Japan: Adopted revised guidelines on the applicability of the Telecommunications Business Act and Radio Act to mobile virtual network operators

On 27 December 2023, the Japanese Ministry of Internal Affairs and Communications (MIC) adopted the revised guidelines on the applicability of the Telecommunications Business Act and Radio Act to mobile virtual network operators. The revision was made in line with the partial amendments to the Telecommunications Business Act Enforcement Regulations. The guidelines, initially formulated in June 2002, were revised after a series of consultations and opinion solicitation processes. The revised guidelines define a "virtual mobile telecommunication service" as a service provided by mobile virtual network operators using mobile terminal equipment. The service involves connecting mobile devices to wireless transmission facilities without the need for installing base stations. Further, the calculation method for estimated values is revised. The guidelines recommend a detailed approach to forecasting to clarify the cause-and-effect relationship. However, they allow for flexibility, suggesting that not using forecasts may be acceptable if it ensures fairness in calculating connection fees. These revisions aim to ensure fair competition.