Unbundling of Network Elements

(a) Each Party shall provide its competent body the authority to require that
major suppliers in its territory provide suppliers of public telecommunications
services of the other Party access to network elements on an unbundled basis
for the supply of those services on terms and conditions and at cost-oriented
rates that are reasonable and non-discriminatory.
(b) Which network elements will be required to be made available in its territory,
and which suppliers may obtain such elements, will be determined in
accordance with national law and regulation(s).
(c) In determining the network elements to be made available, each Party’s
competent body shall consider, at a minimum, in accordance with national
law and regulation:
(i) whether access to such network elements as are proprietary in nature
is necessary, and whether the failure to provide access to such
network elements would impair the ability of suppliers of public
telecommunications services of the other Party to provide the services
they seek to offer; or
(ii) other factors as established in national law or regulation,
as that body construes these factors.
Co-Location
4. (a) Each Party shall ensure that major suppliers in its territory provide to
suppliers of public telecommunications services of the other Party physical
co-location of equipment necessary for interconnection or access to
unbundled network elements on terms, conditions, and at cost-oriented rates
that are reasonable and non-discriminatory.
(b) Where physical co-location is not practical for technical reasons or because of
space limitations, each Party shall ensure that major suppliers in its territory
provide:
(i) alternative solutions; or
(ii) facilitate virtual co-location,
on terms, conditions, and at cost-oriented rates that are reasonable and non-discriminatory.
(c) Each Party may determine which premises shall be subject to subparagraphs
(a) and (b).
Resale
5. Each Party shall ensure that major suppliers in its territory:
(a) offer for resale, at reasonable rates,3 to suppliers of public
telecommunications services of the other Party, public telecommunications
services that such major supplier provides at retail to end users that are not
suppliers of public telecommunications services; and
(b) subject to Annex 13.4(5)(b), do not impose unreasonable or discriminatory
conditions or limitations on the resale of such services.
Number Portability
6. Each Party shall ensure that major suppliers in its territory provide number
portability to the extent technically feasible, on a timely basis, and on reasonable terms and
conditions.
Dialing Parity
7. Each Party shall ensure that major suppliers in its territory provide dialing parity to
suppliers of public telecommunications services of the other Party and afford suppliers of
public telecommunications services of the other Party non-discriminatory access to
telephone numbers and related services with no unreasonable dialing delays.
Interconnection
8. (a) General Terms and Conditions
Each Party shall ensure that major suppliers in its territory provide
interconnection for the facilities and equipment of suppliers of public
telecommunications services of the other Party:
(i) at any technically feasible point in the major supplier’s network;
(ii) under non-discriminatory terms, conditions (including technical
standards and specifications), and rates;
(iii) of a quality no less favorable than that provided by such major
supplier for its own like services, or for like services of non-affiliated
service suppliers or for like services of its subsidiaries or other
affiliates;
(iv) in a timely fashion, on terms, conditions (including technical
standards and specifications), and cost-oriented rates that are
transparent, reasonable, having regard to economic feasibility, and
sufficiently unbundled so that the supplier need not pay for network
components or facilities that it does not require for the service to be
provided; and
(v) on request, at points in addition to the network termination points
offered to the majority of users, subject to charges that reflect the cost
of construction of necessary additional facilities.
(b) Options for Interconnecting with Major Suppliers
Each Party shall ensure that suppliers of public telecommunications services
of the other Party may interconnect their facilities and equipment with those
of major suppliers in its territory pursuant to at least one of the following
options:
(i) a reference interconnection offer or other standard interconnection
offer containing the rates, terms, and conditions that the major
supplier offers generally to suppliers of public telecommunications
services; or
(ii) the terms and conditions of an existing interconnection agreement or
through negotiation of a new interconnection agreement.
(c) Public Availability of Interconnection Offers
Each Party shall require each major supplier in its territory to make publicly
available a reference interconnection offer or other standard interconnection
offer containing the rates, terms, and conditions that the major supplier offers
generally to suppliers of public telecommunications services.
(d) Public Availability of the Procedures for Interconnection
Each Party shall make publicly available the applicable procedures for
interconnection negotiations with major suppliers in its territory.
(e) Public Availability of Interconnection Agreements with Major Suppliers
Each Party shall:
(i) require major suppliers in its territory to file all interconnection
agreements to which they are party with its telecommunications
regulatory body, and
(ii) make publicly available interconnection agreements in force between
major suppliers in its territory and other suppliers of public
telecommunications services in such territory.
Leased Circuits Services4
9. (a) Each Party shall ensure that major suppliers in its territory provide enterprises
of the other Party leased circuits services that are public telecommunications
services, on terms, conditions, and at rates that are reasonable and
non-discriminatory.
(b) In carrying out subparagraph (a), each Party shall provide its
telecommunications regulatory body the authority to require major suppliers
in its territory to offer leased circuits that are part of the public
telecommunications services to enterprises of the other Party at flat-rate
prices that are cost-oriented.