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Korea Commitments On Trade In Telecommunications Goods And Services

MINISTRY OF INFORMATION AND COMMUNICATION

REPUBLIC OF KOREA

116 Sinmun-ro, 1 ga Jongro-gu Seoul 110-700, Korea

Tel 822-750-1400

Fax 822-750-1439

July 14.1997

Mr. Sean Murphy

Office of the United States

Trade Representative

Executive Office of the President

Washington, DC 20509

Dear Mr. Murphy:

In view of the advance Information Age that has emerged since the establishment of the WTO multilateral trading system, the Korean Government issued a Policy Statement in the official gazette of the Ministry of Information and Communication, ("MIC") regarding it telecommunication policy on 14 July 1997. For your reference, I attach herewith a copy of the Policy Statement. Copies the Policy Statement have also been distributed to facilities-based telecommunications service providers and major telecommunications equipment manufacturers in Korea, as well as the relevant government agencies, including the Ministry of Finance and Economy, the Ministry of Foreign Affairs, the Ministry of Trade, Industry and Energy, the Fair Trade Commission, the Korean Customs Service, the Korean Industrial Property Office and the Korean communications Commission. In addition, the Policy Statement has been made available to the public through MIC's Internet home page.

I believe that the maintenance of a close cooperative relationship in the telecommunications sector will prove to benefit to the two countries. In this regard, I would like to inform you that the Korean Government is willing to discuss, as necessary, telecommunications matters of mutual interest with the U.S. Government.

Sincerely,

{signature}

Kyo-Yong Lee

Director General

(English Version)

The MIC OFFICIAL GAZETTE

Information and Communication Policy Statement

for the Realization of an Information Society

1. In the wake of the establishments of the World Trade Organization (WTO) multilateral trading system, the global market is now embracing the trends of liberalization and deregulation. In the area of telecommunications, many of the WTO signatories participated in the Group on Basis Telecommunications ("WTO/GBT") negotiations to seek major liberalization of the basic telecommunications service markets in their countries and pursued a successful conclusion of the Information Technology Agreement ("ITA"). As a signatory to the Agreement Establishing the WTO, Korea also actively took part in these market-opening trade negotiations. Additionally, as a result of Korea's accession to the Organization for Economic Cooperation and Development ("OECD), Korea's role and responsibilities in the international market have increased substantially.

2. In view of these new developments, the Ministry of Information and Communication (the "Ministry") has recently revised its telecommunication laws, including the Telecommunications Business Act and the Radio Waves Act, in order to reflect the developments in the international telecommunications markets and to foster a telecommunications market environment that facilitates the realization of an advanced information society in Korea. In this connection, the Ministry would like to explain to providers of telecommunications equipment and services its telecommunications policy embodied in the following policy statement, and to request that such providers actively cooperate to successfully implement the policy.

A. The Ministry will continue to: (1) aggressively introduce market principles into the marketplace and increase the competitiveness of the telecommunications industry; (2) expand the market in response to the demand for new advanced telecommunications equipment and service; and (3) establish and improve the competition rules ensuring fair competition among various providers of telecommunications equipment and services and encouraging the entrepreneurship of the private sector.

A.1. Within the scope of its commitments and in accordance with its obligations under the WTO, Korea is committed to providing non-discriminatory treatment to foreign-owned or foreign-origin suppliers of telecommunications equipment and services and treatment no less favorable than that provided to domestic-owned or domestic-origin suppliers of like equipment and services.

A.2. In accordance with Article XVII:1 (c) of GATT 1994, private sector companies are free to make procurement decisions independently, based solely on their commercial considerations, such as price, quality, availability, marketability and transportation and other conditions of purchase or sale, irrespective of the origin of the equipment or the nationality of the supplier. Ministry policies and regulations should not be interpreted as requiring the use of telecommunications equipment or services of any particular national origin.

A.3. In adopting technical specifications, the Ministry will adopt non-discriminatory specifications and describe such specifications, where appropriate, (i) in terms of performance rather than design or descriptive characteristics; and (ii) based on international standards, where such exist, rather than national technical regulations or standards in accordance with Article VI of the WTO Agreement on Government Procurement ("WTO/GPA"). In the case of private sector companies, it is advisable that they adopt technical specifications that reflect trends in technological developments in the international telecommunications market.

A.4. Within the scope of its commitments under the WTO, the Korean Government licenses telecommunications service providers, both for domestic and foreign film firms, through a transparent process.

A.5. The previous licensing procedure for facilities-based service providers, which allowed applicants for a license to file their applications only after a notice inviting applications had been published, has been revised. For the purpose of the openness and transparency of the licensing procedures, the new licensing regulations provide information regarding among other things, the preparation of applications, the time frames for awarding of licenses and detailed licensing criteria. Licensing plans, including assigned spectrum bandwidth and licensing criteria, as well as any subsequent revisions or modifications, will be published in Official Gazette sufficiently in advance of the close of the licensing application period.

A.6. The licensing procedures have been streamlined in order to encourage broad participation and promote easy entry into the telecommunications market. The source of equipment described in a license application is not a factor in evaluating an application. Trade secret and proprietary information contained in applications for licenses will be protected in accordance with relevant laws.

A.7. From January 1, 1998 until December 31, 2000, Korea will allow foreign ownership in facilities-base telecommunication service providers, other than Korea Telecom ("KT") up to a maximum of 33%, from January 1, 2001, the Korean Government will allow foreign ownership in such service providers up to a maximum of 49%. However, no single person will be allowed to own more than 10% of a wireline service provider or 33% of wireless service provider.

A.8. In order to promote fair competition in the marketplace, the role and function of the Korea Communications Commission ("KCC") will be strengthened. Among other things, KCC will be empowered to address a broad range of issues affecting the preservation of fair competition in the telecommunications sector. In addition, KCC's dispute resolution procedure will be improved and the scope of issues subject to the procedure will be expanded. Specifically:

(i) The Ministry's regulations require that when requested by another service provider, dominant facilities-based service providers should conclude an interconnection arrangement within 90 day of the request at any technically feasible point in the network. If such a interconnection arrangement is not reached within the 90-days period, either of the parties involved may directly request KCC to resolve such a dispute, including dispute concerning the technical feasibility of the requested interconnection and the sharing of the extra costs involved KCC will be required to make a decision on such disputes within 90 days after receipt of a request from a party, thereby ensuring fair competition in the marketplace.

(ii) Pursuant to Ministry of Information and ommunication Ordinance No. 24 and Ministry of Information and Communication Notice No. 1996-47, facilities-based service providers are required to establish and maintain separate accounting systems for each of their services operations.

A.9 The Korean Government permits facilities-based service providers to use satellite systems other than INTELSAT and Koreansat for either voice or data communications using their own facilities. The Ministry will authorize such use through appropriate transparent procedures, thereby providing additional choices of transmission facilities to Korean service providers and promoting the advancement of satellite services in Korea. Beginning January 1, 1998, such use will be authorized based on a commercial arrangement with foreign satellite service provider through a streamlined procedure. In this regard, in accordance with Korea's commitments under the WTO/GBT agreement, beginning January 1, 1998, foreigners will be allowed to own up to 33% of a facilities-based service provider owning a radio station (in case of KT, 20%), and beginning January 1, 2001, up to 49% (in the case of KT, 33%).

Facilities-based service providers will be allowed to establish own and operate on premise receive only transmit or transmit/receive satellite earth stations for provision of domestic or international voice and data communication services through commercial satellites other than INTELSAT or Koreasat.

The establishment of a radio station, including transmit/receive earth stations, is subject to approval by the Ministry. However, in the event that the station's transmission power is limited or the station is for receive only, the station can be established only with notification to the Ministry (pursuant to Article 56 of the Radio Regulations) or without notification (pursuant to Article 56.2 of the same Regulations).

Paragraph 3 of Article 6 of the Radio Waves Act sets forth the criteria for authorizing the establishment of radio station, which include the following:

(i) The construction plans must be compatible with the relevant technical standards;

(ii) An appropriate bandwidth of radio spectrum must be available to operate the radio station;

(iii) The applicant must possess the necessary financial resources; and

(iv) The applicant must meet the requirements for the constriction and operation of a radio station

Once an applicant has constructed a radio station in a manner satisfying the above requirements at the request of the applicant, the Ministry will inspect the station and notify the applicant in writing of its decision on whether to approve the station.

B. As a member country of the WTO and the OECD, the Korean Government will ensure that Korea complies with the rules of these multilateral institutions. In this connection, the Ministry will continue its efforts to revise and update its laws and regulations in accordance with the relevant international agreements.

B.1. Korea participated actively in the WTO/GBT negotiations and the ITA negotiations in an effort to contribute to the additional liberalization and growth of the international telecommunication market and to enhance Korea's leadership in the global telecommunications market.

B.2. As result of Korea's accession to the WTO/GPA, which took effect on January 1, 1997 foreign suppliers are permitted to participate in various government procurement contracts involving goods and services in accordance with Korea's schedule to the WTO/GPA. In return for this market opening, Korea's suppliers are allowed to participate in the government procurement markets of the other signatories to the WTO/GPA. In this connection, it is the Ministry's belief that the Korean suppliers will need to make preparations to effectively exploit new market opportunities, and, upon request, the Ministry will be available to provide the necessary information for such preparations.

B.3. The Ministry will revise its laws and regulations governing foreign participation in the Korean basic telecommunication service market in accordance with the result of the WTO/GBT negotiations (which were concluded on February 15, 1997).

B.4. Proceeds from the "Research and Development Funds for the Information Society" will be used in manner consistent with the provisions of the relevant WTO agreements, including the Agreement on Subsidies and Countervailing Measures. For transparency, terms of contribution to research and development funds as condition of a license are specified in the new licensing regulations. Funds donated in excess of the maximum level specified in the licensing regulations will not be considered in evaluating an application.

B.5. Tariffs applicable to information technology products will be amended in accordance with the result of the ITA negotiations.

B.6. In order to facilitate the benefits of the Information Society, the Korean Government will ensure that there are no unnecessary delays in the importation of telecommunications products.

B.7. For the convenience of users and the continuing growth of trade in terminal equipment, the Ministry will streamline its type approval system and will grant approvals for the use of equipment subject to type approval based only on the equipment itself, and not on the service provider that intends to use the equipment. The scope of wireline telecommunications equipment subject to type approval includes any equipment directly attached to the public switched network and certain of the equipment not directly attached to the public network. The latter type of equipment includes: (i) accessories and components of an integrated system which is subject to type approval; (ii) terminal equipment used for ISDN; and (iii) digital transmission devises directly attached to a channel service unit ("CSU"). Additionally, the Ministry will continue to pursue mutual recognition arrangements with foreign countries so that Korean suppliers may not need separate type approvals from these foreign countries in exporting their equipment.

C. As the demand for advanced information/ telecommunications equipment intensifies, the Ministry will strengthen the protection of intellectual property rights in order to encourage the development and sales of advanced information technologies.

C.1. In procuring telecommunications equipment, government agencies and private sector companies are prohibited from purchasing products that have been found to infringe a third's party's intellectual property rights.

C.2. It is important that intellectual property rights are adequately protected in order to maximize the creativity and entrepreneurship of the private sector. In this regard, it is advisable that a purchaser refrain from requesting a supplier to provide unnecessary propriety information, and that if the purchaser requests necessary proprietary information, the supplier make efforts to comply with such request. It is further recommended that if a purchaser receives proprietary information, it take the necessary measures to maintain the confidentiality of the information.

C.3 Private sector companies will independently negotiate transfer of technology with foreign suppliers based on their commercial considerations in connection with their purchase or lease of telecommunications products or services from the suppliers.

C.4. A facilities-based service provider that has received proprietary information regarding another service provider's network for interconnection of the network will not be permitted to disclose the information without the consent of the party supplying the information or to use the information directly or indirectly for its commercial benefit.

C.5. If anyone infringes on a third party's trade secrets or other intellectual property rights, such infringement is actionable under the relevant laws, including the Unfair Competition Prevention Act and the Computer Programs Protection Act.

D. For the purpose of facilitating a better understanding of the Korean Government's policy stated above and for the purpose of obtaining comments and input form industry in order to implement the policy more effectively, the Ministry has established a desk to work closely with all the parties interested in the policy, regardless of their nationality. The Ministry expects and encourages all providers of goods and services to utilize the desk as much as possible. If you have any inquiry, comments or suggestion on our policy, please contact the following office of the Ministry:

Name of the Office:

International Policy Division

International Cooperation Bureau

Telephone Number: (02) 750-1410

Fax Number: (02) 750-1439

EXECUTIVE OFFICE OF THE PRESIDENT

THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON. D.C, 20508

July 29, 1997

His Excellency Kun Woo Park

Ambassador

Embassy of the Republic of Korea

2450 Massachusetts Ave., NW

Washington, DC 20008

Dear Ambassador Park:

I write to inform you that on July 23 I announced the resolution of U.S. concerns regarding access to the Korean telecommunications goods and services sector which have been the subject of ongoing bilateral consultations.

Attached please find copies of USTR's press statement and the Federal Register notice announcing my intention to revoke Korea's identification as a "Priority Foreign Country" (PFC) under section 1374 of the Omnibus Trade and Competitiveness Act of 1988. Also, enclosed are letters to Ministers Kang and Lim which I would kindly ask that you convey to Seoul.

As indicated in these materials, my decision to revoke the PFC identification is based not on any one action on the part of the Korean Government, but on a number of market-opening steps undertaken over the past year. These include the steps Korea has taken pursuant to the Information Technology Agreement and the WTO basic telecommunications services negotiation, and the reforms outlined in the July 14, 1997 policy statement published in the Ministry of Information and Communication (MIC) Gazette as agreed by our officials.

As U.S. officials have consistently stated during bilateral discussions resulting in the MIC Policy Statement, the United States views the assurances undertaken by Korea as fundamental to the revocation of the PFC identification. As such, they will be closely monitored by the U.S., Government. In this regard, the United States welcomes Korea's willingness to consult in the future on bilateral telecommunications issues.

I would also like to thank you for your personal role in contributing to the amicable resolution of these discussions. I look forward to working with you in the future to strengthen bilateral trade in the telecommunications sector.

Sincerely,

/signature/

Charlene Barshefsky

EXECUTIVE OFFICE OF THE PRESIDENT

THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON. DC 20508

July 29, 1997

The Honorable Kang Bong-Kyun

Minister of Information and Communication

Seoul, Republic of Korea

Dear Minister Kang:

I write to inform you that on July 23 I announced the resolution of U.S. concerns regarding access to the Korean telecommunications goods and services sector which have been the subject of ongoing bilateral consultations.

Attached please find copies of USTR's press statement and the Federal Register notice announcing my intention to revoke Korea's identification as a "Priority Foreign Country" (PFC) under section 1374 of the Omnibus Trade and Competitiveness Act of 1988.

As indicated in these materials, my decision to revoke the PFC identification is based not on any one action on the part of the Korean Government, but on a number of market-opening steps undertaken over the past year. These include the steps Korea has taken pursuant to the Information Technology Agreement and the WTO basic telecommunications services negotiation, and the reforms outlined in the July 14, 1997 policy statement published in the Ministry of Information and Communication (MIC) Gazette as agreed by our officials.

As U.S. officials have consistently stated during bilateral discussions resulting in the MIC Policy Statement, the United States views the assurances undertaken by Korea as fundamental to the revocation of the PFC identification. As such, they will be closely monitored by the U,S. Government. In this regard, the United States welcomes Korea's willingness to consult in the future on bilateral telecommunications issues.

I would also like to thank you for your role in contributing to the amicable resolution of these discussions. I look forward to working with you in the future to strengthen bilateral trade in the telecommunications sector.

Sincerely,

/signature/

Charlene Barshefsky

EXECUTIVE OFFICE OF THE PRESIDENT

THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON DC 20508

July 29, 1997

The Honorable Lim Chang

Minister of Trade, Industry and Energy

Seoul, Republic of Korea

Dear Minister Lim

I write to inform you that on July 23 I announced the resolution of US concerns regarding access to the Korean telecommunications goods and services sector which have been the subject of ongoing bilateral consultations.

Attached please find copies of USTR's press statement and the Federal Register notice announcing my intention to revoke Korea's identification as a "Priority Foreign Country" (PFC) under section 1374 of the Omnibus Trade and Competitiveness Act of 1988.

As indicated in these materials, my decision to revoke the PFC identification is based not on any one action on the part of the Korean Government, but on a number of market-opening steps undertaken over the past year. These include the steps Korea has taken pursuant to the Information Technology Agreement and the WTO basic telecommunication services negotiation, and the reforms outlined in the July 14, 1997 policy statement published in the Ministry of Information and Communication (MIC) Gazette as agreed by our officials.

As U.S. officials have consistently stated during bilateral discussions resulting in the MIC Policy Statement, the United States views the assurances undertaken by Korea as fundamental to the revocation of the PFC identification. As such, they will be closely monitored by the US Government. In this regard, the United States welcomes Korea's willingness to consult in the future on bilateral telecommunications issues.

Although telecommunications policy is not directly within the purview of your Ministry, I would also like to thank you for your role in contributing to the amicable resolution of these discussions, I look forward to working with you in the future to strengthen bilateral trade in the telecommunications sector.

Sincerely,

/signature/

Charlene Barshefsky

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

EXECUTIVE OFFICE OF THE PRESIDENT

WASHINGTON, DC 20508

USTR Press Release are available on the USTR home page at WWW.USTR.G0V.

They are also available through the USTR Fax Retrieval System at 202 395-4809

FOR IMMEDIATE RELEASE

Wednesday, July 23, 1997

97-70

Contact: Jay Ziegler

Kirsten Powers

Christine Wilkas

(202) 395-3230

UNITED STATES AND KOREA SUCCESSFULLY CONCLUDE

NEGOTIATIONS ON TRADE IN

TELECOMMUNICATIONS GOODS AND SERVICES

US Trade Representative Charlene Barshefsky announced today that the United States and Korea have concluded year-long negotiations which will expand opportunities in the growing Korean telecommunications market for US equipment and services suppliers.

"The United States has worked aggressively to open the Korean telecommunications market for U. S. equipment and services suppliers, " said Ambassador Barshefsky. "The commitments undertaken by Korea through multilateral and bilateral negotiations will help ensure that U.S. telecommunications companies the most competitive providers in the world are in a position to compete in Korea's telecommunications market, which is estimated to grow to $100 billion between 1996 and 2000."

"Korea has made important commitments, including the elimination of tariffs on information technology products, and a decrease in limitations on foreign ownership of domestic telecommunications services companies, and taken other steps which will promote competition and enhance transparency," said Ambassador Barshefsky, "Taken as whole, the Korean Government's actions over the last year should eliminate objectionable practices which led to Korea's identification in July 1996 as a 'Priority Foreign Country under section 1374 of the 1988 Omnibus Trade and Competitiveness Act."

Korea has undertaken a number of commitments which satisfy U.S. negotiating objectives:

The Korean Ministry of Information and Communication has agreed to employ policies that ensure Korea will address a wide range of U.S. telecommunications concerns. These policies are embodied in a July 14, 1997 policy statement which resulted from negotiations between the United States and Korea. The statement clarifies recent revisions of Korea telecom policies and practices, enhances transparency, and corrects misperceptions regarding the treatment of foreign telecom goods and services suppliers. Specific policies detailed in the MIC policy statement include: national treatment and non-discrimination for foreign companies; government non-intervention in private sector procurement; transparent criteria and procedures relating to services licensing; equipment certification and type approval; increased foreign ownership in domestic service providers; enhanced protection of intellectual property and proprietary information; clear guidelines for technology transfer; transparent procedures for satellite services authorization; pro-competitive regulatory measures; and an enhanced independent regulatory role for the Korean Communications Commission. These commitments ensure that U.S. telecom companies will enjoy improved market access in Korea.

Under the Information Technology Agreement, Korea will eliminate in stages tariffs on an agreed package of information technology products (including telecommunications) equipment by the year 2000; tariffs on a few additional items will be eliminated by 2004.

Under the WTO basic telecommunications agreement, Korea will allow increased foreign ownership of domestic telecommunications services companies and adopt a series of enforceable and pro-competitive regulatory principles.

Collectively, these undertakings will further open the Korean telecommunications market on competitive terms, and provide important opportunities for U.S. service and equipment providers.

Based on the positive steps taken by Korea over the last year, Ambassador Barshefsky has announced her intention to revoke Korea's identification as a Priority Foreign Country (PFC). According to Barshefsky, "The United States will continue to monitor closely Korean adherence to its commitments and will make use of U.S. trade laws and WTO procedures, if appropriate, to ensure effective implementation."

The formal revocation of Korea's identification as a PFC will be effective August 11, 1997

Federal Register / Vol. 62, No. 141

Wednesday, July 23, 1997

Page 39573

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Proposed Revocation of Korea's Identification as a Priority Foreign Country in Telecommunications Trade

AGENCY: Office of the United States Trade Representative

ACTION: Notice of proposed action and request for public comments

SUMMARY: On July 26, 1996, the United States Trade Representative (USTR) identified the Republic of Korea as a "priority foreign country" (PFC) under section 1374 of the Omnibus Trade and Competitiveness Act of 1988 (the Act) because certain acts, policies, and practices denied mutually advantageous market opportunities to U.S. suppliers of telecommunications goods and services. As a result of negotiations following this identification, Korea has made measurable progress towards the elimination of the objectionable acts, policies, or practices which were the subject of the specific negotiating objectives determined by the USTR under section 1375 of the Act. The office of the USTR seeks comments on its proposal to revoke Korea's PFC identification on August 11, 1997.

DATE: Comments are due by August 8, 1997

ADDRESS: Comments may be submitted to Ms. Sybia Harrison, office of the General Counsel, Room 223, Office of the U.S. Trade Representative, 600 17th Street, NW, Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: Sean Murphy (202 395-6813) Office of Asia and the Pacific, or Joanna McIntosh (202 395- 7203), Office of the General Counsel, Office of the US Trade Representative, 600 17th Street, NW, Washington, DC 20508

SUPPLEMENTARY INFORMATION: Section 1374 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3103) provides that the USTR may identify as a "priority foreign country" those countries which maintain barriers that deny U.S. telecommunications products and services mutually advantageous market opportunities.

On July 26, 1996, the USTR identified Korea as a PFC as a result of Korea' s failure to eliminate barriers that deny mutually advantageous market opportunities for U.S. providers of telecommunications goods and services and that are not covered by the existing agreements with Korea 61 Fed. Reg. 40279 (Aug. 1, 1996). The barriers included, but were not limited to the Korean Government's intervention in procurements by private Korean companies, improper promotion of domestic manufacturing of high-technology telecommunications products, and limitations on foreign ownership of telecommunications services. As described below, over the last twelve months, Korea has conducted multilateral and bilateral negotiations with the United States and made measurable progress in eliminating the objectionable acts, policies, and practices which were the subject of the specific negotiating objectives determined by USTR:

1 ) Korea participated in the successful conclusion of the Information Technology Agreement (ITA), negotiated under the auspices of the World Trade Organization (WTO), which was concluded in December 1996. Under the ITA, Korea will eliminate in stages tariffs and customs duties on an agreed package of information technology products, including telecommunications equipment. Korea will reduce tariffs to zero by the year 2000 for all covered products, except for thirteen items for which tariffs will be reduced to zero by 2004. These tariff eliminations will increase market access in Korea for U.S suppliers of telecommunications goods.

2) Korea also participated in the successful conclusion in February 1997 of the WTO basic telecommunications services negotiations. Beginning in January 1998, Korea will allow increased foreign ownership of domestic telecommunications services companies and adopt a number of transparent and pro-competitive regulatory principles. These commitments will enhance competition in the Korean telecommunications services sector and provide new opportunities for U.S. investors and services operators, as well as equipment suppliers.

3) The Korean Ministry of Information and Communication (MIC) issued a policy statement on July 14, 1997 clarifying recent revisions of government practices, procedures and objectives in the telecommunications sector. The policy statement provides guidance to domestic and foreign telecommunications goods and services suppliers in Korea and enhances transparency by correcting misperceptions regarding the treatment of foreign suppliers. The specific policies embodied in the MIC policy statement include: national treatment and non-discrimination for foreign companies; government non-intervention in private sector procurement; transparent procedures on services licensing, equipment certification and type approval; foreign ownership limitations; the protection of intellectual property and proprietary information; technology transfer; satellite services authorization; pro-competitive regulatory measures; and the evolving role of the Korean Communications Commission to further promote and protect fair competition in the Korean market.

The United States will continuously monitor Korea' s adherence to the above commitments and will enforce them, as appropriate, under U.S. trade laws and applicable WTO procedures to ensure effective implementation.

Public Comment: Requirements for Submissions

Pursuant to the Act, this notice invites written comments from interested parties on the proposed action. Submissions are to be received in writing by not later than 5:00pm on August 8, 1997 and must be in English and provided in five (5) 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. A person requesting that information or advice contained in a comment submitted by that person, other than business confidential information, be treated as confidential in accordance with section 135(g) (2) of the Trade Act of, 1974 (19 U.S.C. 2155)

(1) Must so designate that 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-confidental summary of the information or advice.

The Office of the USTR will maintain a file on this issue, accessible to the publici in the USTR Reading Room: Room 101, Office of the United States Trade Representative, 600 17th Street, N.W., Washington, D.C. 20508. The public file will include a listing of any comments received by the office of the USTR from the public with respect to this proposal. An appointment to review the public file may be made by calling Brenda Webb, (202) 395-6186. The USTR Reading Room is open to the public from 9:30am. to 12 noon and 1:00 p.m. to 4:00 p.m., Monday through Friday.

Irving Williamson

Acting General Counsel


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