japan telecom regulatory authority

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In 2018, MIC organised a study group to analyse possible measures to regulate platform service providers. spectrum auctions, comparative ‘beauty parades’, etc.? MIC must maintain a Telecoms Numbering Plan (“Numbering Plan”) in accordance with the TBL and the regulation regarding the telecoms number (“Number Regulation”). 3.6       Are spectrum licences able to be assigned, traded or sub-licensed and, if so, on what conditions? Information and translations of telecom regulatory authority of india in the most comprehensive dictionary definitions resource on the web. DUBLIN--(BUSINESS WIRE)--The "Japan While the guidelines are not legally binding, they generally carry a lot of weight in practice. (PDF • Excel) Further, MIC established, with internet service providers (“ISPs”), cable TV service providers, software security service vendors, and other companies, the Advanced Cyber Threats Response InitiatiVE (“ACTIVE”) to assist internet users with preventing malware infection and to enhance cybersecurity. 1.1       Please describe the: (a) telecoms, including internet; and (b) audio-visual media distribution sectors in your jurisdiction, in particular by reference to each sector’s: (i) annual revenue; and (ii) 3–5 most significant market participants. 2.6       Please summarise the main requirements of your jurisdiction’s general authorisation. Recording of the date and time of telecommunications, which does not include recording of the content, is allowed to the extent that it is necessary for telecoms carriers’ operations, such as billing. MIC’s review of the application will include consideration of the existence of an adequate financial basis to operate the planned business and conformity with the standards provided in the relevant MIC ministerial ordinance. The Radio Wave Law gives MIC the authority to allocate frequency spectrum to private telecommunications operators for the establishment of radio transmission stations. 5. The Act came into force on 25 th January 1997 and was published vide gazette notification dated 28 th March 1997. Telecommunications networks or services are mainly regulated by the TBL. This page is a Pharmaceutical Regulations in Japan page of JPMA. 4.7       What data are telecoms or internet infrastructure operators obliged to retain and for how long? Analyses", https://www.researchandmarkets.com/r/x5e7kv. Already registered? The Ministry of Industry and Information Technology (MIIT) is the primary telecoms regulatory body in China. The interception is permitted only regarding certain significant crimes, and the period of the interception term may not exceed 10 days unless a court extends the term, which can be up to 30 days. The Basic Act on Cybersecurity provides the basic framework for the responsibilities and policies of the national and local governments to enhance cybersecurity. If not, what rules apply? Any telecoms carrier which provides international telecoms services is required to obtain prior authorisation from MIC before making any arrangements with a foreign government, entity or individual with respect to any telecoms business. As stated in question 2.10, charges for Universal Services and interconnection for a carrier installing Designated Facilities are generally subject to MIC approval. There are no laws regulating cloud service providers directly. Note that the Broadcast Law prohibits Nihon Housou Kyoukai, as a national public broadcasting entity, from broadcasting advertisements for commercial purposes on behalf of third parties. Interconnection of telecoms facilities. 1. 3.1       What authority regulates spectrum use? Any telecoms carrier which provides universal telecommunications services (“Universal Services”) must establish tariffs and submit these to MIC prior to implementation of the services (see question 2.17). There are no special rules relating to dynamic calling line identification presentation. Has your jurisdiction made commitments under the GATS regarding telecommunications and has your jurisdiction adopted and implemented the telecoms reference paper? The revised guidelines provide that, generally speaking, packet-shaping is in violation of the TBL because it violates the secrecy of communications, which is protected under the TBL; however, it may be permitted in exceptional situations, such as when general users are having difficulty in accessing a network due to heavy users’ traffic or if a specific application is excessively occupying the network. According to the guidelines, a telecoms carrier may, but is not required to, retain such information for a period necessary for the purpose (such as billing), and must delete such information after such period. is dominated by incumbent operator NTT. 5.4       Are licences assignable? In particular, MIC discussed whether heavy users should be required to pay additional charges based on their packet usage, and whether distributors of rich content should be required to pay ISPs for additional charges. 2.2       How is the provision of telecoms (or electronic communications) networks and services regulated? Set out below are general materials: 1. As noted above, the TBL applies only to telecommunications, and the Broadcast Law applies only to broadcasting. St. John's, Antigua Local Telephone: (268) 468-4600 International Telephone: (268) 562-1868 Email: telecom@ab.gov.ag Meaning of telecom regulatory authority of india. Are there any incentives or ‘regulatory holidays’? Operation of facilities for provision of services. Telecoms carriers providing Universal Services and certain other services, and installing Designated Facilities, are required to organise their accounting pursuant to the relevant law (Article 24 of the TBL). The bill was not passed and has not been discussed by the Diet since 2012. There is a registration fee of ¥30,000 per station generally, but the registration fee for a broadcasting station is ¥150,000. (If so, please list the relevant legislation.). 2.16    Is the provision of electronic communications services to consumers subject to any special rules (such as universal service) and if so, in what principal respects? MIC may, under certain circumstances stipulated by the TBL, order a telecoms carrier installing telecoms facilities to start or reopen negotiations (if suspended) with another carrier regarding an agreement to interconnect the former’s telecoms facilities, if the former refuses to enter into such an agreement. In the case of notice and registration for a telecoms carrier, there is no stated licence duration. 3. established to achieve simplification and rationalization of administrative work for license application and to alleviate the burden borne by license applicants The MIC guidelines regarding the protection of personal information in telecoms businesses state that telecoms carriers are allowed to obtain certain limited personal information only where such information is necessary to provide the services; however, the retaining or recording of telecommunications content is not allowed. Legal and Institutional Framework 3. The report recognised that fake news delivered online is an issue which requires further examination. An ISP may not enjoy immunity for infringement upon a third party’s information if: (i) the ISP was technically able to prevent the dispatch of that information, and the ISP knew or should reasonably have known of the infringement; or (ii) the ISP itself dispatched the information. Are there restrictions on change of control of the licensee? Provision of wholesale telecoms services. Providers of telecoms businesses, including fixed and mobile services that are either registered with, or have submitted notification to, MIC under the TBL are not required to submit a tariff or price chart unless they provide Universal Services (see question 2.6) or have Designated Facilities (see question 2.10). switched services) and/or network access (e.g. the next five years to 2022. Under the Revised TBL, if a telecoms carrier installing Designated Facilities plans a merger, a corporate split or a business transfer, it must apply for a renewal of its registration, with certain exceptions. Likewise, if an MIC order has already been issued, the relevant carrier (or carriers) may apply to MIC for an award. In the case of a radio station licence, the duration is five years, with certain exceptions. This list contains bodies ensuring effective regulatory role in a territory which is not necessarily a state, but is listed as "territory" or "economy" in the statistics of international institutions, in particular the International Telecommunication Union (ITU). In the event carriers negotiating the interconnection of telecoms facilities fail to agree on such items as monetary payments, a carrier (or carriers) may apply to MIC for an award (saitei) under the TBL. Telecom Regulatory Authority of India Act, 1997 TELECOM REGULATORY AUTHORITY OF INDIA 3 Establishment and incorporation of Authority (1) With effect from such date as the Central Government may, by notification appoint, there shall be established, for the purposes of this Act, an Authority to be called the Telecom Regulatory Authority of India. Note that MIC will allocate available radio frequency (see “Frequency Plan” described in question 3.2); thus, approval of a radio station licence will be subject to such planning and, in the case of the radio station providing broadcasting services, broadcast content and broadcast area requirements. In this regard, the TBL requires providers to: (i) give prior notice to consumers if services are to be suspended or discontinued; (ii) explain their terms and conditions to consumers; and (iii) process complaints and inquiries from consumers properly and promptly. However, telecoms carriers may provide the requested information without the required consent if, among others, national or municipal governments or authorities need the information for the due performance of their duties pursuant to applicable laws, and prior consent will harm that due performance. Officers and directors of a telecom carrier installing Designated Facilities may not serve as officers or directors of its affiliates (Article 31-1 of the TBL). 3. Currently, there is no specific law prohibiting the requirement of such payment, and the Net Neutrality Report essentially concluded that these matters should be left to the market. PDA USA. If providers cannot reach an agreement in order to provide services by using wholesale lease lines, pursuant to the TBL, MIC may grant an award. The “Telecom Business Continuity Forum” supports TRA’s plans and policies for business continuity in emergencies and crises, as the telecom sector is vital for various activities and fields such as economy, education, health, security and defense. How are their roles differentiated? As NTT group companies (please see question 1.1) have large-scale facilities (e.g., cables direct to users’ homes), such facilities could potentially prevent other carriers from providing services. 956 (N.D.Cal.1977), which holds without analysis that “[t]he California trade name statute does not require plaintiff to prove a secondary meaning or actual confusion.” Id. The Japan Commercial Broadcasters Association (Nihon Minkan Housou Renmei) has a template for those standards, which commercial broadcasting companies usually incorporate or refer to in their own standards. Register with us FREE. WTO Reference Paper 5. Some regulations are also issued by the TRAI including, for example, 'do not call' regulations and interconnection rules. The duration of a licence depends upon its type or kind. Keito Financial Institutions (PDF • Excel) 6. Lodging opposition (except for the above). Japan's vertically Such providers may decide the prices for their services at their own discretion. 3.3       Can the use of spectrum be made licence-exempt? No specific law regulates virtual private network (“VPN”) services. Under the Action Plan, operators of material infrastructure are required to establish safety standards to protect material infrastructure, strengthen information-sharing systems, strengthen incident response systems, promote risk management measures, and strengthen infrastructure security measures. Asian news hub covering geo-political news and current affairs across Asia National Telecom Regulatory Authority (NTRA) Vice-Chairman Abderrazak BACHIR BOUIADJRA Alg eria: Algeria Telecom Vice-Chairman Laialy ALMANSOURY: Kuwait: Comminication and Information Technology Regulatory Authority (CITRA) Vice-Chairman Gökhan EVREN Turkey Ministry of Transport and Infrstructure: Vice-Chairman Eric Anicet MBATHAS Further, any person or entity planning to be other types of broadcasters, including a cable TV broadcaster (ippan-housou-jigyousha), is required to be registered with MIC. Under the TBL, the fee for registration with MIC is ¥150,000, but no fee is necessary for notification to MIC. Telecoms carriers installing Designated Facilities are required to disclose their accounting documents (e.g., balance sheets and profit and loss statements) to the public (Article 30-6 of the TBL). One of the basic principles, if not the most important principle, of the TBL is the secrecy of communications. platforms: cable TV (CATV) and FttH, with the latter more prominent. Charges for interconnection are generally determined by the carrier which provides the connection, with some exceptions, such as the following: Charges for wholesale lease lines are not subject to price or cost regulation, and providers may decide prices at their own discretion. ICLG - Telecoms, Media and Internet Laws and Regulations - In January 2013, MIC announced that it does not have any immediate plans to request the Diet to amend the Radio Wave Law to implement an auction system. 2.20    Are there any obligations requiring number portability? The appellant may seek, for example, the revocation of an MIC order on the basis that the order has wrongfully affected the appellant’s legal interest. Telecommunications terminal equipment requires certification for connection to public network services in Japan. A carrier may choose to apply to the MIC-run TBDSC for mediation or reconciliation in the above cases, but a carrier may not proceed with both an MIC award and a mediation or reconciliation at the same time. Any carrier dissatisfied with the financial conditions of an award may seek an increase or decrease by filing a lawsuit within six months of the day on which that carrier is notified of the award result. Does this cover: (i) traditional telephone calls; (ii) VoIP calls; (iii) emails; and (iv) any other forms of communications? (d) A carrier providing international services. The TBL further requires other authorisations, which will be explained in question 2.6; this question will also explain authorisations regarding broadcasting. The Broadcast Law sets forth general principles to regulate broadcast content (i.e., TV programmes). Are they independent from the government? (c)  Mediation (assen) and Reconciliation (chusai) by Commission. Stagnant growth in the fixed line market is predicted to continue over In the area of broadcasting, several major companies, such as Nippon Television Network Corporation and Fuji Television Network Inc., provide television programmes through terrestrial-based television broadcasting. Tele-communications Business Dispute Settlement Commission (“TBDSC”) Mediator. 2.7       In relation to individual authorisations, please identify their subject matter, duration and ability to be transferred or traded. 2. open its mobile market up to new players for 5G services. E.S.T Office Hours Call 1-917-300-0470For U.S./CAN Toll Free Call This law enabled the establishment of the National Center of Incident Readiness and Strategy for Cybersecurity (“NISC”) in 2015. These guidelines provide examples of when zero-rating services would violate the TBL in terms of differentiating users without good reason, or the secrecy of communications, so that providers of zero-rating services may avoid possible violations. MIC also published guidelines regarding zero-rating services in March 2020. Japan's telecommunications sector is one of the most developed markets 2.9       Are there specific legal or administrative provisions dealing with access and/or securing or enforcing rights to public and private land in order to install telecommunications infrastructure? It does not, however, require the inclusion of specific matters in those standards. 4.3       Summarise the rules which require market participants to maintain call interception (wire-tap) capabilities. nationwide 4G mobile network with an intended launch by 2019. Are there restrictions on the change of control of the licensee? 6.1       How have the courts interpreted and applied any defences (e.g. See question 2.10 for further information regarding special regulations for a carrier installing Type I or Type II Designated Facilities (“Designated Facilities”). In addition, MIC has published guidelines for the protection of consumers. Get latest Telecom Regulatory Authority Of India news updates & stories. unique culture and market size. Japan's in the world. and Networks, "Japan 4350 East West Highway, Suite 600 Bethesda, MD 20814 USA Tel: +1 (301) 656-5900 Fax: +1 (301) 986-0296 The Radio Wave Law regulates the use of radio waves and thus may apply to both telecommunications and broadcasting using radio waves. Telecoms carriers are generally not required to provide encryption keys to the state. As for Universal Services, please see questions 2.6 and 2.15. Generally, a telecoms carrier installing telecoms facilities must interconnect its facilities with other telecoms carriers if so requested by other carriers and there is no justifiable reason under the TBL to reject the request. Log in Regulation of the television broadcasting business primarily consists of (i) the Broadcast Law (Housou Hou), and (ii) the Radio Wave Law (Denpa Hou). Japan's market is served by three multi-service operators offering MIC released a report regarding network neutrality in September 2007 (“Net Neutrality Report”). 5.3       Describe the different types of licences for the distribution of audio-visual media and their key obligations. Analyses" report has been added to ResearchAndMarkets.com's A telecoms business provider is required to use the numbers only for the provision of telecoms business, treat users equally, and identify the type or content of telecoms services by the number under the Number Regulation. 3.5       What happens to spectrum licences if there is a change of control of the licensee? Further, under the Revised TBL, in order to protect consumer interest, providers are required to deliver written material to consumers who enter into agreements with those providers regarding the services designated by MIC. UAE telecom authority launches initiative to block unwanted ads. Further, consolidation between telecoms carriers is regulated under the Anti-monopoly Law. Nihon Housou Kyoukai, which is unique in its status as a national public broadcasting entity, is also one of the major providers of television programmes. Yes, as stated in question 2.6, with MIC approval, an approved carrier (nintei jigyousha) may have certain rights to use land under the TBL. We regulate fixed line telecommunications and mobile. Legislation enacted to restrict Provision of information for interconnection. However, there are guidelines in certain sectors such as the public, financial and healthcare sectors. mobile broadband access and pay TV services. Telephone numbers, including mobile telephone numbers, and the network identifying codes are allocated by MIC following a successful application by the relevant telecoms business provider. We look forward to working with you on future editions.Peter Lyck, Partner - Nielson Norager, © 2002-2021 Copyright: ICLG.com | Our Privacy, Unlock 3 FREE PDF chapters by registering with us FREE 6.3       Are there any ‘net neutrality’ requirements? Operators providing Universal Services and services provided by Designated Facilities are required to publicly disclose tariffs which set forth fees and other terms and conditions, and post them at their offices. ownership has led to a plethora of broadcasters. 1. wholesale leased lines) subject to price or cost regulation and, if so, how? Telecoms carriers installing Designated Facilities may not, among other things, (i) use any information that they obtain from an interconnection with other telecoms carriers for purposes other than interconnection, and (ii) prioritise certain telecoms carriers without good reason (Articles 30-3 and 30-4 of the TBL). 1.2       List the most important legislation which applies to the: (a) telecoms, including internet; and (b) audio-visual media distribution sectors in your jurisdiction and any significant legislation on the horizon such as the regulation of online harms or artificial intelligence (please list the draft legislation and policy papers). largest e-commerce company is working on plans to build its own If MIC grants an award, the parties are deemed to have come to an agreement. The competition law authority is the Fair Trade Commission (“FTC”), an independent administrative agency with the authority to prevent unfair trade or market dominance. In contrast, providers of content delivered over the internet without any hardware such as a set-top box (e.g., over-the-top service providers) are generally not regulated by the Broadcast Law and the TBL. If only notice is required, the prior unofficial consultation with MIC, if necessary, will take a few days if all the relevant information is provided. It is desirable also to unofficially consult with MIC (usually for an additional one to two months) before filing an application for registration. 5.1       How is the distribution of audio-visual media regulated in your jurisdiction? The TBL’s principal aim is to secure consumer benefit by ensuring fair provision of services, especially with respect to fundamental public services. With a few exceptions, any telecoms carrier installing telecoms facilities for use by its telecoms business (certain telecoms facilities as stipulated in Article 41 of the TBL) must submit notices to MIC regarding its compliance with technical and administration rules and the appointment of a chief telecommunications engineer. The secrecy of communications protects not only the contents of communications but also any information that would enable someone to infer the meaning or the contents of communications. - Telecoms Infrastructure, Operators, Regulations - Statistics and City Banks and Trust Banks (PDF • Excel) 2. The Telecom Regulatory Authority of India is a statutory body set up by under the TRAI Act 1997, for regulating Telecommunication sector. Under the Broadcast Law, any person or entity planning to be a terrestrial-based television broadcaster or a satellite-based television broadcaster (kikan-housou-jigyousha) is generally required to obtain an authorisation from MIC. However, due to the shift of political power in Japan in 2012, the Diet was dissolved while deliberations on the bill were ongoing. The fixed broadband market is supported largely by two technology Fees for applications for a licence to establish radio stations under the Radio Wave Law vary from less than ¥10,000 to around ¥150,000, depending on the power of the radio station emission. 2.14    Describe the regulation applicable to high-speed broadband networks. Regulation of competition in the telecommunications market (SMP) and domain aspects. 2.1       Is your jurisdiction a member of the World Trade Organisation? Are consumer VPN services regulated or blocked? Fixed line growth in Japan have been stagnant over the past five years. The Telecom Commercial Communications Customer Preference Portal by Telecom Regulatory Authority of India (TRAI) is a data base containing a variety of information prescribed in the Telecom Commercial Communications Customer Preference Regulations, 2010. As for telecommunications services, the TBL generally classifies a telecommunications carrier as either (i) a registration carrier, or (ii) a notification carrier, as follows: A carrier installing cable facilities, such as (i) terminal facilities that are installed in multiple municipalities, or (ii) relay facilities that are installed in multiple prefectures, is required to register with MIC. distribute content. offering. The MIC guidelines regarding the protection of personal information (the latest revision was issued in January 2019) in telecoms businesses state that telecoms carriers may not provide personal information to third parties without the prior consent of the owner of the personal information. Further, JAIPA has issued guidelines regarding requests for the deletion of information with respect to infringement. 4.1       Describe the legal framework for cybersecurity. Hiromi Hayashi Telecom and Internet Regulation. If so, what are they? All reports address whether a telecoms carrier may deal with cyber-attacks and the issues that may arise in connection with the secrecy of communications. 4.6       Are there any specific cybersecurity requirements on telecoms or cloud providers? Further, operators providing services using Designated Facilities are required to publicly disclose the tariffs which set forth interconnection charges. European Union Directives on electronic communications Proposed modifications to European electronic communications framework… In 2018, MIC established a study group on network neutrality. The “Standard for Security and Reliability of the Information Network” issued by MIC sets forth certain rules to maintain the secured network, which include the obligation to use encryption for confidential telecommunications. A carrier providing Universal Services is required to submit for MIC’s approval the terms and conditions (including tariffs) of its services; it must provide telecoms services in accordance with such terms and conditions (see question 2.15). It is difficult to classify the authorisations into general authorisations and individual authorisations. Regulatory Decisions - ICT Regulatory Decisions Clearinghouse 4. Langelinie Allé 17 2100 Copenhagen Denmark Phone: +45 35 29 10 00 In addition, if MIC changes the Numbering Plan, MIC may change the allocated numbers. RADIOFREQUENCY AND 5G SAFETY NEXT STEPS The public consultation into Radiofrequency and 5G Safety remains active, that is, public comments are restricted, however the review of information is active. 1-800-526-8630For GMT Office Hours Call +353-1-416-8900Related Audio-visual content is distributed through (a) terrestrial-based television broadcasting, (b) satellite-based television broadcasting, (c) cable TV broadcasting, (d) game software, (e) movie content, (f) video content, and (g) internet content (original video-based net content). Utilisation of land and works for interconnection. Providers of Universal Services or those having Designated Facilities are required to submit their tariffs to MIC and to provide their services in accordance with such tariffs. Lawsuit to seek revocation (w/n six mos). The telecommunications market ( SMP ) and domain aspects the type of licence India news updates & stories line is! 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