October 28, 2022 Results of Solicitation of Opinions on Draft Ministerial, etc. for Partial Amendment to Regulations for Enforcement of the Telecommunications Business Act, etc. (Matters Concerning the Category I Designated Telecommunications Facilities) and Resolicitation of Opinions

The Ministry of Internal Affairs and Communications (MIC) made a solicitation of opinions on a draft ministerial ordinance, etc. for partial amendments to Regulations for Enforcement of the Telecommunications Business Act, etc. from Tuesday, September 27 through Wednesday, October 26, 2022. As a result, five opinions were submitted on the matters concerning the Category I designated telecommunications facilities. Accordingly, in addition to disclosing the results of the solicitation of opinions on draft ministerial order, etc. (relating solely to the matters concerning the Category I designated telecommunications facilities), MIC will make a resolicitation of opinions regarding the submitted opinions from Saturday, October 29 through Friday, November 11, 2022, in order to seek the opinions of other interested parties regarding the submitted opinions.

1. Background

With consideration of changes in the environment surrounding telecommunications business, MIC submitted the Draft for Partial Amendments to the Telecommunications Business Act to the 208th National Diet for the development of provisions considering review of the system of Category I designated telecommunications facilities. The partial amendments were approved and enacted, and the Act Partially Amending the Telecommunications Business Act (Act No. 70 of 2002) was promulgated on Friday, June 17, 2022.
Also, public switched telephone network (hereinafter referred to as “PSTN”) currently used for the telephone service by Nippon Telegraph and Telephone East Corporation (NTT East) and Nippon Telegraph and Telephone West Corporation (NTT West) will reach the maintenance limit around 2025, and migration to the IP networks of PSTN is taking place in sequence from January 2021.
Accordingly, from April 2020, the Minister for Internal Affairs and Communications has been making inquiries to the Information and Communications Council on the ideal considering the stage of migration to IP networks , and in September 2021, the final report "Ideal State of Interconnection System with Consideration at Stage of Migration to IP Networks; Towards Development of Interconnection System in Anticipation of Completion of Migration to IP Networks" was compiled by the Council.
Based on the Amendment Act and this report, MIC will partially amend the Regulations for Enforcement of the Telecommunications Business Act, etc. (MPT Order No. 25 of 1985) for the necessary institutional development.
Making solicitation of opinions on this draft from Tuesday, September 27 through Wednesday, October 26, 2022, MIC discloses the results (relating solely to the matters concerning the Category I designated telecommunications facilities). In addition, MIC will resolicit opinions from Saturday, October 29 through Friday, November 11, 2022, in order to seek the opinions of other interested parties regarding the submitted opinions.

2. Results of the solicitation of opinions

3. Procedure for resolicitation of opinions

(1) Subject of resolicitation of opinions

Opinions on a draft ministerial ordinance, etc. submitted during the recent solicitation of opinions.

Draft Ministerial Ordinance

• Draft Ministerial Order for Partial Amendment to Regulations for Enforcement of the Telecommunications Business Act, etc.

Breakdown

1. (I):
   Draft Partial Amendments to Regulations for Enforcement of the Telecommunications Business Act (MPT Order No. 25 of 1985) (limited to amended provisions of Articles 23-2 and 23-4). (pp. 1-pp. 3)
2. (II):
   Draft Partial Amendments to Regulation for Reporting on Telecommunications Business (MPT Order No. 46 of 1988) (limited to amended provisions of Form 21). (pp. 4-pp. 5)
3. (III):
   Draft Partial Amendments to Regulation on Accounting at the Interconnection of Category I Designated Telecommunications Facilities (MPT Order No. 91 of 1997) (pp. 6 - pp. 14).
4. (IV):
   Draft Partial Amendments to Regulations for Interconnection Charges of Category I Designated Telecommunications Facilities (MPT Order No. 64 of 2000) (pp. 15 - pp. 18).
5. (V):
   Draft Partial Amendments to Ministerial Order Partially Amending the Regulation for Interconnection Charges (MIC Order No. 14 of 2005) (pp. 19 - pp. 20).
6. (VI):
   Draft Partial Amendments to Ministerial Order Partially Amending the Regulations for Enforcement of the Telecommunications Business Act (MIC Order No. 1 of 2021) (pp. 21 - pp. 22).
7. (VII):
   Draft Partial Amendments to Ministerial Order Partially Amending the Regulations for Interconnection Charges of Category I Designated Telecommunications Facilities (MIC Order No. 9 of 2022) (pp. 23 - pp. 28).

Draft notices

• Draft Ministerial Notice for Abolishing Matters on the Designation Based on the Provisions of Article 23-2, Paragraph 2 of the Regulations for Enforcement of the Telecommunications Business Act (MIC Notice No. 242 of 2001).
• Draft notice for revision of matters relating to designation of telecommunications facilities based on the provisions of Article 33, Paragraph 1 of the Telecommunications Business Act and Article 23-2, Paragraph 1 of the Regulations for Enforcement of the Telecommunications Business Act (MIC Notice No. 243 of 2001).

(2) Period for submission of opinions

From Saturday, October 29 through Friday, November 11, 2022
(Submission of opinions by postal mail must be received by no later than this deadline.)

4. Future schedule

MIC will amend the ministerial order based on the opinions submitted in response to the solicitation and resolicitation.

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