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Introduction
In Japan, the Telecommunications Business Act (Act No. 86 of 1984, the “TBA”) provides the regime applicable to the telecommunications businesses.
On May 15, 2020, the Act Partially Amending the Telecommunications Business Act and the Act regarding the Nippon Telegraph and Telephone Corporation, etc. (Act No. 30 of 2020; the “Amendment Act”) was enacted. The Amendment Act and the relevant cabinet and ministerial ordinances came into force on April 1, 2021.
Further, on February 12, 2021, Japan’s Ministry of Internal Affairs and Communications (the “MIC”) published its “Guidelines Concerning the Application of the Telecommunications Business Act to Foreign Corporations, etc. that Operate Telecommunications Businesses” (the “MIC Guidelines”).[1] Under the MIC Guidelines, the MIC indicated that from the effective date of the Amendment Act (i.e., April 1, 2021), the TBA will also be treated as applying to certain telecommunications busin ....

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