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ARTICLES

LEGAL RESOURSES

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    • Article 1304: Standards-Related Measures

    1. Further to Article 904(4) (TLCAN: Art. 904) (Unnecessary Obstacles), each Party shall ensure that its standards-related measures relating to the attachment of terminal or other equipment to the public telecommunications transport networks, including those measures relating to the use of testing and measuring equipment for conformity assessment procedures, are adopted or maintained only to the extent necessary to:

  • Prevent technical damage to public telecommunications transport networks;

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  • Prevent technical interference with, or degradation of, public telecommunications transport services;

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  • Prevent electromagnetic interference, and ensure compatibility, with other uses of the electromagnetic spectrum;

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  • Prevent billing equipment malfunction; or

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  • Ensure users' safety and access to public telecommunications transport networks or services.

    • 2. A Party may require approval for the attachment to the public telecommunications transport network of terminal or other equipment that is not authorized, provided that the criteria for that approval are consistent with paragraph 1.

    3. Each Party shall ensure that the network termination points for its public telecommunications transport networks are defined on a reasonable and transparent basis.

    4. No Party may require separate authorization for equipment that is connected on the customer's side of authorized equipment that serves as a protective device fulfilling the criteria of paragraph 1.

    5. Further to Article 904(3) (TLCAN: Art. 904) (Non-Discriminatory Treatment), each Party shall:

  • Ensure that its conformity assessment procedures are transparent and non-discriminatory and that applications filed thereunder are processed expeditiously;

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  • Permit any technically qualified entity to perform the testing required under the Party's conformity assessment procedures for terminal or other equipment to be attached to the public telecommunications transport network, subject to the Party's right to review the accuracy and completeness of the test results; and

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  • Ensure that any measure that it adopts or maintains requiring persons to be authorized to act as agents for suppliers of telecommunications equipment before the Party's relevant conformity assessment bodies is non-discriminatory.

    • 6. No later than one year after the date of entry into force of this Agreement, each Party shall adopt, as part of its conformity assessment procedures, provisions necessary to accept the test results from laboratories or testing facilities in the territory of another Party for tests performed in accordance with the accepting Party's standards-related measures and procedures.

    7. The Telecommunications Standards Subcommittee established under Article 913(5) (TLCAN: Art. 913) (Committee on Standards-Related Measures) shall perform the functions set out in Annex 913.5.a2 (TLCAN: Anexo 913.5.a-2).