June 30, 2020 Arbitration on Application for Ruling Filed by Japan Communications Inc. pursuant to Article 35, Paragraph 3 of the Telecommunications Business Act, as Applied Mutatis Mutandis pursuant to Article 39

Provision of Wholesale Telecommunications Services to Japan Communication Inc. from NTT Docomo, Inc.

  The Ministry of Internal Affairs and Communications (MIC) has today made arbitration on an application for ruling filed by Japan Communications Inc. based on the provisions of Article 35, Paragraph 3 of the Telecommunications Business Act (Act No. 86 of 1984) to be applied mutatis mutandis pursuant to Article 39 of the Act.
The arbitration was made to set an amount that does not exceed the amount of the appropriate cost plus the appropriate profit under efficient management for the charges of wholesale telecommunications services related to voice call services provided by NTT Docomo, Inc. to Japan Communications Inc.

1. Background

On November 15, 2019, Japan Communications Inc. (hereafter referred to as “Japan Communications”) applied for arbitration to the Minister for Internal Affairs and Communications in accordance with the provisions of Article 35, Paragraph 3 of the Telecommunications Business Act (Act No. 86 of 1984) to be applied mutatis mutandis pursuant to Article 39 of the Act Article 35, Paragraph 3 of the same law applied mutatis mutandis to Article 39 of the Act concerning the charges of wholesale telecommunications services related to voice calls provided by NTT Docomo, Inc. (hereafter referred to as “NTT Docomo”) after their failure in reaching an agreement.
Regarding this application, MIC made an inquiry about the ruling to the Telecommunications Dispute Resolution Committee pursuant to the provisions of Article 160, item (i) of the Act on February 4, 2020, and received a report from the Committee on June 12.
With consideration of the report, MIC interviewed Nippon Communications and NTT Docomo and made the arbitration with partial revisions.

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    The published material is in Japanese only.

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