December 23, 2022 Result of Solicitation of Opinions on Draft Revision of the Guidelines for Ensuring Smooth Distribution and Use of Mobile Terminal Equipment and Release of the Guidelines

The Ministry of Internal Affairs and Communications (MIC) solicited opinions on a draft revision of the Guidelines for Ensuring Smooth Distribution and Use of Mobile Terminal Equipment from Saturday, November 5 through Monday, December 5, 2022. As a result, 28 opinions were submitted. Accordingly, MIC has decided to publish the submitted opinions and MIC's own views on the opinions. Furthermore, considering the results of the opinions received, MIC has decided to revise and publish the Guidelines for Ensuring Smooth Distribution and Use of Mobile Terminal Equipment.

1. Results of solicitation of opinions

In May 2019, the Act Partially Amending the Telecommunications Business Act (Act No. 5 of 2019. hereinafter the "Amendment Act") was enacted, including provisions relating to the complete separation of communications charges and terminal charges, and the prohibition of excessive customer capturing. The Amendment Act entered into force in October 2019.
MIC's Working Group on Verification of Competition Rules has evaluated and verified the effects of measures developed in accordance with the Amendment Act and the impact these have had on the mobile phone market. Moreover, in September 2022, the Working Group put together the 2022 Report on Verification of Competition Rules. Based on this report, MIC drafted revisions to the Guidelines for Ensuring Smooth Distribution and Use of Mobile Terminal Equipment, aimed at (1) prohibiting mobile phone carriers from unduly interfering with device manufacturers, and (2) enhancing the provision of information to users, and solicited opinions on the draft from Saturday, November 5 through Monday, December 5, 2022. As a result, 28 opinions were submitted.

2. Guidelines

Considering the results of the opinions received, MIC has revised the Guidelines for Ensuring Smooth Distribution and Use of Mobile Terminal Equipment.

3. How to obtain reference information

MIC will make the reference information available for viewing and obtaining copies at the Tariff and Telecommunications Access Policy Division, Telecommunications Business Department, Telecommunications Bureau, MIC (10th Floor, MIC). MIC will also post the reference information on the public comment page of the e-Gov (https://www.e-gov.go.jp/en/ ).

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