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(b) Where physical co-location is not practical for technical reasons or because of space limitations, each Party shall ensure that a major supplier in its territory: (i) provides an alternative solution; or (ii) facilitates virtual co-location, on terms and conditions, and at cost-oriented rates, that are reasonable, non-discriminatory, and transparent. (c) Each Party may limit which premises are subject to subparagraphs (a) and (b), provided the Party specifies any such limitation in its laws or regulations. 5.9. (a) Each Party shall ensure that a major supplier in its territory affords access to poles, ducts, conduits, and rights-of-way owned or controlled by the major supplier to suppliers of public telecommunications services of the other Party on terms and conditions, and at rates, that are reasonable, non-discriminatory, and transparent. (b) Nothing in this Annex shall prevent a Party from determining, under its laws and regulations, which particular structures owned or controlled by major suppliers in its territory are required to be made available in accordance with subparagraph (a), provided that this determination is based on a conclusion that such structures cannot feasibly be <strong>economic</strong>ally or technically substituted in order to provide a competing service. 6. Submarine Cable Systems 6 6.1 Where a Party authorizes a supplier to operate a submarine cable system as a public telecommunications service, it shall ensure that such supplier accords the suppliers of public telecommunication services of the other Party reasonable and non-discriminatory treatment with respect to access to submarine cable systems (including landing facilities) in its territory. 6.2 Where a major supplier of public international telecommunication services controls cable landing facilities and services for which there are no <strong>economic</strong>ally or technically feasible alternatives, the Party shall ensure that the major supplier: (a) permits suppliers of public telecommunications services of the other Party to: (i) use the major supplier’s cross-connect links in the submarine cable landing station to connect their equipment to backhaul 6 For greater certainty, neither this nor any other paragraphs prohibit a Party from requiring a service supplier to obtain a licence to supply specific services.
links and submarine cable capacity of any supplier of telecommunications; and (ii) co-locate their transmission and routing equipment used for accessing submarine cable capacity and backhaul links at the submarine cable landing station on terms and conditions, and at cost-oriented rates, that are reasonable and non-discriminatory; and (b) provides suppliers of telecommunications of the other Party submarine cable capacity, backhaul links, and cross-connect links in the submarine cable landing station on terms and conditions, and at rates, that are reasonable and non-discriminatory. 7. Supply of Value-Added Services 7.1 Neither Party may require an enterprise in its territory that it classifies as a supplier of value-added services to: (a) supply those services to the public generally; (b) connect its networks with any particular customer for the supply of those services; or (c) conform with any particular standard or technical regulation for connecting to any other network, other than a public telecommunications network. 7.2 Notwithstanding paragraph 7.1, a Party may take the actions described in paragraph 1 to remedy a practice of a supplier of value-added services that the Party has found in a particular case to be anti-competitive under its laws or regulations, or to otherwise promote competition or safeguard the interests of consumers. 8. Independent Regulatory Bodies and Government Ownership 8.1 Each Party shall ensure that its telecommunications regulatory body is separate from, and not accountable to, any supplier of public telecommunications services. With a view to ensuring the independence and impartiality of telecommunications regulatory bodies, each Party shall ensure that its telecommunications regulatory body does not hold a financial interest or maintain an operating role in any such supplier and makes regulatory decisions, including decisions relating to interconnection with public telecommunications networks and services, and assignment or allocation of spectrum for non-government public telecommunications services, independently subject only to that Party’s laws and regulations. 8.2 Each Party shall ensure that the decisions and procedures of its telecommunications regulatory body are impartial with respect to all market participants. To this end, each Party shall ensure that any financial interest that it holds in a supplier of public telecommunications services does not influence the
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COMPREHENSIVE ECONOMIC COOPERATION
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List of Annexes Annex 2-1 Schedules
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CHAPTER 1 INITIAL PROVISIONS AND GE
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(CC) any area extending beyond the
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Article 2.7 Administrative Fees and
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For the purposes of this Chapter: C
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(g) goods of sea-fishing and other
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(b) for goods falling within Chapte
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(iii) the goods have not undergone
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CHAPTER 4 CUSTOMS COOPERATION Artic
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(b) provide for advance electronic
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(a) whether goods imported into the
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For the purposes of this Section: C
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9. On the termination of a bilatera
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5. A Party proposing to apply or ex
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Section C General Provisions Articl
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2. Notwithstanding paragraph 1, the
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areas are, and are likely to remain
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(b) in the event that the checks re
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Article 6.16 Exchange of Informatio
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(a) technical specifications prepar
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2. The Parties shall cooperate with
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3. The Parties shall seek to ensure
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the other Party, a Party may consul
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technical consultations within thir
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5. New services shall be considered
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(i) is a citizen of that other Part
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numerical units in the form of quot
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Article 8.8 Review The Parties shal
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or arrangement, or to negotiate a c
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consultations with that Party on su
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CHAPTER 9 MOVEMENT OF NATURAL PERSO
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(ii) a goods seller, being a natura
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(ii) is employed by a juridical per
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4. Each Party shall maintain or ins
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(b) enterprise of a Party means any
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Article 10.5 Minimum Standard of Tr
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(f) payments arising out of the set
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Article 10.12 Reservations 1. Artic
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Treatment), Article 10.6 (Compensat
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opportunity to present their views
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Parties otherwise agree. These disc
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(e) Tourism; (f) Small and Medium E
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CHAPTER 12 GENERAL EXCEPTIONS Artic
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of restrictions to ensure, inter al
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(b) such persons are afforded a rea
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CHAPTER 14 DISPUTE SETTLEMENT Artic
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2. If the Parties agree, good offic
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Article 14.10 Proceedings of Arbitr
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Article 14.13 Time Frame All time f
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(b) the complaining Party may suspe
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(f) consult third parties on any ma
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(f) develop conditions and provisio
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2. Each Party shall provide to the
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Article 16.6 Confidentiality Where
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Annex 2-1 Schedules of Tariff Commi
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(i) Category 1: reduction of applie
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3. For tariff lines subject to spec
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Schedule of Tariff Commitments Mala
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“RVC(XX)” means that the good m
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Column 1 Column 2 Column 3 Column 4
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(CC) factory security (DD) insuranc
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(c) the other statements of the CO
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(b) For multiple goods declared und
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(v) the Issuing Authority receiving
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(ii) the exporter has sold the good
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OVERLEAF NOTES Original /Duplicate
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Annex 6-1 (List of Products for Req
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Annex 7-2 Mutual Recognition Agreem
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Modes of supply: 1) Cross-border su
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- the capability of implementing in
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Annex 8-1 Schedule of Malaysia Expl
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Page 173 and 174: Modes of supply: 1) Cross-border su
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