Common use of Telecommunications Regulatory Authority Clause in Contracts

Telecommunications Regulatory Authority. 1. Each Party shall establish or maintain a telecommunications regulatory authority that: (a) is legally distinct and functionally independent from any supplier of telecommunications networks, telecommunications services or telecommunications equipment; (b) uses procedures and issues decisions that are impartial with respect to all market participants; (c) acts independently and does not seek or take instructions from any other body in relation to the exercise of the tasks assigned to it by law to enforce the obligations set out in Articles 5.15 to 5.17, 5.19 and 5.20; (d) has the regulatory power, as well as adequate financial and human resources, to carry out those tasks; (e) has the power to ensure that suppliers of telecommunications networks or services provide it, promptly upon request, with all the information28, including financial information, necessary to carry out those tasks; and (f) exercises its powers transparently and in a timely manner. 2. Each Party shall ensure that the tasks to be undertaken by the telecommunications regulatory authority are made public in an easily accessible and clear form, in particular where those tasks are assigned to more than one body. 3. A Party that retains ownership or control of suppliers of telecommunications networks or services shall ensure effective structural separation of the regulatory function from activities associated with ownership or control. 4. Each Party shall ensure that a user or supplier of telecommunications networks or services affected by a decision of the telecommunications regulatory authority has a right of appeal before an appeal body which is independent of both the regulatory authority and other affected parties. Pending the outcome of the appeal, the decision shall stand, unless interim measures are granted in accordance with the Party's law.