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 persons of the other Party have access to and use of any public telecommunications transport network or service, 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. Subject to paragraphs 6 and 7, each Party shall ensure that persons of the other Party are permitted to: (a) purchase or lease, and attach terminal or other equipment that interfaces with the public 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 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 of their choice. 2 For equipment that is not connected to the public telecommunications transport network or not referred to in this Agreement, the Parties shall abide by the standard-related provisions of Chapter 9. 3. Each Party shall ensure that the pricing of public telecommunications transport services reflects economic costs directly related to providing the services. 4. Each Party shall ensure that persons of the other Party may use public telecommunications transport networks or services for the movement of information in its territory or across its borders, including for intracorporate communications, and for access to information contained in data bases or otherwise stored in machine-readable form in the territory of the other Party.

Access to and use of Public Telecommunications Transport Networks and Services. (9-2) 1. Each Party shall ensure that persons enterprises of the other Party have access to and use of any public telecommunications transport network or and service, including private leased circuits, offered in its territory or across its borders for the conduct of their businesson reasonable, on reasonable non- discriminatory (including with respect to timeliness), and non-discriminatory transparent terms and conditions, including as those set out in paragraphs 2 through 84. 2. Subject to paragraphs 6 and 7, each Each Party shall ensure that persons of the other Party such enterprises are permitted to: (a) purchase or lease, and attach terminal or other equipment that interfaces with the public telecommunications transport network; (b) interconnect private provide services to individual or multiple end-users over any leased or owned circuit(s); (c) connect leased or owned circuits with public telecommunications transport networks and services in the territory, or across the borders, of that Party, including those for use 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 personsenterprise; (cd) perform switching, signaling signaling, processing, and processing conversion functions; and (de) use operating protocols of their choice. 2 For equipment that is not connected to the public telecommunications transport network or not referred to in this Agreement, the Parties shall abide by the standard-related provisions of Chapter 9. 3. Each Party shall ensure that the pricing of public telecommunications transport services reflects economic costs directly related to providing the services. 4. Each Party shall ensure that persons enterprises of the other Party may use public telecommunications transport networks or and services for the movement of information in its territory or across its borders, including for intracorporate communications, borders and for access to information contained in data bases or otherwise stored in machine-readable form in the territory of the other either Party. 4. Notwithstanding paragraph 3, a Party may take such measures as are necessary to (a) ensure the security and confidentiality of messages; or (b) protect the privacy of customer proprietary network information; subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services.