Options for Interconnection with Major Suppliers
3. Each Party shall ensure that a major supplier in its territory provides public telecommunications service suppliers of the other Party the opportunity to interconnect their facilities and equipment with those of such major supplier through:
(a) the negotiation of a new interconnection agreement;
(b) a reference interconnection offer containing the rates, terms and conditions that the major supplier generally offers to suppliers of public telecommunications services; or
(c) the terms and conditions of an existing interconnection agreement.
Public Availability of Offers and Interconnection Agreements
4. If a major supplier in the territory of a Party has a reference interconnection offer, that Party shall require that the offer be made publicly available.
5. Each Party shall make publicly available the procedures applicable to interconnection negotiations with a major supplier in its territory.
6. Each Party shall require a major supplier in its territory to register all interconnection agreements to which it is a party with its telecommunications regulatory body.
7. Each Party shall make publicly available the interconnection agreements in force between a major supplier in its territory and other suppliers of public telecommunications services in its territory.
Article 12.5. Competitive Safeguards
1. Each Party shall maintain appropriate measures to prevent suppliers of public telecommunications services that, alone or jointly, are a major supplier in its territory from engaging or continuing to engage in anti-competitive practices.
2. The anticompetitive practices referred to in paragraph 1 include in particular:
(a) to make anticompetitive cross-subsidies;
(b) using information obtained from competitors with anticompetitive results; and
(c) failure to make available, in a timely manner, to suppliers of public telecommunications services, technical information on essential facilities and commercially relevant information that they need supply public telecommunications services (5).
Article 12.6. Submarine Cable Systems
Each Party shall ensure reasonable and non-discriminatory treatment for access to submarine cable systems (including platform facilities) in its territory to a supplier of public telecommunications services of the other Party, where such supplier of the other Party is authorized to operate a submarine cable system as a public telecommunications service
Article 12.7. Independent Regulatory Bodies
1. Each Party shall ensure that its telecommunications regulatory body is separate from, and not accountable to, any supplier of public telecommunications services.
2. In order to ensure the independence and impartiality of telecommunications regulatory bodies, each Party shall ensure that its telecommunications regulatory body does not have a financial interest or maintain an operational or management role in such provider.
3. Each Party shall ensure that the regulatory decisions and procedures of its telecommunications regulatory body are impartial with respect to all market participants.
Article 12.8. Universal Service
1. Each Party has the right to define the type of universal service obligations it wishes to adopt or maintain.
2. Such obligations shall not be considered anti-competitive per se, provided that they are administered in a transparent, non-discriminatory, and competitively neutral manner and cach Party shall ensure that its universal service obligation is no more burdensome than necessary for the type of universal service it has defined.
Article 12.9. Qualifying Titles
1. Where a Party requires a supplier of public telecommunications services to hold a qualification, that Party shall make such qualification publicly available:
(a) the criteria and procedures for the granting of enabling titles that it applies;
(b) the period normally required to make a decision on an application for a qualifying title; and
(c) the terms and conditions of all current licenses.
2. Each Party shall ensure that, upon request, an applicant is provided with the reasons for the denial of a qualifying title
Article 12.10. Allocation and Use of Scarce Resources
1. Each Party shall administer its procedures for the allocation and use of scarce telecommunications resources, including frequencies, numbers and rights-of-way, in an objective, timely, transparent and non-discriminatory manner.
2. Each Party shall make available to the public the current distribution status of allocated frequency bands, but retains the right not to provide detailed identification of frequencies allocated or assigned for specific governmental uses.
3. Each Party's measures allocating and assigning spectrum and managing frequencies are not measures that are per se inconsistent with Article 10.4 (Market Access) either as applied to cross-border trade in services or through the operation of Article 15.1 (Scope and Coverage) to an investor or covered investment of the other Party. Accordingly, each Party retains the right to establish and apply spectrum and frequency management measures, which may have the of limiting the number of suppliers of public telecommunications services. This includes the ability to allocate the frequency bands taking into account the needs of the and the availability of spectrum.
Article 12.11. Compliance
Each Party shall provide its competent authority with the authority to enforce the Parties! measures relating to the obligations set forth in Articles 12.3, 12.4, 12.5 and 12.7. Such authority shall include the ability to impose sanctions, or other measures that could include financial penalties, precautionary measures (temporary or definitive), corrective orders, or the modification, suspension, or revocation of licenses.
Article 12.12. Settlement of Internal Telecommunications Disputes between Suppliers
Disputes between suppliers of public telecommunication networks or services
In addition to Articles 22.4 (Administrative Procedures) and 22.5 (Review and Challenge), each Party shall ensure that:
Resource
(a) (i a supplier of public telecommunications networks or services of a Party established in the other Party may have recourse, in accordance with the procedures set forth in its law, to its telecommunications regulatory body to resolve disputes relating to measures of the other Party concerning the matters set forth in Articles 12.3, 12.4 and 12.5; and
(ji) a supplier of public telecommunications networks or services of a Party established in the other Party that has requested interconnection with a major supplier in the territory of the other Party may, within a reasonable and publicly specified period of time after the supplier requests interconnection, have recourse to its telecommunications regulatory body to resolve disputes regarding the terms, conditions, and rates for interconnection with that major supplier;
Judicial Review
(b) a supplier of public telecommunications networks or services of a Party established in the other Party whose legally protected interests are adversely affected by a determination or decision of the telecommunications regulatory body of the other Party may obtain a review of the determination or decision by an impartial judicial authority, and independent of the other Party (6).
Article 12.13. Transparency
1. In addition Article 22.2 (Publication), each Party shall ensure that its measures relating to public telecommunications networks and services are made publicly available, including:
(a) measures relating to:
(i) rates and other terms and conditions of service;
(ii) specifications of the technical interfaces;
(iii) conditions for the connection of terminal or other equipment to public telecommunication networks; and
(iv) notification or qualification requirements, if any; and
(b) proceedings related to judicial or other contentious proceedings.
2. In addition to Article 22.2 (Publication), each Party shall endeavor to:
(a) publish or make available to the public the regulations of its telecommunications regulatory body and the end-user tariffs filed with the telecommunications regulatory body; and
(b) give suppliers of public telecommunications networks or services of a Party established in the other Party advance public notice of, and an opportunity to comment on, any regulations proposed by its public telecommunications agency.
Article 12.14. Flexibility In Choice of Technologies
No Party shall prevent suppliers of public telecommunications services from having the flexibility to choose the technologies they use to supply their services, subject to requirements necessary to satisfy legitimate public policy interests.
Article 12.15. Relationship with other Chapters
In the event of any inconsistency between this Chapter and another Chapter, this Chapter shall prevail to the extent of the inconsistency.
Chapter 13. Electronic Commerce
Article 13.1. Definitions
For the purposes of this Chapter:
electronic authentication means the process or action of verifying the identity of a party to an electronic communication or transaction;
trade facilitation documents means forms that a Party dispatches or controls that are required to be completed by or for an importing or exporting Party in connection with the importation or exportation of goods;
personal information: means any information, including data, about an identified or identifiable natural person;
electronic means means the use of computerized processing;
carrier medium means any physical object capable of storing digital codes that will bear a digital product. by any method now known or later developed, and from which a digital product can be perceived, reproduced or communicated, directly or indirectly, and includes optical media, floppy disks and magnetic tapes;
unsolicited electronic commercial messages means an electronic message that is sent for commercial or advertising purposes without the consent of the recipients, or against the explicit will of the recipient, using an Internet access service or, in accordance with
the legal system of each Party, by other telecommunications services;
digital products means computer programs, text, video, images, sound recordings and. other products that are digitally encoded and can be transmitted electronically (1);
electronic transmission or electronically transmitted means the transfer of digital products using any electromagnetic or photonic means.
Article 13.2. General Provisions
1. The Parties recognize the economic growth and opportunity that electronic commerce generates, the importance of avoiding obstacles to its use and development, and the applicability of WTO rules to measures affecting electronic commerce.
2. The Countries agree to promote the development of commerce among themselves, in particular by cooperating in matters relating to electronic commerce under this Chapter.
3. Considering the potential of electronic commerce as an incentive for social and economic development, the Parties recognize the importance of:
(a) the clarity, transparency and predictability of their national regulatory frameworks to facilitate, to the extent possible, the development of electronic commerce;
(b) interoperability, to facilitate e-commerce;
(c) innovation and digitalization in e-commerce;
(d) ensure that international and national e-commerce policies take into account the interests of its stakeholders;
(e) facilitating access to e-commerce for MSMEs; and
(f) guarantee the security of e-commerce users, as well as their right to the protection of personal data.
Article 13.3. Electronic Provision of Services
For greater certainty, the Parties affirm that measures affecting the supply of a service using electronic means are within the scope of the obligations contained in the relevant provisions of Chapters 10 (Cross-Border Trade), 11 (Financial Services) and 15 (Investment), subject to any exceptions or non-conforming measures set out in the Agreement, which are applicable to such obligations.
Article 13.4. Customs Duties
1. No Party shall impose customs duties, tariffs or other charges in connection with the import or export of digital products by electronic transmission.
2. For greater certainty, nothing in this Chapter shall be construed to prevent a Party from imposing internal taxes, directly or indirectly, on digital products, provided that such taxes are imposed in a manner consistent with this Agreement.
Article 13.5. Non-Discriminatory Treatment of Digital Products
1. No Party shall accord less favorable treatment to electronically traded digital products:
(a) that are created, produced, published, published, stored, transmitted, transmitted, contracted, co-branded or made available for the first on commercial terms, in the territory of the other Paige, than that which grants the same or similar digital products that created, produced, published, stored, transmitted, transmitted, contracted, co-branded or made available for the first time on commercial terms, in its territory; or
(b) the author, performer, producer or manager of which is a person of the other Party than that which it grants to the same or similar digital products transmitted. electronically the author, performer, producer or manager of which is a person of its territory. (2)
2. No Party shall accord less favorable treatment to digital products transmitted electronically:
(a) that are created, produced, published, published, stored, transmitted, contracted, commissioned, or made available for the first time on commercial terms, in the territory of the other Party, than that granted to the same or similar digital products that created, produced, published, stored, transmitted, contracted, commissioned, or made available for the first time on commercial terms, in the territory of a non-Patel State; or
(b) whose author, performer, producer, manager, or is a person of the other Party than that which it grants to the same or similar digital products transmitted. electronically whose author, performer, producer, or manager is a person of a non- Party.
3. Paragraphs 1 and 2 do not apply to any nonconforming measure referred in articles 10.6 (Nonconforming Measures), 11.10 (Nonconforming Measures) and 15.8 (Nonconforming Measures).
Article 13.6. Electronic Signature (3)
1. A Party not deny the legal validity of an electronic signature solely on the ground that it is made by electronic means, unless expressly provided for in its own legal system.
2. No Party may adopt or maintain legislation on electronic authentication that prevents the parties to an transaction from having the opportunity to prove before the appropriate judicial or administrative authorities that the electronic transaction complies with the authentication requirements established by its legislation.
3. The Parties shall encourage the use of interoperable electronic signatures.
Article 13.7. Consumer Protection
1. The Parties recognize the importance of maintaining and adopting transpai-ent and effective measures to protect from deceptive and misleading commercial practices in electronic commerce.
2. To this end, the Parties shall endeavor to exchange information and experiences on national systems for the protection of consumers involved in electronic commerce.
3. Each Party shall adopt or maintain consumer protection legislation to prohibit fraudulent and deceptive business practices that cause harm or potential harm to consumers who engage in online commercial activities.
4. The Parties recognize the importance cooperation between their respective protection agencies or other competent bodies in activities related to cross-border electronic commerce in order to improve consumer welfare.
Article 13.8. Personal Data Protection
1. The Parties recognize the benefits of adopting or maintaining legislation for the protection of the personal data of users of electronic commerce in order to ensure their confidence in electronic commerce. In addition, the Parties shall take into consideration existing international standards in this area.
2. The Parties shall adopt or maintain laws, regulations or administrative measures for the protection of personal information of users participating in electronic commerce.
3. To this end, the Parties shall endeavor to share information and experiences on the protection of personal data in electronic commerce.
Article 13.9. Paperless Trading
1, Each Party shall endeavor to make trade administration documents available to the public in electronic form.
2. Each Party shall endeavor to accept trade administration documents submitted electronically in accordance with its legislation as the legal equivalent of a paper version of such documents.
Article 13.10. Transparency
Each Party shall, in accordance with its legislation, publish or otherwise make available to the public its laws, regulations, procedures, administrative decisions and other measures of general application relating to commerce.
Article 13.11. Open Government Data
1. The Parties recognize the benefits of facilitating digital and public access to government information whose disclosure not restricted and that this fosters economic and. social development, competitiveness and innovation.
2. To the extent a Party decides to make government information, including data, publicly available, it shall endeavor, to the extent practicable, to ensure that the information is in a machine-readable and open format and can be searched and retrieved.
3. The Parties shall seek to cooperate to identify ways in which each Party can expand access to and use of key government information, including data, that the Party has made public, in order to enhance and generate business opportunities, especially for small and medium-sized enterprises.
Article 13.12. Unsolicited Commercial Electronic Messages
1. Each Party shall adopt or maintain measures regarding unsolicited commercial electronic communications that:
(a) require providers of unsolicited commercial electronic communications to facilitate the ability of recipients to prevent the continued receipt of such messages; or
(b) require the consent of the recipients, as specified in with the legal system of each Party, to receive electronic communications.
2. Each Patee shall mechanisms against providers of unsolicited commercial electronic communications that do not comply with the measures adopted or maintained in accordance with pail.
3. The Parties shall endeavor to cooperate in appropriate cases of mutual interest relating to the regulation of unsolicited commercial electronic messages.
Article 13.13. Cooperation
1. The Parties recognize the importance of cooperation mechanisms in matters arising from electronic commerce, inter alia, to address the following:
(a) protection personal data;
(b) the processing of unsolicited commercial e-mails;
(c) e-commerce security;
(d) consumer protection in the e-commerce environment; and
(e) other matters of mutual interest relevant to the development electronic commerce.
2. The Parties will seek to share information and experiences on laws and regulations related to electronic commerce and will seek to cooperate to MSMEs overcome the obstacles they face in the use of electronic commerce.
3. Recognizing the global nature of electronic commerce, will actively participate in regional and international fora to promote the development of electronic commerce and to exchange views, as necessary, in the context of such fora on matters related to electronic commerce.
Article 13.14. Cooperation In the Field of Cybersecurity
The Parties recognize the importance of:
(a) to develop the capabilities of their national entities responsible for cybersecurity and cyber security incident response;
(b) use collaborative mechanisms to cooperate in the identification and mitigation of malicious intrusions or dissemination of malicious code affecting the Parties! electronic networks; and
(c) inteicarnbiar good practices and ineclitlas to prevent cybersecurity incidents.
Article 13.15. MSMEs
1. The Parties recognize the fundamental role of MSMEs in maintaining dynamism and. improving competitiveness in electronic commerce.
2. With a view to improving trade and investment opportunities for MSMEs in electronic commerce, the Parties shall endeavor to:
(a) exchange information and best practices in leveraging digital tools and technology to improve the capabilities and market reach of MSMEs;
(b) encouraging the participation of MSMEs in online platforms and other mechanisms that help MSMEs link with international suppliers, buyers and other potential business partners; and.
(c) foster close cooperation in digital areas that could help MSMEs adapt and thrive in the digital economy.