2. Each Party may determine the network elements required to be available in its territory and the providers that may obtain such elements, in accordance with its legal system.
Article 10.15. Supply and Pricing of Leased Circuits
1. Each Party shall ensure that major suppliers in its territory supply leased circuits to enterprises of the other Party on terms, conditions and rates that are reasonable and non-discriminatory.
2. To comply with paragraph 1, each Party shall give its telecommunications regulatory body the authority to require major suppliers in its territory to offer leased circuits to the other Party's companies at capacity-based, cost-oriented prices.
Article 10.16. Co-location
1. Each Party shall ensure that major suppliers in its territory provide to telecommunications service suppliers of the other Party the physical co-location of equipment necessary to interconnect or access unbundled network elements on terms, conditions and cost-oriented rates that are reasonable, non-discriminatory and based on generally available supply. To this end, they shall make available to other suppliers the physical space and ancillary services requested, in their own facilities, to the extent technically feasible and on the same terms and conditions as those of their own equipment or those agreed with other suppliers.
2. When physical co-location is not practicable for technical reasons or due to space limitations, each Party shall ensure that major suppliers in its territory provide an alternative solution, under the same terms, conditions and rates as in the preceding paragraph.
3. Each Party may determine, in accordance with its legal system, the facilities subject to paragraphs 1 and 2.
Article 10.17. Access to Poles, Pipelines, Ducts and Rights-of-way
The Parties shall promote measures for the purpose of preventing major suppliers in their territory from denying access to poles, pipelines, ducts and rights-of-way owned or controlled by such major suppliers in a manner that may constitute anti-competitive practices.
Article 10.18. Independent Regulatory Agencies
1. Each Party shall ensure that its telecommunications regulatory body is independent and legally and accountantly separate from, and not accountable to, any supplier of telecommunications services.
2. Each Party shall ensure that the decisions and procedures of its telecommunications regulatory body are impartial with respect to all market participants. To this end, each Party shall ensure that any financial interest it has in a telecommunications service supplier does not influence the decisions and proceedings of its telecommunications regulatory body.
3. No Party shall accord to a supplier of telecommunications services treatment more favorable than that accorded to a like supplier of the other Party on the ground that the supplier receiving the more favorable treatment is owned in whole or in part by the national government of either Party.
Article 10.19. Mutual and Technical Cooperation
The regulatory agencies of the Parties shall cooperate in:
(a) The exchange of experiences and information on telecommunications policy, regulation and standards;
(b) The promotion of training spaces by the competent telecommunications authorities for the development of specialized skills;
(c) Coordination and search for common positions, to the extent possible, in the different international organizations in which they participate, and
(d) The exchange of information on strategies that allow access to telecommunications services in rural areas and priority attention zones established by each Party.
Article 10.20. Qualifying Title
1. Where a Party requires a qualification from a supplier of telecommunications services, it shall make such qualification publicly available:
(a) The criteria and procedures applicable for the granting thereof;
(b) The period of time normally required to make a decision on such a tequest, and
(c) The terms and conditions of any qualification it has issued.
2. Each Party shall ensure that, upon request, an applicant receives the reasons for the denial of a qualification.
Article 10.21. Allocation, Assignment and Use of Scarce Resources
1. Each Party shall administer its procedures for the allocation, assignment and use of scarce telecommunications resources including frequencies, numbers and rights of way in an objective, timely, transparent and non-discriminatory manner, except those related to governmental uses.
2. Each Party shall make available to the public the current status of allocated frequency bands but shall not be required to provide detailed identification of frequencies allocated for specific governmental uses.
3. A Party's measures relating to spectrum allocation and assignment and frequency management do not per se constitute measures inconsistent with Article 9.4 (Market Access). Accordingly, each Party retains the right to establish and apply its spectrum and frequency management policies, which may have the effect of limiting the number of suppliers of telecommunications services, provided that this is done in a manner that is consistent with this Agreement. Each Party also retains the right to allocate and assign frequency bands taking into account present and future needs and spectrum availability.
4. When assigning spectrum for non-government telecommunications services, each Party shall endeavor to rely on an open and transparent public process that considers the public interest. Each Party shall endeavor to rely, in general, on market-based approaches in assigning spectrum for terrestrial non-government telecommunications services.
Article 10.22. Transparency
Each Party shall ensure that:
(a) The regulation of the telecommunications regulatory body, including the considerations for such regulation, be promptly published or made available to the public;
(b) Interested persons be given, to the extent possible, by public notice, with adequate advance notice, the opportunity to comment on any regulation proposed by the regulatory agency telecommunications regulatory agency proposes, and
(c) User fees are made available to the public.
Article 10.23. Quality of Service
1. Each Party shall establish measures to regulate, monitor and oversee the quality of telecommunications services with the indicators, parameters and procedures established by its telecommunications regulatory body.
2. Each Party shall ensure that:
(a) Telecommunication service providers, in their territory, or
(b) Its telecommunications regulatory body,
publish indicators of the quality of service provided to users of telecommunications services.
3. Each Party shall provide, at the request of the other Party, the methodology used for the calculation or measurement of the quality of service indicators, as well as the goals that have been defined for their compliance, in accordance with its legal system.
Article 10.24. International Roaming
1. Within one (1) year from the entry into force of this Agreement, the international roaming service between service suppliers providing mobile telephony telecommunications and mobile data transmission services (as so understood in this Chapter) shall be governed by the following provisions:
(a) The suppliers mentioned in the preceding paragraph shall apply to their users who use international roaming services in the territory of the other Party, the same rates or prices they charge for mobile services in their own country, according to the modality contracted by each user;
(b) Therefore, such rates or prices shall be applied to the following cases: @ when a user of a provider in Argentina is in Chile and originates voice and messaging communications to Argentina or Chile, and receives voice and messaging communications from Chile or Argentina;
(ii) when a user of a provider in Chile is located in Argentina and originates voice and messaging communications to Chile or Argentina, and receive voice and messaging communications from Chile or Argentina, and
(iii) when auser of a supplier of a Party accesses data services (Internet access) in international roaming, in the territory of the other Party.
2. Each Party shall adopt or maintain measures to:
(a) Ensure that the information on tariffs or retail prices referred to in paragraph 1 is easily accessible to the public;
(b) Minimize impediments or barriers to the use of technological alternatives to international roaming, allowing users of the other Party, visiting its territory, to access telecommunications services using the devices of their choice; and
(c) Implement mechanisms whereby telecommunications service providers allow international roaming users to control their data, voice and text message (Short Message Service) consumption.
3. Each Party shall ensure that its providers offer international roaming users regulated by this Article the same quality of service as its domestic users.
4. The Parties shall monitor compliance with the provisions of this article, in accordance with their respective legal systems.
5. The Ministry of Modernization and the Ente Nacional de Comunicaciones, for the Argentine Republic, or their successors, and the Subsecretaria de Telecomunicaciones, for the Republic of Chile, or their successors, shall coordinate the simultaneous implementation of this Article.
6. The Parties undertake to work together, within a period of two (2) years from the signature of this Agreement, through the competent fiscal and tax authorities, with the purpose of harmonizing the value added tax treatment applicable to international roaming services.
Article 10.25. Flexibility In the Choice of Technologies
1. No Party may prevent telecommunications service suppliers from having the flexibility to choose the technologies they wish to use for the supply of their services, subject to requirements necessary to satisfy legitimate public policy interests.
2. When a Party finances the development of advanced networks, it may condition its financing on the use of technologies that meet its specific public policy interests.
Article 10.26. Protection of Users of Telecommunication Services
The Parties shall guarantee the following rights to users of telecommunications services:
(a) To obtain the supply of telecommunications services in accordance with the quality parameters contracted or established by the competent authority, and
(b) In the case of persons with disabilities, to obtain information on the rights they enjoy. The Parties shall use the means available for this purpose.
Article 10.27. Internal Procedures for the Settlement of Disputes Telecommunication Disputes
In addition to Articles 16.5 (Administrative Procedures) and 16.6 (Review and Challenge), each Party shall ensure that:
Resources
(a) The enterprises of the other Party may resort to the telecommunications regulatory body or other competent body to resolve disputes related to domestic measures regarding the matters set forth in Articles 10.3 through 10.19;
(b) Suppliers of telecommunications services of the other Party that have requested interconnection with a major supplier in the territory of the Party may apply to the telecommunications regulatory body or other competent body, within a specific reasonable and public time period following the supplier's request for interconnection, to resolve disputes regarding the terms, conditions and rates for interconnection with such major supplier;
Reconsideration
(c) Any enterprise that is aggrieved or whose interests are adversely affected by a determination or decision of the national telecommunications regulatory body may petition the national telecommunications regulatory body to reconsider such determination or decision. No Party shall allow such a request to be a basis for non-compliance with the determination or decision of the telecommunications regulatory body, unless a competent authority suspends such determination or decision. A Party may limit the circumstances in which reconsideration is available, in accordance with its legal system;
Judicial Review
(d) Any company that is aggrieved or whose interests have been adversely affected by a resolution or decision of the national telecommunications regulatory body may obtain a judicial review of such resolution or decision by an independent judicial authority. An application for judicial review shall not constitute grounds for non-compliance with such resolution or decision, unless it is suspended by the competent judicial body.
Article 10.28. Relationship to other Chapters
In the event of any inconsistency between this Chapter and another Chapter of this Agreement, this Chapter shall prevail to the extent of the inconsistency.
Chapter 11. ELECTRONIC COMMERCE
Article 11.1. 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;
electronic commerce means commerce conducted through telecommunications alone, or in conjunction with other information and communications technologies;
trade administration documents means forms that a Party issues or controls, which have to be completed by or for an importer or exporter in connection with the importation or exportation of goods and services;
advanced digital/electronic signature means data in electronic form attached to an electronic document that identifies the signatory or signatory and guarantees the integrity of the document;
personal information means any information about an identified or identifiable natural person;
computer facilities means computer servers and storage devices for processing or storing information for commercial use;
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 service or, in accordance with the Party's legal system, by other telecommunications services.
Article 11.2. Scope of Application and General Provisions
1. This Chapter applies to measures affecting electronic commerce.
2. This Chapter shall not apply to:
(a) Public procurement;
(b) Subsidies or concessions provided by a Party, including loans, guarantees and insurance supported by States;
(c) Information held or processed by or on behalf of a Party, or measures related to such information, including measures related to its compilation, and
(d) Financial services, as defined in Article XII of the Fifty-third Additional Protocol to ACE N° 35.
3. For greater certainty, this Chapter is subject to the provisions, exceptions or non- conforming measures set forth in other chapters or annexes of this or other relevant treaties entered into between the Parties.
4. The Parties recognize the economic potential and opportunities provided by electronic commerce.
5. Considering the potential of electronic commerce as a tool 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) Encourage self-regulation in the private sector to promote trust in e-commerce, taking into account the interests of users, through initiatives such as industry guidelines, model contracts, codes of conduct and trust seals;
(c) Interoperability, competition and innovation to facilitate electronic commerce;
(d) Ensure that international and national e-commerce policies take into account the interests of all users, including businesses, consumers, non-governmental organizations and relevant public institutions;
(e) Facilitate access to electronic commerce for Micro, Small and Medium Enterprises, and
(f) To guarantee the security of e-commerce users, as well as their right to personal data protection (1).
6. Each Party shall endeavor to adopt measures to facilitate trade conducted by electronic means.
7. The Parties recognize the importance of avoiding unnecessary barriers to trade conducted by electronic means, including trade in digital products. Taking into account its domestic policy objectives, each Party shall endeavor to:
(a) Avoid measures that hinder commerce conducted by electronic means;
(b) Avoid measures that have the effect of treating trade conducted by electronic means more restrictively than trade conducted by other means, and
(c) Promote transparency in relation to the legal framework for electronic transactions.
Article 11.3. Authentication and Advanced Digital/electronic Signatures.
1. A Party shall not deny the legal validity ofan advanced digital/electronic signature solely on the basis that it is made by electronic means, unless otherwise expressly provided for in its respective legal system.
2. No Party shall adopt or maintain measures on electronic authentication that:
(a) Prohibit the parties to an electronic transaction from mutually determining the appropriate authentication methods for that transaction, or
(b) Prevent the parties to an electronic transaction from having the opportunity to prove to judicial or administrative authorities that their transaction complies with any legal requirements regarding authentication.
3. Notwithstanding the provisions of paragraph 2, a Party may require that, for a particular category of transactions, the authentication method meet certain performance standards or be certified by an accredited authority under its legal system.
4. The Parties shall promote the interoperable use of advanced digital/electronic signatures.
5. The Parties shall provide the necessary means for the execution of agreements for the mutual recognition of advanced digital/electronic signatures.
Article 11.4. Online Consumer Protection
1. The Parties recognize the importance of adopting and maintaining transparent and effective measures to protect consumers from fraudulent and deceptive business practices when engaging in electronic commerce.
2. Each Party shall adopt or maintain consumer protection laws to prohibit fraudulent and deceptive business practices that cause harm or potential harm to consumers engaged in online commercial activities.
3. Each Party shall endeavor to adopt non-discriminatory practices in protecting users of electronic commerce from breaches of the protection of personal information occurring within its jurisdiction.
4. The Parties recognize the importance of cooperation between their respective consumer protection agencies or other competent bodies in activities related to cross- border electronic commerce in order to improve consumer welfare.
5. Subject to applicable policies, laws and regulations, the Parties recognize the benefits of consumers in their territories having the ability to access information about the network management practices of the consumer's Internet access service provider, with the objective of enabling such users to make informed consumer decisions.
Article 11.5. Personal Data Protection
1. The Parties recognize the benefits of protecting the personal information of users of electronic commerce and the contribution this makes to enhancing consumer confidence in electronic commerce.
2. The Parties shall adopt or maintain laws, regulations, or administrative measures for the protection of personal information of users engaged in electronic commerce. The Parties shall take into consideration existing international standards in this area, as provided in subparagraph (f) of Article 11.2.5.
3. Each Party shall make efforts to ensure that its legal system relating to the protection of personal information of users of electronic commerce is applied in a non-discriminatory manner.
4. Each Party shall endeavor to publish information on the protection of personal information it provides to users of electronic commerce, including how:
(a) Individuals may exercise recourse, and
(b) Companies can comply with any legal requirement.
5. The Parties shall exchange information and experiences regarding their personal information protection legislation.
6. The Parties shall encourage the use of security mechanisms for the personal information of users, and its dissociation, in cases where such data is provided to third parties, in accordance with their legal system.
7 from the other Party a level of protection at least similar to that applicable in the jurisdiction of the Party from which the data originate, through mutual agreements, general or specific, or in broader international frameworks, admitting for the private sector the implementation of contracts or self-regulation.
Article 11.6. Cross-border Transfer of Information by Electronic Means
1. The Parties recognize that each Party may have its own regulatory requirements on the transfer of information by electronic means.
2. Each Party shall permit the cross-border transfer of information by electronic means, where such activity is for the conduct of the business of a person of a Party (2) .
3. The Parties may establish restrictions on the cross-border transfer of information by electronic means to achieve a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade.
Article 11.7. Location of Computer Facilities
1. The Parties recognize the importance of not requiring a person of the other Party to use or locate computer facilities in the territory of that Party as a condition of doing business in that territory.
2. To this end, the Parties undertake to exchange best practices, experiences and existing regulatory frameworks with respect to server localization.
Article 11.8. Unsolicited Commercial E-mails
The Parties shall adopt or maintain measures to protect users from unsolicited commercial electronic messages.
Article 11.9. Cooperation
Recognizing the global nature of electronic commerce, the Parties affirm the importance of:
(a) (a) To work together, and without prejudice to the provisions of Chapter 3 (Entrepreneurs and Micro, Small and Medium Enterprises) to facilitate the use of electronic commerce, generate best practices to increase the capacity to conduct business, collaborate and cooperate on technical issues and assistance to maximize opportunities for Micro, Small and Medium Enterprises;
(b) (b) Share information and experiences on laws, regulations, and programs in the sphere of electronic commerce, including those related to personal information protection, consumer protection, security in electronic communications, authentication, intellectual property rights, and e- government;
(c) (c) Exchange information and share views on consumer access to products and services offered online between the Parties;
(d) (d) Actively participate in regional and multilateral forums to promote the development of electronic commerce;
(e) (e) Encourage the development by the private sector of self-regulatory methods that promote electronic commerce, including codes of conduct, model contracts, guidelines and compliance mechanisms; and
(f) (f) To promote the development of cooperation activities in the field of cybersecurity and to use collaboration mechanisms for the exchange of information that allow the identification and mitigation of malicious practices that could affect the Parties' computer networks, the personal information of citizens and the proper functioning of critical information infrastructures, especially those involving cross-border interdependencies and the protection against unauthorized access to private information or communications, among others.