Common use of Telecommunication Services Clause in Contracts

Telecommunication Services. The following services are offered only on a facilities basis, for public use, using either wired or wireless 1) Subject to commercial arrangement with licensed operators 1) None Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence technology except cable television (CATV) a. Voice telephone services (7521) • Local services • Toll services • Domestic • International b. Packet-switched data transmission services (7523**) c. Circuit-switched data transmission services (7523**) d. Telex Services (7523**) e. Telegraph Services (7522) f. Facsimile services (7521**+7529**) 2) None 3) Entry is subject to the following requirements and conditions: A. Franchise from Congress of the Philippines B. Certificate of Public Convenience and Necessity (CPCN) from the National Telecommunications Commission C. Foreign equity is permitted up to 40 percent. D. Resale of private leased lines is not allowed1. 2) None 3) Entry is subject to the following requirements and conditions: A. The number of non-Filipino citizens in the Board of Directors of an entity shall be proportionate to the aggregate share of foreign capital of that entity. B. All executives and managers must be citizens of the Philippines. Limitations as indicated in horizontal section for communication services also apply. 1 Enfranchised public telecommunications entities (PTE) may be authorized to sell/resell private leased lines. Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence g. Private Leased Circuit Services (7522**+7523) h. Other • Cellular Mobile Telephone Service (75213) • Satellite services E. Private leased circuit services shall not be connected to a public network (PSTN). F. Call back, dial back and other similar schemes, which result in the same operation, are not authorized. G. Subject to the availability and efficient utilization of radio frequencies. H. Only duly enfranchised and certificated telecommunications, broadcast and/or cable TV entities can access satellite space segment service providers. I. Philippine satellite operators shall be given the preference to provide Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments the space segment capacity requirements of enfranchised entity after all factors are equally considered. J. Satellite space segment service provisioning in the Philippines shall be on the basis of reciprocal arrangements. Limitations as indicated in horizontal section for communication services also apply. Data and message transmission services Data network services (CPC 75231) Electronic message and information services 1) Unbound2 2) None 3) Entry is subject to the following requirements and conditions: 1) None 2) None 3) Entry is subject to the following requirements and conditions: 2 Shall be reviewed in the future in accordance with the developments of its laws and regulations. Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (CPC 75232) a. The number of non-Filipino citizens in the Board of Directors of an entity shall be proportionate to the aggregate share of foreign capital of that entity. b. All executives and managers must be citizens of the Philippines. Limitations as indicated in horizontal section for communication services also apply. a. Franchise from Congress of the Philippines b. Certificate of Public Convenience and Necessity (CPCN) from the National Telecommunications Commission c. Foreign equity is permitted up to 40 percent. d. Resale of private leased lines is not allowed3. e. Private leased circuit services shall not be connected to a public network (PSTN) f. Call back, dial back and other similar schemes, 3 Enfranchised public telecommunications entities (PTE) may be authorized to sell/resell private leased lines. Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence

Telecommunication Services. The following services are offered only on a facilities basis, for public use, using either wired or wireless 1) Subject to commercial arrangement with licensed operators 1) None Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence only on a facilities basis, for public use, using either wired or wireless technology except cable television (CATV) a. Voice telephone services (7521) • Local services • Toll services • Domestic • International b. Packet-switched data transmission services (7523**) c. Circuit-switched data transmission services (7523**) d. Telex Services (7523**) e. Telegraph Services (7522) f. Facsimile services (7521**+7529**) arrangement with licensed operators 2) None 3) Entry is subject to the following requirements and conditions: A. Franchise from Congress of the Philippines B. Certificate of Public Convenience and Necessity (CPCN) from the National Telecommunications Commission C. Foreign equity is permitted up to 40 percent. D. Resale of private leased lines is not allowed1allowed1 . 2) None 3) Entry is subject to the following requirements and conditions: A. The number of non-Filipino citizens in the Board of Directors of an entity shall be proportionate to the aggregate share of foreign capital of that entity. B. All executives and managers must be citizens of the Philippines. Limitations as indicated in horizontal section for communication services also apply. 1 Enfranchised public telecommunications entities (PTE) may be authorized to sell/resell private leased lines. Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence g. Private Leased Circuit Services (7522**+7523) h. Other • Cellular Mobile Telephone Service (75213) • Satellite services E. Private leased circuit services shall not be connected to a public network (PSTN). F. Call back, dial back and other similar schemes, which result in the same operation, are not authorized. G. Subject to the availability and efficient utilization of radio frequencies. H. Only duly enfranchised and certificated telecommunications, broadcast and/or cable TV entities can access satellite space segment service providers. I. Philippine satellite operators shall be given the preference to provide Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments the space segment capacity requirements of enfranchised entity after all factors are equally considered. J. Satellite space segment service provisioning in the Philippines shall be on the basis of reciprocal arrangements. Limitations as indicated in horizontal section for communication services also apply. Data and message transmission services Data network services (CPC 75231) Electronic message and information services 1) Unbound2 2) None 3) Entry is subject to the following requirements and conditions: 1) None 2) None 3) Entry is subject to the following requirements and conditions: 2 Shall be reviewed in the future in accordance with the developments of its laws and regulations. Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (CPC 75232) a. The number of non-Filipino citizens in the Board of Directors of an entity shall be proportionate to the aggregate share of foreign capital of that entity. b. All executives and managers must be citizens of the Philippines. Limitations as indicated in horizontal section for communication services also apply. a. Franchise from Congress of the Philippines b. Certificate of Public Convenience and Necessity (CPCN) from the National Telecommunications Commission c. Foreign equity is permitted up to 40 percent. d. Resale of private leased lines is not allowed3. e. Private leased circuit services shall not be connected to a public network (PSTN) f. Call back, dial back and other similar schemes, 3 Enfranchised public telecommunications entities (PTE) may be authorized to sell/resell private leased lines. Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence.

Telecommunication Services. The following services are offered only on a facilities basis, for public use, using either wired or wireless 1) Subject to commercial arrangement with licensed operators 1) None Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence only on a facilities basis, for public use, using either wired or wireless technology except cable television (CATV) a. Voice telephone services (7521) •  Local services •  Toll services •  Domestic •  International b. Packet-switched data transmission services (7523**) c. Circuit-switched data transmission services (7523**) d. Telex Services (7523**) e. Telegraph Services (7522) f. Facsimile services (7521**+7529**) arrangement with licensed operators 2) None 3) Entry is subject to the following requirements and conditions: A. Franchise from Congress of the Philippines B. Certificate of Public Convenience and Necessity (CPCN) from the National Telecommunications Commission C. Foreign equity is permitted up to 40 percent. D. Resale of private leased lines is not allowed1allowed1 . 2) None 3) Entry is subject to the following requirements and conditions: A. The number of non-Filipino citizens in the Board of Directors of an entity shall be proportionate to the aggregate share of foreign capital of that entity. B. All executives and managers must be citizens of the Philippines. Limitations as indicated in horizontal section for communication services also apply. 1 Enfranchised public telecommunications entities (PTE) may be authorized to sell/resell private leased lines. Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence g. Private Leased Circuit Services (7522**+7523) h. Other •  Cellular Mobile Telephone Service (75213) •  Satellite services E. Private leased circuit services shall not be connected to a public network (PSTN). F. Call back, dial back and other similar schemes, which result in the same operation, are not authorized. G. Subject to the availability and efficient utilization of radio frequencies. H. Only duly enfranchised and certificated telecommunications, broadcast and/or cable TV entities can access satellite space segment service providers. I. Philippine satellite operators shall be given the preference to provide Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments the space segment capacity requirements of enfranchised entity after all factors are equally considered. J. Satellite space segment service provisioning in the Philippines shall be on the basis of reciprocal arrangements. Limitations as indicated in horizontal section for communication services also apply. Data and message transmission services Data network services (CPC 75231) Electronic message and information services 1) Unbound2 2) None 3) Entry is subject to the following requirements and conditions: 1) None 2) None 3) Entry is subject to the following requirements and conditions: 2 Shall be reviewed in the future in accordance with the developments of its laws and regulations. Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (CPC 75232) a. The number of non-Filipino citizens in the Board of Directors of an entity shall be proportionate to the aggregate share of foreign capital of that entity. b. All executives and managers must be citizens of the Philippines. Limitations as indicated in horizontal section for communication services also apply. a. Franchise from Congress of the Philippines b. Certificate of Public Convenience and Necessity (CPCN) from the National Telecommunications Commission c. Foreign equity is permitted up to 40 percent. d. Resale of private leased lines is not allowed3. e. Private leased circuit services shall not be connected to a public network (PSTN) f. Call back, dial back and other similar schemes, 3 Enfranchised public telecommunications entities (PTE) may be authorized to sell/resell private leased lines. Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence.