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Japan Cellular Telephone Implementation Measures Agreement (1994)

Exchange of Letters on Implementation of the Measures

Regarding Cellular Telephone

March 12, 1994

Dear Ambassador Kantor,

I have the honor to refer to recent bilateral discussions between the representatives of the Government of Japan and the Government of the United States of America concerning the implementation of the measures regarding cellular telephone systems in the June 30, 1989, exchange of letters between Vice Minister Okuyama of the Ministry of Posts and Telecommunications (MPT) and Ambassador Williams. It is my pleasure to inform you that as a result of these discussions, the Government of Japan is prepared to take the following measures:

Fully recognizing the actions to be undertaken by Nippon Idou Tsushin Corporation (IDO) with respect to the installation, deployment, operation, and promotion of a North American-type analog cellular telephone system (TACS) in the Tokyo-Nagoya service area, as described in the attached letter to MPT dated [ ], 1994, the letter of intent attached thereto and the deployment plan referenced therein (hereinafter collectively referred to as "the letter"), the Government of Japan will monitor and oversee completion of the actions described in the letter.

The Government of Japan will meet quarterly with the Government of the United States, or at any time upon request of either Government, to assess implementation of the actions described in the letter. If, at the time of any quarterly review, the actions called for in the letter have not been implemented, the Government of Japan, in consultation with the Government of the United States, will take all available measures to ensure compliance with the letter by the next quarterly review.

The Government of Japan will approve the request of IDO to reallocate 1.5 megahertz from within the 860-870 range of spectrum from IDO's current Hi-CAP system to IDO's TACS system. The Government of Japan will expeditiously grant all necessary permits and licenses to IDO and approvals required by IDO to complete the TACS system in accordance with the relevant laws and regulations. The Government of Japan also will give full and prompt consideration to any requests from IDO for its new tariff rates and conditions.

Sincerely,

Takakazu Kuriyama

Ambassador of Japan

Dear Ambassador Kuriyama,

I acknowledge receipt of your letter of today's date, and the letter attached thereto from Nippon Idou Tsushin Corporation (IDO) to MPT dated { }, 1994, the letter of intent attached thereto, and the deployment schedule referenced therein describes actions that IDO will undertake with respect to the installation, deployment, operation, and promotion of a North American-type analog cellular telephone system (TACS) in the Tokyo-Nagoya service area. The Government of the United States of America is of the view that the TACS system according to the terms and schedule of the letter is necessary to fulfill the objectives for the 1989 measures and exchange of letters. I am pleased to confirm that in response the to actions described in the letter and your letter, and upon completion of a mutually satisfactory deployment plan within 30 days, the Government of the United States of America will terminate all action under section 1377 of the Omnibus Trade and Competitiveness Act of 1988 on this matter. In the interim period, the section 1377 action will be formally suspended.

Sincerely,

Michael Kantor

United States Trade Representative


TANC offers these agreements electronically as a public service for general reference. Every effort has been made to ensure that the text presented is complete and accurate. However, copies needed for legal purposes should be obtained from official archives maintained by the appropriate agency.