[Federal Register: November 29, 2002 (Volume 67, Number 230)]
[Notices]
[Page 71229-71230]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no02-161]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Request for Comments Concerning Compliance With
Telecommunications Trade Agreements
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of request for public comment and reply comment.
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SUMMARY: Pursuant to section 1377 of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 3106) (``section 1377''), the
Office of the United States Trade Representative (``USTR'') is
reviewing, and requests comments on: The operation and effectiveness of
and the implementation of and compliance with the World Trade
Organization (``WTO'') Basic Telecommunications Agreement; other WTO
agreements affecting market opportunities for telecommunications
products and services of the United States; the telecommunications
provisions of the North American Free Trade Agreement (``NAFTA''); and,
other telecommunications trade agreements with the Asia Pacific
Economic Cooperation (``APEC'') members, the European Union (``EU''),
the Inter-American Telecommunications Commission (``CITEL''), Japan,
Korea, Mexico and Taiwan. The USTR will conclude the review on March
31, 2003.
DATES: Comments are due by noon on January 3, 2003, and Reply Comments
are due by noon on January 24, 2003.
ADDRESSES: Comments should be submitted to Rhonda Schnare, Office of
General Counsel, Attn: Section 1377 Comments, Office of the United
States Trade Representative, 600 17th Street, NW., Washington, DC
20508. As explained below, in order to ensure the most timely and
expeditious receipt and consideration of comments and reply comments,
USTR has arranged to accept submissions in electronic format (e-mail).
Comments should be submitted electronically to fr0056@ustr.gov.
FOR FURTHER INFORMATION CONTACT: Kenneth Schagrin, Office of Industry
and Telecommunications (202) 395-5663; or Rhonda Schnare, Office of the
General Counsel (202) 395-3582.
SUPPLEMENTARY INFORMATION: Section 1377 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 with
the United States is inconsistent 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:
(1) Whether any WTO member is acting in a manner that is
inconsistent with its commitments under the WTO Basic
Telecommunications Agreement or with other WTO obligations, e.g., the
WTO General Agreement on Trade in Services (``GATS''), including the
Annex on Telecommunications and the Reference Paper on Pro-Competitive
Regulatory Principles, that affect market opportunities for U.S.
telecommunications products and services;
(2) Whether Canada or Mexico has failed to comply with their
telecommunications commitments under NAFTA;
(3) Whether APEC or CITEL members, the EU, Japan, Korea, Mexico or
Taiwan have failed to comply with their commitments under additional
telecommunications agreements with the United States.\1\
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\1\ Japan: The 1999 Nippon Telegraph and Telephone (NTT)
agreement; 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 satellites (1990); network
channel terminating equipment (NCTE) (1990); and cellular and third-
party radio systems (1989) and cellular radio systems (1994).
Korea: Agreements regarding protection of intellectual property
rights (``IPR'') (1996), type approval of telecommunications
equipment (1992/1996), transparent standard-setting processes,
(1992/1997) and non-discriminatory access to Korea
Telecommunications' procurement of telecommunications products
(1992/1996).
Mexico: The 1997 understanding regarding test data acceptance
agreements between product safety testing laboratories.
Mutual Recognition Agreements For Conformity Assessment of
Telecommunications Equipment: Mutual Recognition Agreements
(``MRAs'') regarding telecommunications equipment trade with the
European Union (1997), APEC countries (1998), and CITEL countries
(1999).
Taiwan: The February 1998 agreement on 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. USTR also seeks comments on
telecommunications commitments made by Taiwan to the United States
in October 1999 and February 1998 as part of its accession to the
WTO.
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(4) Whether there remains outstanding issues from previous Section
1377 reviews on those countries or issues previously cited. Last year's
review concluded that it would focus attention on the following
practices as a matter of priority: (1) Mobile wireless termination
rates in the European Union (EU) Member States and Japan, (2)
provisioning and pricing of leased telecom lines in EU Member States
and Switzerland, and (3) interconnection and other competitive concerns
in Mexico. USTR continues to closely monitor other telecommunications
trade practices identified in the following countries: Australia,
Brazil, China, Colombia, India, Japan, Peru, and South Africa.
See 63 FR 1140 (January 8, 1998) for further information concerning
the agreements listed below and USTR Press Release 02-XX available at
http://www.ustr.gov, for the results of the 2001-2002 section 1377
review concerning these agreements.
Public Comment and Reply Comment: Requirements for Submissions
USTR requests comments on: The operation and effectiveness of--
including implementation of and compliance with--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 APEC members, CITEL members,
[[Page 71230]]
the EU, Japan, Korea, Mexico and Taiwan. 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,
Office of the U.S. Trade Representative, and be submitted in 15 copies
by noon on January 3, 2003. Reply Comments will also require 15 copies
by noon on January 24, 2003.
In order to ensure the most timely and expeditious receipt and
consideration of comments and reply comments, USTR has arranged to
accept submissions in electronic format (e-mail). Comments should be
submitted electronically to fr0056@ustr.gov. An automatic reply
confirming receipt of e-mail submission will be sent. E-mail
submissions in Microsoft Word or Corel WordPerfect are preferred. If a
word processing application other than those two is used, please
include in your submission the specific application used. For any
document containing business confidential information submitted
electronically, the file name of the business confidential version
should begin with the characters ``BC'', and the file name of the
public version should begin with the character ``P''. The ``BC'' and
``P'' should be followed by the name of the person or entity submitting
the comments or reply comments. Interested persons who make submissions
electronically should not provide separate cover letters; rather,
information that might appear in a cover letter should be included in
the submission itself. Similarly, to the extent possible, any
attachments to the submission should be included in the same file as
the submission itself, and not as separate files.
We strongly urge people to avail themselves of the electronic
filing, if at all possible. If an e-mail submission is impossible, 15
copies may be submitted in accordance with the procedures listed below,
and if not filed electronically must be delivered via private
commercial courier, and arrangements must be made with Ms. Blue prior
to delivery for their receipt. Ms. Blue should be contacted at (202)
395-3475.
All non-confidential comments and reply comments will be placed on
the USTR website, http://www.ustr.gov and 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. Since comments and reply
comments will be posted on USTR's website, those persons not availing
themselves of electronic filing must submit their 15 copies with a
diskette. USTR will post the non-confidential version of the filing,
therefore the non-confidential version must be clearly marked on the
diskette.
An appointment to review the comments may be made by calling the
USTR Reading Room at (202) 395-6186. The USTR Reading Room is open to
the public from 9:30 a.m. to 12 noon, and from 1 p.m. to 4 p.m., Monday
through Friday, and is located in Room 3 of 1724 F Street, NW.
Dated: November 25, 2002.
Peter B. Davidson,
General Counsel.
[FR Doc. 02-30311 Filed 11-27-02; 8:45 am]
BILLING CODE 3190-01-P