Page 325 - Regional Comprehensive Economic Partnership (RCEP)

(g) licence means any authorisation that a Party may require defined points without any end-to-end change in the form
of a person, in accordance with its laws and regulations, in or content of the customer’s information;
order for such a person to offer a telecommunications
network or service, including concessions, permits, or (n) telecommunications means the transmission and
registrations; reception of signals by any electromagnetic means;
1

(h) major supplier means a supplier of public (o) telecommunications regulatory body means any body
telecommunications networks or services that has the or bodies responsible under the laws and regulations of a
ability to materially affect the terms of participation, having Party for the regulation of telecommunications; and
regard to price and supply, in the relevant market for public
telecommunications networks or services as a result of: (p) user means an end user or a supplier of public
telecommunications networks or services.
(i) control over essential facilities; or

(ii) use of its position in the market; Article 2: Scope

(i) non-discriminatory means treatment no less favourable 1. This Annex shall apply to measures by a Party affecting trade in
than that accorded to any other user of like public public telecommunications services, including:
telecommunications networks or services in like
circumstances; (a) measures relating to access to and use of public
telecommunications networks or services; and
(j) number portability means the ability of an end user of
public telecommunications services to retain the same (b) measures relating to obligations regarding suppliers of
telephone numbers when switching between the same public telecommunications networks or services.
category of suppliers of public telecommunications
services; 2. This Annex shall not apply to measures affecting the cable or
broadcast distribution of radio or television programming, except
(k) physical co-location means access to space in order to to ensure that cable or broadcast service suppliers have access
install, maintain, or repair equipment at premises owned or to and use of public telecommunications networks and services.
controlled and used by a major supplier to supply public
telecommunications services; 3. Nothing in this Annex shall be construed to:

(l) public telecommunications network means public (a) require a Party to authorise a service supplier of another
telecommunications infrastructure used to provide public Party to establish, construct, acquire, lease, operate, or
telecommunications services between and among defined supply telecommunications networks or services, other
network termination points; than the former Party’s commitments under Chapter 8
(Trade in Services); or
(m) public telecommunications service means any
telecommunications service required, explicitly or in effect, (b) require a Party, or require a Party to oblige a service
by a Party to be offered to the public generally. Such supplier under its jurisdiction, to establish, construct,
services may include telegraph, telephone, telex, and data acquire, lease, operate, or supply telecommunications
transmission typically involving the real-time transmission networks or services not offered to the public generally.
of customer-supplied information between two or more

1 For Thailand, concessions are excluded from the definition of “licence” until 2022.

8B-2 8B-3