RESTRICTED  WORLD TRADE  
ORGANIZATION  S/C/W/257 
30 May 2005 
 (05-2193) 
Council for Trade in Services Original:   Spanish 
  
 
 
CERTIFICATION 
 
Schedule of Commitments on Basic Telecommunications
 
 
Honduras  
 
  The attached Schedule of Commitments on Basic Telecommunications has been submitted to the WTO Secretariat by the Government of Honduras with a request to initiate its certification in 
accordance with the "Procedures for the Certification of Rectifications or Improvements to Schedules 
of Specific Commitments" adopted by the Counc il for Trade in Services (document S/L/84).  
  Honduras draws Members' attention to th e fact that the commitments on basic 
telecommunications subject to this certification proce dure were included in its initial offer, circulated 
on 31 March 2005 as document TN/S/O/HND.  Hondur as considers that, by opening its domestic 
market to foreign enterprises, it is undertaking comm itments in a key and decisive sector in terms of 
the development of its economy.  Accordingly, in its capacity as a "liberalizing Member", Honduras will seek credit in the ongoing negotiations and th erefore bind this certification as an autonomous 
liberalization measure, in accordance with the ag reed criteria for assessing the value of such 
measures, specifically paragraph 4(i) of doc ument TN/S/6, "Modalities for the Treatment of 
Autonomous Liberalization", a dopted on 3 March 2003.  
  If no objections are communicated to the Secretar iat within 45 days of the date of this 
submission, this certification procedure shall be co nsidered concluded and the attached Schedule of 
Commitments on Basic Telecommunications shall enter into force and be deemed to constitute an 
integral part of the Schedule of Specific Co mmitments of Honduras under the GATS (document 
GATS/SC/38). 
 
_______________ 
 
  
 S/C/W/257 
Page 2 HONDURAS - SCHEDULE OF SPECIFIC COMMITMENTS 
 
Modes of supply (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
2. COMMUNICATION 
SERVICES 
C. Telecommunication 
services  
  All subsectors  
 
(1) (2) (3) Foreign governments may not 
participate directly in the supply of 
public telecommunication services. 
 
(3) With the exception of the State of 
Honduras, no operator or any of its partners with at least a 10 per cent 
share or any affiliated company, 
subsidiary or individual belonging to the same economic gr oup as the above 
may hold either a direct or an indirect 
share of more than 10 per cent of the capital of a compan y authorized to 
supply the aforementioned services.   
Data-transmission services are exempt 
from this measure. 
  
(1) (2) (3) The practice of call-back using 
telephone services supplied within the 
national territory but which systematically originate from outside 
the country as a direct result of 
incomplete international calls from within the national territory is 
forbidden. 
  
 (1) (2) (3) To request the relevant authorization, 
foreign companies must establish 
domicile in Honduras and appoint a legal representative who is also 
domiciled in the country. 
  
 
Honduras adopts the 
obligations contained in 
the Reference Paper annexed to this Initial 
Offer. 
  
  S/C/W/257
 Page 3Modes of supply (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
(a)  Local and domestic long-
distance telephone 
services 
 (1) Unbound 
 
(2) None 
 
(3) The Honduran Telecommunications Company 
(HONDUTEL) has exclus ive rights for the 
supply of these services until 25 December 
2005.  Prior to this date, third parties may only supply these services under commercial 
contracts with HONDUTEL, acting as sub-
operators.  After this date:  None. 
 
(4)  Unbound, except as indicated in the horizontal 
section.  
 (1) Unbound 
 
(2) None 
 
(3) None 
 
 
  
 
 
 
(4) Unbound, except as indicated in the horizontal 
section.  
  
(a) International telephone 
services (1) The management and establishment of 
international long-distance calls will be 
handled exclusively through the HONDUTEL infrastructure until 25 December 2005.  After 
this date, management and routing will be 
open to companies authorized by the relevant 
authority. 
 (2)  None 
 
(3)  HONDUTEL has exclusive rights for the 
management and routing of international long-
distance calls until 25 December 2005.  After 
this date:  None. 
 
(4) Unbound, except as indicated in the horizontal 
section. 
 (1) Unbound 
 
  
 
 
 
 
(2) None 
 (3) None 
 
  
 
(4) Unbound, except as indicated in the horizontal 
section.   
 S/C/W/257 
Page 4 Modes of supply (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
(a) Public telephone services 
 (1) Unbound 
 
(2) None    
 
(3) HONDUTEL has exclusive rights for the 
supply of these services and the management and routing of international long-distance 
calls until 25 December 2005.  Prior to this 
date, third parties may only supply public telephone services under commercial 
contracts with HONDUTEL, acting as sub-
operators.  After this date:  None. 
 
(4) Unbound, except as indicated in the 
horizontal section. (1) Unbound 
 
(2) None 
 
(3) None 
  
 
  
 
 
 
(4) Unbound, except as indicated in the horizontal 
section.  
(b) and (c)  Data-transmission 
services (1) Unbound 
 (2) None  
 
(3) None  
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) Unbound 
 (2) None 
 
(3) None  
(4) Unbound, except as indicated in the 
horizontal section. 
   
  S/C/W/257
 Page 5Modes of supply (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
(d) and (e) Telex and 
telegraph (1) Unbound 
 
(2) None   
(3) HONDUTEL has exclusive rights for the 
supply of these services until 25 December 2005. Prior to this date, third parties may 
only supply telex and telegraph services 
under commercial contracts with HONDUTEL, acting as sub-operators. After 
this date: None. 
 (4) Unbound, except as indicated in the 
horizontal section. 
 (1) Unbound 
 
(2) None  
(3) None 
  
 
  
 
 (4) Unbound, except as indicated in the 
horizontal section. 
  
(g)  Leased circuit services 
(carrier services1) (1) Unbound  
 
(2) None 
 (3) HONDUTEL has exclusive rights for the 
supply of these services until 25 December 
2005.  Prior to this date, third parties may only supply local and domestic leased circuit 
services under commerc ial contracts with 
HONDUTEL, acting as sub-operators.  After this date:  None. 
 
(4) Unbound, except as indicated in the 
horizontal section. (1) Unbound 
 
(2) None 
 (3) None 
 
  
 
  
 
(4) Unbound, except as indicated in the 
horizontal section. 
  
                                                      
1 Carrier services are services that provid e only the capacity needed to  transmit telecommunication si gnals between two or more defined points in the 
telecommunications network.   
 S/C/W/257 
Page 6 Modes of supply (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
Other: 
 
Mobile telephone services:2 
- Cellular mobile telephone 
services 
- Personal communications 
services (PCS)  
 (1) Unbound 
 
(2) None  
(3) No operator or any of its partners with a 10 
per cent share or any affiliated company, subsidiary or individual belonging to the 
same economic group as the above may 
participate under agreem ents of any kind in 
the administration of a company authorized 
to supply mobile telephone services in 
Honduras.     
 
 New mobile telephone operators will not be 
authorized to begin operating before December 2005. 
  
 The management and establishment of 
international long-distance calls will be 
handled exclusively through the 
HONDUTEL infrastructure until 25 
December 2005.  After this date:  None. 
 (4) Unbound, except as indicated in the 
horizontal section. 
 (1) Unbound 
 
(2) None  
(3) None 
  
 
  
 
  
 
  
 
  
 
 
 
 (4) Unbound, except as indicated in the 
horizontal section.  
                                                      
2 Does not include Global Mobile Pers onal Communications Service (GMPCS).  S/C/W/257 
 Page 7 
 
 
 ANNEX  
 
REFERENCE PAPER  
  
Scope
 
  The following are definitions and principl es on the regulatory framework for 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 prov ided by a single or limited number of 
suppliers;  and 
  (b) cannot feasibly be economically or tec hnically 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 comp etitors with anti-competitive results;  and 
  (c) not making available to other services suppliers on a timely basis technical 
information about essential facilities and comm ercially relevant information which 
are necessary for them to provide services. 
 S/C/W/257 
Page 8  
 
 2. Interconnection
 
 2.1 This section applies to linking with supplie rs 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 anot her supplier, where specific commitments are 
undertaken. 
 2.2 Interconnection to be ensured
 
  Interconnection with a major supplier shall be en sured at any technically feasible point in the 
network.  Such interconn ection shall be provided: 
  (a) Under non-discriminatory terms, cond itions (including technical standards and 
specifications) and rates and of a quality no l ess favourable than that provided for its 
own like services or for like services of non-affiliated service suppliers or for its 
subsidiaries or other affiliates; 
  (b) in a timely fashion, on terms, c onditions (including technical standards and 
specifications) and cost-oriented rates that ar e transparent, reasonable, having regard 
to economic feasibility, and sufficiently unbundl ed so that the supplier need not pay 
for network components or facilities that it does not require for the service to be 
provided;  and 
  (c) upon request, at points in addition to th e network termination points offered to the 
majority of users, subject to charges that reflect the cost of construction of necessary additional facilities. 
 
2.3 Public availability of the pro cedures for interconnection negotiations
 
  The procedures applicable for interconnection to a major supplier shall be made publicly 
available.  
2.4 Transparency of interconnection arrangements
 
  A major supplier shall make either its interconne ction agreements or a reference interconnection 
offer publicly available.  
2.5 Interconnection:  dispute settlement
 
  A service supplier requesting interconnection with a major supplier shall 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 te rms, conditions and rates for interconnection within 
a reasonable period of time, to the extent th at these have not been established previously. 
  S/C/W/257 
 Page 9 
 
 
 3. Universal service  
  Any Member has the right to define the ki nd of universal service obligation it wishes to 
maintain.  Such obligations shall not be regarded as anti-competitive per se , provided that they are 
administered in a transparent, non-discriminator y 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 shall 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 shall 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 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 s carce resources, including frequencies, numbers 
and rights of way, shall be carried out in an objective, timely, transparent and non-discriminatory 
manner.  The current state of allocated frequency ba nds shall be made publicly available, but detailed 
identification of frequencies allocated for specific government uses is not required. 
 
 
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