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Date: Sat, 2 Apr 2005 18:03:32 +0800
From: "Al Alegre" <alalegre@fma.ph>
Subject: [communication 1317] =?Windows-1252?Q?Fw:_=5BWG_MD=5D_USTR_Issues_2005=931377=94_Review_of_Tel?=	=?Windows-1252?Q?ecom_Trade_Agreements?=
To: <psis-cs@fma.ph>,	"commrights-asia list" <commrights-asia@mail.fma.ph>
Cc: "wsis-asia" <communication@wsisasia.org>
Message-Id: <007401c5376b$42d4d540$9d00a8c0@fma>
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----- Original Message -----
From: Sasha Costanza-Chock <schock@riseup.net>

> http://tinyurl.com/63hrq
>
> The Office of the United States Trade Representative
>     Home / Document Library / Press Releases / 2005 / March / 03/31/2005
> | USTR Issues 2005 “1377” Review of Telecom Trade Agreements
>
> USTR Issues 2005 “1377” Review of Telecommunications Trade Agreements
> Renewed Focus on Identifying, Dismantling Telecommunications Trade
> Barriers Around the World 03/31/2005
>
>
> WASHINGTON - The Office of the United States Trade Representative
> announced today the results of its 2005 annual review of foreign
> compliance with telecommunications trade agreements, the $BE4(Bection 1377
> Review.”  The report both identifies barriers facing U.S.
> telecommunications services and equipment providers, and lays out the
> specific telecommunications-related issues on which the office of the
> USTR will focus its efforts this year.
>
> $BE&(Bnsuring the benefits of competitive telecommunications markets is a
> critical element of our global efforts to open markets and expand trade
> opportunities for all U.S. businesses,” said Acting U.S. Trade
> Representative Peter F. Allgeier.  $BE5(Bhe 1377 Review identifies practices
> that interfere with these goals, and that have the potential to damage
> American companies, workers and consumers$BMQ(Bractices which we will work
> vigorously over the coming year to modify or eliminate.”
>
> $BE8(Be are deeply concerned by the tepid commitment some of our trade
> partners have shown to competition in the telecommunications sector.
> This is especially true in countries such as China, India and Japan
> where national operators are already competing on a global level, but
> remain protected at home by relatively closed markets.  It is very hard
> to see a legitimate reason why these markets should not be open to full
> and effective competition,” said Allgeier.  $BE5(Bhe United States will work
> vigorously to strengthen and enforce our trade rights in these countries
> and elsewhere.
>
> $BE"(Bnother issue that is particularly troubling to us is the extremely
> high wholesale rates that we are seeing in some countries for calls to
> mobile networks,” added Allgeier.  $BE5(Bhese mobile termination charges
> involve tens of millions of dollars in charges U.S. companies and
> consumers pay for international calls.  Protecting U.S. consumers and
> companies from being gouged will remain a USTR priority.”
>
> The main issues identified in this year$BCT(B review include existing
> practices or prospective concerns relating to: 1) excessive
> interconnection rates for mobile networks in Germany, Japan, Mexico,
> Peru and Switzerland; (2) restrictions on access to and use of leased
> lines in Germany and submarine cable capacity in India; (3) excessive
> regulatory requirements in China, Colombia and India; (4) burdensome
> testing and certification requirements in Mexico and Korea; and, (5)
> limitations on suppliers’ choice of technology in China and Korea.
>
> Countries requiring particular attention this year include China, which
> has imposed a number of severe regulatory requirements, notably related
> to capitalization levels and joint venture partners; Japan, which has
> limited entry to its wireless markets by failing to make new spectrum
> available; Peru, which has consistently delayed addressing some of the
> world$BCT(B highest mobile termination rates; and India, which has failed to
> address restrictions on access to submarine cable capacity and
> undermined positive, liberalizing steps in its market by imposing
> excessive licensing requirements on new entrants.  While the situations
> in these countries have raised specific concerns, they are
> representative of trends in a number of other markets, as detailed in
> this year$BCT(B report.
>
> In several key areas, trade partners are expected to be soon taking
> decisions that could address problems U.S. companies identified in the
> 1377 Review.  USTR will follow such developments very closely, including:
>
>      * Peru$BCT(B determination in June implementing its requirement for
> cost-oriented mobile interconnection rates;
>      * Germany$BCT(B decision, by mid-year, addressing mobile
> interconnection rates;
>      * Mexico$BCT(B decision, expected by late summer, on a new mobile
> interconnection system;
>      * Japan$BCT(B allocation and assignment, by year end, of new spectrum
> for mobile operators; and
>      * China$BCT(B completion of a new telecommunications law, and its
> assignment of spectrum for new mobile services, both expected by year end.
>
> USTR will continue its efforts to open markets and expand trade
> opportunities in telecommunications through a range of activities
> including: bilateral and multilateral engagement with trade partners to
> hold them accountable to fully implementing their existing commitments;
> negotiating and adopting strong disciplines to eliminate or prevent the
> emergence of trade distorting barriers; and where warranted, initiating
> dispute settlement action.
>
> WTO rules provide pro-competitive guidelines for regulators to follow in
> ensuring reasonable access to networks and impartiality of regulatory
> processes.  To bolster WTO disciplines in these areas, USTR has
> negotiated strong provisions in U.S. Free Trade Agreements (FTAs).  All
> recent FTAs concluded by the United States, including with Singapore,
> Chile, Australia, Bahrain, Morocco and several Central American
> countries, contain specific prohibitions against the use of exclusionary
> standards in the telecommunications sector, ensure reasonable and
> non-discriminatory access to public networks, and interconnection among
> public network operators, and provide strong provisions on independent
> regulators, including powers to enforce rules in a transparent and
> meaningful way.  To the extent that these agreements are in force, USTR
> will continue to use them to assist in opening markets to give U.S.
> companies the ability to supply new and innovative services abroad.
>
>
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