KDDI CORPORATION, SoftBankCorp., and Rakuten Mobile,Inc.( “ the three companies ”) moment blazoned their views on the “ The NTT Law Our Perspective( 2) ”( “ NTT’s Perspective( 2) ”) document issued by Nippon Telegraph and Telephone Corporation( “ NTT ”) * 2 on November 7, 2023.
NTT’s Perspective( 2) suggests that the current regulations quested in the NTT Law, including those related to fair competition, universal service scores, and foreign investment regulations which the three companies view as especially significant areas given their implicit impact on Japan’s public interests and citizens’ lives — can be replaced with emendations to the Telecommunications Business Act, and thus rescinding the NTT Law isn’t an issue. The three companies have participated views on this matter that differ from NTT’s perspective.
NTT’s claims in NTT’s Perspective( 2) and participated views of the three companies
NTT’s claims Shared views of the three companies
The prohibition of the junction of NTT East/ West and NTT DOCOMO can be addressed with the prohibition regulations of the Telecommunications Business Act.
The business compass regulations under the NTT Law not only enjoin the junction of NTT East/ West and NTT DOCOMO, they also have a wide- ranging nonsupervisory effect. Consequently, it isn’t realistic to address these regulations under the Telecommunications Business Act.
Regulation of the Telecommunications Business Act, which is grounded on the drivers’ request share, may not be effective on its own due to enterprises related to nonsupervisory elusion.
Universal service scores
Fiber- optical IP phone services aren’t within the compass of universal service.
The rejection of fiber- optical IP phones services is only because of their position in the universal service system under the Telecommunications Business Act. The compass of the universal service obligation under the NTT Law covers all homes( original to 60 million lines), and druggies of fiber- optical IP phone services are also defended.
NTT East/ West serve as last resort drivers if certain conditions are met.
The certain conditions that NTT is seeking aren’t presently in place, and if the NTT Law is abolished, it would not guarantee the provision and conservation of services civil.
Foreign investment regulations for NTT
It’s necessary for foreign power regulations to target major telecommunications drivers, and the means of perpetration should be covered not only through the Foreign Exchange Act, but through other laws and regulations as well.
NTT’s special means can not be treated in the same way as other telecommunications drivers’ installations, and the foreign power regulations quested under the NTT Law are effective and delicate to replace by strengthening the Foreign Exchange Law.
The Economic Security Promotion Act is anticipated to apply to mobile drivers as well.
Comparison with other countries
Special pot laws have been abolished in major countries.
The actuality of special pot laws is due to differences in competition programs and competition structures unique to each country and Japan doesn’t have the prerequisite conditions to abolish its special pot law.
Inherited special means from public pot
When NTT was privatized, the means inherited from the public pot had regressed to the Government of Japan, which is a shareholder of NTT. These means presently belong to shareholders, including those in the private sector, in proportion to their separate shareholdings.
The means inherited from the public pot are possessed by NTT East/ West, and the shareholder of NTT East/ West is the NTT holding company( 100). thus, the means possessed by the companies can only be said to revert to the shareholders if the companies were to be dissolved.
On October 19, 2023, a aggregate of 180 realities, encompassing telecommunications drivers, including the three companies, and original governments, submitted a concertedly- inked request( the “ Request ”) to express their opposition to the invalidation of the NTT Law and to prompt lawgivers to conduct more careful policy conversations. The Request signatories believe it’s pivotal that conversations on the NTT Law be conducted in a manner that avoids any implicit detriment to Japan’s public interests and its citizens’ diurnal lives.
In the Request, the 180 signatories agree that a review of telecommunications policy, including the NTT Law, should be considered for the consummation of IT and telecommunications structure that contributes to advancements in Japan’s quality of life, profitable revivification, and transnational competitiveness as a public end.
Rather than rescinding the NTT Law, if revising the law is considered, the signatories believe that the entire assiduity can hold positive conversations on the future of Japan’s telecommunications assiduity. The signatories hold the view that policy conversations on the NTT Law should do in this direction.