[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Notices]
[Pages 5603-5604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3172]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-98]
Section 304 Determinations: Certain Discriminatory Canadian
Communications Practices
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of determinations.
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SUMMARY: The United States Trade Representative (USTR) has determined
[[Page 5604]]
pursuant to section 304(a)(1)(A)(ii) of the Trade Act of 1974 (19
U.S.C. 2414(a)(1)(A)(ii)) that certain acts, policies and practices of
the Government of Canada with respect to the granting or termination of
authorizations for U.S.-owned programming services to be distributed in
Canada via cable carriage deny market access for such services and are
unreasonable and discriminatory and constitute a burden or restriction
on U.S. commerce. The USTR has further determined pursuant to section
304(a)(1)(B) of the Trade Act that, as commercial negotiations to
restore the market access previously denied a U.S. programming service
are ongoing and the Government of Canada has taken no subsequent action
to terminate the authorizations of other U.S.-owned programming
services in Canada, the appropriate action at this time is to direct
the Section 301 Committee to recommend the implementation of
appropriate responsive action pursuant to section 301 should market
access not be restored to the U.S.-owned programming service and to
monitor pursuant to section 306 Canadian Government measures with
respect to the restoration of this market access and with respect to
the granting or termination of authorizations for other U.S.-owned
programming services in Canada.
DATES: The sections 304 determinations were made and the investigation
was terminated on February 6, 1996.
ADDRESSES: Office of the United States Trade Representative, 600 17th
Street NW., Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT: Claude Burcky, Director for Canadian
Affairs, (202) 395-3412, or William Kane, Assistant General Counsel,
(202) 395-7305.
SUPPLEMENTARY INFORMATION: On February 6, 1995, the USTR initiated an
investigation under section 302(a) of the Trade Act in response to a
petition filed on December 23, 1994, by Country Music Television (CMT)
pursuant to Section 302(a) of the Trade Act to determine whether
certain acts, policies or practices of the Government of Canada
regarding the authorization for distribution via cable carriage of
U.S.-owned programming services that have resulted in the denial of
market access for U.S.-owned programming services to distribute in
Canada via cable carriage and in the termination of the authorization
of a U.S.-owned programming service are unreasonable or discriminatory
and burden or restrict U.S. commerce. By Federal Register notice dated
February 10, 1995 (60 FR 8101), the USTR requested public comment on
the issues raised in the investigation, including on (i) the acts,
policies and practices that are the subject of the investigation, (ii)
the amount of burden or restriction on U.S. commerce caused by them,
(iii) the determinations required under section 304 of the Trade Act,
and (iv) appropriate action under Section 301 which could be taken in
response. Numerous comments were received in response.
Pursuant to section 303(a) of the Trade Act, the USTR requested
consultations with the Government of Canada concerning the issues under
investigation. On July 22, 1995, CMT and the Canadian network, New
Country Network (NCN), reached a tentative agreement to form a single
Canadian country music network, to be called CMT: Country Music
Television (Canada), which if it were to become final and be approved
by the Canadian Government, could result in the restoration of CMT's
market access and resolution of this dispute. To date the parties have
not reached a final agreement.
Section 304(a)(1)(A) of the Trade Act requires the USTR to
determine whether any act, policy or practice of the Government of
Canada described in section 301(b)(1) exists. If that determination is
affirmative, the USTR must determine, subject to the specific direction
of the President, what action, if any, is appropriate in response to
any such act, policy or practice.
Reasons for Determinations
(1) Canada's Acts, Policies and Practices
Having concluded the investigation undertaken pursuant to section
302 of the Trade Act and on the basis of public comments received and
the consultations with the Government of Canada, affected U.S. firms
and the relevant private sector advisory committees, the USTR has
determined pursuant to section 304(a)(1)(A)(ii) of the Trade Act that
certain acts, policies and practices of the Government of Canada with
respect to the granting or termination of authorizations for U.S.-owned
programming services to be distributed in Canada via cable carriage
deny market access for such services and are unreasonable and
discriminatory and constitute a burden or restriction on U.S. commerce.
Pursuant to the policy set forth in Public Notice CRTC 1984-81 of the
Canadian Radio-television and Telecommunications Commission (CRTC), the
CRTC may terminate authorizations of non-Canadian-owned programming
services which, in the CRTC's opinion, could be considered either
totally or partially competitive with existing or newly-available
Canadian-owned programming services. On June 6, 1994, following a
regulatory proceeding to consider new applications for authority to
distribute programs over cable television in Canada, the CRTC at the
request of NCN revoked CMT's authorization to be distributed in Canada
once NCN began distribution. NCN began distribution on January 1, 1995
and, at that time, CMT was evicted from the Canadian market.
(2) U.S. Action
As negotiations to restore the market access previously denied a
U.S. programming service are ongoing and the Government of Canada has
taken no subsequent action to terminate the authorizations of other
U.S.-owned programming services in Canada, the USTR has further
determined pursuant to section 304(a)(1)(B) of the Trade Act that the
appropriate action at this time is to direct the Section 301 Committee
to recommend the implementation of appropriate responsive action
pursuant to section 301 should market access not be restored to the
U.S.-owned programming service and to monitor pursuant to section 306
Canadian Government measures with respect to the restoration of this
market access and with respect to the granting or termination of
authorizations for other U.S.-owned programming services in Canada.
Irving A. Williamson,
Chairman, Section 301 Committee.
[FR Doc. 96-3172 Filed 2-12-96; 8:45 am]
BILLING CODE 3190-01-M
