Title:Annex V -- Schedule of United State
Author: White House
Document-Date: 29 Sept 1993
Content-Type: text/plain; CHARSET=US-ASCII
Content-Length:17641

  
 
 
 
 
 
                                                    Annex V - United States                                          
          _______________________ 
 
 
 
 
                                        Annex V 
                               Schedule of United States 
 
             
            Sector:             Communications 
 
            Sub-Sector:         Telecommunications (Radiocommunications) 
 
            Industry            CPC 752   Telecommunications Services 
            Classification: 
 
            Level of            Federal 
            Government: 
 
            Measures:           Communications Act of 1934, 47 U.S.C.    151 
                                et seq.  
 
            Description:        Any person wishing to engage in 
                                communications by radio within the United 
                                States and between the United States and 
                                points outside the United States must obtain 
                                a license from the Federal Communications 
                                Commission (FCC) for the use, but not the 
                                ownership, of all channels of 
                                radiocommunications.    
                                Such a license shall not be construed to 
                                create any right beyond the terms, conditions 
                                and periods of the license. 
 
                                The Communications Act of 1934 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 FCC must 
                                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 - United States                                          
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            Sector:             Communications 
 
            Sub-Sector:         Cable Television Services 
 
            Industry            CPC 753   Radio and Television Cable Services 
            Classification: 
 
            Level of            Federal 
            Government: 
 
            Measures:           Communications Act of 1934, 47 U.S.C.    151 
                                et seq.  
 
                                Federal Communications Commission Rules,    
                                76.501, 74.931(e)(5), 63.54 and 21.912  
 
                                The Cable Television Consumer Protection and 
                                Competition Act of 1992, Pub. L. No. 102-385, 
                                106 Stat. 1460 (1992) 
 
                                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:  
 
                                (a)  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  
 
                                (b)  50 percent of homes passed within any 
                                     one Arbitron Area of Dominant Influence 
 
 
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                                                    Annex V - United States                                          
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                                     (ADI), 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 (for example, ownership, 
                                control or production) of video programming 
                                directly 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) and (e)). 
 
                                A telephone common carrier may not provide 
                                channels of communications or pole line 
                                conduit space, or other rental arrangements 
                                to any entity that 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)). 
 
                                A telephone common carrier may not acquire 
                                cable facilities in its service area and use 
                                those facilities to provide video dialtone 
                                services or to engage in activities related 
                                to the provision of video programming 
                                directly to subscribers (  63.54(d)(3)). 
 
 
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                                                    Annex V - United States                                          
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                                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). 
 
                                A cable operator may not hold a license for 
                                multichannel multipoint distribution or 
                                satellite master antenna television service, 
                                apart from the franchised service, in the 
                                same area in which it holds a cable system 
                                franchise (The Cable Television Consumer 
                                Protection and Competition Act of 1992 ("1992 
                                Cable Act"), section 11). 
 
                                A cable operator may not set or otherwise 
                                transfer its ownership in a cable system 
                                within three years following the acquisition 
                                or initial construction of such system (1992 
                                Cable Act, section 13). 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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                                                    Annex V - United States                                          
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            Sector:             Energy 
 
            Sub-Sector:         Natural Gas Transportation 
 
            Industry            SIC 4922  Natural Gas Transmission 
            Classification:     SIC 4923  Natural Gas Transmission and 
                                          Distribution 
                                SIC 4924  Natural Gas Distribution 
 
            Measures:           15 U.S.C.   717f 
 
                                18 C.F.R.   157 
 
            Description:        A natural gas company, or a person that will 
                                be a natural gas company upon completion of 
                                proposed construction or extension of 
                                transportation facilities, is required 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 Federal Energy Regulatory Commission 
                                (FERC) is required to hold hearings on 
                                applications for permanent certificates and 
                                to give interested persons notice of such 
                                hearings.  Notices of applications are 
                                published in the Federal Register. 
 
                                The FERC does not require a certificate of 
                                public 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.  Where a certificate is 
                                required, the FERC may grant a temporary 
                                certificate for sale or transportation in 
                                emergency circumstances, pending the 
 
 
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                                                    Annex V - United States                                          
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                                determination on a permanent certificate. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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                                                    Annex V - United States                                          
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            Sector:             Postal Services 
 
            Sub-Sector: 
 
            Industry            SIC 4311  United States Postal Service 
            Classification: 
 
            Level of            Federal 
            Government: 
 
            Measures:           39 U.S.C.    401 et seq. 
 
                                18 U.S.C.   1693 
 
                                39 C.F.R.    310 and 320 
 
            Description:        The U.S. 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 - United States                                          
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            Sector:             Recreation 
 
            Sub-Sector:         National Parks Concessions 
 
            Industry            SIC 7999  Amusement and Recreation Services, 
            Classification:               Not Elsewhere Classified 
 
            Level of            Federal 
            Government: 
 
            Measures:           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 guide services, 
                                mountain climbing services, bus 
                                transportation and other services 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. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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