RESTRICTEDWORLD TRADE
ORGANIZATIONS/C/W/53
24 September 1998
(98-3726)
Council for Trade in Services Original:  English
SCHEDULE OF COMMITMENTS IN BASIC TELECOMMUNICATIONS
Certification
UGANDA
The attached draft Schedule of Commitments in Basic Telecommunications has been
communicated to the WTO by the Government of Uganda with a request to initiate the appropriateprocedures for it to be added to, and constitute an integral part of, Uganda's Schedule of Specific
Commitments under the General Agreement on Trade in Services (GATS/SC/89).
Accordingly, if no objections are communicated to the Secretariat within 90 days from the
date of this communication the attached Schedule of Commitments in Basic Telecommunications willbe deemed to constitute an integral part of the Schedule of Specific Commitments of Uganda under
the GATS.
This draft Schedule will be submitted to the Council for Trade in Services for its
consideration at its next meeting. WORLD TRADE
ORGANIZATION
(97-0000)
Council for Trade in Services Original:  English
UGANDA
Schedule of Specific Commitments
Supplement 1
(This is authentic in English only)
_______________S/C/W/53
Page 4 UGANDA - SCHEDULE OF SPECIFIC COMMITMENTS IN BASIC TELECOMMUNICATIONS
Modes of supply:        (1)    Cross-border supply     (2)    Consumption abroad       (3)    Commercial presence      (4)    P resence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments
2.C. Telecommunications Services*
Facilities based public-switched
telecommunication services on fixednetwork infrastructure:Uganda undertakes the obligations
contained in the reference paperattached hereto.
(a) Basic voice services except over
value-added networks like Internet
(b) Packet-switched data(c) Circuit-switched data(d) Telex services(f) Facsimile services(g) Private leased circuit services
*Excludes video and audio broadcast
services(1) International traffic only carried through
networks of the duopoly major licence holders.
(2) None(3) Existing monopoly anticipated not to go beyond
December 1998. Thereafter, Uganda TelecomLimited (UTL) and Second National Operator(SNO)
1 duopoly exclusivity, subject to Uganda
Government review after 2003. No limitations onforeign investment except that neither UTL norits affiliates shall hold ownership in the SNO orits affiliates and neither SNO or its affiliatesshall hold ownership in the UTL or its affiliates.Company must be registered in Uganda. Bulksale of capacity allowed only to other major orminor licence holders.(1) None
(2) None
(3) NoneThe interpretation of "Major
licence" and "Minor licence" are asby the definitions given by theUganda Communications Act1997.
2
                                                     
1"SNO" means the first public operator other than UTL issued with a major licence.
2i.e. Major licence includes a licence for the provision of local, long distance or international telephone services, trunk capa city resale, rural telecommunications, store and
forward messaging, cellular or mobile services and;  minor licence includes all other licences not being major licences.S/C/W/53
Page 4S/C/W/53
Page 5Modes of supply:        (1)    Cross-border supply     (2)    Consumption abroad       (3)    Commercial presence      (4)    P resence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments
(4) Unbound except for technical personnel
except where Ugandans are or becomeavailable.  Entry and temporary stay offoreign service suppliers subject tocompliance with laws, regulations andguidelines in force in Uganda.(4) Unbound except for technical
personnel stipulated under marketaccess.
Private voice & data for closed user groups
(group of people with stable common andlong-term economic interest)(1) None, except where provider is a commercial
minor licence operator, the first cross-borderaccess alternative should be through theduopoly major licence holder.
(2) None(3) Resale of excess capacity not allowed.
Company must be registered in Uganda.
(4) Unbound except for technical personnel
except where Ugandans are or becomeavailable.  Entry and temporary stay offoreign service suppliers subject tocompliance with laws, regulations andguidelines in force in Uganda.(1) None
(2) None
(3) None
(4) Unbound except for technical
personnel stipulated under marketaccess.S/C/W/53
Page 6Modes of supply:        (1)    Cross-border supply     (2)    Consumption abroad       (3)    Commercial presence      (4)    P resence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments
(o) Other
- Mobile cellular voice
and data(1) Roaming is allowed but cross-border access
permitted only via network of duopoly majorlicence operator.
(2) None(3) One operator existing. Up to 2003 a
maximum of (two) 2 more operators to havecellular mobile licences as a service withinmajor licence. Company must be registeredin Uganda
(4) Unbound except for technical personnel
except where Ugandans are or becomeavailable.  Entry and temporary stay offoreign service suppliers subject tocompliance with laws, regulations andguidelines in force in Uganda.(1) None
(2) None
(3) None
(4) Unbound except for technical
personnel stipulated under marketaccess.
- Data services  TCP/IP
(Internet)(1) None
(2) None(3) Company must be registered in Uganda(4) Unbound(1) None
(2) None(3) None(4) UnboundS/C/W/53
Page 6S/C/W/53
Page 7Modes of supply:        (1)    Cross-border supply     (2)    Consumption abroad       (3)    Commercial presence      (4)    P resence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments
- Paging services (1) Cross border permitted only via major
licence operator.
(2) None(3) Company must be registered in Uganda(4) Unbound(1) None
(2) None
(3) None(4) Unbound
- Private mobile radio- Trunked mobile radio(1) Cross-border supply only via a duopoly
major licence operator
(2) None(3) Company must be registered in Uganda(4) Unbound except for technical personnel
except where Ugandans are or becomeavailable.  Entry and temporary stay offoreign service suppliers subject tocompliance with laws, regulations andguidelines in force in Uganda.(1) None
(2) None
(3) None(4) Unbound except for technical
personnel stipulated under marketaccess.
Global mobile personal communications by
satellite operations (1) None apart from arrangements under
GMPCS-MoU.
(2) None(3) Company must be registered in Uganda(4) Unbound(1) None
(2) None
(3) None(4) UnboundREFERENCE PAPER
Scope
The following are definitions and principles on the regulatory framework for the basic
telecommunications services.
Definitions
Users mean service consumers and service suppliers.
Essential facilities mean facilities of a public telecommunications transport network or service
that:
(a) Are exclusively or predominantly provided by a single or limited number of
suppliers;  and
(b) cannot feasibly be economically or technically substituted in order to provide a
service.
A major supplier is a supplier which has the ability to materially affect the terms of
participation (having regard to price and supply) in the relevant market for basic telecommunications
services as a result of:
(a) Control over essential facilities;  or(b) use of its position in the market.
1. Competitive safeguards
1.1 Prevention of anti-competitive practices in telecommunications
Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone
or together, are a major supplier from engaging in or continuing anti-competitive practices.
1.2 Safeguards
The anti-competitive practices referred to above shall include in particular:
(a) Engaging in anti-competitive cross-subsidization;
(b) using information obtained from competitors with anti-competitive results;  and(c) not making available to other services suppliers on a timely basis technical
information about essential facilities and commercially relevant information which
are necessary for them to provide services.S/C/W/53
Page 82. Interconnection
2.1 This section applies to linking with suppliers providing public telecommunications transport
networks or services in order to allow the users of one supplier to communicate with users of another
supplier and to access services provided by another supplier, where specific commitments are
undertaken.
2.2 Interconnection to be ensured
Interconnection with a major supplier will be ensured at any technically feasible point in the
network.  Such interconnection is provided:
(a) Under non-discriminatory terms, conditions (including technical standards and
specifications) and rates and of a quality no less favourable than that provided for its
own like services or for like services of non-affiliated service suppliers or for itssubsidiaries or other affiliates;
(b) in a timely fashion, on terms, conditions (including technical standards and
specifications) and cost-oriented rates that are transparent, reasonable, having regard
to economic feasibility, and sufficiently unbundled so that the supplier need not payfor network components or facilities that it does not require for the service to be
provided;  and
(c) upon request, at points in addition to the network termination points offered to the
majority of users, subject to charges that reflect the cost of construction of necessaryadditional facilities.
2.3 Public availability of the procedures for interconnection negotiations
The procedures applicable for interconnection to a major supplier will be made publicly
available.
2.4 Transparency of interconnection arrangements
It is ensured that a major supplier will make publicly available either its interconnection
agreements or a reference interconnection offer.
2.5 Interconnection:  dispute settlement
A service supplier requesting interconnection with a major supplier will have recourse, either:(a) At any time;  or(b) after a reasonable period of time which has been made publicly known
to an independent domestic body, which may be a regulatory body as referred to in paragraph 5
below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection withina reasonable period of time, to the extent that these have not been established previously.
3. Universal service
Any Member has the right to define the kind of universal service obligation it wishes to
maintain.  Such obligations will not be regarded as anti-competitive per se , provided they areS/C/W/53
Page 9administered in a transparent, non-discriminatory and competitively neutral manner and are not more
burdensome than necessary for the kind of universal service defined by the Member.
4. Public availability of licensing criteria
Where a licence is required, the following will be made publicly available:
(a) All the licensing criteria and the period of time normally required to reach a decision
concerning an application for a licence;  and
(b) the terms and conditions of  individual licences.The reasons for the denial of a licence will be made known to the applicant upon request.
5. Independent regulators
The regulatory body is separate from, and not accountable to, any supplier of basic
telecommunications services. The decisions of and the procedures used by regulators shall be
impartial with respect to all market participants.
6. Allocation and use of scarce resources
Any procedures for the allocation and use of scarce resources, including frequencies, numbers
and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory
manner. The current state of allocated frequency bands will be made publicly available, but detailedidentification of frequencies allocated for specific government uses is not required.
__________S/C/W/53
Page 10