CHINA: FIVE REASONS FOR NO TELECOM

UNCLAS SECTION 01 OF 03 BEIJING 006374 SIPDIS State for EAP/CM - JYamamoto and PSecor USDOC for DAS Estrada and DAS Kassof USDOC for MAC and 6920/ITA/MAS/MFG/EDWARDS STATE PASS USTR USTR FOR STRATFORD/WINTER/MCHALE/WINELAND/MAIN TREASURY FOR OFFICE OF INTERNATIONAL INVESTMENT TREASURY FOR OASIA/ISA - DOHNER AND KOEPKE GENEVA PASS USTR SENSITIVE SIPDIS E.O. 12958: N/A TAGS: ETRD EINV ECPS PGOV ASEC WTRO CH SUBJECT: CHINA: FIVE REASONS FOR NO TELECOM LIBERALIZATION Ref: 06 Beijing 22500 THIS REPORT IS SENSITIVE BUT UNCLASSIFIED. PLEASE HANDLE ACCORDINGLY. ¶1. (SBU) Summary. On September 13, Deputy Assistant United States Trade Representative (DAUSTR) for Telecommunications and Electronic Commerce Policy Jonathan McHale, accompanied by Econoffs, met with Chinese Ministry of Commerce (MOFCOM) Director General of WTO Affairs Wang Zhen to discuss JCCT and WTO telecom issues. After offering a number of theories and reasons why there has been no visible telecom liberalization in China since accession to the World Trade Organization (WTO) in 2001, DG Wang admitted that he had no mandate to make any new liberalizing offers in bilateral talks in Geneva. He suggested, however, that China might be more flexible on the issue were the United States to make a "generous offer" on China's three main WTO interests: maritime transport, space transport, and Mode Four. End Summary. No Liberalization Since 2001 WTO Accession -------------- ¶2. (SBU) On September 13, Deputy Assistant United States Trade Representative (DAUSTR) for Telecommunications and Electronic Commerce Policy Jonathan McHale, accompanied by Econoffs, met with Chinese Ministry of Commerce (MOFCOM) Director General of WTO Affairs Wang Zhen to discuss JCCT and WTO telecom issues. McHale proposed that the meeting agenda focus on two issues: first, China's progress on reducing the telecommunications capitalization requirement and provisions on value-added services under the Joint Commission on Commerce and Trade (JCCT); and, second, whether China would submit a liberalization offer, including the reduction or elimination of equity limits for foreign ownership of telecom service providers in China, at WTO negotiations in Geneva the week of September 24. In addition, McHale reminded Wang that there has not been a single new entrant into China's telecom market - and therefore no apparent liberalization impact - since China's accession to the WTO in 2001. 
¶3. (SBU) Wang's first response was to question the purpose of McHale's visit, pointing out that the bilateral WTO consultations were only two weeks away, and that any discussion at MOFCOM would not differ from the Chinese message delivered in Geneva. Wang then said that, since China in 2001 was granted a six- year transition period for the gradual phase-in of telecom liberalization, no new liberalization requirements would be established until the end of ¶2007. Wang added that China's WTO commitments in telecoms are different from those of other countries, and even tougher than those of some developed countries. Finally, he said China must act "prudently" on this issue, and will continue to allow its experts to analyze potential impacts of liberalization. China's Five Reasons for no Telecom Liberalization -------------- -------------- ¶4. (SBU) Wang continued by delivering a series of reasons why China's current telecom market is satisfactory, and why liberalization will be difficult. First, he asserted that no foreign operator has BEIJING 00006374 002 OF 003 approached MOFCOM to indicate their interest in entering the Chinese telecom market. As such, he described liberalization as "a chicken-and-egg problem" in which a liberalized market requires new market entrants, but new entrants aren't interested until the market has been liberalized. He wondered "why don't they just come and talk to us?" Second, he ascribed the dearth of foreign competitors in China to the "telecom industry recession" earlier this decade, describing foreign companies as unwilling to risk the "huge investment" for "uncertain returns" that China market entry requires. ¶5. (SBU) Third, Wang continued that, given the development aspect of the Doha Round, China has the right to determine the pace and scope of opening up this sector. He added that even the United States, with its very open market, maintains a 20 percent foreign equity limit in telecoms. He said that China is technologically underdeveloped, and has no experience with convergent technologies (voice, video, data). Fourth, he said that China has national security concerns when it comes to liberalizing telecoms. And finally, fifth, Wang asserted that capitalization requirements are an issue of domestic regulation and should not be included in the JCCT. ¶6. (SBU) DAUSTR McHale responded to each of Wang's arguments in turn. He said that the lack of foreign companies in China's telecom market was unrelated to an industry recession, and that if there were some way for foreign companies to enter the market, including through talks with MOFCOM, then they would already be there. To Wang's point on foreign equity limits in the United States, McHale explained that foreign companies enjoy meaningful market participation through wholly-owned subsidiaries in the United States, and that United States industry would be very happy with a similar solution in China. McHale continued that China's telecom infrastructure is not underdeveloped and that China Telecom and China Mobile are the world's largest fixed and wireless operators, and China's broadband market is also the biggest in the world. Finally, McHale pointed out that security concerns are mutual, but that both China Telecom and China Netcom both operate in the United States. China's Three Asks for U.S. WTO Liberalization -------------- - ¶7. (SBU) In response to McHale's arguments in favor of China's increased telecom liberalization, Wang suggested that the United States should address some of China's priority WTO requests. He said these include commitments on maritime transport, satellites and space transport, and Mode Four (cross-border movement of persons),which Wang added is one of China's utmost priorities. McHale suggested that China make a conditional telecom liberalization proposal that includes these requests, and emphasized the importance of China identifying its long-term telecom liberalization plan. Telecom Liberalization a "Red Light" for China -------------- - ¶8. (SBU) In response to DAUSTR McHale's repeated requests to outline China's long-term liberalization plan for the telecom industry, DG Wang finally said that China's long-term plan is to conduct further in- depth research before any decisions are made. Wang BEIJING 00006374 003 OF 003 said "China finds this to be a most difficult area." China, Wang said, already has many WTO commitments to fulfill without making new ones, and as such telecom liberalization is currently a "red light" for China. Wang added that "our message is clear" on this matter: he has no mandate to offer anything new in the WTO services negotiations in Geneva. (Note: Wang's position tracked with statements made by Ministry of Information Industry officials in a separate meeting on September 14 (septel). End Note.) In closing, however, Wang did suggest that China's position might be less firm if the United States were to make "a generous offer" on the issues of priority interest to China: maritime transport, space transport, and Mode Four. ¶9. (SBU) Comment. The position MOFCOM WTO Affairs DG Wang articulated against telecom liberalization is a reiteration of arguments that the Ministry of Information Industry (MII) consistently makes against liberalization in both the WTO and the JCCT fora. The capitalization requirement was discussed at the August 2006 JCCT Telecommunications Dialogue meeting in Beijing (reftel) and the Chinese side used nearly identical talking points. Since MII does not have the regulatory authority (or likely the interest) to offer any type of trade-off for items not under their purview, such as maritime transport, space transport, and Mode Four, it is possible that MOFCOM DG Wang was delivering a message on the behalf of other Chinese Government ministries. However, it is unclear whether he proposed to make such a trade-off because he knows these are areas in which it would be difficult for the United States to make concessions, or because he was serious about there being some flexibility in China's telecom liberalization position. End Comment.