[Federal Register Volume 65, Number 168 (Tuesday, August 29, 2000)]
[Notices]
[Pages 52469-52470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22070]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/D-204]


WTO Consultations Regarding Telecommunications Trade Barriers in 
Mexico

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

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SUMMARY: The Office of the United States Trade Representative 
(``USTR'') is providing notice that on August 17, 2000, the United 
States requested consultations in the World Trade Organization 
(``WTO'') with Mexico regarding its commitments and obligations under 
the General Agreement on Trade in Services (``GATS'') with respect to 
basic and value-added telecommunications services. Pursuant to Article 
4.3 of the WTO Dispute Settlement Understanding (``DSU''), such 
consultations are to take place within a period of 30 days from the 
date of receipt of the request, or within a period otherwise mutually 
agreed between the United States and Mexico. USTR invites written 
comments from the public concerning the issues raised in this dispute.

DATES: Although the USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted on or before September 25, 2000 to be assured of timely 
consideration by USTR.

ADDRESSES: Submit comments to Sandy McKinzy, Monitoring and Enforcement 
Unit, Office of the General Counsel, Room 122, Office of the United 
States Trade Representative, 600 17th Street, N.W., Washington, D.C., 
20508, Attn: Mexico Telecommunications Dispute. Telephone: (202) 395-
3582.

FOR FURTHER INFORMATION CONTACT: Demetrios J. Marantis, Associate 
General Counsel, Office of the United States Trade Representative, 600 
17th Street, N.W., Washington, D.C., (202) 395-3581.

SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round 
Agreements Act (URAA) (19 U.S.C. 3537(b)(1)) requires that notice and 
opportunity for comment be provided after the United States submits or 
receives a request for the establishment of a WTO dispute settlement 
panel. Consistent with this obligation, but in an effort to provide 
additional opportunity for comment, USTR is providing notice that 
consultations have been requested pursuant to the WTO Dispute 
Settlement Understanding. If such consultations should fail to resolve 
the matter and a dispute settlement panel is established pursuant to 
the DSU, such panel, which would hold its meetings in Geneva, 
Switzerland, would be expected to issue a report on its findings and 
recommendations within six to nine months after it is established.

Major Issues Raised by the United States

    Since the entry into force of the GATS, the Government of Mexico 
has adopted or maintained anti-competitive and discriminatory 
regulatory measures, tolerated certain privately-established market 
access barriers, and failed to take needed regulatory action in 
Mexico's basic and value-added telecommunications sectors. These acts 
and failures to act raise serious questions regarding whether Mexico is 
in compliance with its GATS commitments in these sectors. For example, 
Mexico has:
    (1) Enacted and maintained laws, regulations, rules, and other 
measures that deny or limit market access, national treatment, and 
additional commitments for service suppliers seeking to provide basic 
and value-added telecommunications services into and within Mexico;
    (2) Failed to issue and enact regulations, permits, or other 
measures to ensure implementation of Mexico's market access, national 
treatment, and additional commitments for service suppliers seeking to 
provide basic and value-added telecommunications services into and 
within Mexico;
    (3) Failed to enforce regulations and other measures to ensure 
compliance with Mexico's market access, national treatment, and 
additional commitments for service suppliers seeking to provide basic 
and value-added telecommunications services into and within Mexico;
    (4) Failed to regulate, control and prevent its major supplier, 
Telefonos de Mexico (``Telmex''), from engaging in activity that denies 
or limits Mexico's market access, national treatment, and additional 
commitments for service suppliers seeking to provide basic and value-
added telecommunications services into and within Mexico; and
    (5) Failed to administer measures of general application governing 
basic and value-added telecommunications services in a reasonable, 
objective, and impartial manner, ensure that decisions and procedures 
used by Mexico's telecommunications regulator are impartial with 
respect to all market participants, and ensure access to and use of 
public telecommunications transport networks and services on reasonable 
and non-discriminatory terms and conditions for the supply of basic and 
value-added telecommunications services.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in the dispute. Comments must be in 
English and provided in fifteen copies. A person requesting that 
information contained in a comment submitted by that person be treated 
as confidential business information must certify that such information 
is business confidential and would not customarily be released to the 
public by the commenter. Confidential business information must be 
clearly marked ``BUSINESS CONFIDENTIAL'' in a contrasting color ink at 
the top of each page of each copy.
    Information or advice contained in a comment submitted, other than 
business confidential information, may be determined by USTR to be 
confidential in accordance with section 135(g)(2) of the Trade Act of 
1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information 
or advice may qualify as such, the submitter--
    (1) Must so designate the information or advice;
    (2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE'' 
in a contrasting color ink at the top of each page of each copy; and
    (3) Is encouraged to provide a non-confidential summary of the 
information or advice.
    Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR 
will maintain a file on this dispute settlement proceeding, accessible 
to the public, in the USTR Reading Room: Room 101, Office of the United 
States

[[Page 52470]]

Trade Representative, 600 17th Street, N.W., Washington, D.C. 20508. 
The public file will include a listing of any comments received by USTR 
from the public with respect to the dispute; if a dispute settlement 
panel is convened, the U.S. submissions to that panel, the submissions, 
or non-confidential summaries of submissions, to the panel received 
from other participants in the dispute, as well as the report of the 
panel; and, if applicable, the report of the Appellate Body. An 
appointment to review the public file (Docket WTO/D-204, Mexico Telecom 
Dispute) may be made by calling Brenda Webb, (202) 395-6186. The USTR 
Reading Room is open to the public from 9:30 a.m. to 12 noon and 1 p.m. 
to 4 p.m., Monday through Friday.

Catherine Field,
Acting Assistant, United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 00-22070 Filed 8-28-00; 8:45 am]
BILLING CODE 3190-01-P