Japanese Site
Telecommunications
Guidelines for Promotion of Competition in the Telecommunications Business Field (Draft)


(Unofficial Translation, second edition)
(Only the text written by Japanese language is authentic.)


September 2001


Fair Trade Commission
and
Ministry of Public Management, Home Affairs, Posts and Telecommunications


Guidelines for Promotion of Competition in the Telecommunications Business Field
(Draft)

Table of Contents

I. Guidelines for promotion of competition in the telecommunications business field -necessity and framework
1. Necessity of Guidelines
2. The framework of the Guidelines and basic principles
II. Practices constituting problems under the Antimonopoly Act or the Telecommunications Business Law (TBL)
1. Section pertaining to interconnection and sharing of telecommunications facilities
1) Interpretation of the Antimonopoly Act
2) Overview of the system for interconnection in TBL
(1) System for interconnection of telecommunications facilities
A. Interconnection duties of Type I telecommunications carriers
B. Designated telecommunications facilities system
C. Agreements on interconnection
(2) System for the sharing of telecommunications facilities
(3) Order on interconnection and sharing of telecommunications facilities
3) Practices constituting problems under the Antimonopoly Act or TBL
(1) Practices constituting problems under the Antimonopoly Act
A. Practices involving interconnection to subscriber lines
B. Practices concerning colocation
C. Practices concerning the utilization of the information on companies competing with itself or their customers obtained at the time of interconnection or related occasions
(2) Practices constituting problems under TBL
A. Practices that are subject to order to improve business activities
B. Circumstances that are subject to order to apply for authorization to amend articles of interconnection agreement
C. Circumstances that are subject to order to amend articles of interconnection agreement
D. Prohibited practices conducted by dominant carriers
2. Section pertaining to the Leasing of Poles, Ducts, Conduits, and related facilities
1) Interpretation of the Antimonopoly Act
2) Overview of the system for authorization and arbitration concerning rights of way in TBL
3) Practices constituting problems under the Antimonopoly Act or TBL
(1) Practices constituting problems under the Antimonopoly Act
A. Practices concerning leases of poles, ducts, conduits and other related facilities
B. Practices concerning tying leases of poles, ducts, conduits, and other related facilities to other services
C. Practices concerning the utilization of information on companies competing itself or their customers obtained at the time of the lease of poles, ducts, conduits, and other related facilities
D. Practices concerning bundling cables
(2) Practices constituting problems under TBL
A. Refusal to lease without a justifiable reason
B. Leasing on proposed conditions that are not proper
3. Section pertaining to the provision of telecommunications services
1) Interpretation of the Antimonopoly Act
2) Overview of charge system, tariff system etc. under TBL
(1) Charge system
(2) Tariff system
(3) System for wholesale telecommunications services
3) Practices constituting problems under the Antimonopoly Act or TBL
(1) Practices concerning establishment of telecommunications service charge, etc.
A. Practices constituting problems under the Antimonopoly Act
B. Practices constituting problems under TBL
(2) Practices concerning provision of bundled services
A. Practices constituting problems under the Antimonopoly Act
B. Practices constituting problems under TBL
(3) Practices concerning obstruction of transactions between competing telecommunications carriers and their customers
A. Practices constituting problems under the Antimonopoly Act
B. Practices constituting problems under TBL
(4) Practices concerning trust and consignment of business to affiliates
A. Practices constituting problems under the Antimonopoly Act
B. Practices constituting problems under TBL
(5) Practices related to establishing tariffs
A. Practices constituting problems under TBL
(6) Practices concerning establishing of wholesale telecommunications service charges, etc.
A. Practices constituting problems under the Antimonopoly Act
B. Practices constituting problems under TBL
4. Section pertaining to provision of on-line content
1) Interpretation of the Antimonopoly Act
2) Practices prohibited under TBL, order to suspend / change practices, etc.
3) Practices constituting problems under the Antimonopoly Act or TBL
5. Section pertaining to provision of on-line content
1) Interpretation of the Antimonopoly Act
2) Practices prohibited under TBL, order to suspend / change practices, etc.
3) Practices constituting problems under the Antimonopoly Act or TBL
Reprise:Asymmetric regulations for dominant carriers (prohibited practices)
1) Overview of the system
2) Practices constituting problems under TBL
III. Desirable Practices of Telecommunications Carriers in View of Promoting Further Competition
1) Prevention of unauthorized passage of information between sections responsible for interconnection and other internal sections and affiliated carriers
2) Disclosure of information and ensuring the uniformity of conditions concerning interconnection and colocation
3) Disclosure of information pertaining to subscriber line networks
4) Leasing of poles, ducts, etc.
(1) Prevention of unauthorized passage of information between sections responsible for leasing poles, ducts, etc. and other internal sections and affiliated carriers
(2) Public disclosure of lease application procedures for poles, ducts, etc.
(3) Public disclosure of leasing status
5) Stimulation of wholesale telecommunications services market
6) Compiling a manual for preventing violations of laws
IV. System for Responding to Reporting, Consultations, and Submission of Opinions
1. Reporting or consultations of violations, submission of complaints or other views concerning promotion of competition
2. Collaboration between FTC and MPHPT