Page 337 - Regional Comprehensive Economic Partnership (RCEP)

Article 19: Unbundling of Network Elements legitimate public policy objective and is not prepared, adopted, or
applied in a manner that creates unnecessary obstacles to trade.
Each Party shall endeavour to ensure that a major supplier in its territory
offers access to network elements on an unbundled basis on terms and
conditions that are reasonable, non-discriminatory, and transparent for Article 22: International Mobile Roaming
the supply of public telecommunications services. A Party may
determine the network elements required to be made available in its 1. The Parties shall endeavour to cooperate on promoting
territory, and the suppliers that may obtain those elements, in transparent and reasonable rates for international mobile roaming
11
accordance with its laws and regulations. services that can help promote the growth of trade among the
Parties and enhance consumer welfare.

Article 20: Access to Poles, Ducts, and Conduits 2. A Party may take steps to enhance transparency and competition
with respect to international mobile roaming services, such as:
1. Each Party shall endeavour to ensure that a major supplier in its
territory provides access to poles, ducts, conduits, or any other (a) ensuring that information regarding retail rates is easily
structures as determined by the Party, owned or controlled by the accessible to consumers; and
major supplier, to suppliers of public telecommunications services
of another Party in the Party’s territory, on a timely basis, and on (b) minimising impediments to roaming, whereby consumers
terms and conditions and at rates that are reasonable, non- when visiting the territory of a Party from the territory of
discriminatory, and transparent, subject to technical feasibility. another Party can access telecommunications services
using the device of their choice.
2. A Party may determine, in accordance with its laws and
regulations, the poles, ducts, conduits, or any other structures to 3. The Parties recognise that a Party, where it has the authority to
which it requires major suppliers in its territory to provide access do so, may choose to promote competition with respect to
in accordance with paragraph 1. When the Party makes this international mobile roaming rates including through commercial
determination, it shall take into account factors such as the arrangements, or to adopt or maintain measures affecting rates
competitive effect of lack of such access, whether such structures for wholesale or retail international roaming services with a view
can be substituted in an economically or technically feasible to ensuring that the rates are reasonable. If a Party considers it
manner in order to provide a competitive service, or other appropriate, it may cooperate on and implement mechanisms with
specified public interest factors. other Parties to facilitate the implementation of those measures,
including by entering into arrangements with those Parties.

Article 21: Flexibility in the Choice of Technology 4. If a Party (hereinafter referred to as “the first Party” in this
paragraph) chooses to regulate rates or conditions for wholesale
1. A Party shall not prevent suppliers of public telecommunications or retail international mobile roaming services, it shall ensure that
networks or services from having the flexibility to choose the a supplier of public telecommunications services of another Party
technologies that they use to supply their services. (hereinafter referred to as “the second Party” in this paragraph)
has access to the regulated rates or conditions for wholesale or
2. Notwithstanding paragraph 1, a Party may apply a measure that retail international mobile roaming services for its customers
limits the technologies that a supplier of public roaming in the territory of the first Party if the second Party has
telecommunications networks or services may use to supply its entered into an arrangement with the first Party to reciprocally
services, provided that the measure is designed to achieve a regulate rates or conditions for wholesale or retail international

11 For greater certainty, consistent with Article 3 (Approaches to Regulation), a Party
may determine the manner in which it implements its obligations under this Article.

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