Common use of Access to and use of Public Telecommunications Transport Networks and Services Clause in Contracts

Access to and use of Public Telecommunications Transport Networks and Services. 1. Each Party shall ensure that any service supplier of another Party is granted, on reasonable and non- discriminatory terms and conditions, in accordance with the rules established in the Party concerned, access to and use of public telecommunications transport networks and services for the supply of value- added services. This obligation shall be fulfilled, inter alia, through the application of paragraphs 2 to 9. 2. Each Party shall endeavor to ensure that pricing for access to and use of public telecommunications transport networks and services is cost-based; 3. Each Party shall ensure that service providers of other Parties have access to and use of any public telecommunications transport network or service offered within or across its borders, including private leased circuits. To this end, each Party shall ensure, without prejudice to paragraphs 7 and 8, that such suppliers are permitted: a) purchase or lease and connect the terminal equipment or other equipment interfacing with the network and necessary to provide the provider's services; b) use the operating protocols chosen by the service provider for the provision of any service that is not necessary to ensure the availability of telecommunication transport networks and services to the general public. 4. Nothing in paragraphs 2 and 3 shall be construed to prevent cross-subsidization between public telecommunications transport services. 5. Each Party shall ensure that persons of another Party may have access to and use of public telecommunications networks or services for the transmission of information in its territory or across its borders, including for intra-corporate communications and for access to information contained in databases or stored in any other machine-readable form in the territory of any Party provided that they are for private and exclusive use, without the provision of services to third parties and by making the international connection through entities authorized to provide international basic services. 6. Notwithstanding paragraph 5, the Parties may take such measures as are necessary to ensure the security and confidentiality of messages, provided that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade in services. 7. Taking into account that access to and use of public telecommunications transport networks and services does not involve authorization to supply these services and that these services require authorization in all cases, each Party shall ensure that no conditions are imposed on users for access to and use of public telecommunications transport networks or services other than those necessary for: a) to safeguard the public service responsibilities of public telecommunications service providers or telecommunications networks, in particular their ability to make their networks or services available to the general public; b) to protect the technical integrity of public telecommunication networks or services; and c) ensure that service suppliers of the other Parties only supply value-added services when they are permitted to do so in accordance with the commitments set out in this Chapter. 8. Inthe event that they meet the criteria set forth in paragraph 7, the conditions for access to their networks and services may include the following: a) restrictions imposed on the resale or shared use of such services; b) the requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks and services; c) requirements, when necessary, for the interoperability of such services and to promote the achievement of the objectives set forth in Article 11-08, paragraph 2; d) the approval of terminal or other equipment interfacing with the network and technical requirements relating to the connection of such equipment to such networks; e) restrictions imposed on the interconnection of private, leased or proprietary circuits with such networks or services, or with circuits leased by another service provider; or f) communication, registration or licensing procedures. 9. Notwithstanding paragraphs 1 through 8, a Party may impose conditions on access to and use of public telecommunications transport networks and services that are reasonable, non-discriminatory and necessary to strengthen its domestic telecommunications infrastructure and its capacity to supply telecommunications services and to increase its participation in international trade in such services.

Access to and use of Public Telecommunications Transport Networks and Services. 1. Each Party shall ensure that any service supplier persons of another Party is granted, on reasonable and non- discriminatory terms and conditions, in accordance with the rules established in the Party concerned, access to and use of public telecommunications transport networks and services for the supply of value- added services. This obligation shall be fulfilled, inter alia, through the application of paragraphs 2 to 9. 2. Each Party shall endeavor to ensure that pricing for access to and use of public telecommunications transport networks and services is cost-based; 3. Each Party shall ensure that service providers of other Parties have access to and use of any public telecommunications transport network or service offered within or across its bordersservice, including private leased circuits, offered in its territory or across its borders for the conduct of their business, on reasonable and non-discriminatory terms and conditions, including as set out in paragraphs 2 through 8. 2. To this endSubject to paragraphs 6 and 7, each Party shall ensure, without prejudice to paragraphs 7 and 8, ensure that such suppliers persons are permittedpermitted to: (a) purchase or lease lease, and connect the attach terminal equipment or other equipment interfacing that interfaces with the network and necessary to provide the provider's servicespublic telecommunications transport network; (b) interconnect private leased or owned circuits with public telecommunications transport networks in the territory, or across the borders, of that Party, including for use the in providing dial-up access to and from their customers or users, or with circuits leased or owned by another person on terms and conditions mutually agreed by those persons; (c) perform switching, signalling and processing functions; and (d) use operating protocols chosen by the service provider for the provision of any service that is not necessary to ensure the availability of telecommunication transport networks and services to the general publictheir choice. 43. Each Party shall ensure that: (a) the pricing of public telecommunications transport services reflects economic costs directly related to providing the services; and (b) private leased circuits are available on a flat-rate pricing basis. Nothing in paragraphs 2 and 3 this paragraph shall be construed to prevent cross-subsidization between public telecommunications transport services. 54. Each Party shall ensure that persons of another Party may have access to and use of public telecommunications transport networks or services for the transmission movement of information in its territory or across its borders, including for intra-corporate communications intracorporate communications, and for access to information contained in databases data bases or otherwise stored in any other machine-readable form in the territory of any Party provided that they are for private and exclusive use, without the provision of services to third parties and by making the international connection through entities authorized to provide international basic servicesParty. 65. Notwithstanding paragraph 5Further to Article 2101 (General Exceptions), the Parties may take such measures as are nothing in this Chapter shall be construed to prevent a Party from adopting or enforcing any measure necessary to to: (a) ensure the security and confidentiality of messages, provided that such measures are not applied in a manner which would constitute a means ; or (b) protect the privacy of arbitrary or unjustifiable discrimination or a disguised restriction on international trade in services. 7. Taking into account that access subscribers to and use of public telecommunications transport networks and services does not involve authorization to supply these services and that these services require authorization in all cases, each or services. 6. Each Party shall ensure that no conditions are condition is imposed on users for access to and use of public telecommunications transport networks or services services, other than those that necessary forto: (a) to safeguard the public service responsibilities of providers of public telecommunications service providers transport networks or telecommunications networksservices, in particular their ability to make their networks or services available to the general public;public generally; or (b) to protect the technical integrity of public telecommunication telecommunications transport networks or services; and c) ensure that service suppliers of the other Parties only supply value-added services when they are permitted to do so in accordance with the commitments set out in this Chapter. 87. Inthe event Provided that they meet the criteria set forth in paragraph 7, the conditions for access to their and use of public telecommunications transport networks and or services satisfy the criteria set out in paragraph 6, such conditions may include the followinginclude: (a) restrictions imposed a restriction on the resale or shared use of such services; (b) the a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks and or services; (c) requirements, when necessary, for the interoperability of such services and to promote the achievement of the objectives set forth in Article 11-08, paragraph 2; d) the approval of terminal or other equipment interfacing with the network and technical requirements relating to the connection of such equipment to such networks; e) restrictions imposed a restriction on the interconnection of private, private leased or proprietary owned circuits with such networks or services, services or with circuits leased or owned by another service provider; or f) communicationperson, registration or licensing procedures. 9. Notwithstanding paragraphs 1 through 8, a Party may impose conditions on access to and use where the circuits are used in the provision of public telecommunications transport networks or services; and (d) a licensing, permit, registration or notification procedure which, if adopted or maintained, is transparent and services that applications filed thereunder are reasonableprocessed expeditiously. 8. For purposes of this Article, "non-discriminatory discriminatory" means on terms and necessary conditions no less favorable than those accorded to strengthen its domestic any other customer or user of like public telecommunications infrastructure and its capacity to supply telecommunications transport networks or services and to increase its participation in international trade in such serviceslike circumstances.

Access to and use of Public Telecommunications Transport Networks and Services. 1. Each Party shall ensure that any service supplier persons of another the other Party is granted, on reasonable and non- discriminatory terms and conditions, in accordance with the rules established in the Party concerned, access to and use of public telecommunications transport networks and services for the supply of value- added services. This obligation shall be fulfilled, inter alia, through the application of paragraphs 2 to 9. 2. Each Party shall endeavor to ensure that pricing for access to and use of public telecommunications transport networks and services is cost-based; 3. Each Party shall ensure that service providers of other Parties have access to and use of any public telecommunications transport network or service offered within or across its bordersservice, including private leased circuits, offered in its territory or across its borders for the conduct of their business, on reasonable and non- discriminatory terms and conditions, including as set out in paragraphs 2 through 8. 2. To this endSubject to paragraphs 6 and 7, each Party shall ensure, without prejudice to paragraphs 7 and 8, ensure that such suppliers persons are permittedpermitted to: (a) purchase or lease lease, and connect the attach terminal equipment or other equipment interfacing that interfaces with the network and necessary to provide the provider's servicespublic telecommunications transport network; (b) interconnect private leased or owned circuits with public telecommunications transport networks in the territory, or across the borders, of that Party, including for use the in providing dialup access to and from their customers or users, or with circuits leased or owned by another person on terms and conditions mutually agreed by those persons; (c) perform switching, signalling and processing functions; and (d) use operating protocols chosen by the service provider for the provision of any service that is not necessary to ensure the availability of telecommunication transport networks and services to the general publictheir choice. 43. Each Party shall ensure that: (a) the pricing of public telecommunications transport services reflects economic costs directly related to providing the services; and (b) private leased circuits are available on a flat-rate pricing basis. Nothing in paragraphs 2 and 3 this paragraph shall be construed to prevent cross-subsidization crosssubsidization between public telecommunications transport services. 54. Each Party shall ensure that persons of another the other Party may have access to and use of public telecommunications transport networks or services for the transmission movement of information in its territory or across its borders, including for intra-corporate communications intracorporate communications, and for access to information contained in databases data bases or otherwise stored in any other machine-readable form in the territory of any Party provided that they are for private and exclusive use, without the provision of services to third parties and by making the international connection through entities authorized to provide international basic servicesother Party. 65. Notwithstanding paragraph 5Further to Article O-01 (General Exceptions), the Parties may take such measures as are nothing in this Chapter shall be construed to prevent a Party from adopting or enforcing any measure necessary to to: (a) ensure the security and confidentiality of messages, provided that such measures are not applied in a manner which would constitute a means ; or (b) protect the privacy of arbitrary or unjustifiable discrimination or a disguised restriction on international trade in services. 7. Taking into account that access subscribers to and use of public telecommunications transport networks and services does not involve authorization to supply these services and that these services require authorization in all cases, each or services. 6. Each Party shall ensure that no conditions are condition is imposed on users for access to and use of public telecommunications transport networks or services services, other than those that necessary forto: (a) to safeguard the public service responsibilities of providers of public telecommunications service providers transport networks or telecommunications networksservices, in particular their ability to make their networks or services available to the general public;public generally; or (b) to protect the technical integrity of public telecommunication telecommunications transport networks or services; and c) ensure that service suppliers of the other Parties only supply value-added services when they are permitted to do so in accordance with the commitments set out in this Chapter. 87. Inthe event Provided that they meet the criteria set forth in paragraph 7, the conditions for access to their and use of public telecommunications transport networks and or services satisfy the criteria set out in paragraph 6, such conditions may include the followinginclude: (a) restrictions imposed a restriction on the resale or shared use of such services; (b) the a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks and or services; (c) requirements, when necessary, for the interoperability of such services and to promote the achievement of the objectives set forth in Article 11-08, paragraph 2; d) the approval of terminal or other equipment interfacing with the network and technical requirements relating to the connection of such equipment to such networks; e) restrictions imposed a restriction on the interconnection of private, private leased or proprietary owned circuits with such networks or services, services or with circuits leased or owned by another service provider; or f) communicationanotherperson, registration or licensing procedures. 9. Notwithstanding paragraphs 1 through 8, a Party may impose conditions on access to and use where the circuits are used in the provision of public telecommunications transport networks or services; and (d) a licensing, permit, registration or notification procedure which, if adopted or maintained, is transparent and services that applications filed thereunder are reasonableprocessed expeditiously. 8. For purposes of this Article, "non-discriminatory discriminatory" means on terms and necessary conditions no less favorable than those accorded to strengthen its domestic any other customer or user of like public telecommunications infrastructure and its capacity to supply telecommunications transport networks or services and to increase its participation in international trade in such serviceslike circumstances.

Access to and use of Public Telecommunications Transport Networks and Services. 1. Each Party shall ensure that any service supplier persons of another the other Party is granted, on reasonable and non- discriminatory terms and conditions, in accordance with the rules established in the Party concerned, access to and use of public telecommunications transport networks and services for the supply of value- added services. This obligation shall be fulfilled, inter alia, through the application of paragraphs 2 to 9. 2. Each Party shall endeavor to ensure that pricing for access to and use of public telecommunications transport networks and services is cost-based; 3. Each Party shall ensure that service providers of other Parties have access to and use of any public telecommunications transport network or service offered within or across its bordersservice, including private leased circuits, offered in its territory or across its borders for the conduct of their business, on reasonable and non-discriminatory terms and conditions, including as those set out in paragraphs 2 through 8. 2. To this endSubject to paragraphs 6 and 7, each Party shall ensure, without prejudice to paragraphs 7 and 8, ensure that such suppliers persons of the other Party are permittedpermitted to: (a) purchase or lease lease, and connect the attach terminal equipment or other equipment interfacing that interfaces with the network and necessary to provide the provider's servicespublic telecommunications transport network; (b) interconnect private leased or owned circuits with public telecommunications transport networks in the territory, or across the borders, of that Party, including those for use the in providing dial-up access to and from their customers or users, or with circuits leased or owned by another person on terms and conditions mutually agreed by those persons; (c) perform switching, signaling and processing functions; and (d) use operating protocols chosen by of their choice. 3. Each Party shall ensure that the service provider for pricing of public telecommunications transport services reflects economic costs directly related to providing the provision of any service that is not necessary to ensure the availability of telecommunication transport networks and services to the general publicservices. 4. Nothing in paragraphs 2 and 3 shall be construed to prevent cross-subsidization between public telecommunications transport services. 5. Each Party shall ensure that persons of another the other Party may have access to and use of public telecommunications transport networks or services for the transmission movement of information in its territory or across its borders, including for intra-corporate communications intracorporate communications, and for access to information contained in databases data bases or otherwise stored in any other machine-readable form in the territory of any Party provided that they are for private and exclusive use, without the provision of services to third parties and by making the international connection through entities authorized to provide international basic servicesother Party. 65. Notwithstanding paragraph 5Further to Article 20.1, the Parties may take such measures as are nothing in this Chapter shall be construed to prevent a Party from adopting or enforcing any measure necessary to to: (a) ensure the security and confidentiality of messages, provided that such measures are not applied in a manner which would constitute a means ; or (b) protect the privacy of arbitrary or unjustifiable discrimination or a disguised restriction on international trade in services. 7. Taking into account that access subscribers to and use of public telecommunications transport networks and services does not involve authorization to supply these services and that these services require authorization in all cases, each or services. 6. Each Party shall ensure that that, further to Article 12.5, no conditions are condition is imposed on users for access to and use of public telecommunications transport networks or services services, other than those that necessary forto: (a) to safeguard the public service responsibilities of providers of public telecommunications service providers transport networks or telecommunications networksservices, in particular their ability to make their networks or services available to the general public;public generally; or (b) to protect the technical integrity of public telecommunication telecommunications transport networks or services; and c) ensure that service suppliers of the other Parties only supply value-added services when they are permitted to do so in accordance with the commitments set out in this Chapter. 87. Inthe event Provided that they meet the criteria set forth in paragraph 7, the conditions for access to their and use of public telecommunications transport networks and or services satisfy the criteria set out in paragraph 6, such conditions may include the followinginclude: (a) restrictions imposed a restriction on the resale or shared use of such services; (b) the a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks and or services; (c) requirements, when necessary, for the interoperability of such services and to promote the achievement of the objectives set forth in Article 11-08, paragraph 2; d) the approval of terminal or other equipment interfacing with the network and technical requirements relating to the connection of such equipment to such networks; e) restrictions imposed a restriction on the interconnection of private, private leased or proprietary owned circuits with such networks or services, services or with circuits leased or owned by another service providerperson; orand f(d) communicationa licensing, permit, registration or licensing proceduresnotification procedure which, if adopted or maintained, is transparent and applications filed thereunder are processed expeditiously. 9. Notwithstanding paragraphs 1 through 8, a Party may impose conditions on access to and use of public telecommunications transport networks and services that are reasonable, non-discriminatory and necessary to strengthen its domestic telecommunications infrastructure and its capacity to supply telecommunications services and to increase its participation in international trade in such services.

Access to and use of Public Telecommunications Transport Networks and Services. 1. Each Party shall ensure that any service supplier suppliers of another the other Party is granted, on reasonable and non- discriminatory terms and conditions, in accordance with the rules established in the Party concerned, access to and use of public telecommunications transport networks and services for the supply of value- added services. This obligation shall be fulfilled, inter alia, through the application of paragraphs 2 to 9. 2. Each Party shall endeavor to ensure that pricing for access to and use of public telecommunications transport networks and services is cost-based; 3. Each Party shall ensure that service providers of other Parties have access to and use of any public telecommunications transport network or service offered within or across its bordersand service, including private leased circuits, offered in its territory or across its borders on reasonable, non-discriminatory, timely and transparent terms and conditions, including as those set out in paragraphs 2, 3, 4, 5 and 6. 2. To this end, each Each Party shall ensure, without prejudice to paragraphs 7 and 8, ensure that such service suppliers of the other Party are permittedpermitted to: 11-1 The obligations of a Party in this Chapter shall be applied in a non-discriminatory manner to suppliers of public telecommunications transport network or services of both Parties. (a) purchase or lease lease, and connect the attach terminal equipment or other equipment interfacing that interfaces with the network and necessary to provide the provider's servicespublic telecommunications transport network; (b) interconnect leased or owned circuits with public telecommunications transport networks and services in the territory, of that Party, or with circuits leased or owned by another service supplier; (c) perform switching, signaling and processing functions; (d) use the operating protocols chosen by the service provider for the provision of any service that is not their choice, other than as necessary to ensure the availability of telecommunication telecommunications transport networks and services to the general publicpublic generally; and (e) provide services to individual or multiple end-users over any leased or owned circuit(s) to the extent that the scope and type of such services are not inconsistent with each Party’s domestic laws and regulations. 4. Nothing in paragraphs 2 and 3 shall be construed to prevent cross-subsidization between public telecommunications transport services. 53. Each Party shall ensure that persons service suppliers of another the other Party may have access to and use of public telecommunications transport networks or and services for the transmission movement of information in its territory or across its borders, including for intra-corporate communications communications, and for access to information contained in databases or otherwise stored in any other machine-readable form in the territory of any Party provided that they are for private and exclusive use, without the provision of services to third parties and by making the international connection through entities authorized to provide international basic servicesother Party. 64. Notwithstanding paragraph 5the preceding paragraph, the Parties a Party may take such measures as are necessary to ensure the security and confidentiality of messages, provided or to protect the privacy of personal data of end- 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 international trade in services. 75. Taking into account Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks and services does not involve authorization to supply these services and that these services require authorization in all casesservices, each Party shall ensure that no conditions are imposed on users for access to and use of public telecommunications transport networks or services other than those that necessary forto: (a) to safeguard the public service responsibilities of suppliers of public telecommunications service providers or telecommunications networkstransport networks and services, in particular their ability to make their networks or services available to the general public;public generally; or (b) to protect the technical integrity of public telecommunication telecommunications transport networks or and services; and. c) ensure 6. Provided that service suppliers of they satisfy the other Parties only supply value-added services when they are permitted to do so in accordance with the commitments criteria set out in this Chapter. 8. Inthe event that they meet the criteria set forth in paragraph 75, the conditions for access to their and use of public telecommunications transport networks and services may include the followinginclude: (a) restrictions imposed on the resale or shared use of such services; b) the a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks and or services; c(b) requirements, when where necessary, for the interoperability inter-operability of such services and to promote the achievement of the objectives set forth in Article 11-08, paragraph 2services; d(c) the type approval of terminal or other equipment interfacing which interfaces with the network and technical requirements relating to the connection attachment of such equipment to such networks; e) restrictions imposed on the interconnection of private, leased or proprietary circuits with such networks or services, or with circuits leased by another service provider; or f(d) communicationnotification, registration or licensing proceduresand licensing. 9. Notwithstanding paragraphs 1 through 8, a Party may impose conditions on access to and use of public telecommunications transport networks and services that are reasonable, non-discriminatory and necessary to strengthen its domestic telecommunications infrastructure and its capacity to supply telecommunications services and to increase its participation in international trade in such services.

Access to and use of Public Telecommunications Transport Networks and Services. 1. Each Party shall ensure that any service supplier suppliers of another the other Party is granted, on reasonable and non- discriminatory terms and conditions, in accordance with the rules established in the Party concerned, access to and use of public telecommunications transport networks and services for the supply of value- added services. This obligation shall be fulfilled, inter alia, through the application of paragraphs 2 to 9. 2. Each Party shall endeavor to ensure that pricing for access to and use of public telecommunications transport networks and services is cost-based; 3. Each Party shall ensure that service providers of other Parties have access to and use of any public telecommunications transport network or service offered within or across its bordersand service, including private leased circuits, offered in its territory or across its borders on reasonable, nondiscriminatory, timely and transparent terms and conditions, including as those set out in paragraphs 2, 3, 4, 5 and 6. 2. To this end, each Each Party shall ensure, without prejudice to paragraphs 7 and 8, ensure that such service suppliers of the other Party are permittedpermitted to: (a) purchase or lease lease, and connect the attach terminal equipment or other equipment interfacing that interfaces with the network and necessary to provide the provider's servicespublic telecommunications transport network; (b) interconnect leased or owned circuits with public telecommunications transport networks and services in the territory, of that Party, or with circuits leased or owned by another service supplier; (c) perform switching, signaling and processing functions; (d) use the operating protocols chosen by the service provider for the provision of any service that is not their choice, other than as necessary to ensure the availability of telecommunication telecommunications transport networks and services to the general publicpublic generally; and (e) provide services to individual or multiple end-users over any leased or owned circuit(s) to the extent that the scope and type of such services are not inconsistent with each Party’s domestic laws and regulations. 4. Nothing in paragraphs 2 and 3 shall be construed to prevent cross-subsidization between public telecommunications transport services. 53. Each Party shall ensure that persons service suppliers of another the other Party may have access to and use of public telecommunications transport networks or and services for the transmission movement of information in its territory or across its borders, including for intra-corporate communications communications, and for access to 11-1 The obligations of a Party in this Chapter shall be applied in a non-discriminatory manner to suppliers of public telecommunications transport network or services of both Parties. information contained in databases or otherwise stored in any other machine-readable form in the territory of any Party provided that they are for private and exclusive use, without the provision of services to third parties and by making the international connection through entities authorized to provide international basic servicesother Party. 64. Notwithstanding paragraph 5the preceding paragraph, the Parties a Party may take such measures as are necessary to ensure the security and confidentiality of messages, provided or to protect the privacy of personal data of end-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 international trade in services. 75. Taking into account Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks and services does not involve authorization to supply these services and that these services require authorization in all casesservices, each Party shall ensure that no conditions are imposed on users for access to and use of public telecommunications transport networks or services other than those that necessary forto: (a) to safeguard the public service responsibilities of suppliers of public telecommunications service providers or telecommunications networkstransport networks and services, in particular their ability to make their networks or services available to the general public;public generally; or (b) to protect the technical integrity of public telecommunication telecommunications transport networks or and services; and. c) ensure 6. Provided that service suppliers of they satisfy the other Parties only supply value-added services when they are permitted to do so in accordance with the commitments criteria set out in this Chapter. 8. Inthe event that they meet the criteria set forth in paragraph 75, the conditions for access to their and use of public telecommunications transport networks and services may include the followinginclude: (a) restrictions imposed on the resale or shared use of such services; b) the a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks and or services; c(b) requirements, when where necessary, for the interoperability inter-operability of such services and to promote the achievement of the objectives set forth in Article 11-08, paragraph 2services; d(c) the type approval of terminal or other equipment interfacing which interfaces with the network and technical requirements relating to the connection attachment of such equipment to such networks; e) restrictions imposed on the interconnection of private, leased or proprietary circuits with such networks or services, or with circuits leased by another service provider; or f(d) communicationnotification, registration or licensing proceduresand licensing. 9. Notwithstanding paragraphs 1 through 8, a Party may impose conditions on access to and use of public telecommunications transport networks and services that are reasonable, non-discriminatory and necessary to strengthen its domestic telecommunications infrastructure and its capacity to supply telecommunications services and to increase its participation in international trade in such services.

Access to and use of Public Telecommunications Transport Networks and Services. 1. Each Party shall ensure that any service supplier of another Party is granted, on reasonable and non- discriminatory terms and conditions, in accordance with the rules established in the Party concerned, access to and use of public telecommunications transport networks and services for the supply of value- added services. This obligation shall be fulfilled, inter alia, through the application of paragraphs 2 to 9. 2. Each Party shall endeavor to ensure that pricing for access to and use of public telecommunications transport networks and services is cost-based; 3. Each Party shall ensure that service providers of other Parties have access to and use of any public telecommunications transport network or service offered within or across its borders, including private leased circuits. To this end, each Party shall ensure, without prejudice to paragraphs 7 and 8, that such suppliers are permitted: a) purchase or lease and connect the terminal equipment or other equipment interfacing with the network and necessary to provide the provider's services; b) use the operating protocols chosen by the service provider for the provision of any service that is not necessary to ensure the availability of telecommunication transport networks and services to the general public. 4. Nothing in paragraphs 2 and 3 shall be construed to prevent cross-subsidization between public telecommunications transport services. 5. Each Party shall ensure that persons of another Party may have access to and use of public telecommunications networks or services for the transmission of information in its territory or across its borders, including for intra-corporate communications and for access to information contained in databases or stored in any other machine-readable form in the territory of any Party provided that they are for private and exclusive use, without the provision of services to third parties and by making the international connection through entities authorized to provide international basic services. 6. Notwithstanding paragraph 5, the Parties may take such measures as are necessary to ensure the security and confidentiality of messages, provided that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade in services. 7. Taking into account that access to and use of public telecommunications transport networks and services does not involve authorization to supply these services and that these services require authorization in all cases, each Party shall ensure that no conditions are imposed on users for access to and use of public telecommunications transport networks or services other than those necessary for: a) to safeguard the public service responsibilities of public telecommunications service providers or telecommunications networks, in particular their ability to make their networks or services available to the general public; b) to protect the technical integrity of public telecommunication networks or services; and c) ensure that service suppliers of the other Parties only supply value-added services when they are permitted to do so in accordance with the commitments set out in this Chapter. 8. Inthe In the event that they meet the criteria set forth in paragraph 7, the conditions for access to their networks and services may include the following: a) restrictions imposed on the resale or shared use of such services; b) the requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks and services; c) requirements, when necessary, for the interoperability of such services and to promote the achievement of the objectives set forth in Article 11-08, paragraph 2; d) the approval of terminal or other equipment interfacing with the network and technical requirements relating to the connection of such equipment to such networks; e) restrictions imposed on the interconnection of private, leased or proprietary circuits with such networks or services, or with circuits leased by another service provider; or f) communication, registration or licensing procedures. 9. Notwithstanding paragraphs 1 through 8, a Party may impose conditions on access to and use of public telecommunications transport networks and services that are reasonable, non-discriminatory and necessary to strengthen its domestic telecommunications infrastructure and its capacity to supply telecommunications services and to increase its participation in international trade in such services.

Access to and use of Public Telecommunications Transport Networks and Services. 1. Each Party shall ensure that any service supplier suppliers of another the other Party is granted, on reasonable and non- discriminatory terms and conditions, in accordance with the rules established in the Party concerned, access to and use of public telecommunications transport networks and services for the supply of value- added services. This obligation shall be fulfilled, inter alia, through the application of paragraphs 2 to 9. 2. Each Party shall endeavor to ensure that pricing for access to and use of public telecommunications transport networks and services is cost-based; 3. Each Party shall ensure that service providers of other Parties have access to and use of any public telecommunications transport network or service offered within or across its bordersand service, including private leased circuits, offered in its territory or across its borders on reasonable, non-discriminatory, timely and transparent terms and conditions, including as those set out in paragraphs 2, 3, 4, 5 and 6. 2. To this end, each Each Party shall ensure, without prejudice to paragraphs 7 and 8, ensure that such service suppliers of the other Party are permittedpermitted to: (a) purchase or lease lease, and connect the attach terminal equipment or other equipment interfacing that interfaces with the network and necessary to provide the provider's servicespublic telecommunications transport network; (b) interconnect leased or owned circuits with public telecommunications transport networks and services in the territory, of that Party, or with circuits leased or owned by another service supplier; (c) perform switching, signaling and processing functions; (d) use the operating protocols chosen by the service provider for the provision of any service that is not their choice, other than as necessary to ensure the availability of telecommunication telecommunications transport networks and services to the general publicpublic generally; and (e) provide services to individual or multiple end-users over any leased or owned circuit(s) to the extent that the scope and type of such services are not inconsistent with each Party’s domestic laws and regulations. 4. Nothing in paragraphs 2 and 3 shall be construed to prevent cross-subsidization between public telecommunications transport services. 53. Each Party shall ensure that persons service suppliers of another the other Party may have access to and use of public telecommunications transport networks or and services for the transmission movement of information in its territory or across its borders, including for intra-corporate communications communications, and for access to information contained in databases or otherwise stored in any other machine-readable form in the territory of any Party provided that they are for private and exclusive use, without the provision of services to third parties and by making the international connection through entities authorized to provide international basic servicesother Party. 64. Notwithstanding paragraph 5the preceding paragraph, the Parties a Party may take such measures as are necessary to ensure the security and confidentiality of messages, provided or to protect the privacy of personal data of end- 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 international trade in services. 75. Taking into account Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks and services does not involve authorization to supply these services and that these services require authorization in all casesservices, each Party shall ensure that no conditions are imposed on users for access to and use of public telecommunications transport networks or services other than those that necessary forto: (a) to safeguard the public service responsibilities of suppliers of public telecommunications service providers or telecommunications networkstransport networks and services, in particular their ability to make their networks or services available to the general public;public generally; or (b) to protect the technical integrity of public telecommunication telecommunications transport networks or and services; and. c) ensure 6. Provided that service suppliers of they satisfy the other Parties only supply value-added services when they are permitted to do so in accordance with the commitments criteria set out in this Chapter. 8. Inthe event that they meet the criteria set forth in paragraph 75, the conditions for access to their and use of public telecommunications transport networks and services may include the followinginclude: (a) restrictions imposed on the resale or shared use of such services; b) the a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks and or services; c(b) requirements, when where necessary, for the interoperability inter-operability of such services and to promote the achievement of the objectives set forth in Article 11-08, paragraph 2services; d(c) the type approval of terminal or other equipment interfacing which interfaces with the network and technical requirements relating to the connection attachment of such equipment to such networks; e) restrictions imposed on the interconnection of private, leased or proprietary circuits with such networks or services, or with circuits leased by another service provider; or f(d) communicationnotification, registration or licensing proceduresand licensing. 9. Notwithstanding paragraphs 1 through 8, a Party may impose conditions on access to and use of public telecommunications transport networks and services that are reasonable, non-discriminatory and necessary to strengthen its domestic telecommunications infrastructure and its capacity to supply telecommunications services and to increase its participation in international trade in such services.

Access to and use of Public Telecommunications Transport Networks and Services. 1. Each Party shall ensure that any service supplier persons of another the other Party is granted, on reasonable and non- discriminatory terms and conditions, in accordance with the rules established in the Party concerned, access to and use of public telecommunications transport networks and services for the supply of value- added services. This obligation shall be fulfilled, inter alia, through the application of paragraphs 2 to 9. 2. Each Party shall endeavor to ensure that pricing for access to and use of public telecommunications transport networks and services is cost-based; 3. Each Party shall ensure that service providers of other Parties have access to and use of any public telecommunications transport network or service offered within or across its bordersservice, including private leased circuits, offered in its territory or across its borders for the conduct of their business, on reasonable and nondiscriminatory terms and conditions, including as those set out in paragraphs 2 through 8 . 2. To this endSubject to paragraphs 6 and 7, each Party shall ensure, without prejudice to paragraphs 7 and 8, ensure that such suppliers persons of the other Party are permittedpermitted to: (a) purchase or lease lease, and connect the attach terminal equipment or other equipment interfacing that interfaces with the network and necessary to provide the provider's servicespublic telecommunications transport network; (b) interconnect private leased or owned circuits with public telecommunications transport networks in the territory, or across the borders, of that Party, including those for use the operating protocols chosen in providing dial-up access to and from their customers or users, or with circuits leased or owned by the service provider for the provision of any service another person on terms and conditions mutually agreed by those persons; (c) perform switching, signaling and processing functions; and 2 For equipment that is not necessary to ensure the availability of telecommunication transport networks and services connected to the general publicpublic t elecommunications transport network or not referred to in this Agreement, the Parties shall abide by the standard-related provisions of Chapter 9 . (d) use operating protocols of their choice. 3. Each Party shall ensure that the pricing of public telecommunications transport services reflects economic costs directly related to providing the services. 4. Nothing in paragraphs 2 and 3 shall be construed to prevent cross-subsidization between public telecommunications transport services. 5. Each Party shall ensure that persons of another the other Party may have access to and use of public telecommunications transport networks or services for the transmission movement of information in its territory or across its borders, including for intra-corporate communications intracorporate communications, and for access to information contained in databases data bases or otherwise stored in any other machine-readable form in the territory of any Party provided that they are for private and exclusive use, without the provision of services to third parties and by making the international connection through entities authorized to provide international basic servicesother Party. 65. Notwithstanding paragraph 5Further to Article 20.1, the Parties may take such measures as are nothing in this Chapter shall be construed to prevent a Party from adopting or enforcing any measure necessary to to: (a) ensure the security and confidentiality of messages, provided that such measures are not applied in a manner which would constitute a means ; or (b) protect the privacy of arbitrary or unjustifiable discrimination or a disguised restriction on international trade in services. 7. Taking into account that access subscribers to and use of public telecommunications transport networks and services does not involve authorization to supply these services and that these services require authorization in all cases, each or services. 6. Each Party shall ensure that that, further to Article 12.5, no conditions are condition is imposed on users for access to and use of public telecommunications transport networks or services services, other than those that necessary forto: (a) to safeguard the public service responsibilities of providers of public telecommunications service providers transport networks or telecommunications networksservices, in particular their ability to make their networks or services available to the general public;public generally; or (b) to protect the technical integrity of public telecommunication telecommunications transport networks or services; and c) ensure that service suppliers of the other Parties only supply value-added services when they are permitted to do so in accordance with the commitments set out in this Chapter. 87. Inthe event Provided that they meet the criteria set forth in paragraph 7, the conditions for access to their and use of public telecommunications transport networks and or services satisfy the criteria set out in paragraph 6, such conditions may include the followinginclude: (a) restrictions imposed a restriction on the resale or shared use of such services; (b) the a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks and or services; (c) requirements, when necessary, for the interoperability of such services and to promote the achievement of the objectives set forth in Article 11-08, paragraph 2; d) the approval of terminal or other equipment interfacing with the network and technical requirements relating to the connection of such equipment to such networks; e) restrictions imposed a restriction on the interconnection of private, private leased or proprietary owned circuits with such networks or services, services or with circuits leased or owned by another service providerperson; orand f(d) communicationa licensing, permit, registration or licensing proceduresnotification procedure which, if adopted or maintained, is transparent and applications filed thereunder are processed expeditiously. 9. Notwithstanding paragraphs 1 through 8, a Party may impose conditions on access to and use of public telecommunications transport networks and services that are reasonable, non-discriminatory and necessary to strengthen its domestic telecommunications infrastructure and its capacity to supply telecommunications services and to increase its participation in international trade in such services.