Page 339 - Regional Comprehensive Economic Partnership (RCEP)

mobile roaming services for suppliers of the two Parties. The regulatory body may obtain a review of such determination or
12
first Party may require suppliers of the second Party to fully utilise decision in accordance with its laws and regulations.
commercial negotiations to reach agreement on the terms for
accessing such rates or conditions. 3. No Party shall permit the making of an application for review to
constitute grounds for non-compliance with the determination or
5. A Party that ensures access to regulated rates or conditions for decision of its telecommunications regulatory body, unless its
wholesale or retail international mobile roaming services in relevant body determines otherwise.
accordance with paragraph 4, shall be deemed to be in
compliance with Article 8.6 (Most-Favoured-Nation Treatment),
Article 4 (Access and Use), and Article 7 (Treatment by Major
Suppliers), with respect to international mobile roaming services.

6. Nothing in this Article shall require a Party to regulate rates or
conditions for international mobile roaming services.

Article 23: Resolution of Telecommunications Disputes

1. Each Party shall ensure that a supplier of public
telecommunications networks or services of another Party may
have timely recourse to its telecommunications regulatory body or
dispute resolution body to resolve disputes arising under this
Annex in accordance with its laws and regulations.

2. Each Party shall ensure that any supplier of public
telecommunications networks or services aggrieved by a final
determination or decision of its relevant telecommunications

12 For greater certainty:

(a) no Party shall, solely on the basis of any obligations owed to it by the
first Party under a most-favoured-nation provision, or under a
telecommunications-specific non-discrimination provision, in any
international trade agreement, seek or obtain for its suppliers the
access to regulated rates or conditions for wholesale or retail
international mobile roaming services that is provided under this
Article.

(b) access to the rates or conditions regulated by the first Party shall be
available to a supplier of the second Party only if the regulated rates
or conditions are reasonably comparable to those reciprocally
regulated under the arrangement. The telecommunications regulatory
body of the first Party shall, in the case of a disagreement, determine
whether the rates or conditions are reasonably comparable. For the
purposes of this footnote, “rates or conditions that are reasonably
comparable” means rates or conditions agreed to be such by the
relevant suppliers or, in the case of a disagreement, determined to be
such by the telecommunications regulatory body of the first Party.

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