February 12, 2021 Result of Appeal for Opinions on Draft Ministerial Ordinances, etc. for the Act Partially Amending the Telecommunications Business Act and the Act on Nippon Telegraph and Telephone Corporation, Etc. (Act No. 30 of 2020) and Report from Information and Communications and Posts Administrative Council

Concerning the enforcement of the Act Partially Amending the Telecommunications Business Act and the Act on Nippon Telegraph and Telephone Corporation, etc. (Act No. 30 of 2020), which was promulgated on May 22, 2020, the Ministry of Internal Affairs and Communications (MIC) drafted Ministerial Ordinances, etc. for the Act Partially Amending the Telecommunications Business Act and the Act on Nippon Telegraph and Telephone Corporation, Etc. Accordingly, MIC made an appeal for opinions on the drafts.
In this connection, MIC has today received a report from the Information and Communications and Posts Administrative Council on the matters to be consulted (Inquiry No. 3133 on December 2, 2020). Accordingly, MIC has decided to open the report to the public, along with opinions submitted and the Council’s views and MIC’s views on the opinions.
Considering the result of the appeal for opinions and this report, MIC will promptly establish the ministerial ordinances, etc., including the Regulations for Enforcement of the Telecommunications Business Act (MPT Ordinance No. 25 of 1985).

1. Background

MIC took the following measures to secure users’ interests related to telecommunications services in response to changes in the social structure, such as a population decline and the globalization of the telecommunications market
1. Measures to enable Nippon Telegraph and Telephone East Corporation and Nippon Telegraph and Telephone West Corporation to provide telephone services by means of telecommunications facilities of other telecommunications carriers.
2. Measures to develop regulations for telecommunications businesses ran by foreign corporations, etc.
For these measures, MIC submitted a bill for the Act Partially Amending the Telecommunications Business Act and the Act on Nippon Telegraph and Telephone Corporation, etc. to the 201st Diet Session. The bill was approved, and promulgated on May 22, 2020 (Act No. 30 of 2020, hereafter referred to as “the revised Act”).
These draft ministerial ordinances, etc. includes the partial revision of the Regulations for Enforcement of the Telecommunications Business Act (MPT Ordinance No. 25 of 1985) in relation to the enforcement of the revised Act (1. and 2.). Furthermore, in relation to 2, MIC drafted the Guideline Concerning the Application of the Telecommunications Business Act to Foreign Corporations, etc. that Operate Telecommunications Businesses. MIC made an appeal for opinions these documents.

2. Result of appeal for opinions and inquiry

On Wednesday, December 2, 2020, MIC sent an inquiry (Inquiry No. 3133 of December 2, 2020) to the Information and Communications and Posts Administrative Council on the ministerial ordinances, etc. for the revised Act.
MIC made an appeal for opinions from Thursday, December 3, 2020, through Wednesday, January 6, 2021, on a draft of ministerial ordinances, etc.(including matters other than those in the inquiry to the Information and Communications and Posts Administrative Council) and received 11 opinions.
MIC has today received a report from the Information and Communications and Posts Administrative Council stating its approval as inquired with consideration of the results of the appeals of opinions.

3. Future plans

Considering the result of the appeal for opinions and the report, MIC will promptly establish the ministerial ordinances, etc.
Furthermore, considering the result of the appeal for opinions, MIC has established the Guideline Concerning the Application of the Telecommunications Business Act to Foreign Corporations, etc.that Operate Telecommunications Businesses and revised Manual for Market Entry into Japanese Telecommunications Business in response to the revised Act.These documents will come into effect on the day of the enforcement of the revised Act.

• *
  The published material is in Japanese only.