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Draft Bill to revise part of the Nippon Telegraph and Telephone Corporation Law

March, 1997
Ministry of Posts and Telecommunications

1 Purpose of the bill

To implement restructuring of Nippon Telegraph and Telephone Corporation(NTT) and allow it to enter the business of international communications services, aiming to promote fair and effective competition in Japan's telecommunications market and to actively respond to the globalization of the info-communications business.

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2 Outline of the draft

(1) Restructuring of NTT
NTT will be restructured into one long-distance communications company and two regional communications companies, under a purely holding company which will not be involved in communications business operations.
The holding company (Nippon Telegraph and Telephone Corporation) will be a special corporation to hold all the shares of the two regional companies, and it will use its voting right as a shareholder to ensure the continuing provision of regional telecommunications services by the regional communications companies. The holding company will also promote fundamental research and development(R&D).
The regional communications companies (East NTT and West NTT) will be special corporations to provide regional communications services, and each will be obliged to provide a universal service of telephony in its business area.
The long-distance company will be a private company and will be able to enter the business of international communications services. For the time being, all the shares of the long-distance communications company will be held by the holding company.
The holding company and the regional communications companies will be basically regulated as special corporations like the present NTT, but will be less regulated regarding the following points:

  1. The regional communications companies will not be regulated concerning the appointment and discharging of their executives or concerning the distribution of their profits;
  2. The holding company and the regional communications companies will not be regulated concerning their incidental businesses. (Currently NTT must submit a notification in advance of starting such businesses.)

(2) NTT's entry into the business of international communications services
Even before the implementation of the reform of NTT, the company will be able to enter the business of international communications services through its affiliates.

(3) The fundamental principles of the reform
The Minister of Posts and Telecommunications will determine the fundamental principles of the reform concerning the transfer of each business and their necessary rights and duties.

(4) The reform plan
According to the fundamental principles of the reform mentioned above, NTT will compile a plan for the transfer of each business and the undertaking of necessary rights and duties which incorporates the fundamental principles mentioned in (3) above, and submit it to the Minister of Posts and Telecommunications for approval.

(5) Special tax concessions
Special tax concessions will be made as follows.

  1. East NTT will be permitted to transfer money to West NTT and such money will be regarded as an expense of East NTT.
  2. Concessions for capital gain tax, etc. will be provided.

(6) The holding company system
The establishment of holding companies in Japan is permitted under the revised Anti-Monopoly Law which was already submitted to the or dinary session of the Diet now taking place.

3 Date of Implementation

This law will be implemented within two and a half years from the date of promulgation. (The date will be provided by the government ordinance.) However, the provisions concerning procedures to establish new companies will be implemented as soon as the law is promulgated.