Section 156p. 156

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

transport

means

for

other

economic

activities,

the

Members have agreed to the following Annex with the

objective

of

elaborating

upon the provisions of the

Agreement with respect to measures affecting access to

and

use

of

public

telecommunications

transport

networks and services. Accordingly, this Annex provides

notes and supplementary provisions to the Agreement.

2. Scope

(a) This Annex shall apply to all measures of a Member

that

affect

access

to

and

use

of

public

telecommunications transport networks and services. 14

(b) This Annex shall not apply to measures affecting the

cable or broadcast distribution of radio or television

programming.

(c) Nothing in this Annex shall be construed:

(i) to require a Member to authorize a service supplier of

any other Member to establish, construct, acquire, lease,

operate,

or

supply

telecommunications

transport

networks or services, other than as provided for in its

Schedule; or

(ii) to require a Member (or to require a Member to oblige

service

suppliers

under

its

jurisdiction)

to

establish,

construct,

acquire,

lease,

operate

or

supply

telecommunications transport networks or services not

offered to the public generally.

3. Definitions

For the purposes of this Annex:

(a) "Telecommunications" means the transmission and

reception of signals by any electromagnetic means.

(b) "Public telecommunications transport service" means

any

telecommunications

transport

service

required,

explicitly or in effect, by a Member to be offered to the

public generally. Such services may include, inter alia ,

telegraph,

telephone,

telex,

and

data

transmission

typically

involving

the

real-time

transmission

of

customer-supplied information between two or more

points without any end-to-end change in the form or

content of the customer's information.

(c)

"Public

telecommunications

transport

network"

means

the

public

telecommunications

infrastructure

which permits telecommunications between and among

defined network termination points.

(d)

"Intra-corporate

communications"

means

telecommunications

through

which

a

company

communicates within the company or with or among its

subsidiaries,

branches

and,

subject

to

a

Member's

domestic

laws

and

regulations,

affiliates.

For

these

purposes,

"subsidiaries",

"branches"

and,

where

applicable,

"affiliates"

shall

be

as

defined

by

each

Member. "Intra-corporate communications" in this Annex

excludes commercial or non-commercial services that are

supplied to companies that are not related subsidiaries,

branches or affiliates, or that are offered to customers or

potential customers.

(e) Any reference to a paragraph or subparagraph of this

Annex includes all subdivisions thereof.

4. Transparency

In the application of Article III of the Agreement, each

Member

shall

ensure

that

relevant

information

on

conditions

affecting

access

to

and

use

of

public

telecommunications transport networks and services is

publicly available, including: tariffs and other terms and

conditions of service; specifications of technical interfaces

with such networks and services; information on bodies

responsible for the preparation and adoption of standards

affecting such access and use; conditions applying to

attachment

of

terminal

or

other

equipment;

and

notifications, registration or licensing requirements, if

any.

5. Access to and use of Public Telecommunications

Transport Networks and Services

(a) Each Member shall ensure that any service supplier of

any other Member is accorded access to and use of public

telecommunications transport networks and services on

reasonable and non-discriminatory terms and conditions,

for the supply of a service included in its Schedule. This

obligation shall be applied, inter alia , through paragraphs

(b) through (f). 15

(b) Each Member shall ensure that service suppliers of

any other Member have access to and use of any public

telecommunications transport network or service offered

within or across the border of that Member, including

private leased circuits, and to this end shall ensure,

subject to paragraphs (e) and (f), that such suppliers are

permitted:

(i) to purchase or lease and attach terminal or other

equipment which interfaces with the network and which

is necessary to supply a supplier's services;

(ii) to interconnect private leased or owned circuits with

public

telecommunications

transport

networks

and

services or with circuits leased or owned by another

service supplier; and

(iii) to use operating protocols of the service supplier's

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.

(c) Each Member shall ensure that service suppliers of any

other

Member

may

use

public

telecommunications

transport networks and services for the movement of

information 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 any Member. Any new or amended

measures of a Member significantly affecting such use

shall be notified and shall be subject to consultation, in

accordance with relevant provisions of the Agreement.

(d) Notwithstanding the preceding paragraph, a Member

may take such measures as are necessary to ensure the

security and confidentiality of messages, 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.

(e)

Each

Member shall ensure that no condition is

imposed

on

access

to

and

use

of

public

telecommunications

transport

networks

and services

other than as necessary:

(i) 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;

(ii)

to

protect

the

technical

integrity

of

public

telecommunications transport networks or services; or

(iii) to ensure that service suppliers of any other Member

do not supply services unless permitted pursuant to

commitments in the Member's Schedule.

(f) Provided that they satisfy the criteria set out in

paragraph (e), conditions for access to and use of public

telecommunications

transport

networks

and services

may include:

(i) restrictions on resale or shared use of such services;

(ii) a requirement to use specified technical interfaces,

including interface protocols, for inter-connection with

such networks and services;

(iii)

requirements,

where

necessary,

for

the

inter-operability of such services and to encourage the

achievement of the goals set out in paragraph 7(a);

(iv) type approval of terminal or other equipment which

interfaces with the network and technical requirements

© Compiled by RGL

156 of 163