April 27, 2023 Revision of Guidelines Related to Partial Amendment to the Telecommunications Business Act (regarding the Regulations to Ensure Suitability of Negotiations on Wholesale)

In response to the new regulations to ensure suitability of negotiations on wholesale telecommunication services based on partial amendment of the Telecommunications Business Act, the Ministry of Internal Affairs and Communications (MIC) has revised the relevant guidelines with consideration of the results of the solicitation of opinions.

1. Background

In light of changes in the environment surrounding the telecommunications business, MIC submitted a bill on the Act on Partial Amendments to the Telecommunications Business Act to the 208th session of the Diet, including provisions to ensure suitability of telecommunication carriers’ negotiations on wholesale telecommunications services using Category I or Category II designated telecommunications facilities, such as the wholesalers’ obligation to provide specified wholesale telecommunication services and to present the information about those services including the calculating method of the prices. After the passage of the bill, the Act on Partial Amendments to the Telecommunications Business Act (Act No. 70 of 2022, hereafter referred to as the “Amendment Act”) was promulgated on Friday, June 17, 2022.

To decide the detail of the new regulations under the Amendment Act, MIC solicited opinions (from Saturday, January 21, through Monday, February 20, 2023) and consulted the Information and Communications and Posts Administrative Council (received a report on Friday, March 24, 2023). Today, in consideration of the results of those processes, MIC has made the partial amendments to the Regulations for the Enforcement of the Telecommunications Business Act (MPT Order No. 25 of 1985) and the Rules for Reporting on Telecommunications Business (MPT Order No. 46 of 1988), along with related Notices.

Accordingly, MIC has revised the Guidelines on Application of the Telecommunications Business Act and Radio Act related to MVNOs (established in June 2002) and the Guidelines on the Application of the Telecommunications Business Act to NTT East/West’s Wholesale Telecommunications Services including FTTH Access Services (established in February 2015) and published the revised guidelines.

2. Revised Guidelines

• Guidelines on Application of the Telecommunications Business Act and Radio Act related to MVNO (formulated in June 2002)
• Guidelines on the Application of the Telecommunications Business Act to NTT East/West’s Wholesale Telecommunications Services including FTTH Access Services (formulated in February 2015)

*The published materials are in Japanese only.

3. Future plans

The revised guidelines will be in effect from Friday, June 16, 2023, when the Amendment Act will come into effect.