[Federal Register Volume 60, Number 28 (Friday, February 10, 1995)]
[Notices]
[Pages 8101-8102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3396]



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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-98]


Initiation of Section 302 Investigation Concerning Certain 
Discriminatory Canadian Communications Practices; Proposed 
Determination; and Request for Public Comment

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of initiation of investigation under section 302(a) of 
the Trade Act of 1974, as amended (19 U.S.C. 2412(a)); notice of 
proposed determination; request for written comment.

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SUMMARY: The United States Trade Representative (USTR) has initiated an 
investigation under section 302(a) of the Trade Act of 1974, as amended 
(the Trade Act), with respect to certain acts, policies and practices 
of the Government of Canada that have resulted in the denial of market 
access for U.S.-owned programming services to be distributed in Canada 
via cable carriage and in the termination of the authorization of a 
U.S.-owned programming service, Country Music Television (CMT), to be 
distributed in Canada via cable carriage. The USTR invites written 
comments from the public on the matters being investigated, 
particularly with respect to the amount of burden or restriction on 
U.S. commerce caused by the Canadian government's acts, policies and 
practices. In addition, the USTR is seeking public comment concerning a 
proposed determination that certain acts, policies and practices 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 are unreasonable or discriminatory and constitute a 
burden or restriction on U.S. commerce.

DATES: This investigation was initiated on February 6, 1995. Written 
comments from the public are due on or before noon on March 6, 1995.

ADDRESSES: Office of the United States Trade Representative, 600 17th 
Street, N.W., Washington, D.C. 20506.

FOR FURTHER INFORMATION CONTACT:
Claude Burcky, Director for Canadian Affairs, (202) 395-3412, or 
Vanessa Sciarra, Assistant General Counsel, (202) 395-7305.

SUPPLEMENTARY INFORMATION: On December 23, 1994, CMT filed a petition 
pursuant to Section 302(a) of the Trade Act alleging that acts, 
policies and practices of the Canadian government regarding the 
authorization for distribution via cable carriage of U.S.-owned 
programming services are discriminatory and are actionable under 
Section 301.
    Section 302(a) of the Trade Act authorizes the USTR to initiate an 
investigation under chapter 1 of Title III of the Trade Act (commonly 
referred to as ``section 301''), in response to the filing of a 
petition pursuant to Section 302(a)(1). Matters actionable under 
section 301 include, inter alia, acts, policies, and practices of a 
foreign country that are unreasonable or discriminatory and burden or 
restrict U.S. commerce. An act, policy or practice is unreasonable if 
the act, policy or practice, while not necessarily in violation of, or 
inconsistent with, the international legal rights of the United States, 
is otherwise unfair or inequitable. Unreasonable acts, policies or 
practices include, inter alia, denial of fair and equitable market 
opportunities.
    On February 6, 1995, the USTR determined that an investigation 
should be initiated to determine whether certain acts, policies or 
practices of the Government of Canada that have resulted in the denial 
of market access for U.S.-owned programming services to be distributed 
in Canada via cable carriage and in the termination of the 
authorization of a U.S.-owned programming service to be distributed in 
Canada via cable carriage are unreasonable or discriminatory and burden 
or restrict U.S. commerce. The acts, policies or practices at issue 
include the policy of the Canadian Radio-television and 
Telecommunications Commission (CRTC), set forth in Public Notice CRTC 
1984-81, to 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. This policy limits the ability of 
U.S.-owned programming services to compete in the Canadian market and 
acts as a disincentive to such service providers to attempt to enter 
the Canadian market.

Consultations and Proposed Determination

    Pursuant to section 303(a) of the Trade Act, the USTR has requested 
consultations with the Government of Canada concerning the issues under 
investigation. USTR will seek information and advice from the 
appropriate representatives provided for under section 135 of the Trade 
Act in preparing the U.S. presentations for such consultations.
    If the issues which are the basis of this investigation are not 
resolved expeditiously, the USTR proposes to determine pursuant to 
Section 304(a)(1) of the Trade Act that acts, policies and practices of 
the Canadian Government with respect to the granting or termination of 
authorizations for U.S.-owned programming services to be distributed in 
Canada via cable carriage are unreasonable or discriminatory and 
constitute a burden or restriction on U.S. commerce.
    If this determination is affirmative, the USTR must also determine 
what action would be appropriate under the statute. Actions that would 
be permitted in the case of an affirmative determination include action 
to suspend, withdraw or prevent the application of benefits of trade 
agreement concessions to Canada; imposition of duties or other import 
restrictions on goods of Canada or fees or restrictions on services of 
Canada; and restriction or denial of service sector access 
authorizations with respect to services of Canada.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in the petition and any other submissions 
to USTR in this investigation. In particular, comments are invited 
regarding (i) The acts, [[Page 8102]] policies and practices of the 
Government of Canada that are the subject of this investigation; (ii) 
the amount of burden or restriction on U.S. commerce caused by these 
acts, policies and practices; (iii) the determinations required under 
section 304 of the Trade Act; and (iv) appropriate action under Section 
301 which could be taken in response.
    Comments must be filed in accordance with the requirements set 
forth in 15 CFR 2006.8(b) (55 FR 20593) and are due no later than noon 
on March 6, 1995. Comments must be in English and provided in twenty 
copies to: Sybia Harrison, Staff Assistant to the Section 301 
Committee, Room 223, Office of the United States Trade Representative, 
600 17th Street, NW, Washington, DC 20506.
    Comments will be placed in a file (Docket 301-98) open to public 
inspection pursuant to 15 CFR 2006.13, except confidential business 
information exempt from public inspection in accordance with 15 CFR 
2006.15. Confidential business information submitted in accordance with 
15 CFR 2006.15 must be clearly marked ``BUSINESS CONFIDENTIAL'' in a 
contrasting color ink at the top of each page on each of 20 copies, and 
must be accompanied by a nonconfidential summary of the confidential 
information. The nonconfidential summary shall be placed in the file 
that is open to public inspection.
    Copies of the public version of the petition and other relevant 
documents are available for public inspection in the USTR Reading Room. 
An appointment to review the docket (Docket No. 301-98) may be made by 
contacting Brenda Webb at (202) 395-6186. The USTR Reading Room is open 
to the public from 10 a.m. to 12 noon and 1 p.m. to 4 p.m., Monday 
through Friday, and is located in Room 101, Office of the United States 
Trade Representative, 600 17th Street, NW., Washington, DC 20506.
Irving A. Williamson,
Chairman, Section 301 Committee.
[FR Doc. 95-3396 Filed 2-9-95; 8:45 am]
BILLING CODE 3190-01-M