[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Notices]
[Pages 70527-70528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28505]


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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, effectiveness, and 
implementation of, and compliance with the following agreements 
regarding telecommunications products and services of the United 
States: The World Trade Organization (``WTO'') General Agreement on 
Trade in Services; The North American Free Trade Agreement (``NAFTA''); 
U.S. free trade agreements (``FTAs'') with Australia, Bahrain, Chile, 
Colombia, Korea, Morocco, Oman, Panama, Peru, and Singapore; the 
Dominican Republic-Central America-United States Free Trade Agreement 
(``CAFTA-DR''); and any other telecommunications trade agreements, such 
as Mutual Recognition Agreements (MRAs) for Conformity Assessment of 
Telecommunications Equipment. The USTR will conclude the review by 
March 31, 2013.

DATES: Comments are due on December 17, 2012 and reply comments on 
January 14, 2013.

ADDRESSES: Submissions should be made via the Internet at 
www.regulations.gov docket number USTR-2012-0035. For alternatives to 
on-line submissions please contact Yvonne Jamison (202-395-3475). The 
public is strongly encouraged to file submissions electronically rather 
than by facsimile or mail.

FOR FURTHER INFORMATION CONTACT: Jonathan McHale, Office of Services 
and Investment, (202) 395-9533; or Scott Pietan, Office of Market 
Access and Industrial Competitiveness, (202) 395-9646.

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 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 trade agreement or other telecommunications trade 
agreement with the United States is inconsistent with the terms of such 
agreement or otherwise denies U.S. firms, within the context of the 
terms of such agreements, mutually advantageous market opportunities 
for telecommunications products and services. For the current review, 
the USTR seeks comments on:
    (1) Whether any WTO member is acting in a manner that is 
inconsistent with its obligations under WTO agreements affecting market 
opportunities for telecommunications products or services, e.g., the 
WTO General Agreement on Trade in Services (``GATS''), including the 
Agreement on Basic Telecommunications Services, the Annex on 
Telecommunications, and any scheduled commitments including the 
Reference Paper on Pro-Competitive Regulatory Principles; the WTO 
Agreement on Subsidies and Countervailing Measures; the WTO Agreement 
on Trade-Related Aspects of Intellectual Property Rights; or the 
plurilateral WTO Agreement on Government Procurement.
    (2) Whether Canada or Mexico has failed to comply with its 
telecommunications obligations under the NAFTA;
    (3) Whether Costa Rica, the Dominican Republic, El Salvador, 
Guatemala, Honduras or Nicaragua has failed to comply with its 
telecommunications obligations under the CAFTA-DR;
    (4) Whether Australia, Bahrain, Chile, Colombia, Korea, Morocco, 
Oman, Panama, Peru, or Singapore has failed to comply with its 
telecommunications obligations under its FTA with the United States 
(see http://www.ustr.gov/trade-agreements/free-trade-agreements for 
links to U.S. FTAs);
    (5) Whether any country has failed to comply with its obligations 
under telecommunications trade agreements with the United States other 
than FTAs, e.g., Mutual Recognition Agreements (MRAs) for Conformity 
Assessment of Telecommunications Equipment (see http://ts.nist.gov/standards/conformity/mra/mra.cfm for links to certain U.S. 
telecommunications MRAs);
    (6) Whether any act, policy, or practice of a country cited in a 
previous section 1377 review remains unresolved (see http://www.ustr.gov/trade-topics/services-investment/telecom-ecommerce/section-1377-review for recent reviews); and
    (7) Whether any measures or practices of a country that is a WTO 
member or for which an FTA or telecommunications trade agreement has 
entered into force with respect to the United States impede access to 
its telecommunications markets or otherwise deny market opportunities 
to telecommunications products and services of United Stares firms. 
Measures or practices of interest include, for example, efforts by a 
foreign government or a telecommunications service provider to block 
services delivered over the Internet (including, but not limited to 
voice over Internet protocol services, social networking, and search 
services); requirements for access to or use of networks that limit the 
products or services U.S. suppliers can offer in specific foreign 
markets; the imposition of excessively high licensing fees; 
unreasonable wholesale roaming rates that mobile telecommunications 
service suppliers in specific foreign markets charge U.S. suppliers 
that seek to supply international mobile roaming services to their U.S. 
customers; allocating access to spectrum or other scarce resources 
through discriminatory procedures or contingent on the purchase of 
locally-produced equipment; subsidies provided to equipment 
manufactures which are contingent upon exporting or local content, or 
have caused adverse effects to domestic equipment manufacturers and the 
imposition by foreign governments of unnecessary or discriminatory 
technical regulations or standards for telecommunications products or 
services. In all cases, commenters should provide any available 
documentary evidence, including relevant legal measures where 
available, translated into English where necessary, to facilitate 
evaluation.

Public Comment and Reply Comment: Requirements for Submission

    Comments in response to this notice must be written in English, 
must identify (on the first page of the comments) the 
telecommunications trade agreement(s) discussed therein, and must be 
submitted no later than December 17, 2012. Any replies to comments 
submitted must also be in

[[Page 70528]]

English and must be submitted no later than January 14, 2013. Comments 
and reply comments must be submitted using http://www.regulations.gov, 
docket number USTR- 2012-0035. In the unusual case where submitters are 
unable to make submissions through regulations.gov, the submitter must 
contact Yvonne Jamison at (202) 395-3475 to make alternate 
arrangements. To submit comments using http://www.regulations.gov, 
enter docket number USTR- 2012-0035 under ``Key Word or ID'' on the 
home page and click ``Search''. The site will provide a search results 
page listing all documents associated with this docket. Locate the 
reference to this notice, and click on ''Comment Now!'' Follow the 
instructions given on the screen to submit a comment. The http://www.regulations.gov Web site offers the option of providing comments by 
filling in a ``Type Comment'' field or by attaching a document using 
the ``Upload File(s)'' option. While both options are acceptable, USTR 
prefers submissions in the form of an attachment. If you attach a 
comment, it is sufficient to type ``see attached'' in the comment 
section. Please do not attach separate cover letters to electronic 
submissions; rather, include any information that might appear in a 
cover letter in the comments themselves. Similarly, to the extent 
possible, please include any exhibits, annexes, or other attachments in 
the same file as the submission itself, not as separate files. (For 
further information on using the www.regulations.gov Web site, please 
consult the resources provided on the Web site by clicking on the 
``help'' tab.) Submitters should provide updated information on all 
issues they cite in their filings; USTR will not review submissions 
that are copies of earlier submissions.

Business Confidential Submissions

    For any comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC''. The top of any page 
containing business confidential information must be clearly marked 
``BUSINESS CONFIDENTIAL''. Any person filing comments that contain 
business confidential information must also file in a separate 
submission a public version of the comments. The file name of the 
public version of the comments should begin with the character ``P''. 
The ``BC'' and ``P'' should be followed by the name of the person or 
entity submitting the comments. The submitter must include in the 
comments a written explanation of why the information should be 
protected. The submission must indicate, with asterisks, where 
confidential information was redacted or deleted. The top and bottom of 
each page of the non-confidential version must be marked either 
``PUBLIC VERSION'' or ``NON-CONFIDENTIAL''.

Public Inspection of Submissions

    Comments will be placed in the docket and open to public 
inspection, except confidential business information. Comments may be 
viewed on the http://www.regulations.gov Web site by entering the 
relevant docket number in the search field on the home page.

Douglas M. Bell,
Chair, Trade Policy Staff Committee.
[FR Doc. 2012-28505 Filed 11-23-12; 8:45 am]
BILLING CODE 3290-F3-P