Page 326 - Regional Comprehensive Economic Partnership (RCEP)

Article 3: Approaches to Regulation

1. The Parties recognise the value of competitive markets to deliver
a wide choice in the supply of telecommunications services and
to enhance consumer welfare, and that regulation may not be
needed if there is effective competition. Accordingly, the Parties
recognise that regulatory needs and approaches differ market by
market, and that each Party may determine how to implement its
obligations under this Annex.

2. In this respect, the Parties recognise that a Party may:

(a) engage in direct regulation either in anticipation of an issue
that the Party expects may arise or to resolve an issue that
has already arisen in the market; or

(b) rely on the role of market forces, particularly with respect
to market segments that are, or are likely to be, competitive
or that have low barriers to entry, such as services provided
by suppliers of telecommunications services that do not
own network facilities.

3. For greater certainty, a Party that refrains from engaging in
regulation in accordance with this Article remains subject to the
obligations under this Annex.

Article 4: Access and Use
2

1. Each Party shall ensure that any service supplier of another Party
is accorded access to and use of public telecommunications
networks and services, including leased circuits, offered in its
territory or across its borders on a timely basis, and on terms and
conditions that are reasonable, non-discriminatory, and
transparent, inter alia, through paragraphs 2 through 6.

2. Subject to paragraphs 5 and 6, each Party shall ensure that
service suppliers of another Party are permitted to:

(a) purchase or lease and attach terminal or other equipment
which interfaces with a public telecommunications network
and which is necessary to supply their services;

2 For greater certainty, this Article does not prohibit any Party from requiring a service
supplier to obtain a licence to supply a public telecommunications network or service
in its territory.

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