ANNEX V

Schedule of United States

SECTOR: Communications

SUB-SECTOR: Telecommunications (Radio Communications)

INDUSTRY CLASSIFICATION: CPC 752 Telecommunications Services

LEVEL OF GOVERNMENT: Federal

LEGAL CITATION: Communications Act of 1934, as amended, Sections 1, 2, 4,

and Title III, 47 U.S.C. §§151 et. seq. (1988)

DESCRIPTION: The Communications Act of 1934 (the

Act) requires anyone wishing to engage

in communications by radio within the

United States and between the United

States and points outside the United

States to obtain a license from the

Federal Communications Commission

(FCC) for the use, but not the

ownership, of all channels of radio

communications; and no such license

shall be construed to create any right

beyond the terms, conditions and

periods of the license.

The Act requires the FCC, in granting

radio station licenses, to determine

if such a license would serve the

public interest, convenience and

necessity and empowers the FCC to

impose conditions pursuant to this

determination. The Act also empowers

the FCC to deny applications for radio

licenses where it is unable to find

that such grant would serve the public

interest, convenience and necessity.

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ANNEX V

Schedule of United States

SECTOR: Communications

SUB-SECTOR: Cable Television Services

INDUSTRY CLASSIFICATION: CPC 753 Radio and Television Cable Services

LEVEL OF GOVERNMENT: Federal

LEGAL CITATION: Communications Act of 1934, as amended,

47 U.S.C. §§151 et. seq. (1988)

Federal Communications Commission

Rules, Sections 76.501, 74.931(e)(5),

63.54, and 21.912

47 C.F.R. §§76.501, 74.931(e)(5),

63.54, and 21.912

DESCRIPTION: A cable television system is not

allowed to carry any television

broadcast signal if the cable system

owns, operates, controls or has an

interest in a television broadcast

station whose Grade B contour overlaps

the service area of such cable system.

(§76.501(a))

A cable television system may directly

or indirectly own, operate, control,

or have an interest in a national

television network (such as ABC, CBS,

or NBC) only if such system does not

pass more than (i) 10 percent of homes

passed on a nationwide basis when

aggregated with all other cable

systems in which the network holds

such a cognizable interest, and (ii)

50 percent of homes passed within any

one ADI (Arbitron Area of Dominant

Influence), except that a cable

television system facing a competing

system will not be counted toward this

50 percent limit. (§76.501(b))

A cable television company may not

lease excess transmission time or

capacity from a licensee of an

Instructional Television Fixed Service

(ITFS) station (television services

intended for use in educational

institutions) if the ITFS station is

located within 20 miles of that cable

television company's franchise area.

(§74.931(e)(5))

A telephone common carrier may not

engage in the provision (e.g.,

ownership, control, or production) of

video programming to the viewing

public in its telephone service area,

but may distribute such programming on

a common carrier basis and may only

have up to a five percent non-

controlling financial interest in

video programmers. (§63.54(a))

A telephone common carrier may not

provide channels of communications or

pole line conduit space, or other

rental arrangements to any entity

which is directly or indirectly owned,

operated or controlled by, or under

common control with, such telephone

common carrier, where such facilities

or arrangements are to be used for, or

in connection with, the provision of

video programming to the viewing

public in the telephone service area

of the telephone common carrier.

(§63.54(b))

In cable television franchise areas

served by a single cable operator,

that operator may not be authorized to

use frequencies assigned to the

Multichannel Multipoint Distribution

Service (MMDS) (the 2150-2165 Mhz and

2596-2644 Mhz bands), if a portion of

an MMDS station's protected service

area lies within that cable television

operator's franchise area. (§21.912)

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ANNEX V

Schedule of the United States

SECTOR: Energy

SUB-SECTOR: Natural Gas Transportation

INDUSTRY CLASSIFICATION: SIC 4922 Natural Gas Transmission

SIC 4923 Natural Gas Transmission and Distribution

SIC 4924 Natural Gas Distribution

LEGAL CITATION: 15 U.S.C. section 717(f)

18 C.F.R. part 157

DESCRIPTION: Section 7(c) of the Natural Gas Act of

1938, as amended, requires a natural

gas company, or a person which will be

a natural gas company upon completion

of proposed construction or extension

of transportation facilities, to

obtain a certificate of public

convenience and necessity to

construct, extend, acquire, or operate

such facilities. In addition, a

certificate is required to transport

or sell for resale natural gas in

interstate commerce.

The Act requires the FERC to hold

hearings on applications for permanent

certificates and to give interested

persons notice of such hearings and

notices of applications are published

in the Federal Register.

The FERC does not require a

certificate of pubic convenience and

necessity for certain replacement

construction, maintenance, emergency

facilities, auxiliary installations,

and certain types of taps.

Natural gas services for drilling oil

wells, or for testing or purging new

natural gas pipeline facilities are

exempt from the certificate

requirement.

Certain "emergency" sales,

transportation, or exchanges are

exempt from the certificate

requirement. When a certificate is

required, the FERC may grant a

temporary certificate for sale or

transportation in emergency

circumstances, pending the

determination on a permanent

certificate.

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ANNEX V

Schedule of the United States

SECTOR: Postal Services

SUB-SECTOR: Postal Services

INDUSTRY CLASSIFICATION: SIC 4311 United States Postal Service

LEVEL OF GOVERNMENT: Federal

LEGAL CITATION: 39 U.S.C. §§ 401 et seq.

18 U.S.C. § 1693

39 C.F.R. Parts 310 and 320

DESCRIPTION: The United States Postal Service is

generally authorized to "receive,

transmit, and deliver throughout the

United States, its territories and

possessions ... written and printed

matter, parcels and like materials."

The Postal Service also has the

exclusive authority to "provide and

sell postage stamps."

A carrier other than the U.S. Postal

Service may carry letters if, among

other things, each letter is enclosed

in an envelope, proper postage has

been paid in stamps, the stamp is

canceled by the sender, and the

carrier endorses the envelope.

The postal regulations define

"letters" to exclude telegrams, books

and magazines, and other materials.

The regulations also permit letters to

be carried accompanying cargo, by the

sender, by others without

compensation, and by special

messengers. The Postal Service has

suspended its regulations with respect

to private "express mail" services.

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ANNEX V

Schedule of United States

SECTOR: Recreation

SUB-SECTOR: National Parks Concessions

INDUSTRY CLASSIFICATION: SIC 7999 Amusement and Recreation

Services, Not Elsewhere Classified

LEVEL OF GOVERNMENT: Federal

LEGAL CITATION: 16 U.S.C. §§ 20 and 20a

DESCRIPTION: A concession is required to operate

hotels, restaurants, gift shops, snack

bars, equipment rentals, horseback

riding services, guide services,

fishing guides, mountain climbing, bus

transportation, and other services

facilities in U.S. national parks.

The National Park Service regulates

all aspects of these services,

including building specifications,

rates for the services, and hours of

operation.

The National Park Service awards

concessions only where they are

determined to be "necessary and

appropriate." In developing its plans

for the operation of a national park,

the Park Service determines what

operations, including concessions, are

"necessary and appropriate." As a

result of this determination, the Park

Service may determine that a given

concession is not needed.