What Japan Telecommunications Business Act requires
The Telecommunications Business Act (Act No. 86 of 1984, substantially restructured in 2001 when the Ministry of Posts and Telecommunications became the Ministry of Internal Affairs and Communications, and last amended 2023 to implement smartphone software provisions), requires general telecommunications carriers establishing or operating circuits for provision to unspecified users to register with MIC under Article 9 before commencing service and specified carriers using third-party circuits to notify MIC under Article 16, imposes an absolute statutory obligation to protect the secrecy of communications under Article 4 with criminal penalties of up to 2 years imprisonment and JPY 1 million fines for unauthorised disclosure, mandates interconnection between carriers on reasonable and non-discriminatory terms under Article 32 with MIC-approved cost-oriented tariffs for designated dominant carriers, requires compliance with important communications priority rules under Article 8 during disasters, prohibits carriers from refusing service without justifiable reason, and requires operators of major app stores and operating systems designated under 2022 amendments to provide fair and non-discriminatory access to application developers.
Pillar: Telecoms & Digital Infrastructure · Authority: National Diet of Japan · Version: 1.0.0 · Last updated:
Primary source: https://laws.e-gov.go.jp/law/359AC0000000086
SHA-256 integrity: b6224c4b9a5ebaf2de916b9cf8101f31207afce561bf4047ab8de7dac831a8f9
Primary Citations — 5 traced to source
- {"title":"Telecommunications Business Act (Act No. 86 of 1984, as amended to 2023)","url":"https://laws.e-gov.go.jp/law/359AC0000000086","section":"Articles 4 (communications secrecy and criminal penalty up to 2 years imprisonment), 7 (service provision obligation), 8 (important communications priority), 9 (general carrier registration), 16 (specified carrier notification), 19 (tariff filing), 29 (MIC business inspection), 30 (business improvement orders), 32 (interconnection obligation), 35-36 (interconnection mediation and orders), 179 (criminal penalties), 183 (aggravated penalties)","relevance":"Primary Japanese telecommunications business licensing legislation; requires registration or notification with MIC, imposes absolute communications secrecy obligation with criminal penalties, mandates interconnection on non-discriminatory terms, requires tariff filing for dominant carriers, prohibits refusal of service without justification, and requires important communications priority during disasters; 2022 amendments added smartphone software and app store fair access obligations"}
- {"title":"Act on Promotion of Competition for Specified Smartphone Software (Act No. 56 of 2024)","url":"https://www.soumu.go.jp/main_sosiki/joho_tsusin/d_syohi/smartphone_software_acts.html","section":"Articles 1-30 (designated smartphone software provider obligations, fair access requirements, side-loading permissions, disclosure obligations, MIC enforcement powers)","relevance":"2024 Act implementing the smartphone software and app store fair access provisions; designates Apple App Store and Google Play as specified app stores; requires non-discriminatory access for developers, disclosure of commission rates and listing terms, and cooperation with MIC oversight; supplements the Telecommunications Business Act framework for digital platform regulation"}
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