[Federal Register Volume 64, Number 7 (Tuesday, January 12, 1999)]
[Notices]
[Pages 1854-1855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-717]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Request for Comments Concerning Compliance With
Telecommunications Trade Agreements and Market Opportunities for
Electronic Commerce
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of request for public comment.
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SUMMARY: Pursuant to sections 1372 and 1377 of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 3107), the Office of the United
States Trade Representative (USTR) is reviewing, and requests comments
on: the operation and effectiveness of the World Trade Organization
(WTO) Basic Telecommunications Agreement, other WTO agreements
affecting market opportunities for telecommunications products and
services of the United States, the North American Free Trade Agreement
(NAFTA), and other telecommunications trade agreements with Japan,
Korea, Mexico and Taiwan; technical assistance for compliance with
telecommunications commitments; and issues affecting market
opportunities for electronic commerce. The USTR will conclude the
review on March 31, 1999.
DATES: Comment are due by noon on Tuesday, February 16, 1999.
ADDRESSES: Comments must be submitted to Gloria Blue, Executive
Secretary, Trade Policy Staff Committee, ATTN: Section 1377 Comments,
Office of the United States Trade Representative, 600 17th Street, NW.,
Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT: William Corbett, Office of Industry,
(202) 395-9586; or Joanna McIntosh, Office of the General Counsel,
(202) 395-7203.
SUPPLEMENTARY INFORMATION: Section 1377 of the Omnibus Trade and
Competitiveness Act of 1988 requires the USTR to review annually the
operation and effectiveness of all U.S. trade agreements regarding
telecommunications products and services of the United States that are
in force with respect to the United States. The purpose of the review
is to determine whether any act, policy, or practice of a country that
has entered into a telecommunications trade agreement is not in
compliance with the terms of such agreement, or otherwise denies to
U.S. firms, within the context of the terms of such agreements,
mutually advantageous market opportunities. For the current review, the
USTR seeks comments on whether:
(1) Any WTO members appear not to be in compliance with their
specific commitments under the WTO Base Telecommunications Agreement or
with other WTO obligations, e.g., the WTO General Agreement on Trade in
Services (GATS), including the Annex on Telecommunications (GATS), that
affect market opportunities for U.S. telecommunications products and
services; and
(2) Canada or Mexico have failed to comply with their commitments
under NAFTA or whether Japan, Korea, Mexico or Taiwan have failed to
comply with their commitments under bilateral telecommunications
agreements with the United States.
Consistent with the findings and purposes in section 1372 of the
Act, the USTR also seeks comments on:
(3) What foreign countries' compliance with their
telecommunications trade agreement commitments would benefit most from
bilateral or multilateral technical assistance, especially with respect
to the pro-competitive regulatory commitments made under the of WTO
Basic Telecommunications Agreement; and
(4) Issues affecting market opportunities for electronic commerce
(e.g., the Internet and other interactive computer services) as
advanced telecommunications capabilities are deployed in foreign
countries.
WTO Basic Telecommunications Agreement
The GATS contains general obligations that apply to all members and
services whether or not listed in WTO members' schedules and specific
obligations that apply only to services scheduled by a member. The
Fourth Protocol to the GATS is the legal instrument embodying seventy
WTO members' basic telecommunications services commitments under the
GATS. The Fourth Protocol is generally referred to as the WTO Basic
Telecommunications Agreement. The agreement entered into force on
February 6, 1998 and 65 WTO members have accepted it thus far. A
description of each member's specific commitments as embodied in the
agreement is available at www.wto.org.
The WTO Basic Telecommunications Agreement encompasses commitments
in three areas: market access, national treatment (including
investment), and pro-competitive regulatory principles. For countries
making full commitments: their market access commitments open local,
long-distance and international service through any means of network
technology, either on a facilities basis or through resale of existing
network capacity; their national treatment commitments ensure treatment
no less favorable to U.S. services or service suppliers than to
services or service suppliers of the WTO member making the commitment
(e.g., U.S. companies can acquire, establish or hold a significant
stake in foreign telecommunications companies to the same extent as
companies of the WTO member making the commitment); and the pro-
competitive regulatory principles, set forth in a Reference Paper and
incorporated in the members' schedules, commit members to establish
independent regulatory bodies, guarantee that U.S. companies will be
able to interconnect with networks in foreign countries at fair prices,
forbid anti-competitive practices such as cross-subsidization, and
mandate transparency of government regulations and licensing.
[[Page 1855]]
The USTR seeks comment on whether any WTO members that have
accepted the WTO Basic Telecommunications Agreement have not made the
necessary legislative or regulatory changes to implement their
commitments, or permit acts, policies, or practices in their markets
that do not appear to be in compliance with these commitments. In
addition, the USTR seeks comments on whether any WTO members permit
acts, policies, or practices that do not appear to be in compliance
with other WTO obligations, e.g. the GATS, that affect market
opportunities for telecommunications products and services of the
United States.
NAFTA and Bilateral Trade Agreements
The USTR seeks comments on the operation and effectiveness of NAFTA
and the following bilateral trade agreements regarding
telecommunications products and services, See 63 FR 1140 (January 8,
1998) for further information concerning these agreements and USTER
Press Release 98-38 (available at www.ustr.gov) for the results of the
1997-98 section 1377 review concerning these agreements.
Canada: NAFTA Chapter 13 and other telecommunications-related
provisions.
Japan: The Nippon Telephone and Telegraph (NTT) agreement, which
expires on June 30, 1999; the 1994 U.S.-Japan Public Sector Procurement
Agreement on Telecommunications Products and Services; and, additional
telecommunications trade agreements with Japan, including a series of
agreements on: international value-added network services (IVANS)
(1990-91); open government procurement of all satellites, except for
government research and development (R&D) satellites (1990); network
channel terminating equipment (NCTE) (1990); and cellular and third-
party radio systems (1989) and cellular radio systems (1994).
Korea: Agreements in the areas of protection of intellectual
property rights (IPR), type approval of telecommunications equipment,
transparent standard-setting processes and non-discriminatory access to
Korea Telecommunications' procurement of telecommunications products.
Mexico: NAFTA Chapter 13 and other telecommunications-related
provisions; and, the 1997 understanding regarding test data acceptance
agreements between product safety testing laboratories.
Taiwan: The February 1998 agreement on WTO accession commitments in
telecommunications services and interconnection pricing for provision
of wireless services in Taiwan; and, the July 1996 agreement on the
licensing and provision of wireless services through the establishment
of a competitive, transparent and fair wireless market in Taiwan.
Technical Assistance
The USTR also seeks comments on what foreign countries' compliance
with their telecommunications trade agreement commitments would benefit
most from bilateral or multilateral technical assistance, especially
with respect to the pro-competitive regulatory commitments made under
the WTO Basic Telecommunications Agreement. The USTR's goal is to
collect information that will help to refine U.S. government programs
and U.S. policies towards relevant multilateral organizations. This
will assist concerned agencies in giving due weight to technical
assistance activities in support of implementation of
telecommunications trade commitments under the WTO.
Global Electronic Commerce
On November 30, 1998, the President of the United States reported
on the progress that the United States has made in the past fifteen
months on implementing the July 1997 ``Framework for Global Electronic
Commerce'' and launched five new initiatives, including an initiative
to eliminate foreign barriers to the deployment of advanced
telecommunications capabilities. See U.S. Government Working Group on
Electronic Commerce, First Annual Report, November 1998 (available at
www.ecommerce.gov). The particular focus of this initiative will be to
identify issues that affect the competitive international marketplace
for Internet and other interactive computer services as advanced
telecommunications capabilities are deployed in foreign countries.
Accordingly, the USTR seeks comments on issues affecting market
opportunities for electronic commerce in foreign countries.
Public Comment: Requirements for Submissions
USTR requests comments on: the operation and effectiveness of the
WTO Basic Telecommunications Agreement, other WTO agreements affecting
market opportunities for telecommunications products and services of
the United States, the NAFTA, and other telecommunications trade
agreements with Japan, Korea, Mexico, and Taiwan; technical assistance
for compliance with telecommunications commitments; and issues
affecting market opportunities for electronic commerce. All comments
must be in English, identify on the first page of the comments the
telecommunications trade agreement(s) discussed therein, be addressed
to Gloria Blue, Executive Secretary, TPSC, ATTN: Section 1377 Comments,
Trade Policy Staff Committee, Office of the U.S. Trade Representative,
and be submitted in 15 copies by noon on Tuesday, February 15, 1999.
All comments will be placed in the USTR Reading Room for inspection
shortly after the filing deadline, except business Confidential
information exempt from public inspection in accordance with 15 CFR
2003.6. Confidential information submitted in accordance with 15 CFR
2003.6, must be clearly marked ``BUSINESS CONFIDENTIAL'' in a
contrasting color ink at the top of each page on each of 15 copies, and
must be accompanied by 15 copies of a nonconfidential summary of the
confidential information. The nonconfidential summary will be placed in
the USTR Public Reading Room.
An appointment to review the comments may be made by calling Brenda
Webb at (202) 395-6186. The USTR Reading Room is open to the public
from 9:30 a.m. to 12 noon, and from 1:00 p.m. to 4:00 p.m., Monday
through Friday, and is located in Room 101.
Frederick L. Montgomery,
Chairman, Trade Policy Staff Committee.
[FR Doc. 99-717 Filed 1-11-99; 8:45 am]
BILLING CODE 3190-01-M
