CHAPTER 13

TELECOMMUNICATIONS

Article 13.1: Definitions

For the purposes of this Chapter:

commercial mobile services means public telecommunications services supplied through mobile wireless means;

cost-oriented means based on cost, and may include a reasonable profit, and may involve different cost methodologies for different facilities or services;

end-user means a final consumer of or subscriber to a public telecommunications service, including a service supplier other than a supplier of public telecommunications services;

enterprise means an enterprise as defined in Article 1.3 (General Definitions) and a branch of an enterprise;

essential facilities means facilities of a public telecommunications network or service that:

 (a)       are exclusively or predominantly provided by a single or limited number of suppliers; and

 (b)       cannot feasibly be economically or technically substituted in order to supply a service;

interconnection means linking with suppliers providing public telecommunications services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier;

international mobile roaming service means a commercial mobile service provided pursuant to a commercial agreement between suppliers of public telecommunications  services  that  enables  end-users  to  use their home  mobile handset or other device for voice, data or messaging services while outside the territory in  which the end-user’s  home public telecommunications network is located;

leased circuit means a telecommunications facility between two or more designated points that is set aside for the dedicated use of, or availability to, a user

and supplied by a supplier of a fixed telecommunications service;

licence  means  any  authorisation  that  a  Party  may  require  of  a  person,  in accordance with  its  laws  and  regulations,  in  order for that  person  to  offer  a telecommunications service, including concessions, permits or registrations;

major supplier means a supplier of public telecommunications services that has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for public telecommunications services as a result of:

 (a)       control over essential facilities; or

 (b)       use of its position in the market;

network element means a facility or equipment used in supplying a fixed public telecommunications   service,   including   features,   functions   and   capabilities provided by means of that facility or equipment;

non-discriminatory means treatment no less favourable than that accorded to any other user of like public telecommunications services in like circumstances, including with respect to timeliness;

number portability means the ability of end-users of public telecommunications services to retain, at the same location, the same telephone numbers when switching between the same category of suppliers of public telecommunications services;

physical co-location means physical access to and control over space in order to install, maintain or repair equipment, at premises owned or controlled and used by a major supplier to provide public telecommunications services;

public telecommunications network means telecommunications infrastructure used  to  provide public  telecommunications  services  between  defined  network termination points;

public telecommunications service means any telecommunications service that a Party requires, explicitly or in effect, to be offered to the public generally.  These services may include telephone and data transmission typically involving transmission  of  customer-supplied  information  between  two  or  more  defined points without any end-to-end change in the form or content of the customer’s information;

reference interconnection offer means an interconnection offer extended by a major  supplier  and  filed  with,  approved  by  or  determined  by  a telecommunications regulatory body that sufficiently details the terms, rates and conditions for interconnection so that a supplier of public telecommunications

services that is willing to accept it may obtain interconnection with the major supplier on that basis, without having to engage in negotiations with the major supplier concerned;

telecommunications  means  the transmission  and  reception  of signals  by any electromagnetic means, including by photonic means;

telecommunications regulatory body means a body or bodies responsible for the regulation of telecommunications;

user means a service consumer or a service supplier; and

virtual co-location means an arrangement whereby a requesting supplier that seeks co-location may specify equipment to be used in the premises of a major supplier but does not obtain physical access to those premises and allows the major supplier to install, maintain and repair that equipment.

Article 13.2: Scope

1.         This Chapter shall apply to:

 (a)     any measure relating  to  access  to  and  use of public telecommunications services;

 (b)       any measure relating to obligations regarding suppliers of public telecommunications services; and

 (c)       any other measure relating to telecommunications services.

2.         This Chapter shall not apply to any measure relating to broadcast or cable distribution of radio or television programming, except that:

 (a)       Article 13.4.1 (Access to and Use of Public Telecommunications Services) shall apply with respect to a cable or broadcast service supplier’s access to and use of public telecommunications services; and

 (b)       Article 13.22 (Transparency) shall apply to any technical measure to    the    extent    that    the    measure    also    affects    public telecommunications services.

3.         Nothing in this Chapter shall be construed to:

 (a)       require a Party, or require a Party to compel any enterprise, to establish, construct, acquire, lease, operate or provide a telecommunications network or service not offered to the public generally;1

 (b)       require a Party to compel any enterprise exclusively engaged in the broadcast or cable distribution of radio or television programming to make available its broadcast or cable facilities as a public telecommunications network; or

 (c)       prevent a Party from prohibiting a person who operates a private network from using its private network to supply a public telecommunications network or service to third persons.

4.         Annex 13-A (Rural Telephone Suppliers – United States) and Annex 13-B (Rural Telephone Suppliers – Peru) include additional provisions relating to the scope of this Chapter.

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