1. A Party shall ensure that enterprises of the other Party are accorded access to and use
of public telecommunications transport networks or services on reasonable and nondiscriminatory
terms and conditions, including with respect to quality, technical standards and specifications. The Parties shall apply this obligation, among other
things, as set out in paragraphs 2 through 6.
2. Each Party shall ensure that enterprises of the other Party have access to and use of
any public telecommunications transport network or service offered within or across
its borders, including private leased circuits, and to this end shall ensure, subject to
paragraphs 5 and 6, that these enterprises are permitted to:
(a) purchase or lease, and attach terminal or other equipment which interfaces with
the public telecommunications transport network;
(b) connect private leased or owned circuits with public telecommunications
transport networks and services of that Party or with circuits leased or owned
by another enterprise;
(c) use operating protocols of their choice; and
(d) perform switching, signalling, and processing functions.
3. Each Party shall ensure that enterprises of the other Party may use public
telecommunications transport networks and services for the movement of
information in its territory or across its borders, including for intra-corporate
communications of these enterprises, and for access to information contained in data
bases or otherwise stored in machine-readable form in the territory of either Party.
4. Further to Article 28.3 (General exceptions), and notwithstanding paragraph 3, a
Party shall take appropriate measures to protect:
(a) the security and confidentiality of public telecommunications transport
(b) the privacy of users of public telecommunications transport services,
subject to the requirement that these measures are not applied in a manner that would
constitute a means of arbitrary or unjustifiable discrimination or a disguised
restriction on trade.
5. Each Party shall ensure that no condition is imposed on access to and use of public
telecommunications transport networks or services other than as necessary to:
(a) safeguard the public service responsibilities of suppliers of public
telecommunications transport networks or services, in particular their ability to
make their networks or services available to the public generally;
(b) protect the technical integrity of public telecommunications transport networks
or services; or
(c) ensure that service suppliers of the other Party do not supply services limited
by the Party’s reservations as set out in its Schedule to Annexes I or II.
6. Provided that they satisfy the criteria in paragraph 5, conditions for access to and use
of public telecommunications transport networks or services may include:
(a) restrictions on resale or shared use of these services;
(b) a requirement to use specified technical interfaces, including interface
protocols, for connection with such networks or services;
(c) requirements, where necessary, for the inter-operability of these services;
(d) type approval of terminal or other equipment that interfaces with the network
and technical requirements relating to the attachment of that equipment to the
(e) restrictions on connection of private leased or owned circuits with these
networks or services or with circuits leased or owned by another enterprise;
(f) notification, registration and licensing.