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P ROSPECTS FOR THE TELECOMMUNICATION SECTOR UNDER SAFTA 175<br />

for supply by wireless local loop of basic voice<br />

telephony, data transmission, payphones, voice<br />

mail and facsimile; the two licensees are<br />

guaranteed exclusivity for five years.<br />

– Commits to five licenses for public payphones<br />

services and for paging services licenses with<br />

possible additional suppliers of each to<br />

permitted subject to economic needs tests.<br />

– For all suppliers other than SLT, foreign equity<br />

permitted up to 40% with investments over<br />

40% subject to case-by-case approval.<br />

• For circuit switched data transmission services<br />

• For facsimile services<br />

• For private leased circuit services: Commits to six<br />

operators of data communication services. For<br />

GMPCS services supplied through own gateways,<br />

indicates that issuance of licenses is under<br />

consideration.<br />

• For cellular mobile telephony:<br />

– Commits to four operators of cellular mobile<br />

services<br />

– For all suppliers other than SLT, foreign equity<br />

permitted up to 40% with investments over<br />

40% subject to case-by-case approval.<br />

• Has filed for MFN exemptions with regard to<br />

accounting rates to permit the Government or the<br />

Government-run operator to apply differential<br />

measures, such as accounting rates, in bilateral<br />

agreements with other operators or countries.<br />

• Additional commitments taken are as follows:<br />

– Sri Lanka has committed to the reference paper<br />

on regulatory principles.<br />

Sri Lanka has not submitted an offer to the WTO<br />

or at least it is not available in the public domain. The<br />

gap between the applicable regime and commitments<br />

for Sri Lanka are wide and there has been considerable<br />

criticism of this disparity. For example, it has been<br />

stated that it is unlikely that the level of commitments<br />

made by the government of Sri Lanka (GoSL) would<br />

be accepted by the parties to the GATS today. 10 But<br />

they were accepted, and there is no specific overt<br />

pressure on GoSL to improve its commitments at this<br />

time. Such pressure may arise either when the Doha<br />

Process gets restarted or within the context of bilateral<br />

or plurilateral trade negotiations, especially with<br />

countries that have significantly liberalised their telecom<br />

sectors and are home to regional investors. One reason<br />

GoSL would consider making concessions in telecom<br />

services is to gain concessions in a different sector such<br />

apparel exports. This was the primary objective of<br />

GoSL in the tentative negotiations with the USA on an<br />

FTA in 2003. 11<br />

Nepal<br />

Despite a very politically volatile situation in Nepal,<br />

the telecom sector saw a good growth rate. On the fixed<br />

service front the quarter ending July ’07 more than<br />

57,00 new lines were added, most lines being catered<br />

by CDMA network, viz., fixed wireless and limited<br />

mobility. The overall growth rate in six months was<br />

20.31%. The fixed line penetration is still low at 2.73%.<br />

The gap between fixed line penetration and mobile<br />

penetration is still getting wider with mobile penetration<br />

jumping to 5.67%.<br />

There are two fixed line service providers NDCL<br />

and UTL and their market share is 88% and 12%, respectively.<br />

NDCL is providing service in all the districts<br />

of Nepal through wire-line as well as wireless service.<br />

Both operators have obtained license to operate limited<br />

mobility service in addition to their fixed service license.<br />

Mobile services saw growth of over 50% in last<br />

six months in terms of net subscriber addition. Nepal<br />

Telecom has introduced 3G mobile services since 17<br />

May 2007. Rural service was expanded in Nepal under<br />

the fifth phase telecom project, through Japanese (JICA)<br />

and IDA (World Bank) fund. Country’s seventy-five<br />

district centres have automatic telecommunications<br />

service, including STD and ISD. On the Internet services<br />

front, even with more than thirty ISPs currently operating,<br />

this sector has not shown any noticeable performance.<br />

Growth of Internet subscribers in the quarterending<br />

July was just 62,586 and the growth in six<br />

months ending July 2007 was at 25%. Out of the fortytwo<br />

licensed ISPs, thirty-two are currently operating.<br />

The subscriber base of incumbent NDCL has<br />

reached 8,68,046 whereas that of Spice Nepal is<br />

7,02,975 hence a total of 15,71,021 subscribers. The<br />

number of postpaid subscribers has gone down by<br />

1644. NDCL distributed 2,629 new lines in the last<br />

quarter whereas SNPL distributed 2,12,260 lines in the<br />

same period. SNPL now holds 44.75% of the market<br />

share, 8.75% more than the previous quarter whereas<br />

that of NDCL continued to decrease in this quarter as<br />

well, going down to 55.25%. The mobile customer base<br />

10<br />

See Samarajiva, Rohan (2007) Sri Lanka’s telecommunications commitments under GATS: Assessment and issues for the<br />

future, LIRNEasia, www.lirneasia.net<br />

11<br />

Ibid.

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