WTO Basic Telecommunications Agreement 10 · PDF fileWTO Basic Telecommunications Agreement...

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Japan’s Best Practice for Telecommunications Market Japan Japan s Best Practice for Telecommunications Market s Best Practice for Telecommunications Market WTO Basic Telecommunications Agreement 10 th Anniversary Symposium Panel C: Regulatory Challenges/Best Practices WTO Basic Telecommunications Agreement 10 th Anniversary Symposium Panel C: Regulatory Challenges/Best Practices February 20, 2008 Shun SAKURAI Director-General for Policy Coordination Ministry of Internal Affairs and Communications (MIC), JAPAN February 20, 2008 Shun SAKURAI Director-General for Policy Coordination Ministry of Internal Affairs and Communications (MIC), JAPAN

Transcript of WTO Basic Telecommunications Agreement 10 · PDF fileWTO Basic Telecommunications Agreement...

Page 1: WTO Basic Telecommunications Agreement 10 · PDF fileWTO Basic Telecommunications Agreement ... Outline of Japanese Telecom Competition Policy ... Total Number of Mediation and Arbitration

Japan’s Best Practice for Telecommunications MarketJapanJapan’’s Best Practice for Telecommunications Markets Best Practice for Telecommunications Market

WTO Basic Telecommunications Agreement 10th Anniversary Symposium

Panel C: Regulatory Challenges/Best Practices

WTO Basic Telecommunications Agreement 10th Anniversary Symposium

Panel C: Regulatory Challenges/Best Practices

February 20, 2008Shun SAKURAIDirector-General for Policy CoordinationMinistry of Internal Affairs and Communications (MIC), JAPAN

February 20, 2008Shun SAKURAIDirector-General for Policy CoordinationMinistry of Internal Affairs and Communications (MIC), JAPAN

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0 Brief Introduction

1 Development of Regulatory Framework(1) Deregulations on Market Access(2) Asymmetric Regulations on Dominant

Carrier

2 Future Challenges

ContentsContents

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Outline of Japanese Telecom Competition PolicyOutline of Japanese Telecom Competition Policy

Review of competition rules through transparent procedures

Introduction of market principles

Privatization of NTT—PC

Introduction of market principles

Privatization of NTT—PC

Deregulation of market entry restriction (1997)Abolition of foreign investment regulation (except for NTT and NTT regional companies) (1997)Reorganization of NTT (1999)interconnection rules (introduction of LRIC model)(2000)

Deregulation of market entry restriction (1997)Abolition of foreign investment regulation (except for NTT and NTT regional companies) (1997)Reorganization of NTT (1999)interconnection rules (introduction of LRIC model)(2000)

Strengthening of asymmetric regulationsEstablishment of USF mechanismSetting up of Telecommunications Business Dispute Committee

Strengthening of asymmetric regulationsEstablishment of USF mechanismSetting up of Telecommunications Business Dispute Committee

Age of TelephonyEmergence of

Internet

Abolition of Type I and Type II business categoriesDrastic deregulation of price and tariff regulations

Abolition of Type I and Type II business categoriesDrastic deregulation of price and tariff regulations

From From monopolymonopoly

to to competitioncompetition

From From ““exex--anteante””regulation to regulation to ““exex--postpost”” regulationregulation

1985 1985 ∼∼ 1997 1997 ∼∼ 2001 2001 ∼∼

Further promotion Further promotion of competitionof competition

2004 2004 ∼∼

Introduction of Competition reviewIntroduction of Competition review

Transition to Full IP-based networks

Futu

re C

halle

nges

Futu

re C

halle

nges

Agreement on Basic Telecommunication

Time limit for submitting Initial Offer

Final conclusion of DDR

Penetration of Mobile

Communication

©© Ministry of Internal Affairs and Communications Ministry of Internal Affairs and Communications 3

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0

2 ,0 0 0

4 ,0 0 0

6 ,0 0 0

8 ,0 0 0

1 0 ,0 0 0

1 2 ,0 0 0

'90/

3

'92/

3

'94/

3

'96/

3

'98/

3

'00/

3

'02/

3

'04/

3

'05/

9

'06/

3

'06/

9

'07/

3

固定電話(加入電話+ISDN)

移動電話(携帯電話+PHS)

高速・超高速インターネット加入者数

IP 電話

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

00/12 01/

301/

601/

901/

12 02/3

02/6

02/9

02/12 03/

303/

603/

903/

12 04/3

04/6

04/9

04/12 05/

305/

605/

905/

12 06/3

06/6

06/9

06/12 07/

307/

6

FTTHFTTHFTTH

FWAFWAFWA

9,663

13

13,786

3,691

CATVCATVCATV

DSLDSLDSL

※As of June. 2007

【Telecommunication Service Users】(Unit: thousand)

Fixed Communications (telephony)Mobile Communications (telephony)Broadband service

IP Telephony

The Number of JapanThe Number of Japan’’s service subscriberss service subscribers

【Number of Broadband Service Users】

103,078

54,217

27,150

15,276

(Unit: thousand)

Population: 127,053 Households: 51,713 Population: 127,053 Households: 51,713 (As of March, 2003 / Thousand)(As of March, 2003 / Thousand)©© Ministry of Internal Affairs and Communications Ministry of Internal Affairs and Communications 4

120,000

100,000

80,000

60,000

40,000

20,000

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Source : ITU Internet Reports 2006 ”digital.life”(December 2006)

BroadbandBroadband prices (100kbit/s)prices (100kbit/s)(US dollar)(US dollar)

Japanese Broadband Service in Global ComparisonJapanese Broadband Service in Global Comparison

Speed of Speed of DSLDSL((Mbit/sMbit/s))

5.12

6.016

6.144

6.144

6.144

8

8.128

8.128

8.192

10.24

12.288

12.288

20.48

24

24

30.72

51.2

51.2

0 10 20 30 40 50 60

Philippines

Germany

Poland

Hong Kong,China

Iceland

Brazil

Portugal

The U.K.

Kazakhstan

France

Italy

Taiwan,Chaina

Netherlands

Finland

Sweden

Singpore

Korea

Japan

1.21

1.08

1.07

1.01

0.93

0.93

0.83

0.69

0.63

0.51

0.49

0.36

0.36

0.34

0.3

0.24

0.23

0.14

0.08

0.07

0 0.2 0.4 0.6 0.8 1 1.2 1.4

Belgium

Brazil

Macao,China

Canada

Bosnia・Herzegovina

Portugal

Hong Kong,China

Lithuania

The U.K.

Germany

United States

Finland

France

Taiw an,Chaina

Italy

Singapore

Sw eden

Netherlands

Korea

Japan

a

©© Ministry of Internal Affairs and Communications Ministry of Internal Affairs and Communications 5

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Development of Regulatory Framework

(1) Deregulations on Market Access

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Deregulations on Japanese Telecommunications MarketDeregulations on Japanese Telecommunications Market

Telecommunications business provided by facility-baseType I Telecommunication BusinessType I Telecommunication Business

Permission from authorized Minister All telecommunications business in Japan

Telecommunications BusinessTelecommunications Business

Restrictions on Foreign Capital Participation

Market Access Procedures

Telecommunications business provided by service-baseNotification or Registration to authorized Minister

Type II Telecommunication BusinessType II Telecommunication Business

NTT (Type I)NTT (Type I)

KDD (Type I)KDD (Type I)

Other Type I CarriersOther Type I Carriers

Type II CarriersType II Carriers

Radio Stations for Telecom Business

Radio Stations for Telecom Business

abolishedabolished

abolishedabolished

abolishedabolished

19851985 19921992 19981998 20012001

1/31/3

1/31/3

No restrictionNo restriction

1/51/5

ProhibitedProhibited 1/31/3

* Incumbent operator provided domestic telecom service exclusive* Incumbent operator provided domestic telecom service exclusively ly ** incumbent operator provided international telecom service exc** incumbent operator provided international telecom service exclusivelylusively

Notification or Registration to authorized Minister

× Permission from authorized Minister

©© Ministry of Internal Affairs and Communications Ministry of Internal Affairs and Communications 7

ProhibitedProhibited

1/51/5

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0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

……19861986

TheThe numbernumber ofof Competitive Competitive CarriersCarriers

19941994 19951995 19961996 19971997 19981998 19991999 20002000 20020022 20020033 20020044 2002005519931993 20020066 20072007..4420020011

Opening of the Opening of the Japanese Telecom Japanese Telecom

Market (1985)Market (1985)

216

13,726

14,296

©© Ministry of Internal Affairs and Communications Ministry of Internal Affairs and Communications 8

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JapanJapan’’s Telecom Market (FY 2005) overalls Telecom Market (FY 2005) overall

A. Sales Transition of Major Japanese Telecommunication Market

Note 1: The above diagram is created from the financial statements (total sales revenue) based on accounting regulations for telecommunication carriers submitted by carriers that provide basic telecommunication services and the financial reports based on the accounting regulations for telecommunication operations submitted by certified telecommunications carriers (the total sales profits of telecommunication businesses and other operations except for TEPCO showing only the sales profits for their telecommunication operations).

Note 2: The sales of NTT DoCoMo and the sales of KDDI fixed and each category of au were created by settlement short lines.

©© Ministry of Internal Affairs and Communications Ministry of Internal Affairs and Communications

KDDI\3.1296 trillion

\15.7 trillion

\10 trillion

\5 trillion

\15 trillion

FY05

NTT\5.134 trillion

NTT West\2.296

NTT East\2.1253 trillion

NTT Com \1.1278 trillion

NTT DoCoMo\4.7659 trillion

au (incl. Tu-ka)\2.5103 trillion

Vodafone \1.4693

KDD \223 billion

\5.357 trillion

FY85

KDD fixed \619.3 billion

Japan Telecom \343.5 billion

The sales of major telecommunications carriers have increased three-fold since 1985.

Others \697.4 billion

NTT\10.486 trillion

(Softbank)\1.8128 trillion

Group

9

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B. Major mobile phone market

C. Major long distance/international market

NTT Com \1.1278 trillion

Space Communications \17.9 billion

KDDI \619.3 billion

Japan Telecom \343.5 billion

Fusion \70.1 billion

JSAT \40.1 billion

Approx. \2.2 trillion

Approx. 51%

D. Major local market

NTT East \2.1253 trillionNTT West \2.296 trillion

K-Opticom \92.1 billion

J-COM Group \83.6 billion

CTC \32 billion

Other power companies \151.8 billion

Approx. \4.5 trillion

Approx. 92%

JapanJapan’’s Telecom Market (FY 2005) segments Telecom Market (FY 2005) segment

NTT DoCoMo \4.7659 trillion

au \2.5103 trillion

Vodafone\1.4693 trillion

Willcom \209.8 billion

Approx. \9 trillion

Approx. 53%

©© Ministry of Internal Affairs and Communications Ministry of Internal Affairs and Communications 10

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Deregulations in Japanese Telecommunications Market

(2) Asymmetric Regulations on Dominant Carrier

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Enhancement of Regulations on Dominant carriersEnhancement of Regulations on Dominant carriers

Provision in Reference Paper

1.1 Prevention of anti-competitive practices in

telecommunications

2.2 Interconnection to be ensured

2.3 Public availability of the procedures for

interconnection negotiations

2.4 Transparency of interconnection arrangements

2.5 Interconnection: dispute settlement

1.2 Safeguards

19971997 2000200019851985

Development of rules for interconnection

Development of interconnection accounts

Authorization of interconnection

tariffs Establishment of dispute settlement

body for telecommunications

carriers

Arbitration / Order by Minister

Unbundling rule for Fiber

opticsRules for interconnection tariff

Unbundled charge

Line sharing

LRIC

Prohibition of unfair,

discriminative treatment

Accounting separation

Firewall with dominant carriersBusiness

improvement order

©© Ministry of Internal Affairs and Communications Ministry of Internal Affairs and Communications 12

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Share of service Share of service [as of 2007.9][as of 2007.9]

fiber optics only

Share of facility (subscribers line) Share of facility (subscribers line) [as of 2007.3][as of 2007.3]

50%0% 100%

100%

Fixed-line phone

FTTH

Mobile phone

0% 50%

DSL

NTT's Market ShareNTT's Market Share

※ NTT DoCoMo

Metal+Fiber optics

©© Ministry of Internal Affairs and Communications Ministry of Internal Affairs and Communications

92.592.5%%

78.978.9%%

88.288.2%%

70.570.5%%

51.1%

37.4%

Market share of broadband operator Market share of broadband operator [as of 2007.9][as of 2007.9]

NTT E/W 37.4%

Softbank BB37.4%

e-Access14.1%

ACCA

7.6%

others3.5%

DSL NTT E/W70.5%

Pow er Com panies10.2%

KDDI6.3%

USEN5.3%

others7.8%

FTTH(total)

others15.6%

KDDI5.3%

Pow er Com panies6.7%

USEN11.4%

NTT E/W60.9%

FTTH(for FLAT)

others2.5%

KDDI5.9%

Pow er Com panies13.8%

NTT E/W77.8%

FTTH(for detachedresidences, Business)

13

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70 8

0

2

4

6

8

10

12

14

16

Mar-99 Sep-99 Mar-00 Sep-00 Mar-01 Sep-01 Mar-02 Sep-02 Mar-03 Sep-03 Mar-04 Sep-04 Mar-05 Sep-05 Mar-06 Sep-06 Mar-07

DSLDSL

Cable ModemCable Modem

(millions)

FTTHFTTH

The Era of Broadband The Era of Broadband --Development of DSL serviceDevelopment of DSL service--

Establishment of collocation and Establishment of collocation and unbundling rules for access networks unbundling rules for access networks of NTT E/Wof NTT E/W

Autum n 2000Autum n 2000Autum n 2000

○ Unbundling rules are stipulated by detailed function and facility. e.g. Metal subscriber line, Optical subscriber line…

>> Unbundling regulation on Access line has provided further opportunity of non-facility based supplier to enter telecom market.

○ At the same time, the provision of collocation rule has been established.>> Service suppliers who want to interconnect with major supplier can set up their facilities in the major

supplier’s building

©© Ministry of Internal Affairs and Communications Ministry of Internal Affairs and Communications 14

OthersApprox. 62.0%

Approx. 38.0%

【End-Mar.07】

NTT E/W

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Access Charge for Line sharing of DSLAccess Charge for Line sharing of DSL

020406080

100120140160180200

FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006

NTT EastNTT West

(JPY)

Establishment of Line Sharing Regulation

187

93 101

©© Ministry of Internal Affairs and Communications Ministry of Internal Affairs and Communications 15

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70 8

0

2

4

6

8

10

12

14

16

Mar-99 Sep-99 Mar-00 Sep-00 Mar-01 Sep-01 Mar-02 Sep-02 Mar-03 Sep-03 Mar-04 Sep-04 Mar-05 Sep-05 Mar-06 Sep-06 Mar-07

DSLDSL

Cable ModemCable Modem

(millions)

FTTHFTTH

The Era of Broadband The Era of Broadband --Development of FTTH serviceDevelopment of FTTH service--

©© Ministry of Internal Affairs and Communications Ministry of Internal Affairs and Communications 16

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The Telecommunications Business Dispute Settlement CommissionThe Telecommunications Business Dispute Settlement Commission

©© Ministry of Internal Affairs and Communications Ministry of Internal Affairs and Communications

0

10

20

30

40

50

60

FY2001

FY2002

FY2003

FY2004

FY2005

FY2006

FY2007

*

MediationArbitration

Collocation4

8.3%

Payment onInterconnecti

on34

70.8%

Interconnector not

36.3%

other5

10.4%

Interconnection

Agreement2

4.2%

Total Number of Mediation and ArbitrationTotal Number of Mediation and Arbitration Number of Mediation by CaseNumber of Mediation by Case

* As of December

17

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Future Challenges

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New CompetitiNew Competitionon Promotion Program 2010Promotion Program 2010

Review of Designated Telecommunications Facilities System

1.Promotion of Facility Competition

2.Review of Interconnection Policies

3.Review of Universal Service System

4.Review of Tariff Policies

5.Other Main Policies

Calculation method for interconnection charges in relation to next-generation networks

Comprehensive Review of Competition Rules to Address the Transition to IP Based Networks(Comprehensively implemented by early 2010s)

Review of Calculation Method for Calculating Interconnection Charge of PSTN (concluded in 2007)

Review of Calculation Method for Interconnection Charges for Fiber Optic Networks (dealt with after the submittal of an application by NTT East and West)

Review of Calculation Method for Interconnection Charges of NTT East and West

©© Ministry of Internal Affairs and Communications Ministry of Internal Affairs and Communications 19

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Equitable cost distribution of networks

Neutrality of cost sharing models for upgrading the communications

networks

Equal access to networks

Neutrality of telecommunications layer with respect to other layers

(1) IP-based networks should be accessible to users and easy to use, allowing ready access to content and application layers.

(2) IP-based networks should be accessible and available to any terminal that meets the relevant technical standards, and should support terminal-to-terminal (or “end-to-end”) communication.

(3) Users should be provided with equality of access to telecommunications and platform layers at a reasonable price.

Basic Framework for Basic Framework for NNetworketwork NNeutralityeutrality

Network neutrality (from the user perspective)

Policy evaluation parameters for ensuring network neutrality

Note: In this case, "the user" refers not just to end users but also includes content providers and other related companies that conduct business using IP networks.

Specific policies deployed in an integrated manner for parameters

©© Ministry of Internal Affairs and Communications Ministry of Internal Affairs and Communications 20

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21

Ensuring all regions can have broadband access(National Broadband Strategy 2010)

20102010

Transition Period(Phase 1)

Service

Supply System

Other

Scope to be included as universal provision・ Inclusion and/or exclusion of mobile service, broadband service, IP phone service・ rational of the change of the concept from “universal service” to “universal access”

☞Voice service becomes just one component of broadband services.

Issues to be considered for the transition period・ Measures to replace number priority DB existing in the each

local central office・ The way to finance the cost for removing legacy networks.

Eligible Telecommunications Carriers (ETCs)・ The way to ensure “last resort” of universal service provision・ Requirements for ETCs, taking into consideration factors such as the diversity

of primary entities providing broadband infrastructure (ex: local governments), etc.・ Relationship between network maintenance costs and service maintenance

costs・ Service area requirements ETCs are expected to meet・ Rational for fee regulations (price-cap system), etc.

early 2010searly 2010s

・How public telephones and emergency notification will be handled with regard to the spread of IP

Universal Service in the Transition to IP NetworksUniversal Service in the Transition to IP Networks

PSTN IP Network・・Approximately 30 million FTTH subscribers (NTT midApproximately 30 million FTTH subscribers (NTT mid--range corporate strategy)range corporate strategy)

・・Market integration through the spread of broadband and IP (phasMarket integration through the spread of broadband and IP (phased ed disappearance of service demarcation)disappearance of service demarcation)

Provision by NTT East / West

Full IP networks (Phase 2)

PresentPresent

・Subscriber line access

・Public telephones

・Emergency calls

(PSTN is maistream) (Coexistence of PSTN and IP network) (Completion of shift to IP network)

Other・ How long will PSTN be preserved?・ The way to preserve universality with

regard to factors other than geographic disparity

Mechanisms for Preservation

Cost Calculation Method・ Cost calculation method for multiple transmission configurations (fixed,

wireless, etc.)・ Measures for avoiding increased cost burdens upon users

Cost Allocation Method・ Rational for specifying beneficiaries and for cost allocation method in case the

range of universal service is enhanced

Cost calculation which assumes PSTN (system where costs are borne in relation to the number of numbers owned)

Universal System for telephony

©© Ministry of Internal Affairs and Communications Ministry of Internal Affairs and Communications 21

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Thank you.

[email protected]

Thank you.

[email protected]