September 26, 2022 Solicitation of Opinions on Draft Ministerial Ordinance, etc. for Partial Amendments to Regulations for Enforcement of the Telecommunications Business Act, etc.

The Ministry of Internal Affairs and Communications (MIC) will make 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.

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 (1) the institutional improvement with regard to the appropriate handling of information on users and (2) review of the system of Category I designated telecommunications facilities, in order to ensure the smooth provision of telecommunications services and the interests of the users of those services are protected. The partial amendments were approved and enacted, and the Act Partially Amending the Telecommunications Business Act (Act No. 70 of 2022) was promulgated on Friday, June 17, 2022.
Also, regarding the Category I designated telecommunications facilities, public switched telephone network (hereinafter referred to as "PSTN") currently used for the telephone service by the 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. From April 2020, the Minister for Internal Affairs and Communications has been making inquiries to the Information and Communications Council on the ideal interconnection system considering the stage of migration to IP networks, and in September 2021, the final report "Ideal State of Interconnection System with Consideration at the 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 (regarding (1) and (2) above) and this report, MIC will partially amend the Regulations for Enforcement of the Telecommunications Business Act (MPT Order No. 25 of 1985) for the necessary institutional development. Accordingly, MIC will solicit opinions on this draft from Tuesday, September 27, through Wednesday, October 26, 2022.

2. Procedure of solicitation of opinions

1. Subjects of solicitation of opinions

Draft Ministerial Ordinance

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

Breakdown

• 1.
  Draft Partial Amendments to Regulations for Enforcement of the Telecommunications Business Act (MPT Order No. 25 of 1985) (pp. 1-24, some of them are the target of inquiry)
• 2.
  Draft Partial Amendments to Regulation for Reporting on Telecommunications Business (MPT Order No. 46 of 1988) (pp. 25-31, not the target of inquiry)
• 3.
  Draft Partial Amendments to Regulation on Accounting at the Interconnection of Category I Designated Telecommunications Facilities (MPT Order No. 91 of 1997) (pp. 32-40, not the target of inquiry)
• 4.
  Draft Partial Amendments to Regulations for Interconnection Charges of Category I Designated Telecommunications Facilities (MPT Order No. 64 of 2000) (pp. 41-44, some of them are the target of inquiry)
• 5.
  Draft Partial Amendments to Ministerial Order Partially Amending the Regulation for Interconnection Charges (MIC Order No. 14 of 2005) (pp. 45-46, not the target of inquiry)
• 6.
  Draft Partial Amendments to Ministerial Order Partially Amending the Regulations for Enforcement of the Telecommunications Business Act (MIC Order No. 1 of 2021) (pp. 47-48, not the target of inquiry)
• 7.
  Draft Partial Amendments to Ministerial Order Partially Amending the Regulation for Interconnection Charges of Category I Designated Telecommunications Facilities (MIC Order No. 9 of 2022) (pp. 49-52, not the target of inquiry)

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) (not the target of inquiry)
• Draft Ministerial Notice for Partially Amending Matters on the 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) (target of inquiry)

2. Period for submission of opinions

From Tuesday, September 27, through Wednesday, October 26, 2022 (Opinions must be received by no later than this deadline.)
For details, please see the procedure of solicitation of opinions.
MIC will post the draft on the public comment page of the e-Gov (https://www.e-gov.go.jp/).

3. Future schedule

Taking into consideration the submitted opinions (for matters related to the review of the system of Category I designated telecommunications facilities, after re-implementing the solicitation of opinions after the solicitation of opinions this time), MIC enacts Ministerial Orders, and will enforce the Ministerial Orders on the date on which the Amendment Act comes into effect (the day specified by Cabinet Order within a period not exceeding a year from the date of promulgation, which is Friday, June 17, 2022).
As for matters to be inquired, it is scheduled that a report from Information and Communications and Posts Administrative Council is made, taking into consideration the results of the solicitation and re-solicitation of opinions.

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  The published material is in Japanese only.