Section 1377 of the Omnibus Trade and Competitiveness Act of 1988 requires USTR to review by March 31 of each year the operation and effectiveness of U.S. telecommunications trade agreements.

The purpose of the review is to determine whether any act, policy, or practice of a foreign country that has entered into a telecommunications-related agreement with the United States is not in compliance with the terms of the agreement, or otherwise denies, within the context of the agreement, to telecommunications products and services of U.S. firms mutually advantageous market opportunities in that country.

Each year, USTR invites interested persons to submit written comments through the Federal Register to assist it and the Trade Policy Sub-Committee in identifying significant barriers to U.S. exports of goods and services, U.S. foreign direct investment, and the protection and enforcement of intellectual property rights for inclusion in the NTE Report. As part of this NTE public comment process, USTR also considers responses to that notice as part of the annual review of the operation and effectiveness of all U.S. trade agreements regarding telecommunications products and services that are in force with respect to the United States.