| The Comprehensive and Progressive Trans-Pacific Strategic Economic Partnership(CPTPP)was able to be signed and entered into force in Chile in 2018,and while the CPTPP is smaller in economic size and influence than its predecessor,the Trans-Pacific Strategic Economic Partnership(TPP),the CPTPP still represents a higher standard for regional trade agreements.Telecommunications services are critical to the functioning of national economies and the facilitation of international trade,connecting businesses and citizens to each other and linking countries to the rest of the world.Information and communication technologies play an integral role in improving connectivity and quality of life by providing services such as online education,e-government and e-health.Compared to the WTO General Agreement on Trade in Services(GATS),the Annex on Telecommunications Services,the CPTPP chapter on trade in telecommunications services is a separate chapter,which not only requires contracting parties to open up their telecommunications markets and encourage free competition,but also retains the regulatory powers of each contracting party.As the focus of CPTPP negotiations,trade in telecommunication services has been developed on the basis of GATS,expanding the scope of telecommunication services,creating new regulatory agencies and measures as well as new telecommunication dispute settlement methods,and imposing high requirements on regulatory independence,transparency and market access.In this paper,we interpret and compare the text of the telecommunications services chapter of the CPTPP by means of textual analysis,and analyze the difficulty of accepting the telecommunications services provisions of the CPTPP in China,and study the inspiration of the telecommunications services chapter of the CPTPP to China.Based on this,the article argues that China should,firstly,vigorously promote the development of telecommunication infrastructure and service interconnection,and secondly,improve the legislation in the telecommunication field,enhance transparency,establish a reasonable and independent regulatory mechanism on this basis,lower the market access threshold,promote free competition,and build a country with an open and interoperable and flourishing telecommunication industry.This paper consists of six chapters except for the introduction and concluding remarks.The first part elaborates the current situation of telecom service trade rules,starting from the fact that the telecom sector as a fundamental part of social and economic activities has economic relevance to other sectors,sorts out the development of telecom service trade provisions,and summarizes the core commitments of CPTPP telecom service trade rules by combining the trade rules on telecom services in multilateral agreements and GATS.The second part starts with the CPTPP regulation of public telecommunication service access and use,starting from studying the definition of public telecommunication network and analyzing the obligations of major providers regulated by the CPTPP telecommunication chapter,while reflecting the CPTPP telecommunication service trade rules to expand the non-discriminatory requirements according to the CPTPP regulation of the allocation and utility procedures of scarce telecommunication resources(including frequency,number and right-of-way,etc.)coverage,maintaining technology neutrality and service provision in the context of upgrading telecommunications access and use of technology over time.The third Part examines the CPTPP’s regulation of public telecommunications networks and service provider obligations,analyzing the CPTPP’s requirements for regulating reasonable rates for telecommunications service providers for interconnection,innovative provisions at the international mobile roaming level,a firm stance on portability and prohibition of resale,and the CPTPP’s requirements for major telecommunications service providers and the goal of achieving guaranteed competition and fair treatment,respectively.The forth part starts with the CPTPP’s regulatory restrictions on telecom services,explaining the CPTPP’s regulatory approach by establishing the Telecommunications Commission and proposing a market commitment to replace direct regulation with market competition in the telecom market.At the same time,this part explores the implications of flexible and transparent regulatory measures for telecom services,starting from the CPTPP’s strict provisions on the transparency of telecom services trade terms.The fifth part centers on the innovation of CPTPP in the dispute settlement of telecom service trade,analyzes the main types of disputes arising from telecom service trade,explores the role of telecom dispute settlement system in telecom service trade,and highlights the innovation of CPTPP in the regulation of telecom dispute settlement.The sixth section provides a comprehensive summary of the problems of telecom services trade that China needs to face when applying for CPTPP accession,and puts forward suggestions for improvement,including promoting telecom infrastructure construction,expanding service interconnection,improving legislation,enhancing procedural transparency,lowering the market access threshold and establishing an independent regulatory mechanism. |
