and public telecommunications services for the movement of informationinformation within and across borders, including for their intra-corporate communications, and for access to information contained in data bases or otherwise stored in machine-readable form in the territory of either Party. 4. Notwithstanding the provisions of paragraph 3, a Party may take such measures as that are necessary: (a) necessary to ensure the security and confidentiality of messages; or (b) to protect the personal data of users of public telecommunications transport networks or servicescommunications, subject to the requirement that such measures are not applied in a manner which that would constitute either a disguised restriction on trade in services or on the pursuit of any other economic activity covered by this Chapter or a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. discrimination. 5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks and or public telecommunications services other than as necessary: : (a) to safeguard the public service responsibilities of suppliers of public telecommunications transport networks and or public telecommunications services, in particular their ability to make their networks or public telecommunications services available to the public generallyavailable; or or (b) to protect the technical integrity of public telecommunications transport networks or public telecommunications services. (1) For the purposes of this Article, the term "non-discriminatory" means national treatment and most-favoured-nation treatment as referred to in Articles 10.6 (National treatment), 10.7 (Most-favoured-nation treatment), 10.16 (National treatment) and 10.17 (Most-favoured- nation treatment), as well as under terms and conditions no less favourable than those accorded to any other user of like public telecommunications networks or public telecommunications services in like situations.

Appears in 1 contract

Samples: Free Trade Agreement

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