Common use of Co-Location Clause in Contracts

Co-Location. 1. Each Party shall ensure that major suppliers in its territory provide to suppliers of public telecommunications networks or services of the other Party physical co-location of equipment necessary for interconnection or access to unbundled network elements in a timely fashion, on terms and conditions, and at cost-oriented rates, that are reasonable, non-discriminatory, and transparent. 2. Where physical co-location under paragraph 1 is not practical for technical reasons or because of space limitations, each Party shall ensure that major suppliers in its territory cooperate with suppliers of public telecommunications networks or services to find and implement a practical and commercially viable alternative solution in a timely fashion, on terms and conditions, and cost-oriented rates, that are reasonable, non-discriminatory and transparent. Such solutions may include, but are not limited to: (a) permitting facilities-based suppliers to locate equipment in a nearby building and to connect such equipment to the major supplier's network; (b) conditioning additional equipment space or virtual co-location in a timely fashion, on terms and conditions, and at cost oriented rates, that are reasonable, non-discriminatory and transparent; (c) optimising the use of existing space; or (d) finding adjacent space. 3. Each Party may determine, in accordance with its laws and regulations, the locations at which it requires major suppliers in its territory to provide the physical co- location or the practical and commercially viable alternative solutions referred to in paragraphs 1 and 2.

Co-Location. 1. Each Party shall ensure that major suppliers in its territory provide to suppliers of public telecommunications networks or services of the other Party physical co-location of equipment necessary for interconnection or access to unbundled network elements in a timely fashion, on terms and conditions, and at cost-oriented rates, that are reasonable, non-discriminatory, and transparent. 2. Where physical co-location under paragraph 1 is not practical for technical reasons or because of space limitations, each Party shall ensure that major suppliers in its territory cooperate with suppliers of public telecommunications networks or services to find and implement a practical and commercially viable alternative solution in a timely fashion, on terms and conditions, and cost-oriented rates, that are reasonable, non-discriminatory and transparent. Such solutions may include, but are not limited to: (a) permitting facilities-based suppliers to locate equipment in a nearby building and to connect such equipment to the major supplier's ’s network; (b) conditioning additional equipment space or virtual co-location in a timely fashion, on terms and conditions, and at cost oriented rates, that are reasonable, non-non- discriminatory and transparent; (c) optimising the use of existing space; or or (d) finding adjacent space. 3. Each Party may determine, in accordance with its laws and regulations, the locations at which it requires major suppliers in its territory to provide the physical co- location or the practical and commercially viable alternative solutions referred to in paragraphs 1 and 2.