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CHAPTER XI
MISCELLANEOUS AND PROVISIONAL PROVISIONS


Clause Forty-Five
Property to be Rented from the Territory and CTT

CTM shall rent all of the land, buildings and facilities allocated to the operation set forth in Enclosure VI from the Territory and CTT for the price indicated therein. This price shall be updated in accordance with the legislation in force in the Territory.

 

Clause Forty-Six
Traffic Agreement

Within the scope of the Agreement in hand, the Traffic Agreement set out in Enclosure VII shall be applicable.

 

Clause Forty-Seven
International Relations

One. Whenever the Territory is unable to have direct representation, it shall be represented in international telecommunications organisations by the supervisory body empowered to oversee telecommunications in the Territory, by means of its Portuguese counterpart. This same body shall also ensure the co-ordination of the ratification of all international treaties, agreements and conventions.

Two. CTM may, should it deem fit, be represented at meetings of the said international organisations, its representatives forming part of Portuguese delegations, whenever the Territory is unable to have direct representation, or of Territory delegations.

 

Clause Forty-Eight
Exporting capital

One. CTM is hereby authorised to make payments abroad of any sums spent there on installation, maintenance and expansion of telecommunications’ services and also of any sums required to pay foreign administrations or operators for bills resulting from the operation of telecommunications’ services under the terms of the Agreement in hand.

Two. CTM is furthermore permitted to send overseas any sums resulting from the dividends of its operations as well as any payments made to them by the Territory following the termination of the Concession.

Three. CTM is authorised to take out loans and to make payments of interest and principal in respect of the said loans on an international level, It shall, however, give preference to local banking institutions if the conditions offered are equal.

 

Clause Forty-Nine
Radio frequencies

One. The setting up and use of radio communications by CTM requires the prior authorisation to be granted under the terms of the prevailing legislation.

Two. CTM shall undertake to take all measures required to ensure that all stations run by it do not cause interference which may harm other authorised stations and shall undertake further to accept the instructions and recommendations related to the operation -of such stations as issued by the body overseeing telecommunications.

Three. The telecommunications supervisory body shall endeavour to ensure that CTM is allocated the frequencies in the radio spectrum it requires to comply with the commitments it has undertaken in the Agreement in hand within reasonable time. Furthermore, it shall take any measures required to prevent CTM’s radio communication resources from being effected by any harmful interference.

 

Clause Fifty
Right of Preference

Once the Agreement in hand has expired, CTM shall have the right of preference should the Governor wish to grant a new concession, all other conditions being equal.

 

Clause Fifty-One
Miscellaneous

One. Six originals of the Agreement in hand have been drawn up, two being written in Portuguese, two in Chinese and two in English. The Governor and CTM shall each keep three originals, one being in Portuguese, one in Chinese and one in English.

Two. In case of doubt the Portuguese and Chinese texts shall prevail.

Three. The Portuguese and Chinese languages shall always be used in any dealings between the Governor and CTM, though a translation into English may be attached.

Four. Any communication the Governor may make to CTM under the terms of the Agreement in hand shall always be addressed to the CTM’s registered offices in Macau.

Five. Any communication CTM may make to the Territory under the terms of the Agreement in hand shall always be addressed to the Governor.

 

Clause Fifty-Two
Enforcement of the Agreement

The enforcement of this Agreement shall be subject to the constitution of the bond referred to in article forty-three, and to its full publication in the Official Gazette of Macao.

 

Clause Fifty-Three
Provisional System

Unless offered under the terms of a competitive system, the telecommunications’ services beyond the scope of this Agreement shall be subject to the regulations laid down by the legal and contractual norms regarding the services provided on an exclusive basis.

 

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In case of any discrepancy, the printed version in the Government Gazette shall prevail.

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Last Modified Date: 15/07/2004