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. ============================================================================= 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) ============================================================================= 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. ============================================================================= 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. ============================================================================= 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. ANNEX V Schedule of Canada SECTOR: Communication Industries SUB-SECTOR: Postal Services INDUSTRY CLASSIFICATION: SIC 4841 Postal Service Industry LEVEL OF GOVERNMENT: Federal LEGAL CITATION: Canada Post Corporation Act, R.S.C., c. C-10 Letter Definition Regulations, SOR/83-481 DESCRIPTION: Canada Post Corporation has the exclusive privilege to collect, transmit and deliver "letters", as defined in the Letter Definition Regulations, addressed in the territory of Canada, and its assent is required in order for other persons to sell stamps. ============================================================================= ANNEX V Schedule of Canada SECTOR: Communications SUB-SECTOR: Radiocommunications INDUSTRY CLASSIFICATION: CPC 752 Telecommunication LEVEL OF GOVERNMENT: Federal LEGAL CITATION: Radiocommunication Act, R.S.C. 1985, c.R-2; as amended by S.C 1989 c.1, c.17, ss. 5, 6 DESCRIPTION: A person desiring to operate a private radio transmission system must obtain a licence from the Department of Communications. The issuance of such licence is subject to spectrum availability and policies regarding its use. In general, priority is given to the use of spectrum for the purpose of developing non-private networks. ============================================================================= ANNEX V Schedule of Canada SECTOR: Energy SUB-SECTOR: Electricity Transmission INDUSTRY CLASSIFICATION: [To be provided] LEVEL OF GOVERNMENT: Federal LEGAL CITATION: National Energy Board Act, R.S.C., 1985, c. N-6 DESCRIPTION: Under Part III of the Act, construction and operation of international electricity transmission lines may require approval by the National Energy Board. ============================================================================= ANNEX V Schedule of Canada SECTOR: Energy SUB-SECTOR: Oil and Gas Transportation INDUSTRY CLASSIFICATION: [To be provided] LEVEL OF GOVERNMENT: Federal LEGAL CITATION: National Energy Board Act R.S.C., 1985 c. N-6 DESCRIPTION: The approval of the National Energy Board (NEB) is required for the construction and operation of all interprovincial or international pipelines for the transmission of oil or gas. A public hearing must be held and a certificate of public convenience and necessity issued where the pipeline in question is longer than 40 kilometers. Pipelines shorter than 40 kilometers may be authorized by an order without a public hearing. All modifications to and extension of pipelines must be approved by the Board. Part IV of the Act requires that all tolls for the transmission of oil and gas on NEB-regulated pipelines and all tariff matters shall be filed with or approved by the NEB. A public hearing may be held in considering toll and tariff matters. ============================================================================= ANNEX V Schedule of Canada SECTOR: Food, Beverages and Drug Industries, Retail SUB-SECTOR: Liquor, Wine and Beer Stores INDUSTRY CLASSIFICATION: 6021 Liquor Stores 6022 Wine Stores 6023 Beer Stores LEVEL OF GOVERNMENT: Federal LEGAL CITATION: Importation of Intoxicating Liquors Act, R.S.C., 1985, c. I-3 DESCRIPTION: The Importation of Intoxicating Liquors Act gives each provincial government an import monopoly on any intoxicating liquors entering its territory. ============================================================================= ANNEX V Schedule of Canada SECTOR: Transportation SUB-SECTOR: Land Transportation INDUSTRY CLASSIFICATION: SIC 457 Public Passenger Transit Systems LEVEL OF GOVERNMENT: Federal (administration delegated to provinces) LEGAL CITATION: National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) DESCRIPTION: Provincial transport boards have been delegated the authority to permit persons to provide extra-provincial (inter-provincial and cross-border) bus services in their respective provinces on the same basis as local bus services. All provinces, except New Brunswick, Prince Edward Island and Yukon, permit the provision of local and extra-provincial bus services on the basis of a public convenience and necessity test. ANNEX V Schedule of Mexico SECTOR: Communications SUB-SECTOR: Telecommunications INDUSTRY CLASSIFICATION: CMAP 720006 Other Telecommunications Services (Limited to Private Networks) LEVEL OF GOVERNMENT: Federal LEGAL CITATION: Ley de V¡as Generales de Comunicaci¢n (General Means of Communication Law), Libro Primero, Cap¡tulo III (Concesiones, Permisos y Contratos) Reglamento de Telecomunicaciones (Telecommunications Regulations), Cap¡tulo 2 Cap¡tulo 4 (Permisos) DESCRIPTION: Cross-Border Services Resale of circuit capacity of a private network may not exceed 30 percent of such capacity. ============================================================================= ANNEX V Schedule of Mexico SECTOR: Private Educational Services SUB-SECTOR: INDUSTRY CLASSIFICATION: CMAP 921101 Preschool Private Educational Services CMAP 921102 Primary School Private Educational Services CMAP 921103 Secondary School Private Educational Services CMAP 921104 Middle High (Preparatory) School Private Educational Services CMAP 921105 Higher Private Educational Services CMAP 921106 Private Educational Services that Combine Preschool, Primary, Secondary, Middle High and Higher School Instruction LEVEL OF GOVERNMENT: Federal and State LEGAL CITATION: Constituci¢n Pol¡tica de los Estados Unidos Mexicanos (United Mexican States Political Constitution)T¡tulo Primero, Cap¡tulo I Ley Federal de Educaci¢n (Federal Education Law) Cap¡tulos I, II, III y IV Ley para la Coordinaci¢n de la Educaci¢n Superior (Higher Education Coordination Law) Cap¡tulos I y II Ley Reglamentaria del Art¡culo 5 Constitucional relativo al ejercicio de las profesiones en el Distrito Federal, (Regulatory Law of Article 5 of the United Mexican States Political Constitution in relation to Professional Services) Article 1, related articles and its Regulation Art. 12, Cap¡tulos I y III, Secciones I y III Reglamento de la Ley Reglamentaria del Art¡culo 5 Constitucional relativo al ejercicio de las profesiones en el Distrito Federal, (Regulation of the Regulatory Law of Article 5 of the United Mexican States Political Constitution in relation to Professional Services) Cap¡tulo V DESCRIPTION: Cross-Border Services and Investment For the provision of primary, secondary, normal and workers or peasants educational services, prior and express authorization granted by the Secretar¡a de Educaci¢n P£blica or corresponding state authorities is required. Such authorization is granted on a case-by-case basis in accordance with public convenience and necessity. ============================================================================= ANNEX V Schedule of Mexico SECTOR: Transportation SUBÄSECTOR: Land Transportation INDUSTRY CLASSIFICATION: CMAP 973103 Vehicle Parking services) Services (Parking and garage CMAP 973104 Weight Scale Services for Transportation. CMAP 973105 Towing Services for Vehicles. CMAP 973106 Other Services Related to Land Transportation not mentioned in sections 9731, 7112 and 7113 of the CMAP LEVEL OF GOVERNMENT: Federal and State LEGAL CITATION: Ley de V¡as Generales de Comunicaci¢n (General Means of Communication Law) State laws [to be provided] DESCRIPTION: A permit issued by the Secretar¡a de Comunicaciones y Transportes is required to provide services related to land transportation. In some states such permits are granted on a basis of the public convenience and necessity.