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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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