LEGAL REGULATION OF COMMUNICATIONS

Telecommunications BusinessLaw (Law No. 86 of December 25, 1984) as amended last by: Law No. 125 of July 24, 2003

TELECOMMUNICATIONS BUSINESSLAW

(Law No. 86 of December 25, 1984)

As amended last by: Law No. 125 of July 24, 2003

Source: http://www.soumu.go.jp/joho_tsusin/eng/Resources/laws/TBL/TBL-index.html

(Unofficial Translation: In case of inconsistency, the original text in Japanese shall prevail.)

Note: For the purposes of this Law, the following rules of construction shall be applied: Except as otherwise clearly indicated by the context:

1. Any word used in the present tense includes the future tense, unless otherwise expressly indicated;
2. Any word used in the singular number includes the plural number, and the plural number includes the singular number, unless otherwise expressly indicated; and
3. Any word used in the male gender includes the female gender, unless otherwise expressly indicated.
4. With respect to effective dates of the provisions, please refer to the relevant provisions of the Supplementary Provisions.
5. Unless otherwise expressly indicated, the term "the Minister" means "the Minister for Internal Affairs and Communications".
6. Unless otherwise expressly indicated, the term "the MIC" means "the Ministry of Internal Affairs and Communications".

Contents

Chapter I. General Provisions(Article 1 through Article 5)

Chapter II.  Telecommunications Business

Section 1. General Provisions (Article6 through Article 8)
Section 2. Registration, Etc. of Business (Article9 through Article 18)
Section 3. Business Activities (Article 19 throughArticle 40)
Section 4. Telecommunications Facilities

Sub-Section 1) Telecommunications Facilitiesfor Use of Telecommunications Business (Article 41 through Article 51)
Sub-Section 2) Connection, Etc. of Terminal Facilities(Article 52 through Article 73)

Section 5. Designated Examination Agency, Etc.

Sub-Section 1) Designated ExaminationAgency (Article 74 through Article 85)
Sub-Section 2) Registered Approval Agency (Article86 through Article 103)
Sub-Section 3) Recognized Approval Body (Article104 and Article 105)

Section 6. Universal Telecommunications Service SupportInstitution (Article 106 through Article 116)

Chapter III. Use of the Land, Etc.

Section 1. Approval of Business (Article117 through Article 127)
Section 2. Use of Land (Article 128 through Article143)

Chapter IV. Telecommunications Business Dispute SettlementCommission

Section 1. Establishment and Organization(Article 144 through Article 153)
Section 2. Mediation and Arbitration (Article154 through Article 159)
Section 3. Inquiry, Etc. (Article 160 throughArticle 162)

Chapter V. Miscellaneous Provisions (Article 163 throughArticle 176)

Chapter VI. Penal Provisions (Article 177 throughArticle 193)

Supplementary Provisions

Tables

Table No. 1 (related to Article 87, Article91)
Table No. 2 (related to Article 87)

 

Chapter I. General Provisions

(Purpose)
Article 1.
The purpose of this Law, considering the public nature of telecommunications business, is, by ensuring the proper and reasonable operations of such business as well as promoting fair competition thereof, to secure the consistent provision of telecommunications service, to protect the users' benefit, and thereby to ensure both the sound development of telecommunications and the convenience of people, and to promote the public welfare.

(Definitions)
Article 2.
In this Law, with respect to the meaning of the terms given in the following items, the definition specified in each item shall apply:

i)  "Telecommunications" means transmitting, relaying or receiving codes, sounds or images by wire, radio or any other electromagnetic method.
ii) "Telecommunications facilities" means machines, equipment, wires and cables or other electrical facilities for the operation of telecommunications.
iii)  "Telecommunications service" means intermediating communications of others through the use of telecommunications facilities, or any other acts of providing telecommunications facilities for the use of communications of others.
iv)  "Telecommunications business" means business to provide telecommunications services in order to meet the demand of others (except business related to facility supplying broadcast services stipulated in Article 52-10 paragraph (1) of the Broadcast Law (Law No. 132 of 1950), wire radio broadcasting stipulated in Article 2 of the Law to Regulate the Operation of Cable Sound Broadcasting Service  (Law No. 135 of 1951), to wire broadcast telephone service stipulated in Article 2 paragraph (1) of the Law Regarding Wire Broadcast Telephones (Law No. 152 of 1957), to wire television broadcasting service stipulated in Article 2 paragraph (1) of the Cable Television Law (Law No. 114 of 1972), and to the acceptance of applications for the use of the cable television broadcasting facility in accordance with the provisions of Article 9 of said Cable Television Law).
v)  "Telecommunications carrier" means any person who has obtained registration stipulated in Article 9 to operate a telecommunications business, and has submitted a notification under the provisions of Article 16 paragraph (1).
vi)  "Telecommunications activities" means business activities of a telecommunications carrier for providing a telecommunications service.

(Prohibition of Censorship)
Article 3.
No communications being handled by a telecommunications carrier shall be censored.

(Protection of Secrecy)
Article 4.
(1)  The secrecy of communications being handled by a telecommunications carrier shall not be violated.
(2)  Any person engaged in the telecommunications business shall, while in office, maintain the secrets of others that have come to be known with respect to communications being handled by the telecommunications carrier.  The same shall apply even after this person's retirement from office.

(Treaty with Respect to Telecommunications Business)
Article 5.
Where the provisions are expressly specified in treaties with respect to telecommunications business, the provisions therefor shall prevail over this Law.

Chapter II. TelecommunicationsBusiness

Section 1. General Provisions (Article 6 through Article 8)
Section 2. Registration, Etc. of Business (Article 9 throughArticle 18)
Section 3. Business Activities (Article 19 through Article40)
Section 4. Telecommunications Facilities

Sub-Section 1) Telecommunications Facilities forUse of Telecommunications Business (Article 41 through Article 51)
Sub-Section 2) Connection, Etc. of Terminal Facilities(Article 52 through Article 73)

Section 5. Designated Examination Agency, Etc.

Sub-Section 1) Designated Examination Agency (Article74 through Article 85)
Sub-Section 2) Registered Approval Agency (Article 86through Article 103)
Sub-Section 3) Recognized Approval Body (Article 104 andArticle 105)

Section 6. Universal Telecommunications Service Support Institution(Article 106 through Article 116)

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Section 1. General Provisions (Article6 through Article 8)

(Fairness in Use)
Article 6.
Any telecommunications carrier shall not discriminate unfairly in providingtelecommunications services.

(Provision of Universal Telecommunications Services)
Article 7.
Any telecommunications carrier providing universal telecommunicationsservices (meaning telecommunications services, which are stipulated inthe applicable ministerial ordinance of the MIC that in order to ensure theprovision of such telecommunications services nationwide which are indispensablefor people's daily lives.  Hereinafter, the same shall apply.) shallmake efforts to provide such services appropriately, impartially and stably.

(Ensuring of Essential Communications)
Article 8.
(1)  Any telecommunications carrier shall, when a natural disaster,accident or any other emergency occurs or at a risk of occurrence thereof,give priority to communications whose content are necessary for the preventionof or relief from calamities, for the securing of transportation, communicationsor electric power supply, or for the maintenance of public order. The same shall apply to the other communications urgently needed to ensurethe public interest stipulated in the applicable ministerial ordinanceof the MIC.

(2)  For the cases mentioned in the preceding paragraph, a telecommunicationscarrier may, if necessary, suspend part of its telecommunications activitiesin accordance with the standards stipulated in the applicable ministerialordinance of the MIC.

(3)  Any telecommunications carrier shall, in the cases where saidtelecommunications carrier interconnects its telecommunications facilitieswith other telecommunications carriers in order to ensure smooth operationsof communications stipulated in paragraph (1) (hereinafter referred toas "essential communications") in collaboration with said other telecommunicationscarriers, take necessary measures to conclude an agreement for preferentialtreatment of essential communications and the like, as specified in theapplicable ministerial ordinance of the MIC.

Section 2. Registration, Etc. ofBusiness (Article 9 through Article 18)

(Registration of Telecommunications Business)
Article 9.
Any person who intends to operate telecommunications business shallobtain registration from the Minister.  Provided, however, that the scale oftelecommunications circuit facilities (meaning telecommunications circuitfacilities connecting transmitting points with receiving points, switchingfacilities installed as inseparable units therefrom, and other facilitiesaccessory to such facilities; hereinafter the same shall apply.) as installedby the person and the scope of areas where said telecommunications circuitfacilities are installed do not exceed the standards specified in the applicableministerial ordinance of the MIC, this shall not apply.

Article 10.
(1)  Any person who intends to obtain the registration stipulatedin the preceding article shall, as specified in the applicable ministerialordinance of the MIC, submit an application describing the following mattersto the Minister:

i)  Name and address of the applicant and, in the caseswhere the applicant is a juridical person, name of the representative
ii)  Service areas
iii)  Outline of telecommunications facilities

(2)  A written covenant stating that the applicant does not fall underany item of item i) through item iii), paragraph (1), Article 12, and otherdocuments specified in the applicable ministerial ordinance of the MIC shallbe attached to the application referred to in the preceding paragraph.

(Implementation of Registration)
Article 11.
(1)  When an application for the registration under Article 9is submitted, the Minister shall register the following matters on the telecommunicationscarriers registration book, except where the Minister shall refuse theregistration in accordance with the provisions of paragraph (1) of thefollowing article:

i)  Matters specified in each item of paragraph (1) ofthe preceding article
ii)  Date and registration number

(2)  The Ministershall, when registered in accordance with the provisions of the precedingparagraph, send without delay to the applicant a notification to that effect.

(Refusal of Registration)
Article 12.
(1)  Where a person who has submitted an application of Article10 paragraph (1) falls under any of the following items, or where saidapplication or any document attached thereto includes any false entrieson any important matter or fails to describe any important information,the Ministershall refuse the registration:

i)  Any person who has been sentenced to a fine or severerpenalty in accordance with the provisions of this Law, the Wire TelecommunicationsLaw (Law No. 96 of 1953) or the Radio Law (Law No. 131 of 1950) and a termof two years has not yet elapsed since the day on which the person's sentenceor suspended sentence was served out
ii)  Any person whose registration was revoked in accordance withthe provisions of Article 14 paragraph (1) if a term of two years has notyet elapsed since the day of revocation
iii)  Any juridical person or association which has as an officeranyone who falls under any of the preceding two items
iv)  Any person where it is deemed that the launch of telecommunicationsservice of said person is inappropriate for the sound development of telecommunications

(2)  The Ministershall, where registration has been refused in accordance with the provisionsof the preceding paragraph, notify the person concerned to that effectin writing with reasons attached thereto.

(Registration of Change, Etc.)
Article 13.
(1)  Any person who has obtained registration under Article 9shall, before it changes any of the matters specified in item ii) or iii)of paragraph (1) of Article 10, obtain registration of change by the Minister. This shall not apply, however, to such minor changes specified in the applicableministerial ordinance of the MIC.

(2)  Any person who intends to obtain registration of change underthe preceding paragraph shall, as specified in  the applicable ministerialordinance of the MIC, submit to the Minister an application which describes thematters pertaining to the change.

(3)  The provisions of Article 10 paragraph (2), Article 11 andthe preceding article shall apply, mutatis mutandis, to the registrationof change under paragraph (1).  In this case, "the following matters"in Article 11 paragraph (1) shall be read as "the matters pertaining tothe change"; and "Where a person who has submitted an application referredof Article 10 paragraph (1) falls under any of the following items" inparagraph (1) of the preceding article shall be read as "Where a personwho has submitted an application for registration pertaining to changefalls under any of the following items (except item ii))".

(4)  Any person  registered in accordance with the provisionsof Article 9 shall, when any of the matters specified in Article 10 paragraph(1) item i) has been changed or any of minor changes specified in the provisoof paragraph (1) has been made,  submit without delay a notificationto the Ministerto that effect.  The Minister shall, upon receipt of said notification,change without delay said registration.

(Revocation of Registration)
Article 14.
(1)  The Minister may revoke registration under Article 9, if a personregistered under the same article falls under any of the following items:

i)  When said person  registered under Article 9has violated the provisions of this Law, or any orders or administrativedispositions thereunder and, hence, is determined that the public interestis being hindered
ii)  When the person has obtained registration under Article 9or registration of change under paragraph (1) of the preceding articlethrough dishonest means
iii)  When the person has come to fall under Article 12 paragraph(1) item i) or iii)

(2)  The provisions of Article 12 paragraph (2) shall apply, mutatismutandis, to the cases under the preceding paragraph.

(Striking Out of Registration Record)
Article 15.
When a notification of the discontinuation of all of the operationsof telecommunications business or of the dissolution thereof has been submittedin accordance with the provisions of Article 18 paragraph (1) or paragraph(2), or when the Minister has revoked registration in accordance with the provisionsof paragraph (1) of the preceding article, the Minister shall strike outthe registration record of said person registered under Article 9.

(Notification of Telecommunications Business)
Article 16.
(1)  Any person (except a person who has to obtain registrationunder Article 9) who intends to operate a telecommunications business shall,as specified in  the applicable ministerial ordinance of the MIC, submita notification to that effect to the Minister with documents that describe thefollowing matters:

i)  Name and address of the applicant and, in the caseswhere the applicant is a juridical person, name of the representative
ii)  Service areas
iii)  Outline of telecommunications facilities (limited to thecases where the person installs telecommunications facilities for telecommunicationsbusiness under Article 44 paragraph (1))

(2)  Any person who has submitted a notification in accordance withthe preceding paragraph shall, when any of the matters specified in itemi) of the same paragraph has been changed, submit without delay a notificationto the Ministerto that effect.

(3)  Any person who has submitted a notification in accordancewith the paragraph (1) shall, before it changes any of the matters specifiedin item ii) or item iii) of the same paragraph, submit a notification to the Ministerto that effect.  This shall not apply, however, to such minor changesspecified in the applicable ministerial ordinance of the MIC.

(Succession)
Article 17.
(1)  Where transfer of all of the operations of telecommunicationsbusiness, or merger, break-up (limited to those succeeding to all of theoperations of telecommunications business) or inheritance with respectto a telecommunications carrier has been completed, the transferee whohas taken over all of the operations of that business, or the juridicalperson who continues to exist after merger or who has been establishedas a result of merger, or the juridical person who has succeeded to allof the operations of said business after break-up or the inheritor (wherethere are two or more inheritors, one who has succeeded to said telecommunicationscarrier after consultations among inheritors concerned.  Hereinafterin this paragraph the same shall apply.), shall succeed to the telecommunicationscarrier status.  Provided, however, that where said telecommunicationscarrier is a person who is registered under Article 9, if the transfereewho has taken over all of the operations of said telecommunications business,or the juridical person who continues to exist after merger or who hasbeen established as a result of merger, or the juridical person who hassucceeded to all of the operations of said telecommunications businessafter break-up or the inheritor falls under any of Article 12 paragraph(1) item i) through item iii), this shall not apply.

(2)  Any person who has succeeded to the telecommunications carrierstatus in accordance with the provisions of the preceding paragraph shallsubmit without delay a notification to the Minister to that effect.

(Suspension and Discontinuation of Business, and Dissolution of JuridicalPerson)
Article 18.
(1)  When a telecommunications carrier has suspended or discontinuedpart or all of the operations of its telecommunications business, saidtelecommunications carrier shall submit without delay a notification tothe Ministerto that effect.

(2)  When a juridical person who is a telecommunications carrierhas been dissolved due to reasons other than merger, the liquidator incharge (or the trustee in bankruptcy in the case of dissolution due tobankruptcy) shall submit without delay a notification to the Minister to that effect.

(3)  When a telecommunications carrier intends to suspend or discontinuepart or all of the operations of its telecommunications business, as specifiedin the applicable ministerial ordinance of the MIC, the telecommunications carriershall inform fully to that effect to users (meaning persons concludingcontracts with a telecommunications carrier to receive telecommunicationsservices.  Hereinafter the same shall apply.) of said telecommunicationsbusiness to be suspended and discontinued.  Provided, however, thatin the cases where suspension or discontinuation of a telecommunicationsbusiness specified in the applicable ministerial ordinance of the MIC as thosehaving a comparatively small influence on the users' benefit, this shallnot apply.

Section 3. Business Activities (Article19 through Article 40)

(Tariffs for Universal Telecommunications Services)
Article 19.
(1)  A telecommunications carrier providing universal telecommunicationsservices shall establish tariffs concerning terms and conditions includingcharges relating to the carrier's universal telecommunications services(except matters pertaining to technical requirements to be authorized inaccordance with the provisions of Article 52 paragraph (1) or Article 70paragraph (1) item i), and matters specified in the applicable ministerialordinance of the MIC) and shall submit  said tariffs to the Minister priorto application thereof, as specified in the applicable ministerial ordinanceof the MIC. The same shall also apply when such tariffs are to be amended.

(2)  The Minister may, if it is deemed that the tariffs notified in accordancewith the provisions of the preceding paragraph fall under any of the followingitems, order said telecommunications carrier providing universal telecommunicationsservices to change said tariffs within a reasonable time period:

i)  If calculating methods of charges are not stipulatedproperly and clearly.
ii)  If the tariffs related to the responsibilities to be assumedby a telecommunications carrier and its users, and allocation methods ofcosts related to installation and other works of telecommunications facilitiesare not properly and clearly stipulated.
iii)  If the tariffs unreasonably restrict utilization conditionsof the telecommunications circuit facilities.
iv)  If the tariffs include the provisions that unfairly discriminateagainst specified persons.
v)  If due consideration is not paid to the matters relating toessential communications.
vi)  If the tariffs impair the users' benefit because lead toillicit competition with other telecommunications carriers, or the tariffsare extremely improper in light of socioeconomic conditions.

(3)  With respect to terms and conditions including charges to bespecified in tariffs in accordance with the provisions of paragraph (1),no telecommunications carrier providing universal telecommunications servicesshall provide said universal telecommunications services otherwise thanpursuant to the tariffs notified in accordance with the provisions of thesame paragraph.  This shall not apply, however, where charges forsaid universal telecommunications services specified in the tariffs arereduced or exempted in accordance with the provisions of the followingparagraph.

(4)  A telecommunications carrier providing universal telecommunicationsservices may, in accordance with the standards specified in the applicableministerial ordinance of the MIC, reduce or exempt charges for said universaltelecommunications services specified in the tariffs notified in accordancewith the provisions of paragraph (1).

(Security Tariff for Designated Telecommunications Services)
Article 20.
(1)  A telecommunications carrier providing designated telecommunicationsservices (meaning telecommunications services, which are provided by atelecommunications carrier installing Category I designated telecommunicationsfacilities stipulated in Article 33 paragraph (2) through use of said CategoryI designated telecommunications facilities, in consideration of circumstancesthat other telecommunications services substituting said telecommunicationsservices are not sufficiently provided by other telecommunications carriers,by securing the provision of telecommunications services based on properterms and conditions including charges through use of said Category I designatedtelecommunications facilities of said telecommunications carrier installingCategory I designated telecommunications facilities, and which are specifiedas telecommunications services especially necessary for protecting theusers' benefit in the applicable ministerial ordinance of the MIC. Hereinafter the same shall apply.) shall establish tariffs concerning termsand conditions including charges relating to the carrier's designated telecommunicationsservices (except matters pertaining to technical requirements to be authorizedin accordance with the provisions of Article 52 paragraph (1) or Article70 paragraph (1) item i), and matters specified in the applicable ministerialordinance of the MIC.  The same shall apply to paragraph (5) and Article25 paragraph (2).) and shall submit said tariffs to the Minister prior to applicationthereof , as specified in the applicable ministerial ordinance of the MIC. The same shall also apply when such tariffs are to be amended.

(2) With respect to designated telecommunications services, which areuniversal telecommunications services, the provisions of the precedingparagraph (including the cases where the provisions that shall be readas the provisions in accordance with the provisions of paragraph (4) apply.)shall not apply to such telecommunications services.

(3) The Ministermay, when it is deemed that the tariffs (hereinafter referred to as "securitytariffs".) notified in accordance with the provisions of paragraph (1)(including the cases where the provisions that shall be read as the provisionsin accordance with the following paragraph apply.) fall under any of thefollowing items, order said telecommunications carrier providing designatedtelecommunications services to change said security tariffs within a reasonabletime period:

i)  If calculating methods of charges are not stipulatedproperly and clearly
ii)  If the tariffs related to the responsibilities to be assumedby a telecommunications carrier and its users, and allocation methods ofcosts related to installation and other works of telecommunications facilities,are not properly and clearly stipulated
iii)  If the tariffs unreasonably restrict utilization conditionsof the telecommunications circuit facilities
iv)  If the tariffs include provisions that unfairly discriminateagainst specified persons
v)  If due consideration is not paid to the matters relating toessential communications
vi)  If the tariffs impair the users' benefit because the tariffslead to illicit competition with other telecommunications carriers, orthe tariffs are extremely improper in light of socioeconomic conditions

(4) With respect to tariffs to be notified for the first time from theday of designation of telecommunications facilities in accordance withparagraph (1) to the Minister by a telecommunications carrier installing saidnewly designated telecommunications facilities in accordance with the provisionsof Article 33 paragraph (1), "shall submit said tariffs to the Minister priorto application thereof as specified in the applicable ministerial ordinanceof the MIC. The same shall also apply when such tariffs are to be amended." in paragraph(1) shall be read as "shall submit said tariffs within three months fromthe day of new designation in accordance with the provisions of Article33 paragraph (1) the Minister in accordance with the applicable ministerial ordinanceof the MIC.".

(5) No telecommunications carrier providing designated telecommunicationsservices shall, except as may be otherwise agreed upon terms and conditionsincluding charges for said designated telecommunications services withother parties, provide said designated telecommunications services unlessotherwise than pursuant to terms and conditions including charges specifiedin the security tariffs.  This shall not apply, however, where chargesfor said designated telecommunications services specified in the securitytariffs are reduced or exempted in accordance with the provisions of thefollowing paragraph.

(6) A telecommunications carrier providing designated telecommunicationsservices may, in accordance with the standards specified in the applicableministerial ordinance of the MIC, reduce or exempt charges for said designatedtelecommunications services specified in the security tariffs.

(Charges for Specified Telecommunications Services)
Article 21.
(1)  The Minister shall, at least once a year, as specified in the applicableministerial ordinance of the MIC, specify the level of charges that may benormally realized in consideration of reasonable cost based upon managerialefficiency, commodity prices and other economic conditions with use ofthe charge index (meaning figures that represent the level of charges forindividual categories of telecommunications services, which are calculatedwith the methods specified in the applicable ministerial ordinance of theMICbased upon charges that depend on the distance and speed of communicationsor other classifications, and based upon the amount of traffic, numberof circuits, etc. to which these charges are applied.  Hereinafterthe same shall apply.) for telecommunications services (meaning specifiedtelecommunications services being designated telecommunications services,which are specified in the applicable ministerial ordinance of the MIC as thosehaving a significant influence on the users' benefit from the perspectiveof its content, the scope of users, etc.  Hereinafter the same shallapply.) concerning individual categories of the specified telecommunicationsservices specified in the applicable ministerial ordinance of the MIC, and theMinistershall notify telecommunications carriers providing said specified telecommunicationsservices of the charge index (hereinafter referred to as the "standardcharge index") within the number of days before the day of applicationthereof specified in the applicable ministerial ordinance of the MIC.

(2)  Any telecommunications carrier providing specified telecommunicationsservices shall, notwithstanding the provisions of Article 19 paragraph(1) or paragraph (1) of the preceding article (including the cases wherethe provisions that shall be read as the provisions in accordance withthe provisions of paragraph (4) of the same article apply), obtain authorizationof the Ministerwhere it intends to change charges concerning specified telecommunicationsservices and if the charge index after said change exceeds the standardcharge index pertaining to said specified telecommunications services.

(3)  Upon receipt of application for authorization of the precedingparagraph, the Minister shall grant authorization of the same paragraph if itis deemed that there are specific reasons making it difficult to complywith the charges of a charge index being equivalent to or below the standardcharge index, and that the charges after the change pertaining to saidapplication do not fall under any of the following items:

i)  Calculating methods of charges are not stipulatedproperly and clearly.
ii)  The charges after the change unfairly discriminate againstspecified persons.
iii)  The charges after the change impair the users' benefit becausethe charges lead to illicit competition with other telecommunications carriers,or the charges are extremely improper in light of socioeconomic conditions.

(4) The Ministershall, after the application of the standard charge index and where a chargeindex of the charges concerning specified telecommunications services,to which said standard charge index applies, should exceed said standardcharge index, except if it is deemed that there are specific reasons makingit difficult to comply with the charges of a charge index being equivalentto or below said standard charge index, order telecommunications carriersproviding said specified telecommunications services, to change the chargesof said specified telecommunications services within a reasonable timeperiod.

(5)  The charges of telecommunications services (limited to universaltelecommunications services) to be provided by telecommunications carriersinstalling telecommunications facilities which had been Category I designatedtelecommunications facilities stipulated in Article 33 paragraph (2) usingsaid telecommunications facilities, and which had already obtained authorizationin accordance with the provisions of paragraph (2) at the time of the revocationof the designation specified in the provisions of Article 33 paragraph(1), shall be deemed to be the charges notified in accordance with theprovisions of Article 19 paragraph (1).

(6)  With respect to charges to be authorized in accordance withthe provisions of paragraph (2), no telecommunications carrier providingspecified telecommunications services shall provide said specified telecommunicationsservices otherwise than pursuant to the charges authorized in accordancewith the provisions of the same paragraph.  This shall not apply,however, where the charges for said specified telecommunications servicesare reduced or exempted in accordance with the provisions of the followingparagraph.

(7)  A telecommunications carrier providing specified telecommunicationsservices may, in accordance with the standards specified in the applicableministerial ordinance of the MIC, reduce or exempt charges for said specifiedtelecommunications services authorized in accordance with the provisionsof paragraph (2).

(Recording Amount of Traffic, Etc.)
Article 22.
Any telecommunications carrier providing specified telecommunicationsservices shall keep records of the amount of traffic, number of circuits,etc. of its specified telecommunications services in accordance with themethods specified in the applicable ministerial ordinance of the MIC.

(Posting, Etc. of Tariffs, Etc.)
Article 23.
(1)  Any telecommunications carrier providing universal telecommunicationsservices, designated telecommunications services or specified telecommunicationsservices shall, as specified in the applicable ministerial ordinance ofthe MIC,publish tariffs (including the technical requirements authorized in accordancewith the provisions of Article 52 paragraph (1) or Article 70 paragraph(1) item i)) notified in accordance with the provisions of Article 19 paragraph(1) or Article 20 paragraph (1) (including the cases where the provisionsthat shall be read as the provisions in accordance with the provisionsof paragraph (4) of the same article apply) or charges authorized in accordancewith the provisions of Article 21 paragraph (2) as well as post thereofat its business offices and other workplaces in a manner in which suchtariffs and charges can easily be seen by the general public.

(2)  The provisions of the preceding paragraph shall apply, mutatismutandis, to the terms and conditions pertaining to the matters specifiedin the applicable ministerial ordinance of the MIC under Article 19 paragraph (1)or Article 20 paragraph (1).

(Putting Accounts in Order)
Article 24.
Any telecommunications carrier providing universal telecommunicationsservices or designated telecommunications services shall put accounts inorder in accordance with the account headings and accounting practicesspecified in the applicable ministerial ordinance of the MIC, with the purposeof facilitating the proper calculation of charges relating to the universaltelecommunications services or the designated telecommunications servicesprovided by said telecommunications carrier.

(Obligation to Provide Services)
Article 25.
(1) Any telecommunications carrier providing universal telecommunicationsservices shall not, without due reason, refuse to provide universal telecommunicationsservices within its service areas.

(2) Any telecommunications carrier providing designated telecommunicationsservices shall not, except as may be otherwise agreed upon terms and conditionsincluding charges for said designated telecommunications services withother parties, without due reason, refuse to provide said designated telecommunicationsservices pursuant to terms and conditions including charges specified inthe security tariffs within its service areas.

(Accountability on Terms and Conditions)
Article 26.
Telecommunications carriers and persons who perform conclusion of contractsas business of intermediary, commission or procuration concerning the provisionof telecommunications services from other telecommunications carriers (hereinafterreferred to as "telecommunications carrier, etc.") shall, when intendingto perform conclusion of contracts, contracts as business of intermediary,commission or procuration concerning the provision of telecommunicationsservices that are specified as telecommunications services pertaining topeople's daily lives in the applicable ministerial ordinance of the MIC, withpersons who intend to receive telecommunications services (except personswho are telecommunications carriers), explain outlines of terms and conditionsincluding charges concerning said telecommunications services to the persons,as specified in the applicable ministerial ordinance of the MIC.

(Procedure for Processing Complaints, Etc.)
Article 27.
Any telecommunications carrier shall, properly and promptly, processcomplaints and inquiries from users (including persons who intend to receivetelecommunications services and except persons who are telecommunicationscarriers.  The same shall apply to Article 29 paragraph (2)) concerningoperations methods of said telecommunications carrier pertaining to telecommunicationsservices specified in the applicable ministerial ordinance of the MIC underthe preceding article or telecommunications services provided by said telecommunicationscarrier specified in the applicable ministerial ordinance of the MIC underthe same article.

(Reporting on Suspension, Etc. of Business Activities)
Article 28.
When a telecommunications carrier has suspended part of its telecommunicationsactivities in accordance with the provisions of Article 8 paragraph (2),or when with respect to telecommunications activities, a violation of secrecyof communications or any other significant accident specified in the applicableministerial ordinance of the MIC has occurred, it shall report to that effectwithout delay together with the reason or cause to the Minister.

(Order to Improve Business Activities)
Article 29.
(1)  The Minister may, if it is deemed that business activities of a telecommunicationscarrier fall under any of the following items, insofar as necessary toensure the users' benefit or the public interest, order said telecommunicationscarrier to take actions to improve operations methods or other measures:

i) When there is hindrance in ensuring secrecy of communicationswith respect to the operations methods of the telecommunications carrier
ii) When the telecommunications carrier unfairly discriminates againstspecified persons
iii) When the telecommunications carrier does not pay due considerationto the matters relating to essential communications
iv) When the users' benefit is impaired because of calculation methodsfor amounts of charges concerning telecommunications services (except universaltelecommunications services or designated telecommunications services (limitedto specified telecommunications services provided pursuant to terms andconditions including charges specified in security tariffs.).  Thesame shall apply in the following item through item vii).) provided bythe telecommunications carrier are not proper and clear
v) When the users' benefit is impaired because terms and conditionsincluding charges concerning telecommunications services provided by thetelecommunications carrier lead to illicit competition with other telecommunicationscarriers, or are extremely improper in light of socioeconomic conditions
vi) When the users' benefit is impaired because terms and conditions(except charges.  The same shall apply in the following item.) concerningtelecommunications services provided by the telecommunications carrierdo not properly and clearly specify matters concerning responsibilitiesto be assumed by the telecommunications carrier and its users, and allocationmethods of costs related to installation and other works of telecommunicationsfacilities
vii) When terms and conditions concerning telecommunications servicesprovided by the telecommunications carrier unreasonably restrict utilizationconditions of telecommunications circuit facilities
viii) When the telecommunications carrier fails to promptly make repairsor to take other actions necessary to remove the hindrance caused by anaccident to the provision of telecommunications services
ix) When, in addition to the preceding items, the users' benefit isimpaired as a result of inappropriate operations methods of the telecommunicationscarrier
x) When there is a risk of extreme impairment of the public interest because the telecommunications carrier fails to fulfill in good faith theobligations imposed by treaties or other international agreements withrespect to the international telecommunications activities
xi) When there is a risk of extreme impairment of the public interest because proper operations of other telecommunications carriers are interferedwith, due to the fact that the telecommunications carrier unfairly discriminatesagainst a specified telecommunications carrier in interconnecting or sharingtelecommunications facilities or in providing wholesale telecommunicationsservices (meaning telecommunications services for use of telecommunicationsbusiness of other telecommunications carriers.  Hereinafter the sameshall apply.), or to the fact that the telecommunications carrier conductsother unfair operations concerning such services
xii) When there is a risk of extreme impairment of the public interest because the telecommunications carrier's telecommunications business whichprovides telecommunications services without installing telecommunicationscircuit facilities for satisfying a demand pertaining to the telecommunicationsservices makes it difficult for the telecommunications carrier to financiallymaintain its telecommunications circuit facilities pertaining to the samedemand, which provides the telecommunications services by installing telecommunicationscircuit facilities which have been designed to satisfy said demand

(2) When a telecommunications carrier violates the provisions of Article26 or a telecommunications carrier violates the provisions of Article 27,the Ministermay, to the extent necessary to ensure the users' benefit, order said telecommunicationscarrier to improve operations methods or take other actions.

(Prohibited Acts, Etc.)
Article 30.
(1) As specified in the applicable ministerial ordinance of the MIC, the Minister may,regarding telecommunications carriers installing Category II designatedtelecommunications facilities stipulated in Article 34 paragraph (2), wherethe ratio of the previous year's profit pertaining to business activitiesof the provision of telecommunications services using said Category IIdesignated telecommunications facilities in said previous year's totalprofit pertaining to all business activities of the provision of the sametype of telecommunications services in the same service area pertainingto said telecommunications services surpasses the ratio specified in theapplicable ministerial ordinance of the MIC, when it is deemed necessaryto ensure proper competition with other telecommunications carriers inconsideration of the trend of said ratio and other circumstances, designatesaid telecommunications carriers installing said Category II designatedtelecommunications facilities as telecommunications carriers to whom theprovisions of paragraphs (3) through (5) shall apply.

(2)  The Minister shall, when it is deemed that there is no longer thenecessity for designation specified in the preceding paragraph, revokesaid designation.

(3)  Telecommunications carriers designated in accordance withthe provisions of paragraph (1) and telecommunications carriers installingCategory I designated telecommunications facilities stipulated in Article33 paragraph (2) shall not conduct acts listed in the following items:

i)  Abuse or the provision of proprietary informationon other telecommunications carriers or the users thereof, which was acquiredthrough interconnection business with telecommunications facilities ofsaid other telecommunications carriers, for purposes other than said business
ii)  In providing telecommunications services, unduly favorabletreatment or advantageous act, or unduly unfavorable treatment or disadvantageousact toward specified telecommunications carriers
iii)  Undue compulsion or intervention upon business of othertelecommunications carriers (including those who engage in telecommunicationsbusiness listed in each item of Article 164 paragraph (1)), or manufacturersor sellers of telecommunications facilities

(4)  The Ministermay, when it is deemed that there is a violation of the provisions of thepreceding paragraph, order to cease or change said acts toward telecommunicationscarriers designated in accordance with the provisions of paragraph (1)or telecommunications carriers installing Category I designated telecommunicationsfacilities  stipulated in Article 33 paragraph (2).

(5)  Telecommunications carriers designated in accordance withthe provisions of paragraph (1) and telecommunications carriers installingCategory I designated telecommunications facilities stipulated in Article33 paragraph (2) shall, as specified in the applicable ministerial ordinanceof the MIC,put accounts in order in accordance with the account headings and accountingpractices specified in the applicable ministerial ordinance of the MIC, and publicizeprofit and loss statements concerning telecommunications services and othermatters concerning accounting specified in the applicable ministerial ordinanceof the MIC.

Article 31.
(1)  Where a telecommunications carrier installing Category Idesignated telecommunications facilities stipulated in Article 33 paragraph(2) is a juridical person, its officers shall not concurrently be officersof subsidiaries (referred to subsidiaries specified in Article 211-2 paragraph(1) of the Commercial Code (Law No. 48 of 1899).  Hereinafter thesame shall apply in this paragraph.) of said telecommunications carrier,a parent company (referred to a parent company stipulated in Article 211-2paragraph (1) of the Commercial Code.  Hereinafter the same shallapply in this paragraph and Article87 paragraph (1) item iii) a).) whosesubsidiary is said telecommunications carrier or subsidiary of said parentcompany (except said telecommunications carrier) that are designated bythe Minister(hereinafter referred to as "telecommunications carrier having specialrelations").

(2)  Any telecommunication carrier (limited to the cases of a juridicalperson.  The same shall apply in this article) installing CategoryI designated telecommunications facilities stipulated in Article 33 paragraph(2) shall not conduct acts listed in the following items.  Provided,however, that there are unavoidable reasons specified in the applicableministerial ordinance of the MIC, this shall not apply.

i)  To give other telecommunications carriers unfavorabletreatment in comparison with telecommunications carriers having specialrelations in installation or maintenance of telecommunications facilitiesnecessary for interconnection with Category I designated telecommunicationsfacilities stipulated in Article 33 paragraph (2), use of land and buildingsand other works firmly affixed thereto, or the provision of information
ii)  To give other telecommunications carriers unfavorable treatmentin comparison with telecommunications carriers having special relationsin intermediary, commission or procuration of conclusion of contracts concerningthe provision of telecommunications services, or other business entrustmentfrom other telecommunications carriers

(3)  The Ministermay, when it is deemed that there are acts of violation of the provisionsof the preceding paragraph, order telecommunications carriers installingCategory I designated telecommunications facilities stipulated in Article33 paragraph (2), to cease or change said acts.

(4)  Telecommunications carriers installing Category I designatedtelecommunications facilities stipulated in Article 33 paragraph (2) shall,every year, as specified in the applicable ministerial ordinance of theMIC,report the Ministerof matters specified in the applicable ministerial ordinance of the MIC concerningmeasures taken for abiding by the provisions of the paragraph (2) and implementationstatus thereof.

(Interconnection with Telecommunications Circuit Facilities)
Article 32.
Any telecommunications carrier shall agree to the request for interconnectionof its telecommunications circuit facilities being installed by said telecommunicationscarrier from other telecommunications carriers with telecommunicationsfacilities of said other telecommunications carriers, except the caseslisted in the following items:

i)  Where there is a risk of hindering the smooth provisionof telecommunications services
ii)  Where there is a risk that said interconnection may unfairlyimpair the interest of said telecommunications carrier
iii)  Where there are due reasons specified in the applicableministerial ordinance of the MIC in addition to the cases listed in the precedingtwo items

(Interconnection with Category I Designated TelecommunicationsFacilities)
Article 33.
(1)  The Minister may, as specified in the applicable ministerial ordinanceof the MIC,designate,  the procedure in each area which is specified in the applicableministerial ordinance of the MIC by dividing the nation from the viewpointof the area of prefectures and of the actual usage of telecommunicationsservices, the combined total of: the transmission line facilities, oneend of which is connected to the users' telecommunications facilities (exceptmobile terminal facilities (referred to users' telecommunications facilitieswhich are radio facilities of moving radio stations.  The same shallapply to paragraph (1) of the following article)), and that are installedby one telecommunications carrier, where the ratio of the number of telecommunicationscircuits of the transmission line facilities to the number of telecommunicationscircuits in all transmission line facilities of the same kind installedin the same area exceeds the ratio specified in the applicable ministerialordinance of the MIC, and the telecommunications facilities installed insaid area by said telecommunications carrier as an integral part of saidfacilities and which is specified in the applicable ministerial ordinanceof the MIC,as the telecommunications facilities which interconnection with the telecommunicationsfacilities of other telecommunications carriers is essential for the enhancementof the users' benefit and the comprehensive and rational development oftelecommunications.

(2)  Any telecommunications carrier installing telecommunicationsfacilities designated in accordance with the provisions of the precedingparagraph (hereinafter referred to as "Category I designated telecommunicationsfacilities") shall establish interconnection tariffs which specify theamount of money which said telecommunications carrier installing said CategoryI designated telecommunications facilities will receive (hereinafter inthis article referred to as "interconnection charges") and other termsand conditions of interconnections, including technical requirements atinterconnection points with telecommunications facilities of other telecommunicationscarriers, distinctions as to type of telecommunications carriers for whichcharges of telecommunications services are specified (hereinafter referredto as "terms and conditions of interconnections"), in terms of the interconnectionof said Category I designated telecommunications facilities with the telecommunicationsfacilities of other telecommunications carriers, and shall obtain authorizationfrom the Minister. The same shall also apply where such interconnection tariffs are to beamended.

(3) Interconnection charges and terms and conditions of interconnectionsspecified in the interconnection tariffs to be authorized in accordancewith the preceding paragraph, which are specified in the applicable ministerialordinance of the MIC as those having a comparatively small influence on theenhancement of the users' benefit as well as comprehensive and rationaldevelopment of telecommunications, notwithstanding the same paragraph,are not required to obtain authorization thereof.

(4)  The Minister shall grant authorization stipulated in paragraph (2)(including the cases where the provisions that shall be read as the provisionsin accordance with the provisions of paragraph (16) apply.  Hereinafterthe same shall apply in this paragraph, paragraph (6), paragraph (9), paragraph(10) and paragraph (14)) when an application of paragraph (2) is deemedto conform to any of the following items:

i)  Matters listed in the following sub-items shall bespecified properly and clearly:

a)  Technical requirements at those points which are specifiedas standard in the applicable ministerial ordinance of the MIC among thoseinterconnection points where the interconnection of telecommunicationsfacilities with other telecommunications carriers is technically and economicallyfeasible.
b)  Interconnection charges by individual function specified inthe applicable ministerial ordinance of the MIC.
c)  Matters related to the responsibilities of a telecommunicationscarrier installing Category I designated telecommunications facilitiesand those of other telecommunications carriers who establish interconnectionwith them.
d)  Distinctions as to type of telecommunications carriers forwhich charges of telecommunications services are specified.
e) In addition to the matters listed in a) through d), the mattersspecified in the applicable ministerial ordinance of the MIC as necessary toaccomplish smooth interconnection with Category I designated telecommunicationsfacilities.

ii)  The interconnection charges shall be fair and justifiable inlight of the costs calculated in accordance with the methods specifiedin the applicable ministerial ordinance of the MIC as a fair amount based on efficientmanagement cost.
iii)  The terms and conditions of interconnections shall be noless favorable than those applicable when a telecommunications carrierinstalling Category I designated telecommunications facilities accomplishesinterconnection between the Category I designated telecommunications facilitiesand the telecommunications facilities of its own.
iv)  It shall not be unduly discriminating against specified telecommunicationscarriers.

(5)  The methods specified in the applicable ministerial ordinanceof the MICunder item ii) of the preceding paragraph (limited to the methods whichspecify interconnection charges for, of the functions specified in theapplicable ministerial ordinance of the MIC under b) of item i) of the sameparagraph, those specified in the applicable ministerial ordinance of theMICas deemed to have the potential to significantly improve efficiency pertainingto said functions in the provision of telecommunications services throughintroduction of advanced new technologies and interconnection with CategoryI designated telecommunications facilities) shall, in the cases where telecommunicationsservices are reorganized to increase efficiency of Category I designatedtelecommunications facilities through incorporation of advanced new telecommunicationstechnologies available on an ordinary basis, enable calculation of thecosts through the interconnection with said Category I designated telecommunicationsfacilities paying due consideration to the amount of traffic pertainingto telecommunications services to be provided through use of said CategoryI designated telecommunications facilities or expenses pertaining to saidCategory I designated telecommunications facilities which are to be increasedaccording to the increase in the number of circuits.

(6) The Ministermay, when it is deemed that there is hindrance in promoting the publicinterest because interconnection charges specified in interconnection tariffsauthorized under paragraph (2) come to be inappropriate in light of costsstipulated in paragraph (4) item ii) or terms and conditions of interconnectionsspecified in said interconnection tariffs come to be extremely inappropriatedue to fluctuation of socioeconomic circumstances, order telecommunicationscarriers installing Category I designated telecommunications facilitiesto apply for authorization of change of said interconnection tariffs, withina reasonable time period.

(7)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall establish interconnection tariffs,that are interconnection charges and terms and conditions of interconnectionsconcerning interconnections with Category I designated telecommunicationsfacilities installed by said telecommunications carrier, specified in theapplicable ministerial ordinance of the MIC specified in paragraph (3) andsubmit a notification prior to application thereof to the Minister.  Thesame shall also apply where such interconnection tariffs are to be amended.

(8) The Ministermay, when it is deemed that promotion of the public interest is impairedby the interconnection charges or terms and conditions of interconnectionsspecified in the interconnection tariffs in accordance with the provisionsof the preceding paragraph (including the cases where the provisions thatshall be read as the provisions in accordance with the provisions of paragraph(17) apply), order telecommunications carriers installing Category I designatedtelecommunications facilities to change said interconnection tariff withina reasonable time period.

(9)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall not, otherwise than pursuant to interconnectiontariffs authorized in accordance with the provisions of paragraph (2) ornotified in accordance with the provisions of paragraph (7) (includingthe cases where the provisions that shall be read as the provisions inaccordance with the provisions of paragraph (17) apply.) (Hereinafter inthis article referred to as "authorized interconnection tariffs, etc.".)enter into an agreement nor amend an agreement for interconnections betweenother telecommunications carriers concerning the Category I designatedtelecommunications facilities installed by said telecommunications carrier.

(10)  Notwithstanding the provisions of the preceding paragraph,if there are specific circumstances making conformity with authorized interconnectiontariffs, etc. difficult, a telecommunications carrier installing CategoryI designated telecommunications facilities may, subject to the authorizationof the Minister,enter into or amend an agreement concerning interconnections with CategoryI designated telecommunications facilities installed by said telecommunicationscarrier under different interconnection charges and terms and conditionsof interconnections (limited to those conforming to any items [except itemi) a) and b)] in paragraph (4), for those falling under the category ofinterconnection charges and terms and conditions of interconnections stipulatedin paragraph (2)) than those specified in the authorized interconnectiontariffs, etc.

(11)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall publish the authorized interconnectiontariffs, etc., as specified in the applicable ministerial ordinance ofthe MIC.

(12)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall, as specified in the applicable ministerialordinance of the MIC, by individual function specified in the applicableministerial ordinance of the MIC under b) of item i) of paragraph (4) pertainingto interconnections with said Category I designated telecommunicationsfacilities, keep records of the amount of traffic or the number of circuits,or other matters specified in the applicable ministerial ordinance of theMIC(referred to as "amount of traffic, etc." in paragraph (14)).

(13)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall, as specified in the applicable ministerialordinance of the MIC, put accounts in order relating to interconnectionswith Category I designated telecommunications facilities, and based onthe results of the accounting, shall disclose the profit and loss statementsrelating to the interconnections and other matters specified in the applicableministerial ordinance of the MIC.

(14)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall, with respect to interconnection chargesstipulated in paragraph (5), upon surpassing the term specified in theapplicable ministerial ordinance of the MIC not exceeding five years sinceit obtained authorization under paragraph (2), recalculate the interconnectionchargesbased on records of the amount of traffic, etc. and the results of accountskept in order specified in the same paragraph, in order to keep the interconnectioncharges fair and justifiable in light of the costs calculated with themethods specified in the applicable ministerial ordinance of the MIC underparagraph (4) item ii); with respect to interconnection charges other thanthe abovementioned case, said telecommunications carrier shall do the samewhen it has settled accounts for each business year in accordance withthe provisions of the preceding paragraph.

(15)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall make efforts to offer information necessaryfor other telecommunications carriers to accomplish smooth interconnectionsof their telecommunications facilities with the Category I designated telecommunicationsfacilities.

(16) With respect to interconnection charges and terms and conditionsof interconnections specified in the interconnection tariffs to be authorizedby the Ministerin accordance with paragraph (2) for the first time from the day of newdesignation of telecommunications facilities installed by a telecommunicationscarrier in accordance with paragraph (1), "shall obtain authorization fromthe Minister. The same shall also apply where such interconnection tariffs are to beamended." in paragraph (2) shall be read as "shall apply for authorizationwithin three months from the day of new designation in accordance withthe provisions of the preceding paragraph to the Minister.".

(17) With respect to interconnection charges and terms and conditionsof interconnections specified in the interconnection tariffs to be notifiedto the Ministerin accordance with the provisions of paragraph (7) for the first time fromthe day of new designation in accordance with the provisions of paragraph(1) of telecommunications facilities installed by a telecommunicationscarrier, "submit a notification prior to application thereof to the Minister. The same shall also apply where such interconnection tariffs are to beamended." in the same paragraph"  shall be read as "shall submit anotification of the tariffs within three months from the day of new designationin accordance with the provisions of paragraph (1)to the Minister.".

(18) With respect to an interconnection agreement concerning a newlydesignated telecommunications facilities, among agreements in force whichwere concluded by a telecommunications carrier installing newly designatedtelecommunications facilities in accordance with the provisions of paragraph(1) concerning interconnections of telecommunications facilities with othertelecommunications carriers, on the day of authorization from the Minister to theinterconnection tariff that has been applied for authorization by saidtelecommunications carrier in accordance with the provisions of paragraph(2) that shall be read as the provisions to be applied in accordance withthe provisions of paragraph (16), or on the day when said telecommunicationscarrier has submitted a notification of interconnection tariff in accordancewith the provisions of paragraph (7) that shall be read as the provisionsto be applied in accordance with the provisions of the preceding paragraph,whichever is later (hereinafter referred to as the "starting day of thecomputation" in this paragraph), the provisions of paragraph (9) shallnot apply within three months calculating from the starting day of thecomputation.

(Interconnection with Category II Designated Telecommunications Facilities)
Article 34.
(1)  The Minister may, as specified in the applicable ministerial ordinanceof the MIC,designate the combined total of: the transmission line facilities, oneend of which is connected to the specified mobile terminal facilities (referredto mobile terminal facilities specified in the applicable ministerial ordinanceof the MIC. The same shall apply in this paragraph.), and that are installed by onetelecommunications carrier, where the ratio of number of said specifiedmobile terminal facilities connected to all the transmission line facilitiesto all the specified mobile terminal facilities connected to all the transmissionline facilities of the same kind installed in the same area pertainingto telecommunications services utilizing said transmission line facilities,exceeds the ratio specified in the applicable ministerial ordinance ofthe MIC,and the telecommunications facilities installed by said telecommunicationscarrier in order to provide said telecommunications services and that arespecified in the applicable ministerial ordinance of the MIC, as the designatedtelecommunications facilities that shall ensure appropriate and smoothinterconnections with the telecommunications facilities of other telecommunicationscarriers.

(2)  Any telecommunications carrier installing telecommunicationsfacilities designated in accordance with the provisions of the precedingparagraph (hereinafter referred to as "Category II designated telecommunicationsfacilities") shall, concerning interconnections between said Category IIdesignated telecommunications facilities and telecommunications facilitiesof other telecommunications carriers, establish interconnection tariffson the amount of money said telecommunications carrier installing CategoryII designated telecommunications facilities receive and terms and conditionsof interconnections, and submit a notification prior to application thereofto the Minister,as specified in the applicable ministerial ordinance of the MIC.  Thesame shall also apply where such interconnection tariffs are to be amended.

(3)  The Minister may, when it is deemed that the interconnection tariffssubmitted as a notification specified in accordance with the provisionsof the preceding paragraph (including the cases where the provisions thatshall be read as the provisions in accordance with the provisions of paragraph(6) apply) fall under any of the following items, order said telecommunicationscarrier installing said Category II designated telecommunications facilitiesto change said interconnection tariffs within a reasonable time period:

i)  Where matters concerning responsibilities of telecommunicationscarriers installing Category II designated telecommunications facilitiesand other telecommunications carriers that interconnect their telecommunicationsfacilities with said Category II designated telecommunications facilitiesare not properly and clearly stipulated
ii) Where technical requirements at interconnection points with telecommunicationsfacilities of other telecommunications carriers are not properly and clearlystipulated
iii) Where distinctions as to type of telecommunications carriers forwhich charges of telecommunications services are specified are not properlyand clearly stipulated
iv)  Where the amount of money to be received by telecommunicationscarriers installing Category II designated telecommunications facilitiessurpasses the sum of reasonable costs and reasonable profit under efficientmanagement
v)  Where the interconnection tariffs place undue conditions toother telecommunications carriers
vi)  Where the interconnection tariffs unfairly discriminate againstspecified telecommunications carriers

(4)  Any telecommunications carrier installing Category II designatedtelecommunications facilities shall neither, otherwise than pursuant tointerconnection tariffs notified in accordance with the provisions of paragraph(2) (including the cases where the provisions that shall be read as theprovisions in accordance with the provisions of paragraph (6) apply. The same shall apply in the following paragraph.), enter into an agreementnor amend an agreement for interconnections between other telecommunicationscarriers concerning the Category II designated telecommunications facilities.

(5)  Any telecommunications carrier installing Category II designatedtelecommunications facilities shall, as specified in the applicable ministerialordinance of the MIC, publish the interconnection tariffs notified in accordancewith the provisions of paragraph (2).

(6) With respect to the amount of charges and terms and conditions ofinterconnections specified in the interconnection tariffs to be notifiedto the Ministerin accordance with the provisions of paragraph (2) for the first time fromthe day of new designation of telecommunications facilities installed bya telecommunications carrier in accordance with paragraph (1), "submita notification prior to application thereof to the Minister, as specified inthe applicable ministerial ordinance of the MIC.  The same shall also applywhere such interconnection tariffs are to be amended."  in paragraph(2) shall be read as "submit a notification of the interconnection tariffswithin three months from the day of new designation in accordance withthe provisions of the preceding paragraph to the Minister.".

(7) With respect to an interconnection agreement concerning a newlydesignated telecommunications facilities, among agreements in force whichwere concluded by a telecommunications carrier installing newly designatedtelecommunications facilities in accordance with the provisions of paragraph(1) concerning interconnections of telecommunications facilities with othertelecommunications carriers, on the day of notification (hereinafter referredto as "the day of notification" in this paragraph) to the Minister of the interconnectiontariffs that has been notified by said telecommunications carrier in accordancewith the provisions of paragraph (2) that shall be read as the provisionsto be applied in accordance with the provisions of preceding paragraph,the provisions of paragraph (4) shall not apply within three months calculatingfrom the day of notification.

(Order, Etc. Concerning Interconnections of Telecommunications Facilities)
Article 35.
(1)  Where a telecommunications carrier, in spite of other telecommunicationscarrier's proposal to enter into an agreement to interconnect telecommunicationsfacilities of said telecommunications carrier with telecommunications facilitiesof said other telecommunications carrier, does not accept entering intoa consultation or where said consultation fails to come to an agreement,the Ministershall, upon petition of said telecommunications carrier who proposed saidagreement, order said other telecommunications carrier to start or reopenthe consultation, except the cases where it is deemed that such interconnectionsfall under any item of Article 32 and an application for arbitration isfiled under the provisions of Article 155 paragraph (1).

(2)  Where, in addition to the cases stipulated in the precedingparagraph, in spite of one's proposal to enter into an agreement to interconnecttelecommunications facilities between telecommunications carriers , theother party does not accept entering into a consultation or where saidconsultation fails to come to an agreement, the Minister may, upon request of one ofsaid telecommunications carriers, order the other telecommunications carrierto start or reopen the consultation when it is deemed such interconnectionsespecially necessary and appropriate to promote the public interest, exceptthe cases where an application for arbitration under the provisions ofArticle 155 paragraph (1) is filed.

(3)  Where a consultation between the parties concerned about theinterconnections to telecommunications facilities of a telecommunicationscarrier fail to come to an agreement with respect to such details as theamount of money to be received and paid by them or other details includingterms and conditions of interconnections, a telecommunications carrierwho installs telecommunications facilities to be connected to said telecommunicationsfacilities of the telecommunications carrier may apply for an award tothe Minister. However, in the cases where the parties filed an application for arbitrationin accordance with the provisions of Article 155 paragraph (1), this shallnot apply.

(4)  When consultations between the parties concerned, except thecases stipulated in the preceding paragraph, after an order has been issuedin accordance with the provisions of paragraph (1) or paragraph (2), failto come to an agreement with respect to such details as the amount of moneyto be received and to be paid by them or other details including termsand conditions of interconnections, the party (or parties) may apply foran award to the Minister.

(5)  The Minister shall, upon receipt of such application for the awardspecified in the provisions of the preceding two paragraphs, notify theother party (or parties) of the application, and shall give the party (orparties) an opportunity to present answers in writing within a term tobe prescribed by the Minister.

(6)  The Minister shall, upon issuing such award under paragraph (3) orparagraph (4), notify without delay the party (parties) to that effect.

(7)  When the award of paragraph (3) or paragraph (4) has beenissued, the consultations between or among the parties shall be deemedto have come to an agreement, prescribed by the award.

(8)  Any of the parties who is dissatisfied with the award of paragraph(3) or paragraph (4) with respect to the amount of money to be paid orreceived by the party (or parties), may demand an increase or decreasein the amount by filing a lawsuit within three months of the day on whichthis party learns the results of the award.

(9)  In the case of a lawsuit of the preceding paragraph, the otherparty (or parties) shall be the defendant(s).

(10)  In lodging a petition of opposition to the award of paragraph(3) or paragraph (4), dissatisfaction with the amount of money to be paidor received by the party (or parties) shall not constitute grounds fordissatisfaction with the award.

(Plans as to Change or Addition of Functions of Category I DesignatedTelecommunications Facilities)
Article 36.
(1)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall submit a notification to the Minister whenthe telecommunications carrier has a plan to change or add to the existingfunctions (except those specified in the applicable ministerial ordinanceof the MIC)of said Category I designated telecommunications facilities,  as specifiedin the applicable ministerial ordinance of the MIC, within the number of days beforethe day of starting up said installation specified in the applicable ministerialordinance of the MIC.  The same shall apply to the cases where the planduly submitted is to be changed.

(2)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall, as specified in the applicable ministerialordinance of the MIC, publish the plan submitted in accordance with the provisionsof the preceding paragraph.

(3)  The Minister may, when there has been a notification in accordancewith the provisions of paragraph (1) and when it is deemed, as a resultof the implementation of the plan, that there is a risk of hindering thesmooth interconnections between Category I designated telecommunicationsfacilities and the telecommunications facilities of other telecommunicationscarriers, recommend said telecommunications carrier installing said CategoryI designated telecommunications facilities to change the plan.

(Agreement on Sharing Category I Designated Telecommunications Facilities)
Article 37.
(1)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall, when it enters into an agreement withother telecommunications carriers to share said Category I designated telecommunicationsfacilities, or amends such an agreement, as specified in the applicableministerial ordinance of the MIC, submit a notification in advance to the Minister.

(2) Any telecommunications carrier installing newly designated telecommunicationsfacilities in accordance with the provisions of Article 33 paragraph (1)shall, as specified in the applicable ministerial ordinance of the MIC, submitwithout delay a notification of an agreement concerning agreements on sharingof said telecommunications facilities among agreements in force betweensaid telecommunications carrier and other telecommunications carriers onthe day of said designation to the Minister.

(Order, Etc. Concerning Shared Use of Telecommunications Facilities)
Article 38.
(1)  Where, in spite of one party's proposal to enter into anagreement to share telecommunications facilities between telecommunicationscarriers, the other party does not accept entering into consultation orwhere such consultation fails to come to an agreement, the Minister may, uponrequest of one of said telecommunications carriers, order the other telecommunicationscarrier to start or reopen the consultation, when it is deemed such sharingespecially necessary and appropriate to promote the public interest, exceptwhen an application for arbitration is filed under the provisions of Article155 paragraph (1) applied, mutatis mutandis, in Article 156 paragraph (1).

(2)  The provisions of Article 35 paragraphs (3) through (10) areapplied, mutatis mutandis, to sharing of telecommunications facilities.In this case, "terms and conditions of interconnections" in Article 35paragraphs (3) and (4) shall be read as "terms and conditions for sharing";"installs telecommunications facilities to be connected to said telecommunicationsfacilities of the telecommunications carrier" in Article 35 paragraph (3)shall be read as "intends to enter into an agreement with telecommunicationscarriers"; "Article 155 paragraph (1)" in Article 35 paragraph (3) shallbe read as "Article 155 paragraph (1) applied, mutatis mutandis, in Article156 paragraph (1)"; and, "paragraph (1) or paragraph (2)" in Article 35paragraph (4) shall be read as "Article 38 paragraph (1)".

(Application, Mutatis Mutandis, to the Provision of Wholesale TelecommunicationsServices)
Article 39.
The provisions of Article 35 paragraphs (3) through (10) and paragraph(1) of the preceding article shall apply, mutatis mutandis, to the provisionof wholesale telecommunications services.  In this case, "terms andconditions of interconnections" in Article 35 paragraphs (3) and (4) shallbe read as "terms and conditions"; "agreement" in Article 35 paragraphs(3) and (4) and paragraph (1) of the preceding article shall be read as"contract"; "installs telecommunications facilities to be connected tosaid telecommunications facilities of the telecommunications carrier" inArticle 35 paragraph (3) shall be read as "intends to enter into a contractwith a telecommunications carrier"; "Article 155 paragraph (1)" in Article35 paragraph (3) shall be read as "Article 155 paragraph (1) applied, mutatismutandis, in Article 156 paragraph (2)"; "paragraph (1) or paragraph (2)"in Article 35 paragraph (4) shall be read as "Article 38 paragraph (1)applied, mutatis mutandis, in Article 39"; "such sharing" in paragraph(1) of the preceding article shall be read as "such provision"; and, "Article156 paragraph (1)" shall be read as "Article 156 paragraph (2)".

(Authorization of Agreements, Etc. with Foreign Governments, Etc.)
Article 40.
Any telecommunications carrier shall obtain authorization from theMinisterbefore the telecommunications carrier enters into, amends or terminatesan agreement or contract with a foreign government, or person or juridicalperson concerning telecommunications activities and includes importantmatters specified in the applicable ministerial ordinance of the MIC.

Section 4. Telecommunications Facilities

Sub-Section 1) Telecommunications Facilitiesfor Use of Telecommunications Business (Article 41 through Article 51)

(Maintenance of Telecommunications Facilities)
Article 41.
(1)  Any telecommunications carrier installing telecommunicationscircuit facilities shall maintain its telecommunications facilities (exceptthose specified in the applicable ministerial ordinance of the MIC as thosehaving a minor influence on the users' benefit in the cases of damage orfailure, etc. thereof) for use of its telecommunications business in compliancewith the technical conditions specified in the applicable ministerial ordinanceof the MIC.

(2) Any telecommunications carrier providing universal telecommunicationsservices shall maintain its telecommunications facilities (except telecommunicationsfacilities stipulated in the preceding paragraph) for use of its telecommunicationsbusiness for providing said universal telecommunications services in compliancewith the technical conditions specified in the applicable ministerial ordinanceof the MIC.

(3)  The technical conditions of the preceding two paragraphs shallbe so specified as to ensure the following matters:

i)  The provision of telecommunications service shallnot be extremely hindered by damage or failure of telecommunications facilities.
ii)  Quality of telecommunications services shall maintain anappropriate level.
iii)  Secrecy of communications shall not be violated.
iv)  Telecommunications facilities of users or other telecommunicationscarriers connected shall not be damaged or impaired, nor shall functionsthereof be impaired.
v)  The demarcation of responsibilities between the telecommunicationsfacilities of a telecommunications carrier and those of others shall beclearly stipulated.

(Self-Confirmation of Compliance of Telecommunications Facilitiesby Telecommunications Carriers)
Article 42.
(1) Any telecommunications carrier installing telecommunications circuitfacilities shall, as specified in the applicable ministerial ordinanceof the MIC,when intending to start operating telecommunications facilities stipulatedin paragraph (1) of the preceding article, confirm itself that said telecommunicationsfacilities (except those specified in the applicable ministerial ordinanceof the MIC)are in compliance with the technical conditions specified in the applicableministerial ordinance of the MIC under the same paragraph.

(2) The provisions of the preceding paragraph shall apply, mutatis mutandis,to the cases where a telecommunications carrier installing telecommunicationscircuit facilities intends to change matters of Article 10 paragraph (1)item iii) or Article 16 paragraph (1) item iii).  In this case, "saidtelecommunications facilities" in the preceding paragraph shall be readas "telecommunications facilities stipulated in paragraph (1) of the precedingparagraph after said change".

(3) Any telecommunications carrier installing telecommunications circuitfacilities shall, in the cases where the telecommunications carrier hasconfirmed compliance in accordance with the provisions of paragraph (1)(including the cases where paragraph (1) shall apply, mutatis mutandis,in the preceding paragraph), as specified in the applicable ministerialordinance of the MIC, before it starts operating telecommunications facilitiesstipulated in the same paragraph, submit a notification of the resultsof self-compliance confirmation to the Minister.

(4) The provisions of the preceding three paragraphs shall apply, mutatismutandis, to the case where a telecommunications carrier providing universaltelecommunications services intends to start operating telecommunicationsfacilities stipulated in paragraph (2) of the preceding article. In this case, "paragraph (1) of the preceding article" in paragraph (2)shall be read as "paragraph (2) of the preceding article".

(Order to Comply with Technical Conditions)
Article 43.
(1) The Ministermay, when it is deemed that telecommunications facilities stipulated inArticle 41 paragraph (1) fail to comply with the technical conditions stipulatedin the applicable ministerial ordinance of the MIC under the same paragraph, ordera telecommunications carrier installing said telecommunications facilitiesto repair or improve said telecommunications facilities so as to make themcomply with the technical conditions, or may restrict the use thereof.

(2) The provisions of the preceding paragraph shall apply, mutatis mutandis,to the cases where the Minister deems that telecommunications facilities stipulatedin Article 41 paragraph (2) fail to comply with the technical conditionsspecified in the applicable ministerial ordinance of the MIC under the same paragraph.

(Administrative Rules)
Article 44.
(1)  Any telecommunications carrier shall, as specified in theapplicable ministerial ordinance of the MIC, establish administrative rulesgoverning telecommunications facilities for telecommunications businessstipulated  in Article 41 paragraphs (1) or (2) (hereinafter referredto as "telecommunications facilities for telecommunications business"),in order to ensure the reliable and stable provision of telecommunicationsservices, and submit a notification of the administrative rules to theMinisterprior to the commencement of its telecommunications business.

(2)  When a telecommunications carrier has amended its administrativerules, it shall submit without delay a notification of the amended mattersto the Minister.

(Chief Telecommunications Engineer)
Article 45.
(1)  Any telecommunications carrier shall, as specified in theapplicable ministerial ordinance of the MIC, appoint chief telecommunicationsengineers selected from persons who have chief telecommunications engineer'slicenses, and place them in charge of the supervision of matters relatedto the installation, maintenance and operation of telecommunications facilitiesfor the telecommunications business.  Provided, however, that thetelecommunications facilities for the telecommunications business are smallscale ones or otherwise specified in the applicable ministerial ordinanceof the MIC,this shall not apply.

(2)  Any telecommunications carrier shall, when it has appointedchief telecommunications engineers in accordance with the provisions ofthe preceding paragraph,  submit without delay a notification to thateffect to the Minister. The same shall apply to the case of the dismissal of any of its chief telecommunicationsengineers.

(Chief Telecommunications Engineer's License)
Article 46.
(1)  Chief telecommunications engineer's licenses for switchingtechnology, for transmission technology and for line technology shall beclassified in the applicable ministerial ordinance of the MIC.

(2)  The scope of matters, with respect to the installation, maintenanceand operation of telecommunications facilities, allowed to be supervisedby a person who has a chief telecommunications engineer's license, shallbe specified in the applicable ministerial ordinance of the MIC, accordingto the class of the chief telecommunications engineer's license under thepreceding paragraph.

(3)  The Minister shall grant a chief telecommunications engineer's licenseto those persons who fall under any of the following items:

i)  A person who has passed the qualification examinationfor chief telecommunications engineers
ii)  A person who has completed a training course, which has beencertified by the Minister as complying with the standards specified in the applicableministerial ordinance of the MIC, for persons wishing to have a chief telecommunicationsengineer's license granted
iii)  A person whom the Minister recognizes as having expert knowledge andability not less than that of the persons listed in the preceding two paragraphs

(4)  The Ministermay, notwithstanding the provisions of the preceding paragraph, refuseto grant a chief telecommunications engineer's license to those personswho come under any of the following items:

i)  A person whose chief telecommunications engineer'slicense has been revoked in accordance with the provisions of the followingarticle, if a term of one year has not yet elapsed since the day of revocation
ii)  A person who has been sentenced to a fine or severer penaltyin accordance with the provisions of this Law, if a term of two years hasnot yet elapsed since the day on which the sentence was fulfilled or suspended

(5)  The procedural matters concerning the grant of chief telecommunicationsengineer's licenses shall be specified in the applicable ministerial ordinanceof the MIC.

(Return of Chief Telecommunications Engineer's License)
Article 47.
When a person who has a chief telecommunications engineer's licenseviolates the provisions of this Law or the orders issued thereunder, theMinistermay order the person to return the chief telecommunications engineer'slicense to the Minister.

(Qualification Examination for Chief Telecommunications Engineers)
Article 48.
(1)  The qualification examination for chief telecommunicationsengineers shall be conducted with respect to expert knowledge and abilitynecessary for the installation, maintenance and operation of telecommunicationsfacilities.

(2)  The qualification examination for chief telecommunicationsengineers shall be conducted by the Minister for each class of chief telecommunicationsengineer's license.

(3)  The subjects, application procedures and other details ofthe qualification examination for chief telecommunications engineers shallbe specified in the applicable ministerial ordinance of the MIC.

(Obligations of Chief Telecommunications Engineers)
Article 49.
Any chief telecommunications engineer shall in good faith exercisehis or her functions of the supervision of matters related to the installation,maintenance and operation of telecommunications facilities for telecommunicationsbusiness.

(Standards for Telecommunications Numbers)
Article 50.
(1)  Any telecommunications carrier shall, where the telecommunicationscarrier provides telecommunications services through use of telecommunicationsnumbers (meaning numbers, signs or other codes which a telecommunicationscarrier, upon the provision of telecommunications services, uses for theidentification of telecommunications facilities in order to connect betweenthe place of transmission and the place of reception, or for the identificationof the type or content of transmission the telecommunications facilitiesare to deliver.  The same shall apply hereinafter), ensure that thetelecommunications numbers shall comply with the standards specified inthe applicable ministerial ordinance of the MIC.

(2)  The standards specified in the preceding paragraph shall beones by which the following matters will be ensured:

i)  By using the telecommunications numbers, telecommunicationscarriers and the user shall clearly and easily identify telecommunicationsfacilities or the type or content of the telecommunications service.
ii) To firmly ensure the necessary telecommunications numbers whichare needed for the provision of telecommunications services
iii)  To avoid as much as possible the change of telecommunicationsnumbers
iv)  To ensure fair and efficient use of telecommunications numbers

(Compliance Order)
Article 51.
When it is deemed that the telecommunications numbers that a telecommunicationscarrier uses in making connection of its telecommunications facilitieswith those of other telecommunications carriers, or which the telecommunicationscarrier uses for handling urgently communications in light of the publicinterest, do not to comply with the standards specified in the applicableministerial ordinance of the MIC under paragraph (1) of the preceding article,the Ministermay order said telecommunications carrier to change said telecommunicationsnumbers to comply with the standards, or may prohibit usage thereof.

Sub-Section 2) Connection, Etc. of TerminalFacilities (Article 52 through Article 73)

(Technical Conditions for Connection of Terminal Facilities)
Article 52.
(1)  When a telecommunications carrier receives a request froma user for the connection of his or her terminal facilities (meaning telecommunicationsfacilities which are to be connected to one end of telecommunications circuitfacilities and part of which is to be installed on the same premises [includingthe areas regarded as the same premises] or in the same building whereany other part thereof is also to be installed.  Hereinafter the sameshall apply.) with its telecommunications circuit facilities (except thosespecified in the applicable ministerial ordinance of the MIC as those havinga minor influence on the users' benefit in the cases of damage or failure,etc.  The same shall apply in Article 69 and Article 70.), the telecommunicationscarrier shall not refuse the request, except in the cases specified inthe applicable ministerial ordinance of the MIC, including the cases where theconnection does not comply with the technical conditions (including technicalrequirements established, subject to the authorization of the Minister, by saidtelecommunications carrier or other telecommunications carriers whose telecommunicationsfacilities are connected to said telecommunications carrier specified inthe applicable ministerial ordinance of the MIC.  The same shall applyin the following paragraph and Article 69.) specified in the applicableministerial ordinance of the MIC.

(2)  The technical conditions of the preceding paragraph shallbe so provided as to ensure the following matters:

i)  The telecommunications circuit facilities shall notbe damaged, nor shall functions thereof be impaired.
ii)  Any nuisance shall not be caused to other users of the telecommunicationscircuit facilities.
iii)  The demarcation of responsibilities between the telecommunicationscircuit facilities established by a telecommunications carrier and terminalfacilities connected to them by a user shall be clearly stipulated.

(Technical Conditions Compliance Approval of Terminal Equipment)
Article 53.
(1)  A person who has been registered in accordance with the provisionsof Article 86 paragraph (1) (hereinafter referred to as a "registered approvalagency") shall, when another person requests the registered approval agencyto issue a technical conditions compliance approval (meaning an approvalthat terminal equipment complies with the technical conditions specifiedin the applicable ministerial ordinance of the MIC under paragraph (1) of the precedingarticle.  Hereinafter the same shall apply.) pertaining to its registration,as specified in the applicable ministerial ordinance of the MIC, examinethe request and shall issue a technical conditions compliance approvalonly when the terminal equipment (meaning equipment of specified typesof terminal facilities specified in the applicable ministerial ordinanceof the MIC. Hereinafter the same shall apply.) pertaining to said request is deemedto comply with the technical conditions specified in the applicable ministerialordinance of the MIC under paragraph (1) of the preceding article.

(2)  When a registered approval agency issues a technical conditionscompliance approval pertaining to its registration, the registered approvalagency shall affix the mark to the terminal equipment to that effect, asspecified in the applicable ministerial ordinance of the MIC.

(3)  No person shall, except when the mark is affixed in accordancewith the provisions of the preceding paragraph (including the cases wherethe preceding paragraph shall apply, mutatis mutandis, in Article 104 paragraph(4)), Article 58 (including the cases where Article 58 shall apply, mutatismutandis, in Article 104 paragraph (7) ) or Article 65, affix such a markor any other misleading mark to any terminal equipment within Japan.

(Order to Prevent Disturbance)
Article 54.
Where the Ministerdeems that terminal equipment being given a technical conditions complianceapproval by a registered approval agency and being affixed the mark ofparagraph (2) of the preceding article does not comply with the technicalconditions specified in the applicable ministerial ordinance of the MIC underArticle 52 paragraph (1), and, that there is a risk that the use of saidterminal equipment should disturb communications of other users via telecommunicationscircuit facilities, the Minister may, when deemed to be especially necessaryfor preventing expansion of said disturbance, order the person being givensaid technical conditions compliance approval to take necessary measuresfor preventing expansion of disturbance caused by said terminal equipment.

(Cases Where Terminal Equipment Is Deemed to Have No Mark)
Article 55.
(1) In the cases where terminal equipment being given a technical conditionscompliance approval by a registered approval agency and being affixed themark in accordance with the provisions of Article 53 paragraph (2) doesnot comply with the technical conditions specified in the applicable ministerialordinance of the MIC under Article 52 paragraph (1), when deemed to be especiallynecessary for preventing occurrence of disturbance in communications ofother users via telecommunications circuit facilities, said terminal equipmentshall be deemed to have no mark in accordance with the provisions of Article53 paragraph (2).

(2) The Ministershall, when terminal equipment is deemed to have no mark in accordancewith the provisions of the preceding paragraph, issue a public notice tothat effect.

(Certification of Type of Terminal Equipment)
Article 56.
(1)  A registered approval agency shall, when receiving a requestfrom a person who performs a business of dealing in terminal equipment,certify that the type of its terminal equipment (hereinafter referred toas the "certification of type of terminal equipment") complies with thetechnical conditions stipulated in the applicable ministerial ordinanceof the MICunder Article 52 paragraph (1) (including the method to verify that eachterminal equipment coincides with said type).

(2) In the cases where a registered approval agency has received a requestfor certification of type of terminal equipment pertaining to its registration,the registered approval agency shall examine the request, as specifiedin the applicable ministerial ordinance of the MIC, and shall certify the typeof terminal equipment only when the type of terminal equipment pertainingto said request is deemed to comply with the technical conditions specifiedin the applicable ministerial ordinance of the MIC under Article 52 paragraph (1)and only when it is deemed that any of the terminal equipment based onsaid type is ensured to coincide with said type.

(Obligations to Coincide with Type)
Article 57.
(1) Any person who obtained a certification of type of terminal equipmentfrom a registered approval agency (hereinafter referred to as a "certifieddealer") shall, where dealing in terminal equipment based on the type pertainingto said certification of type of terminal equipment (hereinafter referredto as a "certified type"), make said terminal equipment coincide with saidcertified type.

(2) Any certified dealer shall, in accordance with the method for confirmationpertaining to the certification of type of terminal equipment, inspectterminal equipment of the preceding paragraph pertaining to the dealing,as specified in the applicable ministerial ordinance of the MIC, make theinspection record thereon and keep thereof.

(Mark of Terminal Equipment Based on Certified Type)
Article 58.
A certified dealer may, when the certified dealer, with respect toterminal equipment based on a certified type, has fulfilled the obligationspecified in the provisions of paragraph (2) of the preceding article,affix the mark specified in the applicable ministerial ordinance of theMICto said terminal equipment.

(Order to Take Measures toward Certified Dealer)
Article 59.
The Ministermay, when the it is deemed that a certified dealer violates the provisionsof Article 57 paragraph (1), order said certified dealer to take necessarymeasures for improving the method of confirmation pertaining to the certificationof type of terminal equipment.

(Prohibition of Affixing the Mark)
Article 60.
(1) The Ministermay, in the cases listed in the following items, prohibit a certified dealerfrom affixing the mark of Article 58 to terminal equipment based on a certifiedtype or type specified in said items within a term of two years.

i) Where terminal equipment based on a certified type doesnot comply with the technical conditions specified in the applicable ministerialordinance of the MIC under Article 52 paragraph (1), when deemed especiallynecessary for preventing occurrence of disturb communications of otherusers via telecommunications circuit facilities (except the cases listedin item vi)):  the certified type of said terminal equipment
ii) When a certified dealer has violated the provisions of Article57 paragraph (2):  the certified type of terminal equipment pertainingto said violation
iii) When a certified dealer has violated the order in accordance withthe provisions of the preceding article:  the certified type of terminalequipment pertaining to said violation
iv) When a certified dealer has obtained a certification of type ofterminal equipment through dishonest means from a registered approval agency: the type pertaining to said certification of type of terminal equipment
v) When a registered approval agency has granted a certification oftype of terminal equipment in violation of the provisions of Article 56paragraph (2) or Article 91 paragraph (2) applied, mutatis mutandis, inArticle 103:  the type pertaining to said certification of type ofterminal equipment
vi) Where the technical conditions specified in the applicable ministerialordinance of the MIC under Article 52 paragraph (1) have been changed, whenit is deemed that the type being given a certification of type of terminalequipment before said change does not comply with the technical conditionsafter said change:  said type

(2) The Ministershall, when prohibiting the affixing of the mark to terminal equipmentin accordance with the provisions of the preceding paragraph, issue a publicnotice to that effect.

(Application, Mutatis Mutandis)
Article 61.
The provisions of Article 54 shall apply, mutatis mutandis, to certifieddealers, and the provisions of Article 55 shall apply, mutatis mutandis,to terminal equipment based on a certified type.  In these cases,"terminal equipment being given a technical conditions compliance approvalby a registered approval agency" in Article 54 shall be read as "terminalequipment based on a certified type"; "paragraph (2) of the preceding article"in Article 54 and "Article 53 paragraph (2)" in Article 55 paragraph (1)shall be read as "Article 58"; "the person having said technical conditionscompliance approval" in Article 54 shall be read as "the person havinga technical conditions compliance approval pertaining to said certifiedtype".

(Foreign Dealers)
Article 62.
(1) Where a person who obtained a technical conditions compliance approvalfrom a registered approval agency is a foreign dealer (meaning a personwho performs, in a foreign country, a business of dealing in terminal equipmentto be used in Japan.  Hereinafter the same shall apply.), with respectto application of the provisions of Article 54 to said foreign dealer,"order" in the same article shall be read as "request".

(2) Where a certified dealer is a foreign dealer, with respect to applicationof the provisions of Article 54 applied, mutatis mutandis, in Article 59,Article 60 paragraph (1) item iii) and the preceding article to said foreigndealer, "order" in Article 54 applied, mutatis mutandis, in Article 59and the preceding article shall be read as "request"; "has violated theorder" in Article 60 paragraph (1) item iii) shall be read as "has notmet the request"; and "said violation" in the same item shall be read as"said request".

(3) In addition to the provisions of Article 60 paragraph (1), the Minister may,in the cases listed in the following items, prohibit a foreign dealer whohas obtained a certification of type of terminal equipment from a registeredapproval agency from affixing the mark of Article 58 to terminal equipmentbased on a certified type specified in said items within a term of twoyears.

i) Where the Minister intends to make said foreign dealer reportto the Minister in accordance with the provisions of Article 166 paragraph(2) applied, mutatis mutandis, in paragraph (3) of the same article, whensaid foreign dealer fails to submit a report or makes a false report: the certified type of terminal equipment pertaining to said report
ii) Where the Minister intends to delegate any ministerial staff to carry outinspection at business offices, business establishments or other workplacesof said foreign dealer in accordance with the provisions of Article 166paragraph (2) applied, mutatis mutandis, in paragraph (3) of the same article,when the inspection was refused, obstructed or evaded:  the certifiedtype of terminal equipment pertaining to said inspection
iii) When said foreign dealer has not met the request to which theprovisions of Article 167 paragraph (1) that shall be read as the provisionsof paragraph (6) of the same article apply:  the certified type ofterminal equipment pertaining to said request

(4) When the Ministershall, in accordance with the provisions of the preceding paragraph, prohibitedthe affixing of the mark, issue a public notice to that effect.

(Self-Confirmation of Technical Conditions Compliance, Etc.)
Article 63.
(1) Manufacturers or importers of terminal equipment, which is specified,in consideration of the technical conditions for terminal equipment, actualuse of terminal equipment, etc., in the applicable ministerial ordinanceof the MICas those being at low risk of disturbing severely communications of otherusers via telecommunications circuit facilities (hereinafter referred toas "specified terminal equipment"), may confirm by themselves that thetype (including the method to verify that each terminal equipment coincideswith said type) of their terminal equipment complies with the technicalconditions specified in the applicable ministerial ordinance of the MIC underArticle 52 paragraph (1).

(2) Manufacturers or importers shall, only when they conduct verificationspecified in the applicable ministerial ordinance of the MIC, and deem that thetype of their specified terminal equipment complies with the technicalconditions specified in the applicable ministerial ordinance of the MIC underArticle 52 paragraph (1), and that it can be ensured that any of theirspecified terminal equipment based on said type coincides with said type,make the self-confirmation (referred to as "self-confirmation of technicalconditions compliance" in the following paragraph) in accordance with theprovisions of the preceding paragraph.

(3) Manufacturers or importers may, when making the self-confirmationof technical conditions compliance, as specified in the applicable ministerialordinance of the MIC, submit a notification of matters listed in the followingitems to the Minister.

i) Name and address and, in the cases where the applicant isa juridical person, name of the representative
ii) Class and type of specified terminal equipment for which the self-confirmationof technical conditions compliance was made
iii) Outline of verification results of the preceding paragraph
iv) Method to verify that any of terminal equipment based on the typeof item ii) coincides with said type
v) Other matters stipulated in the applicable ministerial ordinanceof the MICamong matters concerning methods for the self-confirmation of technicalconditions compliance

(4) Any person who submitted a notification in accordance with the provisionsof the preceding paragraph (hereinafter referred to as a "notified supplier")shall, as specified in the applicable ministerial ordinance of the MIC, makea record pertaining to verification of paragraph (2) and keep thereof.

(5) Any notified supplier shall, as specified in the applicable ministerialordinance of the MIC, upon changes of matters listed under paragraph (3)item i), item iv) or item v), without delay, submit a notification to thateffect to the Minister.

(6) The Ministershall, upon receipt of a notification of the provisions of paragraph (3),as specified in the applicable ministerial ordinance of the MIC, issue apublic notice to that effect.  Where a notification of the precedingparagraph is submitted, when matters on the public notice have been changed,the same shall apply.

(Obligations, Etc. to Coincide with Type)
Article 64.
(1) Any notified supplier shall, where manufacturing or importing specifiedterminal equipment based on the type pertaining to a notification of theprovisions of paragraph (3) of the preceding article (hereinafter referredto as a "notified type"), make said specified terminal equipment coincidewith said notified type.

(2) Any notified supplier shall, in accordance with the method for confirmationpertaining to the notification in accordance with the provisions of paragraph(3) of the preceding article, inspect its specified terminal equipmentof the preceding paragraph pertaining to the production or import, as specifiedin the applicable ministerial ordinance of the MIC, make an inspection record thereonand keep thereof.

(Mark)
Article 65.
A notified supplier may, when the notified supplier fulfilled the obligationin accordance with the provisions of paragraph (2) of the preceding article,with respect to specified terminal equipment based on a notified type,affix the mark specified in the applicable ministerial ordinance of theMICto said specified terminal equipment.

(Prohibition of Affixing the Mark)
Article 66.
(1) The Ministermay, in the cases listed in the following items, prohibit a notified supplierfrom affixing the mark of the preceding article to specified terminal equipmentbased on a notified type or type specified in said items within a termof two years.

i) Where specified terminal equipment based on a notified typedoes not comply with the technical conditions specified in the applicableministerial ordinance of the MIC under Article 52 paragraph (1), when deemedespecially necessary for preventing occurrence of disturbance in communicationsof other users via telecommunications circuit facilities (except the caseslisted in item v)):  the notified type of said specified terminalequipment
ii) Where a notified supplier submits a notification in accordancewith the provisions of Article 63 paragraph (3), when the notified supplierhas submitted a false notification:  the type pertaining to said falsenotification
iii) When a notified supplier has violated the provisions of Article63 paragraph (4) or Article 64 paragraph (2):  the notified type ofspecified terminal equipment pertaining to said violation
iv) When a notified supplier has violated the order in accordance withthe provisions of Article 59 applied, mutatis mutandis, in Article 68: the notified type of specified terminal equipment pertaining to said violation
v) Where the technical conditions specified in the applicable ministerialordinance of the MIC under Article 52 paragraph (1) have been changed, whenit is deemed that the type notified in accordance with the provisions ofArticle 63 paragraph (3) before said change does not comply with the technicalconditions after said change:  said type

(2) The Ministershall, when prohibiting the affixing of the mark to terminal equipmentin accordance with the provisions of the preceding paragraph, issue a publicnotice to that effect.

Article 67.
(1) The Ministermay, in the cases where a notified supplier fell under any of paragraph(1) items ii) through iv) of the preceding article, when it is deemed thatthere is a risk that said notified supplier should again fall under itemsii) through iv) of the same paragraph, prohibit said notified supplierfrom affixing the mark of Article 65 to specified terminal equipment withina term of two years.

(2) The Ministershall, when prohibiting the affixing of the mark in accordance with theprovisions of the preceding paragraph, issue a public notice to that effect.

(Application, Mutatis Mutandis)
Article 68.
The provisions of Article 54 and Article 59 shall apply, mutatis mutandis,to specified terminal equipment and notified suppliers, and the provisionsof Article 55 shall apply, mutatis mutandis, to specified terminal equipmentbased on a notified type.  In these cases, "terminal equipment beinggiven a technical conditions compliance approval by a registered approvalagency" in Article 54 shall be read as "terminal equipment based on a notifiedtype"; "paragraph (2) of the preceding article" in the same article and"Article 53 paragraph (2)" in Article 55 paragraph (1) shall be read as"Article 65"; "the person being given said technical conditions complianceapproval" in Article 54 shall be read as "the person being given a technicalconditions compliance approval pertaining to said notified type"; "Article57 paragraph (1)" in Article 59 shall be read as "Article 64 paragraph(1)"; "certification of type of terminal equipment" in Article 59 shallbe read as "notification in accordance with the provisions of Article 63paragraph (3)".

(Inspection of Connection of Terminal Equipment)
Article 69.
(1)  When terminal equipment of a user has been connected to telecommunicationscircuit facilities of a telecommunications carrier, the user shall notuse the terminal equipment before said telecommunications carrier has inspectedthe connection and certified that it complies with the technical conditionsunder Article 52 paragraph (1), except the cases specified in the applicableministerial ordinance of the MIC, and except the cases where terminal equipmentbeing affixed the mark thereto (except terminal equipment deemed as thosehaving no mark in accordance with the provisions of Article 55 paragraph(1) (including the cases where Article 55 paragraph (1) shall apply, mutatismutandis, in Article 61, the preceding article, and Article 104 paragraph(4) and paragraph (7)) specified in the provisions of Article 53 paragraph(2) (including the cases where Article 53 paragraph (2) shall apply, mutatismutandis, in Article 104 paragraph (4)), Article 58 (including the caseswhere Article 58 shall apply, mutatis mutandis, in Article 104 paragraph(7)) or Article 65 has been connected.  The same shall apply to thecases of any change made in the connection.

(2)  A telecommunications carrier installing telecommunicationscircuit facilities may request the user concerned to have the connectionof their terminal facilities inspected to decide whether it complies withthe technical conditions under Article 52 paragraph (1), when the telecommunicationscarrier deems it to be necessary to do so in the cases where the smoothprovision of telecommunications services is impaired, including the casesof malfunction of terminal facilities.  In these cases, said usershall not refuse to comply with this request, except in the cases specifiedin the applicable ministerial ordinance of the MIC, and except the cases wherethere is due reason not to comply with it.

(3) Any person who conducts such inspections of the preceding paragraphshall carry an identification card and produce it to the persons concerned.

(Connection of Customer-Owned and Maintained Telecommunications Facilities)
Article 70.
(1)  When a telecommunications carrier has received a requestfrom any person other than a telecommunications carrier installing telecommunicationscircuit facilities for the connection of their telecommunications facilities(limited to those other than terminal facilities, hereinafter referredto as "customer-owned and maintained telecommunications facilities") tothe carrier's telecommunications circuit facilities, the telecommunicationscarrier shall not refuse the request except the cases listed in the followingitems:

i)  When the connection of the customer-owned and maintainedtelecommunications facilities does not comply with the technical conditionsstipulated in the applicable ministerial ordinance of the MIC (including technicalrequirements established, subject to the authorization of the Minister, by saidtelecommunications carrier or other telecommunications carriers specifiedin the applicable ministerial ordinance of the MIC whose telecommunications facilitiesare connected to said telecommunications carrier)
ii)  When said telecommunications carrier has obtained an approvalfrom the Ministerthat the connection of the customer-owned and maintained telecommunicationsfacilities would make it difficult for said telecommunications carrierto financially maintain its telecommunications circuit facilities

(2)  The provisions of Article 52 paragraph (2) shall apply, mutatismutandis, to the technical conditions of item i) of the preceding paragraph,and the provisions of the preceding article shall apply, mutatis mutandis,to the inspection of the connection of the customer-owned and maintainedtelecommunications facilities pertaining to the request of the precedingparagraph.  In these cases, "the technical conditions under Article52 paragraph (1)" in paragraphs (1) and (2) of the preceding article shallbe read as "the technical conditions of Article 70 paragraph (1) item i)(including the technical requirements of the same item)".

(Execution and Supervision of Installation by Installation Technician)
Article 71.
(1)  Any user shall, when connecting their terminal facilitiesor customer-owned and maintained telecommunications facilities to telecommunicationsfacilities, the user have a person being given an installation technician'slicense (hereinafter referred to as a "installation technician") executeor supervise the installation work pertaining to the connection on thesite, according to the class of installation technician's license. However, this shall not apply, unless otherwise stipulated in the applicableministerial ordinance of the MIC.

(2)  Any installation technician shall exercise in good faith theirfunctions of the execution or supervision of the installation work.

(Installation Technician's License)
Article 72.
(1)  The classes of installation technician's license and thescope of installation work pertaining to the connection of terminal facilitiesor customer-owned and maintained telecommunications facilities, to be executedor supervised by an installation technician shall be specified in the applicableministerial ordinance of the MIC.

(2)  The provisions of Article 46 paragraphs (3) through (5) andArticle 47 shall apply, mutatis mutandis, to the installation technician'slicense.  In these cases, "qualification examination for chief telecommunicationsengineers" in Article 46 paragraph (3) item i) shall be read as "qualificationexamination for installation technicians"; and "expert knowledge and ability"in item iii) of the same paragraph shall be read as "knowledge and technicalability".

(Qualification Examination for Installation Technicians)
Article 73.
(1)  The qualification examination for installation techniciansshall be conducted with respect to knowledge and technical ability necessaryfor the connection of terminal facilities and customer-owned and maintainedtelecommunications facilities.

(2)  The provisions of Article 48 paragraphs (2) and (3) shallapply, mutatis mutandis, to the qualification examination for installationtechnicians.  In these cases, "chief telecommunications engineer'slicense" in paragraph (2) of the same article shall be read as "installationtechnician's license".

Section 5. Designated Examination Agency,Etc.

Sub-Section 1) Designated Examination Agency(Article 74 through Article 85)

(Designation, Etc. of Designated Examination Agency)
Article 74.
(1)  The Minister may commission a designated person (hereinafter referredto as a "designated examination agency") to conduct affairs concerningthe execution of qualification examinations for chief telecommunicationsengineers or installation technicians (hereinafter referred to as "examinationwork").

(2)  The designation of an examination agency shall be made, onapplication from a person who intends to conduct examination work, accordingto the classification stipulated in the applicable ministerial ordinanceof the MIC.

(3)  When the Minister has designated a designated examination agency,the Minister shall issue a public notice to that effect.

(4)  When the Minister has designated a designated examination agency,the Minister shall no longer conduct the examination work for the classpertaining to said designation.

(Designation Standards for Designated Examination Agency)
Article 75.
(1)  The Minister shall not designate an examination agency unless noother examination agency has been designated to conduct examination workfor the class pertaining to the application of paragraph (2) of the precedingarticle and unless it is deemed that the application complies with eachof the following items:

i)  The applicant's plan for the execution of examinationwork regarding staff, facilities, execution methods of examination workand other matters shall be appropriate for the proper execution of theexamination work.
ii)  The applicant shall have an adequate financial basis andtechnical capability to properly execute the plan of the preceding itemfor the execution of examination work.
iii)  When the applicant engages in business activities otherthan examination work, there should be no risk of these activities makingthe examination work unfair.

(2)  The Ministershall not designate any person who has submitted an application of paragraph(2) of the preceding article, when that person falls under any of the followingitems:

i)  The applicant is any person other than a juridicalperson incorporated in accordance with the provisions of Article 34 ofthe Civil Code (Law No. 89 of 1896).
ii)  The applicant is a person who has been sentenced to a fineor severer penalty in accordance with the provisions of this Law, the WireTelecommunications Law or the Radio Law, if a term of two years has notyet elapsed since the day on which the sentence was fulfilled or suspended.
iii)  The applicant is a person whose designation was revokedin accordance with the provisions of Article 84 paragraph (1) or (2), ifa term of two years has not yet elapsed since the day of revocation.
iv)  The applicant is a person any of whose officers falls underany of the following:

a)  Any person who falls under item ii)
b)  Any person who has been dismissed by an order in accordancewith the provisions of Article 77 paragraph (3), if a term of two yearshas not yet elapsed since the day of dismissal

(Qualification Examiner)
Article 76.
A designated examination agency shall, in execution of examinationwork, have a person who has the qualifications stipulated in the applicableministerial ordinance of the MIC (hereinafter referred to as a "qualificationexaminer") conduct the examination work related to the judgment of whetherexaminees have the expert knowledge and ability necessary for chief telecommunicationsengineers or knowledge and technical ability necessary for installationtechnicians.

(Appointment and Dismissal of Officers, Etc.)
Article 77.
(1)  No appointment and dismissal of officers of a designatedexamination agency shall take effect unless authorized by the Minister.

(2)  When a designated examination agency appoints or dismissesits qualification examiner, it shall submit without delay a notificationto that effect to the Minister.

(3)  When an officer or qualification examiner of a designatedexamination agency has violated this Law, the orders or administrativedispositions issued thereunder, or the examination work rules stipulatedin Article 79 paragraph (1), the Minister may order the designated examination agencyto dismiss the officer or qualification examiner.

(Confidentiality, Etc.)
Article 78.
(1)  Any officer or staff (including qualification examiners)of a designated examination agency, or any person who was in such position,shall not divulge any secret which has come into their knowledge with respectto examination work.

(2)  Any officer or staff (including qualification examiners) ofa designated examination agency who engages in examination work shall bedeemed to be a person engaged in public duties in accordance with lawsand ordinances with respect to the application of the Criminal Code (LawNo. 45 of 1907) and other penal provisions.

(Examination Work Rules)
Article 79.
(1)  A designated examination agency shall establish examinationwork rules governing matters concerning the execution of examination workstipulated in the applicable ministerial ordinance of the MIC and shall obtainauthorization from the Minister.  The same shall also apply where such rulesare to be amended.

(2)  The Minister may, when it is deemed that the examination work ruleswhich the Minister has authorized under the preceding paragraph have becomeinappropriate for the proper execution of examination work, order the designatedexamination agency to amend the rules.

(Business Plan, Etc.)
Article 80.
(1)  A designated examination agency shall prepare its businessplan and its revenues and expenses budget for each business year, and shallobtain authorization from the Minister before the commencement of said business year(for the business year during which the examination agency is designated,without delay after the designation).  The same shall also apply whenthey are to be amended.

(2)  A designated examination agency shall formulate its annualreport and settlement of balance for each business year, and shall submitthem to the Ministerwithin three months after the end of said business year.

(Retention, Etc. of Record Book)
Article 81.
A designated examination agency shall, as specified in the applicableministerial ordinance of the MIC, retain and keep a record book and make entriesin it of such matters related to examination work stipulated in the applicableministerial ordinance of the MIC.

(Supervisory Orders)
Article 82.
The Ministermay, when it is deemed necessary to enforce this Law, issue to a designatedexamination agency orders necessary for the supervision with respect toexamination work.

(Suspension and Discontinuation of Business Activities)
Article 83.
(1)  Any designated examination agency shall not suspend or discontinuepart or all of the operations of examination work unless it obtains permissionfrom the Minister.

(2)  The Minister shall, when permission of the preceding paragraph hasbeen granted, issue a public notice to that effect.

(Revocation, Etc. of Designation)
Article 84.
(1)  The Minister shall, when a designated examination agency has cometo fall under Article 75 paragraph (2) item i), item ii) or item iv), revokeits designation.

(2)  The Minister may, when a designated examination agency falls underany of the following items, revoke its designation or suspend part or allof the operations of examination work for a term to be specified by theMinister:

i)  When the designated examination agency has violatedthe provisions of this Sub-Section
ii)  When it is deemed that the designated examination agencyhas not come to conform to any of the items of Article 75 paragraph (1)
iii)  When it has violated an order in accordance with the provisionsof Article 77 paragraph (3), Article 79 paragraph (2) or Article 82
iv)  When the designated examination agency has executed examinationwork otherwise than pursuant to the examination work rules authorized inaccordance with the provisions of Article 79 paragraph (1)
v)  When the designated examination agency has obtained designationthrough dishonest means

(3)  The Ministershall, when the designation has been revoked in accordance with the provisionsof paragraph (1) or the preceding paragraph, or the Minister has orderedthe suspension of part or all of the  operations of examination workin accordance with the provisions of the preceding paragraph, issue a publicnotice to that effect.

(Execution of Examination Work by the Minister)
Article 85.
(1)  The Minister shall, when a designated examination agency has suspendedpart or all of the operations of examination work in accordance with theprovisions of Article 83 paragraph (1); when the Minister has ordered adesignated examination agency to suspend part or all of the operationsof examination work in accordance with the provisions of paragraph (2)of the preceding article; or when it is deemed necessary to do so in thecases where a designated examination agency has fallen into difficultiesin executing part or all of the operations of examination work due to anatural disaster or any other reason; execute part or all of the operationsof examination work, notwithstanding the provisions of Article 74 paragraph(4).

(2)  The Minister shall, before the Minister executes examination workin accordance with the provisions of the preceding paragraph or discontinuesexamination work in accordance with the provisions of the same paragraph,issue a public notice to that effect.

(3)  When the Minister has decided to carry out examination work in accordancewith the provisions of paragraph (1); or when the Minister has permitteda designated examination agency to discontinue examination work in accordancewith the provisions of Article 83 paragraph (1); or where the Ministerhas revoked the designation in accordance with the provisions of paragraph(1) or (2) of the preceding article; the succession of examination workand other necessary matters shall be stipulated in the applicable ministerialordinance of the MIC.

Sub-Section 2) Registered Approval Agency (Article86 through Article 103)

(Registration of Registered Approval Agency)
Article 86.
(1)  A person who operates a business of conducting the technicalconditions compliance approval for terminal equipment may, according tothe classification of business (hereinafter in this Section referred toas simply the "classification of business") stipulated in the applicableministerial ordinance of the MIC, obtain registration from the Minister.

(2)  Any person who intends to obtain registration of the precedingparagraph shall, as specified in the applicable ministerial ordinance ofthe MIC,submit an application which describes matters listed in the following itemsto the Minister.

i) Name and address and, in the cases where the applicant isa juridical person, name of the representative
ii) Classification of business
iii) Name and address of offices
iv) Outline of facilities including the measuring instrument or otherequipment for examination of the technical conditions compliance approval
v) Matters concerning appointment of approval examiners of Article91 paragraph (2)
vi) Planned start-up date of business operations

(3) Documents prescribing a plan for the execution of the technical conditionscompliance approval service and any other documents specified in the applicableministerial ordinance of the MIC shall be attached to the application formof the preceding paragraph.

(Registration Standards)
Article 87.
(1)  The Minister shall, when a person who has submitted an applicationfor registration of paragraph (1) of the preceding article (hereinafterin this paragraph referred to as an "applicant for registration") conformsto any of the following items, register the person:

i)  The staff conducting the technical conditions complianceapproval shall be persons having knowledge and experiences and meetingany of the conditions listed under Table No. 1.
ii) Technical conditions compliance approval shall be undertaken byusing the measuring instruments or other equipment listed under Table No.2 and which have taken calibration or correction (hereinafter in this itemreferred to as "calibration, etc.") by any of the following calibration,etc. (limited to those taken calibration, etc. within one year calculatingfrom the first day of the next month belonging to the day of the calibration,etc.).

a) Calibration conducted by the National Institute of Informationand Communications Technology (referred to as the "Institute" in c)) orthe designated calibration agency of Article 102-18 paragraph (1) of theRadio Law
b) Correction in accordance with the provisions of Article 135 or Article144 of the Measurement Law (Law No. 51 of 1992)
c) Calibration conducted in a foreign country, which is equivalentto those conducted by the Institute or the designated calibration agencyof Article 102-18 paragraph (1) of the Radio Law
d) Calibration, etc. conducted by using those taken any of calibration,etc. listed under a) through c)

iii) The applicant for registration shall not fall under any of the followingsub-items that indicate that said applicant is controlled by a manufacturer,importer or seller of terminal equipment (hereinafter in this item referredto as "specified manufacturer, etc."):

a) In the cases where the applicant for registration is a joint-stockcompany or a limited liability company, a specified manufacturer, etc.is the parent company of said applicant.
b) The ratio of officers or staff of a specified manufacturer, etc.(including those who were officers or staff of said specified manufacturer,etc. in the past two years) to officers of the applicant for registration(in the cases where said applicant is an unlimited partnership or a limitedpartnership , partners who have right to administer the affairs) exceedsone half.
c) The applicant for registration (in the cases where said applicantis a juridical person, officers who have representation right) is an officeror staff of a specified manufacturer, etc. (including those who were officersor staff of said specified manufacturer, etc. in the past two years)

(2)  Any person who falls under any of the following items shall notbe given the registration of paragraph (1) of the preceding article:

i)  Any person who has been sentenced to a fine or severerpenalty in accordance with the provisions of this Law, or the Wire TelecommunicationsLaw or the Radio Law, if a term of two years has not yet elapsed sincethe day on which the sentence or suspended sentence was served out
ii)  Any person whose registration was revoked in accordance withthe provisions of Article 100 paragraph (1) or (2) (including the caseswhere Article 100 paragraph (1) or (2) shall apply, mutatis mutandis, inArticle 103), if a term of two years has not yet elapsed since the dayof revocation
iii)  Any juridical person, any of whose officers falls underany of the preceding two items

(3) In addition to matters stipulated in the preceding article and thepreceding two paragraphs, necessary matters for the registration of paragraph(1) of the preceding article shall be specified in the applicable ministerialordinance of the MIC.

(Renewal of Registration)
Article 88.
(1)  The registration of Article 86 paragraph (1) shall be invalidas of the date subsequent to the term of five years and not exceeding tenyears specified in the applicable cabinet order, unless the registrationis renewed every time the term elapses.

(2)  The provisions of Article 86 paragraph (2) and paragraph (3),and the preceding article shall apply, mutatis mutandis, to the renewalof registration of the preceding paragraph.

(Registration Book)
Article 89.
The Ministershall prepare a registered approval agencies registration book and registerthe following matters:

i) Dates of registrations and renewals of registered approvalagencies thereof and registration numbers thereof
ii) Matters listed under Article 86 paragraph (2) item i) through itemiii)

(Issuance, Etc. of Public Notice of Registration)
Article 90.
(1)  The Minister shall, when registering a registered approval agencyof Article 86 paragraph (1), issue a public notice providing the name andaddress of the registered approval agency, and class of business pertainingto the registration, address of offices where the work of the technicalconditions compliance approval is to be executed and date of the commencementof the work of the technical conditions compliance approval.

(2)  Any registered approval agency shall, before it changes matterslisted in Article 86 paragraph (2) item i) or item iii), submit to theMinistera notification to that effect at least two weeks prior to the day of thechange.

(3)  The Minister shall, after receiving a notification of the provisionsof the preceding paragraph, issue a public notice to that effect.

(Obligations, Etc. to Issue Technical Conditions Compliance Approval)
Article 91.
(1) Any registered approval agency shall, when it is requested to issuea technical conditions compliance approval pertaining to its registration,conduct without delay an examination necessary for the technical conditionscompliance approval unless there is due reason not to do so.

(2)  Any registered approval agency shall, when conducting an examinationof the preceding paragraph, have a person who has knowledge and experiencesmeeting the conditions listed under Table No. 1 (hereinafter referred toas an "approval examiner") conduct the examination in accordance with themethods stipulated in the applicable ministerial ordinance of the MIC.

(Reporting, Etc. on Technical Conditions Compliance Approval)
Article 92.
(1) Any registered approval agency shall, when it issues a technicalconditions compliance approval pertaining to its registration, report matters,including the class of terminal equipment being given the technical conditionscompliance approval and other matters, stipulated in the applicable ministerialordinance of the MIC, to the Minister.

(2) The Ministershall, upon receipt of a report of the preceding paragraph, issue a publicnotice to that effect, as specified in the applicable ministerial ordinanceof the MIC.

(Appointment and Dismissal of Officers, Etc.)
Article 93.
When a registered approval agency appoints or dismisses its officersor approval examiners, it shall submit without delay a notification tothat effect to the Minister.

(Service Rules)
Article 94.
Any registered approval body shall establish service rules governingmatters concerning the classification of business pertaining to its registration,methods for the execution of technical conditions compliance approval serviceand other matters stipulated in the applicable ministerial ordinance ofthe MIC,and shall, prior to the commencement of said service, submit a notificationthereof to the Minister.  The same shall also apply where such rules areto be amended.

(Retention of Financial Statements, Etc. and Access Thereto, Etc.)
Article 95.
(1) Any registered approval agency shall, within three months afterthe end of each business year, prepare a general inventory, a balance sheetand a profit and loss settlement or statement of cash flow, and a businessreport or operating statement, and a business report or operating statement(including an electromagnetic recording (meaning any record which is producedby electronic, magnetic, or any other means unrecognizable by natural perceptivefunction, and is used for data processing by a computer.  Hereinafterin this article the same shall apply.) in the cases where electromagneticrecording are produced instead of these documents.  In the followingparagraph and Article 192 item iii), referred to as "financial statements,etc.".) and retain thereof for a five-year term at its office.

(2) A person who operates a business of dealing in terminal equipmentand other parties concerned may, whenever within the business hours ofa registered approval agency , make the following requests.  However,when making the request of item ii) or item iv), fees specified by theregistered approval agency shall be paid.

i) Where financial statements, etc. are prepared as writtendocuments, a request for access to said documents or copy thereof
ii) A request for certified copy or abridged copy of the written documentsof the preceding item
iii) Where financial statements, etc. are produced as electromagneticrecording, a request for access to or copy of matters recorded on saidelectromagnetic recording which are displayed in a manner stipulated inthe applicable ministerial ordinance of the MIC
iv) A request for the matters recorded on the electromagnetic recordingof the preceding item in an electromagnetic manner stipulated in the applicableministerial ordinance of the MIC or a request for delivery of written documentsdescribing said matters

(Retention, Etc. of Record Book)
Article 96.
Any registered approval agency shall, as specified in the applicableministerial ordinance of the MIC, prepare and keep a record book and make entriesin it of matters related to the technical conditions compliance approvalservice stipulated in the applicable ministerial ordinance of the MIC.

(Order to Improve, Etc.)
Article 97.
(1)  The Minister may, when it is deemed that a registered approval agencyfails to conform to any of the items of Article 87 paragraph (1), ordersaid registered approval agency to take necessary measures to conform tothose provisions.

(2) The Ministermay, when it is deemed that a registered approval agency violates the provisionsof Article 53 paragraph (1) or Article 91, order said registered approvalagency to conduct the examination for the technical conditions complianceapproval or take necessary measures for improving the method of examinationfor the technical conditions compliance approval and any other operationsmethods.

(Application and Order of the Minister Pertaining to Technical ConditionsCompliance Approval)
Article 98.
(1) A person who requested a technical conditions compliance approvalin accordance with the provisions of Article 53 paragraph (1) may, in thecases where a registered approval agency does not examine terminal equipmentpertaining to said request or said person have an objection to the resultof the technical conditions compliance approval issued by a registeredapproval agency, file an application with the Minister to order said registered approvalagency to examine terminal equipment for a technical conditions complianceapproval or to reexamine thereof.

(2) The Ministershall, upon receipt of application under the preceding paragraph, whenit is deemed that the registered approval agency pertaining to said applicationviolates the provisions of Article 53 paragraph (1) or Article 91, orderthe registered approval agency pertaining to said application in accordancewith the provisions of paragraph (2) of the preceding article.

(3) The Ministershall, in the case of the preceding paragraph, when the Minister issuedan order of paragraph (2) of the preceding article or made a decision toissue no order, notify the person who filed said application to that effectwithout delay.

(Suspension and Discontinuation of Business Activities)
Article 99.
(1)  Any registered approval agency shall, when it intends tosuspend or discontinue technical conditions compliance approval servicepertaining to its registration, as specified in the applicable ministerialordinance of the MIC, submit a prior notification to that effect to the Minister.

(2)  When a registered approval agency has discontinued all ofthe operations of technical conditions compliance approval service, theregistration of said registered approval agency becomes invalid.

(3) The Ministershall, upon receipt of the notification under the provisions of paragraph(1), issue a public notice to that effect.

(Revocation, Etc. of Registration)
Article 100.
(1) The Ministershall, when a registered approval agency has come to fall under Article87 paragraph (2) item i) or item iii), revoke its registration.
 

(2) The Minister may, when a registered approval agency falls underany of the following items, revoke its registration or order to suspendpart or all of the operations of technical conditions compliance approvalservice pertaining to its registration for a term to be specified by theMinister:
i) When the registered approval agency has violated the provisionsof this Sub-Section
ii) When the registered approval agency has violated an order in accordancewith the provisions of Article 97 paragraph (1) or paragraph (2)
iii) When the registered approval agency has obtained registrationor renewal thereof through dishonest means

(3) The Ministershall, when the Minister has revoked the registration in accordance withthe provisions of paragraph (1) or the preceding paragraph, or the Ministerhas ordered the suspension of part or all of the operations of technicalconditions compliance approval service in accordance with the provisionsof the same paragraph, issue a public notice to that effect.

(Striking Out of Registration Record)
Article 101.
The Ministershall, when a registration of a registered approval agency has become invalidin accordance with the provisions of Article 88 paragraph (1) or Article99 paragraph (2), or when the Minister has revoked a registration of aregistered approval agency in accordance with the provisions of paragraph(1) or paragraph (2) of the preceding article, the Minister shall strikeout the registration record of said registered approval agency.

(Execution of Technical Conditions Compliance Approval by the Minister)
Article 102.
(1) When there is no person who is given a registration of Article86 paragraph (1); or, when a registered approval agency has suspended ordiscontinue its technical conditions compliance approval service in accordancewith the provisions of Article 99 paragraph (1); or when the Minister has revokeda registration in accordance with the provisions of Article 100 paragraph(1) or paragraph (2); or when the Minister has ordered a registered approvalagency to suspend part or all of the operations of technical conditionscompliance approval service in accordance with the provisions of the sameparagraph; or when a registered approval agency has fallen into difficultiesin conducting part or all of the operations of technical conditions complianceapproval service due to a natural disaster or any other reasons; the Ministershall, when it is deemed necessary to conduct technical conditions complianceapproval service, conduct itself part or all of the operations of technicalconditions compliance approval service.

(2) The Ministershall, before the Minister carries out the technical conditions complianceapproval service in accordance with the provisions of the preceding paragraphor discontinues the technical conditions compliance approval service executedby the Minister in accordance with the provisions of the same paragraph,issue a prior public notice to that effect.

(3) When the Minister has decided to carry out the technical conditions complianceapproval service in accordance with the provisions of paragraph (1), thesuccession of technical conditions compliance approval service and othernecessary matters shall be stipulated in the applicable ministerial ordinanceof the MIC.

(Application, Mutatis Mutandis)
Article 103.
The provisions of Article 91 through Article 93, Article 96, Article97 paragraph (2) and Article 98 shall apply, mutatis mutandis, to the caseswhere a registered approval agency issues a certification of type of terminalequipment and the provisions of Article 94, Article 99, Article 100 paragraph(2) and paragraph (3), and the preceding article shall apply, mutatis mutandis,to the cases where a registered approval agency carries out technical conditionscompliance approval service and certification service of type of terminalequipment.  In these cases, "being given" in Article 92 paragraph(1) shall be read as "based on a type pertaining to"; "said service" inArticle 94 shall be read as "these services"; "Article 53 paragraph (1)"in Article 97 paragraph (2), and Article 98 paragraph (1) and paragraph(2) shall be read as "Article 56 paragraph (2)"; and "terminal equipment"in paragraph (1) of the same article shall be read as "type (includingthe method to verify that each terminal equipment coincides with said type)".

Sub-Section 3) Recognized Approval Body (Article104 and Article 105)

(Recognition, Etc. of Recognized Approval Body)
Article 104.
(1)  When an application has been submitted by a person who engagesin inspection or examination of terminal equipment under regulations forthe inspection of terminal equipment in accordance with foreign laws orrules and regulations similar to the regulatory frameworks for the technicalconditions compliance approval and who intends to issue technical conditionscompliance approvals for terminal equipment which will be used in Japanbeing dealt by foreign dealers in said foreign country to comply with thetechnical conditions, the Minister may recognize that person in each classificationof business.

(2)  The person who has been given the recognition (hereinafterreferred to as a "recognized approval body") in accordance with the provisionsof the preceding paragraph shall, when the person has suspended or hasdiscontinued the technical conditions compliance approval service pertainingto its recognition, submit a notification to that effect without delayto the Minister.

(3)  The Minister shall, upon receipt of a notification in accordancewith the provisions of the preceding paragraph, issue a public notice tothat effect.

(4) The provisions of Article 53 paragraph (1) and paragraph (2), Article55, Article 90 paragraph (2) and paragraph (3), Article 91, Article 92,Article 94, and Article 96 through Article 98 shall apply, mutatis mutandis,to a recognized approval body; the provisions of Article 54 shall apply,mutatis mutandis, to a person being given a technical conditions complianceapproval from a recognized approval body; and the provisions of Article86 paragraph (2) and paragraph (3), Article 87, and Article 90 paragraph(1) shall apply, mutatis mutandis, to the recognition of paragraph (1)granted by the Minister.

(5) In the cases of the preceding paragraph, the words and phrases listedin the middle column of the following table in the provisions listed inthe left column in the same table shall be read as the words and phraseslisted in the right column of the same table.
 

Article 53 paragraph (1) and paragraph (2), Article 91 paragraph (1),Article 92 paragraph (1), and Article 94	registration	recognition
Article 54	registered approval agency	recognized approval body
	order	request
Other part except items listed under Article 87 paragraph(1)	applicant for registration	applicant for recognition
	when	only when
	shall	shall not
Article 87 paragraph (1) item iii) (except a))	applicant for registration	applicant for recognition
Article 87 paragraph (1) item iii) a)	applicant for registration	applicant for recognition
	parent company	person equivalent to a parent company in a foreign country
Article 87 paragraph (2) item ii)	Article 100 paragraph (1) or (2) (including the cases where Article100 paragraph (1) or (2) is applied, mutatis mutandis, in Article 103)	Article 105 paragraph (1) or (2)
Article 87 paragraph (3)	he preceding article and the preceding two paragraphst	paragraph (2) and paragraph (3) of the preceding article, the precedingtwo paragraphs and Article 104 paragraph (1)
Article 90 paragraph (1)	registered approval agency	recognized approval body
Article 97	order	request
Article 98 paragraph (1)	order	request
Article 98 paragraph (2) and paragraph (3)	order	request

(6)  A recognized approval body may, upon receipt of a requestfrom a foreign dealer, certify a type of terminal equipment to be usedin Japan.

(7) The provisions of Article 55, Article 56 paragraph (2), Article91, Article 92, Article 96, Article 97 paragraph (2) and Article 98 shallapply, mutatis mutandis, to the cases where a recognized approval bodycertifies a type of terminal equipment; the provisions of Article 57 throughArticle 60, Article 54 applied, mutatis mutandis, in Article 61, and Article62 paragraph (3) and paragraph (4) shall apply, mutatis mutandis, to aperson being given a certification of type of terminal equipment from arecognized approval body; and the provisions of Article 94, and paragraph(2) and paragraph (3) shall apply, mutatis mutandis, to the cases wherea recognized approval body carries out technical conditions complianceapproval service and certification service of type of terminal equipment.

(8) In the cases of the preceding paragraph, the words and phrases listedin the middle column of the following table in the provisions listed inthe left column in the same table shall be read as the words and phraseslisted in the right column of the same table.

Article 55 paragraph (1)	being given	based on a type pertaining to
	Article 53 paragraph (2)	Article 58
Article 56 paragraph (2) and Article 91 paragraph (1)	registration	recognition
Article 59 and Article 54 applied, mutatis mutandis, in Article 61	order	request
Article 60 paragraph (1) item iii)	has violated the order	has not met the request
	violation	request
Article 60 paragraph (1) item iv)	registered approval agency	recognized approval body
Article 60 paragraph (1) item v)	registered approval agency	recognized approval body
	Article 103	Article 104 paragraph (7)
Article 62 paragraph (3) item i) and item ii)	paragraph (3)	paragraph (6)
Article 62 paragraph (3) item iii)	paragraph (6)	paragraph (7)
Article 92 paragraph (1)	registration	recognition
	being given	based on a type pertaining to
Article 94	registration	recognition
	said service	these services
Article 97 paragraph (2)	Article 53 paragraph (1)	Article 56 paragraph (2)
	order	request
Article 98 paragraph (1)	Article 53 paragraph (1)	Article 56 paragraph (2)
	terminal equipment	type (including the method to verify that each terminal equipment coincideswith said type)
	order	request
Article 98 paragraph (2)	Article 53 paragraph (1)	Article 56 paragraph (2)
	order	request
Article 98 paragraph (3)	order	request

 

(Revocation of Recognition)
Article 105.
(1)  The Minister shall revoke the recognition when a recognized approvalbody has lost the status in its own country stipulated in paragraph (1)of the preceding article or when it comes to fall under Article 87 paragraph(2) item i) or iii) applied, mutatis mutandis, in paragraph (4) of thepreceding article.

(2)  The Minister may, when a recognized approval body falls under anyof the following items, revoke the recognition:

i)  When the recognized approval body has violated theprovisions of paragraph (2) of the preceding article (including the caseswhere paragraph (2) of the preceding article shall apply, mutatis mutandis,in paragraph (7) of the same article), the provisions of Article 90 paragraph(2), Article 91, Article 92 paragraph (1), Article 94 or Article 96 applied,mutatis mutandis, in paragraph (4) of the preceding article, or, the provisionsof Article 91, Article 92 paragraph (1), Article 94 or Article 96 applied,mutatis mutandis, in paragraph (7) of the preceding article
ii)  When the recognized approval body has not met the requestin accordance with the provisions of Article 97 applied, mutatis mutandis,in paragraph (4) of the preceding article or the provisions of Article97 paragraph (2) applied, mutatis mutandis, in paragraph (7) of the precedingarticle
iii)  When the recognized approval body has been recognized throughdishonest means
iv)  When a report is not submitted, or a false report is submittedby the recognized approval body, where the Minister requested the recognized approvalbody to report in accordance with the provisions of Article 166 paragraph(4) applied, mutatis mutandis, in paragraph (4) of the same article
v)  When the inspection was refused, obstructed or evaded, inthe cases where the Minister delegated any ministerial staff to enter and toinspect business offices or workplaces belonging to the recognized approvalbody in accordance with the provisions of Article 166 paragraph (4) applied,mutatis mutandis, in paragraph (4) of the same article

(3)  When the Minister has revoked any recognition in accordance with theprovisions of the preceding two paragraphs, the Minister shall issue apublic notice to that effect.

Section 6. Universal TelecommunicationsService Support Institution (Article 106 through Article 116)

(Designation of the Universal Telecommunications Service SupportInstitution)
Article 106.
The Ministermay, upon application, designate a juridical person under Article 34 ofthe Civil Code, which is established for the purpose of contributing toensure the provision of universal telecommunications services, where thejuridical person is deemed that it conforms to the following standardsconcerning the service stipulated in the following article (hereinafterreferred to as the "support service".), as the Universal Service SupportInstitution (hereinafter referred to as the "support institution".), limitedto one throughout the country.

i)  The applicant's plan for the execution of the supportservice regarding staff, facilities, execution methods of the support serviceand other matters shall be appropriate for the proper execution of thesupport service.
ii)  The applicant shall have an adequate financial basis andtechnical capability to properly execute the plan of the preceding itemfor the execution of the support service.
iii)  When the applicant engages in business activities otherthan the support service, there should be no risk of the support servicebecoming unfair.

(Activities)
Article 107.
The support institution shall conduct the following activities:

i)  Toward eligible telecommunications carriers as designatedin accordance with the provisions of paragraph (1) of the following article,the support institution shall, where the amount of costs for providinguniversal telecommunications services pertaining to said designation isdeemed to exceed the amount of revenues gained from universal telecommunicationsservices pertaining to said designation, provide supports as part of financialcompensation for said estimated amount exceeding costs.
ii)  To conduct activities accompanying activities of the precedingparagraph

(Designation of Eligible Telecommunications Carriers)
Article 108.
(1)  The Minister may, when designated the support institution, designatea telecommunications carrier providing universal telecommunications services,which is deemed to be in compliance with the following standards, as aneligible telecommunications carrier upon its application.

i)  Matters including the profit and loss statement concerningactivities for providing universal telecommunications services pertainingto application, specified in the applicable ministerial ordinance of theMIC,shall be made public, as specified in the applicable ministerial ordinanceof the MIC.
ii)  Where telecommunications facilities installed for providinguniversal telecommunications services pertaining to application are telecommunicationsfacilities other than Category I and II designated telecommunications facilities,interconnection tariffs prescribing the amount of money to be obtainedby said telecommunications carrier providing universal telecommunicationsservices and terms and conditions of interconnections shall be set forthconcerning interconnections between said telecommunications facilitiesand other telecommunications carriers' telecommunications facilities, andthe interconnection tariffs shall be made public, as specified in the applicableministerial ordinance of the MIC.
iii)  The scope of service areas for providing universal telecommunicationsservices pertaining to application shall be in compliance with standardsspecified in the applicable ministerial ordinance of the MIC.

(2)  The designation of the provisions of the preceding paragraphshall be made by type of universal telecommunications services specifiedin the applicable ministerial ordinance of the MIC.

(3)  An eligible telecommunications carrier (limited to a telecommunicationscarrier installing Category I designated telecommunications facilitiesor other telecommunications carriers  excepting telecommunicationscarriers installing Category II telecommunications facilities) shall, whenintending to change interconnection tariffs stipulated in paragraph (1)item ii), as specified in the applicable ministerial ordinance of the MIC, priorto implementation thereof, submit a notification of the interconnectiontariffs to the Minister and publish the interconnection tariffs.

(4)   Where there is succession of a telecommunications carrierstatus in accordance with the provisions of Article 17 paragraph (1), whensaid telecommunications carrier is an eligible telecommunications carrier,a telecommunications carrier which succeeds to said telecommunicationscarrier status shall succeed to the status of eligible telecommunicationscarrier.

(5)  The Minister may, when an eligible telecommunications carrier fallsunder any of the following items, or when an eligible telecommunicationscarrier filed an application for revocation of designation of paragraph(1), revoke the designation.

i)  When the eligible telecommunications carrier has violatedthe provisions of paragraph (2) or (3) of the following article
ii)  When it is deemed not to conform to any of the items of paragraph(1)

(Provision of the Universal Service Support)
Article 109.
(1)  The support institution shall, through the method specifiedin the applicable ministerial ordinance of the MIC, calculate the amount of moneyof compensations of Article 107 item i) (hereinafter in this Section simplyreferred to as the "universal service support".), and obtain authorizationfrom the Ministerof said amount of money and support methods for each business year (startingfrom April 1 of each year and ending on March 31 of the next year. The same shall apply in this Section.).

(2)  Any eligible telecommunications carrier shall, as specifiedin the applicable ministerial ordinance of the MIC, notify the support institutionof matters as a basis for calculating the amount of compensations prescribingthe costs for providing universal telecommunications services pertainingto designation of paragraph (1) of the preceding article in the previousbusiness year and the revenues gained from providing universal telecommunicationsservices pertaining to said designation and other matters specified inthe applicable ministerial ordinance of the MIC.

(3)  The costs of the preceding paragraph shall be calculated bythe method specified in the applicable ministerial ordinance of the MIC as a basisfor calculating reasonable costs under efficient management.

(4)  The support institution shall, when obtained authorizationof paragraph (1), publish the amount of funds for compensations, as specifiedin the applicable ministerial ordinance of the MIC.

(Collection of the Contributions)
Article 110.
(1)  The support institution may, each business year, collectcontributions for funding all or part of expenditures necessary for thesupport service from the following telecommunications carriers whose scaleof business exceeds standards specified in the applicable cabinet order(hereinafter in this article referred to as "interconnecting telecommunicationscarriers, etc.".).  However, the amount of said contributions (hereinafterin this Section simply referred to as the "contributions".) to the ratioof the amount of money, calculated by the methods specified in the applicableministerial ordinance of the MIC, as the amount of revenues (where the personis, where there is merger, division (limited to those causing successionto all of the operations of telecommunications business.) or inheritancewith respect to other interconnecting telecommunications carriers, etc.in the previous business year or the business year (limited to the termuntil the day of notification in accordance with the provisions of paragraph(3).), a surviving juridical person after merger or a juridical personestablished as a result of merger, or a juridical person or an inheritorwho has succeeded to all of the operations of said business, or a personwho has succeeded to the all of the operations of telecommunications businessfrom other interconnecting telecommunications carriers, etc., the amountincludes revenues gained from the provision of telecommunications servicesof a juridical person dissolved after merger, a juridical person afterdivision or a predecessor, or interconnecting telecommunications carriers,etc. who are succeeded to said business in the previous business year)gained from telecommunications services in the previous business year providedby interconnecting telecommunications carriers, etc.,  shall not exceedthe ratio specified in the applicable cabinet order.

i)  A telecommunications carrier which concludes an agreementconcerning interconnection with telecommunications facilities for providinguniversal telecommunications services pertaining to designation of Article108 paragraph (1) that are installed by an eligible telecommunicationscarrier.
ii)  Telecommunications carriers that conclude agreements concerninginterconnections with telecommunications facilities of telecommunicationscarriers stipulated in the preceding item and telecommunications carrierswho install telecommunications facilities that interconnect with telecommunicationsfacilities stipulated in the same item via telecommunications facilitiesof other telecommunications carriers.
iii)  A telecommunications carrier which concludes a contractto receive wholesale telecommunications services using telecommunicationsfacilities which interconnect with telecommunications facilities stipulatedin item i) via telecommunications facilities stipulated in the same item,telecommunications facilities that interconnect with telecommunicationsfacilities thereof or telecommunications facilities of telecommunicationscarriers.

(2)  The support institution shall, every business year, calculatethe amount of contributions by the methods specified in the applicableministerial ordinance of the MIC, and obtain authorization of the amount ofcontributions and collection methods from the Minister.

(3)  The support institution shall, upon reception of authorizationof the preceding paragraph, notify interconnecting telecommunications carriers,etc. of the amount of contributions to pay, the due date and collectionmethods with written documents prescribing matters authorized attachedthereto.

(4)  Interconnecting telecommunications carriers, etc. shall, inaccordance with the notification of the preceding paragraph, bear obligationsto pay the contributions to the support institution.

(5)  Interconnecting telecommunications carriers, etc. shall, uponreception of the notification of paragraph (3), when they have not paidthe contributions to the support institution by the deadline, bear obligationsto pay arrears on overdue contributions, reckoned according to the numberof days from the day following the deadline to the preceding day of itspayment, with the rate being specified in the applicable ministerial ordinanceof the MIC,to the support institution.

(6)  The support institution shall, by setting a deadline, pressfor payment by sending a reminder to interconnecting telecommunicationscarriers, etc. that have not paid their due contributions.

(7)  The support institution may, when interconnecting telecommunicationscarriers, etc. who have received the reminder in accordance with the provisionsof the preceding paragraph have not paid their due contributions pertainingto the reminder and arrears specified in the provisions of paragraph (5)by the deadline, petition the Minister to that effect.

(8)  The Minister may, upon being petitioned in accordance with the precedingparagraph, order said interconnecting telecommunications carriers, etc.to pay the contributions and arrears in accordance with the provisionsof paragraph (5).

(Request for Submission of Documents)
Article 111.
The support institution may, when it deems necessary for conductingthe support service, request telecommunications carriers to submit necessarydocuments.

(Segment Accounting)
Article 112.
The support institution shall, where it conducts services other thanthe support service, shall put accounts in order by separating said servicesaccount from the support service account.

(Support Service Consulting Commission)
Article 113.
(1)  The support institution shall establish a support serviceconsulting commission.

(2)  The support service consulting commission may, in responseto inquiry from the representative of the support institution, study anddeliberate upon important matters concerning execution of the support serviceincluding the amount of funds for compensations and support methods, theamount of contributions and collection methods, and make necessary opinionsconcerning thereof to the representative of the support institution.

(3)  Members of the support service consulting commission shall,among telecommunications carriers and experts, be appointed by the representativeof the support institution, with authorization from the Minister.

(Transitional Measures upon Revocation of Designation of the SupportInstitution)
Article 114.
(1)  Where the Minister has revoked designation of a support institutionin accordance with the provisions of Article 84 paragraph (1) or (2) applied,mutatis mutandis, in Article 116 paragraph (1), when the Minister has newlydesignated a support institution after the revocation, assets pertainingto the support service of the support institution pertaining to the revocationshall belong to the newly-designated support institution.

(2)  In addition to matters stipulated in the preceding paragraph,where the Ministerhas revoked designation of a support institution in accordance with theprovisions of Article 84 paragraph (1) or (2) applied, mutatis mutandis,in Article 116 paragraph (1), management of assets pertaining to the supportservice and other necessary transitional measures (including transitionalmeasures concerning penal provisions) shall, to the extent deemed to bereasonably necessary, be stipulated in accordance with the applicable cabinetorder.

(Provision, Etc. of Information for the Support Institution)
Article 115.
The Ministershall provide the support institution with information and documents necessaryfor executing the support service, or instruction and advice.

(Application, Mutatis Mutandis)
Article 116.
(1) The provisions of Article 75 paragraph (2) item ii) through itemiv), Article 77 paragraph (1) and paragraph (3), Article 78 through Article84, and Article 90 shall apply, mutatis mutandis, to the support institution.

(2) In the cases of the preceding paragraph, the words and phrases listedin the middle column of the following table in the provisions listed inthe left column in the same table shall be read as the words and phraseslisted in the right column of the same table.

Article 75 paragraph (2)	paragraph (2) of the preceding paragraph	Article 106
Article 77 paragraph (3)	officer or qualification examiner	officer
	examination affairs rules	support service rules
Article 78	staff (including qualification examiners)	staff
	examination work	support service
Article 79 and Article 84 paragraph (2) item iv)	examination work	support service
	examination affairs rules	support service rules
Article 81, Article 82, Article 83 paragraph (1), and other part thanitems listed in Article 84 paragraph (2) and paragraph (3)	examination work	support service
Article 84 paragraph (1)	Article 75 paragraph (2) item i), item ii) or item iv)	Article 75 paragraph (2) item ii) or item iv) applied, mutatis mutandis,in Article 116 paragraph (1)
Article 84 paragraph (2) item i)	this Sub-Section	this Sub-Section applied, mutatis mutandis, in the provisions of Article109 paragraph (1) or paragraph (4), Article 110 paragraph (2), Article112 or Article 113 paragraph (3), or Article 116 paragraph (1)
Article 84 paragraph (2) item ii)	items of Article 75 paragraph (1)	items of Article 106
Article 90 paragraph (1)	registering a registered approval agency of Article 86 paragraph (1)	designating a support institution
	name and address of the registered approval agency, and class of businesspertaining to the registration, address of offices where the work of thetechnical conditions compliance approval	name and address of the designated support institution, and addressof offices where the work of the support service
	and date of the commencement of the work of the technical conditionscompliance approval	, and date of the commencement of the work of the support service
Article 90 paragraph (2)	matters listed in Article 86 paragraph (2) item i) or item iii)	its name or address, or the address of the office where the work ofthe support service is to be executed

 

 

Chapter III. Use of the Land,Etc.

 

Section 1.Approval of Business (Article 117 through Article 127)

(Approval of Business)
Article 117.
(1) A telecommunications carrier operating telecommunicationsbusiness of providing telecommunications services by installing telecommunicationscircuit facilities or a person who intends to operate said telecommunicationsbusiness may, when intending to be applied the provisions of the followingSection, by submitting an application, obtain approval for all or partof the operations of telecommunications business from the Minister by filingan application form.

(2) Any person who intends to obtain approvalshall, as specified in the applicable ministerial ordinance of the MIC, submitan application describing the following matters to the Minister.

i) Name and address and, in the caseswhere the applicant is a juridical person, name of the representative
ii) Service areas of the telecommunications businesspertaining to the application
iii) Outline of telecommunications facilitiesfor the use of telecommunications business pertaining to the application

(3) Documents which include the business plan specifiedin the applicable ministerial ordinance of the MIC shall be attached to the application.

(Reasons for Disqualification)
Article 118.
(1) Any person who falls under any of the followingitems may not obtain approval of paragraph (1) of the preceding article:

i) Any person who has been sentencedto a fine or severer penalty in accordance with the provisions of thisLaw, the Wire Telecommunications Law  or the Radio Law  and aterm of two years has not yet elapsed since the day on which the sentencesuspended sentence served out was served out or suspended
ii) Any person whose approval became invalidby falling under Article 125 item i) and a term of two years has not yetelapsed since the day of invalidation, or any person whose approval wasrevoked in accordance with the provisions of Article 126 paragraph (1)and a term of two years has not yet elapsed since the day of revocation
iii) Any juridical person or association, anyof whose officers falls under any of the preceding two items

(Approval Standards)
Article 119.
The Minister shall not grant approval under  Article117 paragraph (1), unless it is deemed that an application for approvalof the same paragraph  meets any of the following items:

i) The applicant shall have an adequatefinancial basis and a technical capability to properly perform a telecommunicationsbusiness pertaining to its application.
ii) The plan of the telecommunications businesspertaining to its application shall be reliable and rational.
iii) The applicant shall have a registrationof Article 9 necessary for operating a telecommunications business pertainingto its application or a registration of changes of Article 13 paragraph(1), or said applicant has notified Article 16 paragraph (1) or paragraph(3).

(Obligation to Commence Business)
Article 120.
(1) Any person who has obtained approval of Article117 paragraph (1) (hereinafter referred to as an "approved telecommunicationscarrier") shall commence the telecommunications business pertaining toits approval (hereinafter referred to as an " approved telecommunicationsbusiness") within the term prescribed by the Minister.

(2) The Minister may, when the Minister deems it especiallynecessary, prescribe the term of the preceding paragraph for each partof classified service areas of Article 117 paragraph (2) item ii).

(3) The Minister may, at the application of an approved telecommunicationscarrier, extend the term of paragraph (1), when the Minister deems thatthere is due reason to do so.

(4) When an approved telecommunications carrierhas commenced its approved telecommunications business (in the case ofthe term having been prescribed for each classified service area in accordancewith the provisions of paragraph (2), the approved telecommunications businesspertaining to the classification), it shall submit without delay a notificationto that effect to the Minister.

(Obligation to Provide Services)
Article 121.
(1) Any approved telecommunications carrier shallnot, without due reason, refuse to provide telecommunications servicespertaining to its approved telecommunications business.

(2) The Minister may, when an approved telecommunications carrierhas violated the provisions of the preceding paragraph, insofar as necessaryto ensure the users' benefit or public interest, order said approved telecommunicationscarrier to take measures for improving operations methods and other actions.

(Approval of Changes, Etc.)
Article 122.
(1) Any approved telecommunications carrier shall,when intending to change matters of Article 117 paragraph (2) item ii)or item iii), obtain approval from the Minister.  However, this shall notapply to minor changes specified in the applicable ministerial ordinanceof the MIC.

(2) Any approved telecommunications carrier shall,when having made the minor changes stipulated in the proviso of the precedingparagraph, without delay, submit a notification to  that effect tothe Ministerto that effect.

(3) The provisions of Article 117 paragraph (3),Article 118 item i) and item iii), and Article 119 shall apply, mutatismutandis, to the approval of paragraph (1).

(4) The provisions of Article 120 shall apply,mutatis mutandis, to the cases of paragraph (1) (except the cases whereits service areas decrease).  In these cases, "Article 117 paragraph(1)" in paragraph (1) of the same article shall be read as "Article 122paragraph (1)".

(5) Any approved telecommunications carrier shall,when matters of Article 117 paragraph (2) item i) have been changed, withoutdelay, submit a notification to that effect to  the Minister.

(Succession)
Article 123.
(1) In the cases where an approved telecommunicationscarrier has died, the inheritor (where there are two or more inheritors,one who has succeeded to said approved telecommunications business afterconsultations among inheritors concerned, the one.) shall succeed to thestatus of decedent as the approved telecommunications carrier.

(2) Where the inheritor of the preceding paragraphdoes not apply, within sixty days from the death of the decedent, for authorizationof its succession with the Minister, or when an administrative disposition thatthe Minister will not grant authorization to the application of the sameparagraph from the inheritor has been made, the approval of said approvedtelecommunications business becomes invalid after the term has elapsedor the administrative disposition has been made.

(3) When an approved telecommunications carrierwho is a juridical person has completed merger or break-up (limited tothose succeeding to all of the operations of approved telecommunicationsbusiness), the juridical person who survives continues to exist after mergeror who has been established as a result of merger, or the juridical personwho has succeeded to all of the operations of said business after break-upmay, with authorization from the Minister, succeed to the status of approved telecommunicationscarrier.

(4) When an approved telecommunications carrierhas transferred all of its operations of approved telecommunications business,the transferee of all of the operations of the approved telecommunicationsbusiness may, with authorization from the Minister, succeed to the status of approvedtelecommunications carrier.

(5) The provisions of Article 118 and Article119 shall apply, mutatis mutandis, to the authorization of the precedingthree paragraphs.

(Suspension and Discontinuation of Business)
Article 124.
(1) When an approved telecommunications carrierhas suspended or discontinued all or part of the operations of its approvedtelecommunications business, said telecommunications carrier shall submitwithout delay a notification to that effect to  the Minister.
(2) The term of suspension of the preceding paragraphshall not exceed one year.

(Invalidation of Approval)
Article 125.
When an approved telecommunications carrier hascome to fall under any of the following items, its approval shall becomeinvalid.

i) When the approved telecommunicationscarrier has been revoked its registration in accordance with the provisionof Article 14 paragraph (1)
ii) When the approved telecommunications carrierhas discontinued all of the operations of its approved telecommunicationsbusiness

(Revocation  of Approval)
Article 126.
(1)  The Minister may, when an approved telecommunicationscarrier falls under any of the following items, revoke its approval.

i) When the approved telecommunicationscarrier has come to fall under Article 118 item i) or item iii)
ii) When the approved telecommunications carrierdoes not commence its approved telecommunications business within the term(when the term was extended in accordance with the provisions of paragraph(3) of the same article, the extended term) specified in the provisionsof Article 120 paragraph (1)
iii) In addition to the cases stipulated in the preceding two items, in the cases where the approved telecommunicationscarrier has violated this Law, or the order or disposition based on thisLaw, when the Ministerdeems that the public interest is being hindered

(2)  The Minister shall, when the Minister has revokedan approval in accordance with the provisions of the preceding paragraph,notify the approved telecommunications carrier to that effect in writingwith reasons attached thereto.

(Revocation of Approval of Changes)
Article 127.
(1) When an approved telecommunications carrier,who has been given an approval of changes in matters of Article 117 paragraph(2) item ii) or item iii) in accordance with the provisions of Article122 paragraph (2) does not change the matters within the term (when theterm has been extended in accordance with the provisions of Article 120paragraph (3) applied, mutatis mutandis, in Article 122 paragraph (4),the extended term) specified in accordance with the provisions of Article120 paragraph (1) applied, mutatis mutandis, in Article 122 paragraph (4),the Ministermay revoke the approval.

(2) The provisions of paragraph (2) of the precedingarticle shall apply, mutatis mutandis, to the cases of the preceding paragraph.
 

Section 2. Useof Land (Article 128 through Article 143)

(Rights-of-Way)
Article 128.
(1)  An approved telecommunications carriermay, when it is necessary and reasonable to use other persons' land andworks firmly affixed thereto, including buildings, etc. (except administrativeproperties stipulated in Article 3 paragraph (2) of the National PropertyLaw (Law No. 73 of 1948), administrative properties stipulated in Article238 paragraph (3) of the Local Autonomy Law (Law No. 67 of 1947) and othersspecified in the applicable cabinet order (referred to as "administrativeproperties, etc." in paragraph (4)); hereinafter referred to as the "land,etc.") for establishment of wires and cables, antennas (with respect towires and cables, antennas which are installed in premises, etc. for useof communications for persons who are in said premises or buildings, limitedto wires and cables, antennas installed in premises, etc. open to the publicfor a free passage or assembling) and other facilities accessory theretofor the use of its telecommunications business (in this Section referredto collectively as "lines"), request the owner of the land, etc. (to theowner and any other person, if any, using the land, etc. by virtue of titleother than ownership, the same shall apply hereinafter.) to negotiate thecreation of a right to use the land, etc. (hereinafter referred to as "rights-of-way")subject to the authorization of the Minister.  The same shall apply to thecases where the approved telecommunications carrier intends to continuouslyuse the land, etc. after the expiration of the term of paragraph (3), byextending it.

(2)  The approval of the preceding paragraphmay be granted insofar as the use of an approved telecommunications carrierdoes not seriously interfere with the use of the land, etc.  However,such use based on the rights-of-way shall be limited, in the cases of theland, etc. in use for the business for which the land, etc. may be expropriatedor used in accordance with other laws, to the extent that the use may notinterfere with the use of the land, etc. for such business, and shall belimited, in the cases of buildings or other structures, for the purposeof supporting lines.

(3)  The duration of the rights-of-way ofparagraph (1) shall be fifteen years (or fifty years if the purpose ofuse is the establishment of underground cables or other underground structuresor steel- or concrete-made ground structures).  This shall not apply,however, where a shorter duration is agreed upon in the negotiations ofthe same paragraph or is decided on in the award of Article 132 paragraph(2) or (3).

(4)  Upon application for authorization ofparagraph (1), the Minister shall, when deemed necessary, hear the opinion ofthe owner of the land, etc. (where the land, etc. are buildings or otherworks firmly affixed to administrative properties, etc., managers of saidadministrative properties, etc. and other persons specified in the applicablecabinet order shall be included.  The same shall apply in the followingparagraph, and Article 130 paragraph (1) and Article 131.).

(5)  The Minister shall, where the Minister hasgranted authorization of paragraph (1), issue a notice to the owner ofthe land, etc. to that effect and issue a public notice thereof.

(6)  Where an agreement has been reachedin the negotiation of paragraph (1), the approved telecommunications carrierand the owner of the land, etc. shall, as specified in the provisions ofthe applicable ministerial ordinance of the Minister, submit a notification specifyingthe matters agreed upon during the negotiation to the Minister.

(7)  When the notification of the precedingparagraph has been submitted, the rights-of-way concerning the land, etc.shall be acquired by the approved telecommunications carrier concerned,or the duration of the rights-of-way shall be extended, in accordance withthe notification.

(8)  An approved telecommunications carrierand owners of the land, etc. may extinguish the rights-of-way by mutualagreement.  In this case, the parties shall, without delay, submita notification to that effect to the Minister.

(Application for an Award)
Article 129.
(1)  When negotiations in accordance withthe provisions of paragraph (1) of the preceding article fail to come toan agreement or to start, the approved telecommunications carrier may,in accordance with the procedures stipulated in the applicable ministerialordinance of the MIC, apply to the Minister for his or her award on the use of the land,etc.  This shall not apply, however, to the cases where three monthshave elapsed since the day on which the authorization of the same paragraphwas granted.

(2)  An approved telecommunications carriermay, when it has applied for an award on the extension of the durationof the rights-of-way in accordance with the provisions of the precedingparagraph, continue to use the land, etc. until the award is made.

(An award)
Article 130.
(1)  When the Minister has accepted an applicationfor an award in accordance with the provisions of paragraph (1) of thepreceding article, the Minister shall, within three days, forward a copyof the application to said mayor of the city or said chief administrativeofficer of the town or village, and issue a notice to the owner of theland, etc. that the application for an award has been lodged.

(2) When the mayor of the city or the chief administrativeofficer of the town or village has received the copy of the preceding paragraph,he or she shall, within three days, issue a public notice to that effectand submit the copy to public inspection for one week from the day of thepublic notice.

(3) The mayor of the city or the chief administrativeofficer of the town or village shall, upon issuing the public notice inaccordance with the provisions of the preceding paragraph, report the Minister of thedate of the public notice.

(4) With respect to the application of the provisionsof the preceding three paragraphs, the "mayor of the city or the (said)chief administrative officer of the town or village" in those provisionsshall be read as the "chief administrative officer of the special ward"for places where a special ward exists; as the "chief administrative officerof the ward" for a designated city of Article 252-19 paragraph (1) of theLocal Autonomy Law; as the "manager of the whole-affairs association" forplaces where a whole-affairs association exists; and as the "manager ofthe town and village office-administration association" for places wherea town and village office-administration association exists.

Article 131.
When the public notice in accordance with theprovisions of paragraph (2) of the preceding article has been issued, theowner of the land, etc. or any other interested person may present hisor her opinions in writing to the Minister within ten days from the day of thepublic notice.

Article 132.
(1)  The Minister shall issue an award promptlyafter the term of the preceding article has elapsed.

(2)  The award which stipulates that therights-of-way be created shall specify the following matters:

i)  Location and limits of the land,etc. on or across which the rights-of-way  is to be created
ii)  Kind and number of lines
iii)  Time of the commencement of use
iv)  Term of the rights-of-way, when determined
v)  Amount of compensations, and the timeand method of the payment

(3)  An award which stipulates that the termof the rights-of-way be extended shall stipulate the term of the extension(where the matters specified in item v) of the preceding paragraph areto be amended at the occasion of the extension, the term to be extendedand the matters, as amended, shall be specified in the same item).

(4)  The Minister shall, with respect to the mattersspecified in item v) of paragraph (2) (including those, as amended, stipulatedin the preceding paragraph), hear the opinions of the expropriation committeeof the prefecture to which the jurisdiction over the land, etc. belongsbeforehand and then issue an award based on these opinions.  In thiscase, the standards for sum of compensations of said item shall be specifiedin the applicable cabinet order for each kind of lines and land, etc. tocover the loss ordinarily arising from the use thereof.

(5)  When the Minister has issued an award of Article129 paragraph (1), the Minister shall without delay issue a notice to theapproved telecommunications carrier and the owner of the land, etc. tothat effect and issue a public notice thereof.

(6)  When an award which stipulates thatthe rights-of-way be created has been issued, the rights-of-way of theland, etc. will be acquired by the approved telecommunications carrierat the time of the commencement of the use stipulated in the award.

(7)  When an award which stipulates thatthe term of the right?of-way be extended has been issued, the term of saidrights-of-way will be extended for the term stipulated in the award.

(8)  The provisions of Article 35 paragraph(8) through paragraph (10) shall apply, mutatis mutandis, to the awardof Article 129 paragraph (1).  In these cases, "the amount of moneyto be paid or received by the party (or parties)" in Article 35 paragraphs(8) and (10), shall be read as "the amount of compensations".

(Temporary Use of the Land, Etc.)
Article 133.
(1)  With respect to implementation of anauthorized telecommunications business, an approved telecommunicationscarrier may, when it is necessary and unavoidable to use other persons'land, etc. for the purposes specified in the following items, temporarilyuse it insofar as such use does not seriously interfere with the utilizingof the land, etc.  However, in the cases of buildings or other structures,such use shall be limited for the purpose of supporting lines.

i)  Establishing of storage yardsfor materials and motor pools and soil and stone dumps which are necessaryfor the execution of line installation
ii)  Establishing of lines and other telecommunicationsfacilities necessary to ensure essential communications in the cases wherea natural disaster, accident or any other emergency has occurred or whereany other especially compelling reason exists
iii)  Setting up of land survey markers

(2)  Any approved telecommunications carriershall obtain permission from the Minister before it temporarily uses other persons'land, etc. in accordance with the provisions of the preceding paragraph. This shall not apply, however, to temporary use for a term of not exceedingfifteen days where a natural disaster, accident or any other emergencyhas occurred.

(3)  Any approved telecommunications carriershall issue a prior notice to the occupant of the land, etc. before ittemporarily uses this person's land etc. in accordance with the provisionsof paragraph (1).  However, when it is difficult to issue such noticebeforehand, it shall suffice for the telecommunications carrier to issuea notice without delay after the commencement of the use.

(4)  If the land, etc. intended for temporaryuse in accordance with the provisions of paragraph (1) is currently inuse for a residence, the consent of the residents thereof shall be obtained.

(5)  The term of the temporary use in accordancewith the provisions of paragraph (1) shall not exceed six months (or oneyear, where temporary lines or land survey markers have been set up inthe cases stipulated in item ii) of the same paragraph).

(6)  Any person who enters upon other person'sland, etc. for the purpose of temporary use in accordance with the provisionsof paragraph (1) shall carry a document certifying that permission hasbeen given under paragraph (2) (or an identification card in the casesof the proviso of the same paragraph) and shall produce it to the personsconcerned.

(Entry upon Land)
Article 134.
(1)  An approved telecommunications carriermay enter other person's land when it is necessary for a survey, on-siteinvestigation, or installation in relation to telecommunications lines.

(2)  The provisions of paragraphs (2), (3),(4) and (6) of the preceding article shall apply, mutatis mutandis, tothe cases where an approved telecommunications carrier enters upon otherperson's land in accordance with the provisions of the preceding paragraph.

(Passage)
Article 135.
(1)  An approved telecommunications carriermay pass through other person's land when it is necessary for the installationin relation to lines or for the maintenance of lines.

(2)  The provisions of Article 69 paragraph(3) and Article 133 paragraphs (3) and (4) shall apply, mutatis mutandis,to the cases where an approved telecommunications carrier passes throughother person's land in accordance with the provisions of the precedingparagraph.

(Removing Trees and Foliage)
Article 136.
(1)  Where any trees or foliage cause atrouble or are at a risk of causing a trouble to lines or interfere withsurveys, on-site investigations or installation in relation to lines, anapproved telecommunications carrier may, when it is unavoidable, cut ortransplant the trees or foliage after obtaining permission from the Minister.

(2)  An approved telecommunications carriershall, before it cuts down or transplants such trees or foliage in accordancewith the provisions of the preceding paragraph, issue a notice to the ownerof the trees or foliage to that effect.  However, if it is difficultto issue a notice beforehand, it shall suffice for the approved telecommunicationscarrier to issue a notice without delay after the cutting down or transplanting.

(3)  Where trees or foliage cause a troubleto lines and when an approved telecommunications carrier deems that theywould, unless removed, cause serious damage to the lines and result inserious interference with ensuring of communications, the carrier may cutor transplant them without obtaining permission of the Minister, notwithstandingthe provisions of paragraph (1).  In this case, the approved telecommunicationscarrier shall submit without delay, after the cutting or transplanting,a notification to that effect to the Minister and shall issue a notice to the ownerof the trees or foliage to that effect.

(Compensation for Loss)
Article 137.
(1)  When an approved telecommunicationscarrier has caused a loss by having temporarily used other person's land,etc. in accordance with the provisions of Article 133 paragraph (1), byhaving entered other person's land in accordance with the provisions ofArticle 134 paragraph (1), by having passed other person's land in accordancewith the provisions of Article 135 paragraph (1), or by having cut or transplantedany trees or foliage in accordance with the provisions of paragraph (1)or (3) of the preceding article, the approved telecommunications carriershall pay to the person who has suffered a loss compensations for the loss.

(2)  When negotiations between an approvedtelecommunications carrier and a person who has suffered a loss fail tocome to an agreement or to start with respect to the compensations fora loss in accordance with the provisions of the preceding paragraph, theapproved telecommunications carrier or the person who has suffered a lossmay, in accordance with the procedures stipulated in the applicable ministerialordinance of the MIC, apply to the prefectural governor for an award.

(3)  The provisions of Article 35 paragraphs(5) through (10) shall apply, mutatis mutandis, to the award of the precedingparagraph.  In this case, "the Minister" in Article 39 paragraph (5) shallbe read as "the prefectural governor" and "answers in writing" in Article35 paragraph (5) shall be read as "answers in writing (or opinions in writingin the case of a notice to be given to the person who has suffered a loss)";"the Minister"in paragraph (6) of the same article shall be read as "the prefecturalgovernor"; "the amount of money to be paid or received by the party (orparties)" in paragraphs (8) and (10) of the same article shall be readas the "amount of compensations".

(4)  The award which stipulates that compensationsbe paid shall specify the amount of compensations, and the time and methodof the payment.

(Relocation, Etc. of Lines)
Article 138.
(1)  When lines have come to seriously interferewith the use of the land, etc. on or across which the lines are establishedbased on rights-of-way or of the land, etc. adjacent thereto due to alterationin the purpose or method of use of the land, etc., the owner of the land,etc. concerned may request the approved telecommunications carrier concernedto take measures necessary to remove the interference such as relocatingthe lines.

(2)  Any approved telecommunications carriershall take the measures in accordance with the preceding paragraph, exceptin the cases where those measures adversely affect the carrying out ofits business activities or involve technical difficulties to a significantextent.

(3)  Where negotiations between an approvedtelecommunications carrier and an owner of the land, etc. fail to cometo an agreement or to start with respect to the measures in accordancewith paragraph (1), the approved telecommunications carrier or the ownerof the land, etc. may, in accordance with the procedures stipulated inthe applicable ministerial ordinance of the MIC, apply to the Minister for an award.

(4)  The provisions of Article 130 and Article131, and Article 132 paragraphs (1) and (5) shall apply, mutatis mutandis,to the award of the preceding paragraph.

(5)  The award which stipulates that themeasures of paragraph (1) be taken may stipulate that the all or part ofthe expenses for the measures be borne by the owner of the land, etc. concerned.

(6)  The award which stipulates that themeasures of paragraph (1) be taken shall stipulate the time when such measuresshould be taken (in the cases of the preceding paragraph, the time whensuch measures should be taken, the amount of money to be borne by the ownerof the land, etc. concerned and the time and method of the payment).

(7)  When a public notice has been issuedin accordance with the provisions of paragraph (4) applied, mutatis mutandis,in Article 132 paragraph (5), it shall be deemed that an agreement hasbeen reached between the approved telecommunications carrier and the ownerof the land, etc. concerned, as stipulated in the award.

(8)  The provisions of Article 35 paragraphs(8) through (10) shall apply, mutatis mutandis, to the award of paragraph(3).  In this case, "the amount of money to be paid or received bythe party (or parties)" in paragraphs (8) and (10) of the same articleshall be read as "the amount of expenses to be borne".

(Obligation to Restore to Status Quo Ante)

Article 139.
When an approved telecommunications carrier hasterminated the use of the land, etc. or when its use of the land, etc.for its approved telecommunications business that is no longer necessary,the approved telecommunications carrier shall return the land, etc. afterrestoring it to status quo ante or paying to the owner compensations forthe loss due to not restoring it to status quo ante

(Use of Public Waters)
Article 140.
(1)  Any approved telecommunications carriershall, before it lays an underwater cable to be used for its approved telecommunicationsbusiness (hereinafter referred to as an "underwater cable") under any watersused for public use (hereinafter referred to as "waters"), submit a notificationto the Ministerand the relevant prefectural governor (including the Minister for Agriculture,Forestry and Fisheries, where the waters are fishing places over whichthe Minister exercises the power of the prefectural governor in accordancewith the provisions of Article 136 of the Fisheries Law (Law No. 267 of1949), the same shall apply to the following paragraph.) on the followingmatters:

i)  Locations of the underwatercable and areas for which an application of paragraph (1) of the followingarticle is to be filed
ii)  Time of the commencement and completionof the installation work
iii)  Outline of the installation work

(2)  When the relevant prefectural governor,upon receipt of a notification in accordance with the provisions of thepreceding paragraph, deems it necessary to alter any of the matters pertainingto the notification in accordance with the provisions of the precedingparagraph after hearing the opinions of any person interested in the rightsto fish (meaning fishery rights under the Fisheries Law; hereinafter thesame shall apply.) or of any other person actually and duly engaged infishing stipulated in the applicable cabinet order of paragraph (4) ofthe following article within the area of item i) of the preceding paragraphor after taking into account the effect of the telecommunications cablelaying on fishing, he or she may, after a necessary consultation with anyother prefectural governor involved, if any, issue a notice to the Minister and saidapproved telecommunications carrier to that effect within thirty days fromthe day on which said notification was submitted to the governor.

(3)  The provisions of Article 11 paragraph(6) of the Fisheries Law shall apply, mutatis mutandis, to the cases inaccordance with the provisions of the preceding paragraph.  In thiscase, "the prefectural governor" in Article 11 paragraph (6) of the FisheriesLaw shall be read as "relevant prefectural governor who received the notificationin accordance with the provisions of Article 140 paragraph (1) of the TelecommunicationsBusiness Law".

(4)  The approved telecommunications carriershall, upon receiving the notice in accordance with the provisions of paragraph(2), change said matters.  This shall not apply, however, to suchmatters that would seriously interfere with the carrying out of its businessactivities insofar as authorization has been obtained from the Minister not tomake such changes with respect to said matters.

(Protection of Underwater Cable)
Article 141.
(1)  When an application from an approvedtelecommunications carrier has been submitted, the Minister may, when it isdeemed necessary for the protection of the underwater cable concerned withrespect to which the laying procedures stipulated in the preceding articlehas been completed, designate an area not exceeding one thousand meters(or fifty meters with respect to a river to which the River Law (Law No.167 of 1964) shall apply, or shall apply, mutatis mutandis; hereinafterreferred to as a "river") from the underwater cable as a protected area.

(2)  The designation of the provisions ofthe preceding paragraph shall be made by a notice.

(3)  Any approved telecommunications carriershall, as specified in the provisions of the applicable ministerial ordinanceof the MIC,when a protected area has been designated in accordance with the provisionsof paragraph (1), place landmarks indicating such area and issue a publicnotice of the locations of the landmarks.

(4) In a protected area of paragraph (1), no personshall anchor a boat or ship, engage in fishing with a bottom dragnet orin such manners as specified in the applicable cabinet order, dig and gatherearth and sand or moor a boat or raft to the landmarks of the precedingparagraph.  This shall not apply, however, in the cases, specifiedin the applicable cabinet order, where unavoidable circumstances existin the case of construction work for a river to be conducted by a riverconservator; in the case of construction work for coastal conservationinstallations stipulated in Article 2 paragraph (1) of the Sea Coast Law(Law No. 101 of 1956) (in this paragraph referred to as "coastal conservationinstallations") to be executed by a coastal conservator stipulated in Article2 paragraph (3) of the same law (in this article referred to as "coastalconservator"); or in the case of construction work for coastal conservationinstallations to be executed by the competent Minister in accordance withthe provisions of Article 6 paragraph (1) of the same law; or in othercases specified in the applicable cabinet order.

(5)  When an application from an approvedtelecommunications carrier has been submitted, the prefectural governor(or the Minister for Agriculture, Forestry and Fisheries, where the governorexercises the power of the prefectural governor in accordance with theprovisions of Article 136 of the Fisheries Law, the same shall apply inparagraph (7).) may, when it is deemed necessary to protect the underwatercable, revoke or change the fishery rights which have been created in waterswithin the protected area of paragraph (1), or may order to suspend theexercise of such rights.

(6)  The provisions of Article 11 paragraph(6) of the Fisheries Law shall apply, mutatis mutandis, to the cases ofrevocation or changes of the fishery rights, or suspension of the exerciseof such rights in accordance with the provisions of the preceding paragraph. In these cases, "the prefectural governor" in Article 11 paragraph (6)of the Fisheries Law shall be read as "relevant prefectural governor whohas received the application in accordance with the provisions of Article141 paragraph (5) of the Telecommunications Business Law".

(7)  The prefectural governor shall, in creatinga fishery right in waters within the protected area of paragraph (1), paynecessary consideration for the protection of the underwater cable concerned.

(8)  A coastal conservator shall, in permittingthe establishment of installations or structures on and under waters withinthe protected area of paragraph (1) or in permitting any act on and undersuch waters, pay necessary consideration for the protection of the underwatercable concerned.

Article 142.
(1)  Any approved telecommunications carriershall pay to any person holding a fishery right compensations for any losscaused by the revocation or changes of this person's fishery rights orby the suspension of the exercise thereof in accordance with the provisionsof paragraph (5) of the preceding article.

(2)  The provisions of Article 39 paragraphs(7) through (12) of the Fisheries Law shall apply, mutatis mutandis, tothe compensations for loss in accordance with the provisions of the precedingparagraph.  In this case, "prefectures" in paragraphs (10) and (11)of the same article shall be read as "approved telecommunications carriers".

Article 143.
No vessel shall navigate in waters within theboundary stipulated in the applicable ministerial ordinance of the MIC, not exceedingone thousand meters (or fifty meters with respect to a river) from a vesselwhich is laying or repairing an underwater telecommunications cable belongingto an approved telecommunications carrier, and which displays a symbolindicating that activity, or within the boundary stipulated in the applicableministerial ordinance of the MIC, not exceeding four hundred meters (or thirtymeters with respect to a river) from a buoy which marks the location ofthe underwater cable being laid or repaired and which displays a symbolindicating such a buoy.

Chapter IV. TelecommunicationsBusiness Dispute Settlement Commission

 

Section 1. Establishmentand Organization (Article 144 through Article 153)

(Establishment and Authority)
Article 144.
(1)  A Telecommunications Business DisputeSettlement Commission (hereinafter referred to as the "Commission") shallbe established under the MIC.

(2)  The Commission shall deal with mattersattributed to the authority thereof in accordance with the provisions ofthis Law.

(Organization)
Article 145.
(1)  The Commission shall be composed offive Commissioners.

(2)  The Commissioners shall be part time. However, two of the Commissioners may be full time.

(Chair)
Article 146.
(1)  A Chair shall be established in theCommission, who is elected via mutual vote from among the Commissioners.

(2)  The Chair shall preside over the operationsof the Commission and shall represent the Commission.

(3)  The Chair shall nominate beforehandan acting chair from the Commissioners, who shall act on behalf of theChair when the Chair is incapable of fulfilling the duties.

(Appointment of the Commissioners)
Article 147.
(1)  The Commissioners shall be appointedby the Minister,from persons capable of making fair judgment with rich experience and knowledgein telecommunications, with consent from both the House of Representativesand the House of Councillors.

(2)  Where a Commissioner has served outthe full term of office or where the necessity has arisen to fill up avacancy of Commissioners, the Minister may, notwithstanding the provisions of thepreceding paragraph, appoint a person from qualified persons specifiedin the preceding paragraph to a Commissioner without the consent of boththe House of Representatives and the House of Councillors when impossible,due to the Diet being out of session or due to the House of Representativesbeing dissolved, to obtain the consent of both the House of Representativesand the House of Councillors for the appointment of the Commissioner.

(3)  In the cases of the preceding paragraph,at the first Diet session after the appointment the Minister shall obtainthe ex post facto approval of both the House of Representatives and theHouse of Councillors.  In this case, if the appointment cannot obtainthe ex post facto approval of both the House of Representatives and theHouse of Councillors, the Minister shall discharge the Commissioner.

(Term of Office)
Article 148.
(1)  The Commissioner's term of office shallbe three years.  However, a Commissioner who has been appointed tofill up a vacancy shall hold the office for the remainder of the predecessor'sterm.

(2)  Any of the Commissioners can be reappointed.

(3)  When the term of office of a Commissionerpasses, said Commissioner shall perform the official duties until the successoris appointed.

(Discharge)
Article 149.
When the Minister deems that a Commissioner is incapableof performing the official duties due to mental or physical disabilityor that a Commissioner has committed a breach of the official duties orany other misconduct not befitting Commissionership, the Minister may discharge theCommissioner with the approval of both the House of Representatives andthe House of Councillors.

(Standards of Conduct for the Commissioners)
Article 150.
(1)  Any Commissioner shall not divulgesecrets obtained through duties.  The same shall apply after the Commissionerretires from office.

(2)  Any Commissioner shall not become, duringthe term of office, an official of political parties or any other politicalorganizations, or shall not engage actively in political movement.

(3)  Any full-time Commissioner shall not,during the term of office, except the cases where there is an approvalof the Minister,engage in other jobs with remuneration, operate for-profit business, orconduct any business for pecuniary profit.

(Salary of Commissioners)
Article 151.
Salaries of Commissioners shall be separatelyspecified by law.

(Secretariat)
Article 152.
(1) In order to deal with work of the Commission,a Secretariat shall be set up in the Commission.

(2)  In the Secretariat, a Director-Generaland other necessary officials shall be employed.

(3)  The Director-General shall, under theorder of the Chair, handle the work of the Secretariat.

(Entrustment to Cabinet Order)
Article 153.
In addition to matters stipulated in this Section,necessary matters concerning the Commission shall be stipulated in theapplicable cabinet order.
 

Section 2. Mediationand Arbitration (Article 154 through Article 159)

(Mediation Concerning Interconnection ofTelecommunications Facilities)
Article 154.
(1)  Between telecommunications carriers,when one party offers to enter into an agreement concerning interconnectionsof telecommunications facilities but the other party does not accede toconsult or said consultation fails to come to an agreement, or when theparties do not agree in consultation on the amount of money the partiesreceive or pay or other details of agreement including terms and conditionsof interconnections, a party may apply the Commission for mediation. However, where the parties have already filed petition of Article 35 paragraph(1) or (2), applied for an award in accordance with the provisions of Article35 paragraph (3), or applied for arbitration in accordance with the provisionsof paragraph (1) of the following article, this shall not apply.

(2)  The Commission shall, except when itis deemed that the case is not appropriate for mediation by its nature,or that the parties have applied for mediation improperly for undue purposes,conduct mediation.

(3)  The mediation of the Commission shallbe conducted by mediation commissioners appointed by the Commission ateach case from the Commissioners or other officials of the Commission (limitedto those who have been appointed by the Commission beforehand; the sameshall apply in paragraph (3) of the following article).

(4)  The mediation commissioners shall mediatethe parties, confirm the points of both parties' arguments, and make effortsso that the case can be resolved.

(5)  The mediation commissioners may hearopinions from the parties or request the parties to report, compile a mediationplan necessary for resolution of the case, and present it to the parties.

(6)  The mediation commissioners shall, withrespect to the case they are mediating, when the parties file petitionof Article 35 paragraph (1) or (2), apply for an award in accordance withthe provisions of Article 35 paragraph (3), or apply for arbitration inaccordance with the provisions of paragraph (1) of the following article,terminate said mediation.

(Arbitration Concerning Interconnection ofTelecommunications Facilities)
Article 155.
(1)  Between telecommunications carriers,when one party offers to enter into an agreement concerning interconnectionsof telecommunications facilities but the other party does not accede toconsult or said consultation fails to come to an agreement, or when theparties do not agree in consultations on the amount of money the partiesreceive or pay or other details of agreement including terms and conditionsof interconnections, both of the parties may apply to the Commission forarbitration.  However, after the parties have already filed petitionof Article 35 paragraph (1) or (2), or applied for an award in accordancewith the provisions of paragraph (3) of the same article, this shall notapply.

(2)  Arbitration of the Commission shallbe conducted by three arbitration commissioners.

(3)  The Commission shall appoint those whomchosen by agreement of the parties from Commissioners of the Commissionor other officials as arbitration commissioners.  However, when thereis no choice of arbitration commissioners with agreement of the parties,the Commission shall appoint the arbitration commissioners from the Commissionersor other officials of the Commission.

(4)  For arbitration, unless otherwise specifiedin this article, deeming arbitration commissioners as arbitrators, theprovisions of the Law Concerning Public Summons Procedure and ArbitrationProcedure (Law No. 29 of 1890) Part VIII (Arbitration Procedure) shallapply, mutatis mutandis.

(Application, Mutatis Mutandis)
Article 156.
(1)  The provisions of the preceding twoarticles shall be applied, mutatis mutandis, to agreements concerning sharingof telecommunications facilities.  In this case, "terms and conditionsof interconnections" in Article 154 paragraph (1) and paragraph (1) ofthe preceding article shall be read as "terms and conditions for sharing";"Article 35 paragraph (1) or (2)" in Article 154 paragraphs (1) and (6),and paragraph (1) of the preceding article shall be read as "Article 38paragraph (1)"; "paragraph (3) of the same article" in Article 154 paragraphs(1) and (6), and paragraph (1) of the preceding article shall be read as"Article 35 paragraph (3) applied, mutatis mutandis, in paragraph (2) ofthe same article".

(2)  The provisions of the preceding twoarticles shall be applied, mutatis mutandis, to contracts concerning theprovision of wholesale telecommunications services.  In this case,"terms and conditions of interconnections" in Article 154 paragraph (1)and paragraph (1) of the preceding article shall be read as "terms andconditions"; "details of agreement" in Article154 paragraph (1) and paragraph(1) of the preceding article shall be read as "details of contract"; "Article35 paragraph (1) or (2)" in Article 154 paragraphs (1) and (6), and paragraph(1) of the preceding article shall be read as "Article 38 paragraph (1)applied, mutatis mutandis, in Article 39"; "Article 35 paragraph (3) ofthe same article" in Article 154 paragraphs (1) and (6), and paragraph(1) of the preceding article shall be read as "Article 35 paragraph (3)applied, mutatis mutandis, in Article 39".

(Mediation, Etc. Concerning Other Agreements,Etc.)
Article 157.
(1)  Between telecommunications carriers,concerning conclusion of an agreement or contract stipulated in the applicablecabinet order as necessary for ensuring the smooth provision of telecommunicationsservices (referred to as an "agreement, etc." in paragraph (3)), when theparties fail to come to an agreement in consultation on the amount of moneythe parties receive or pay or other details of agreement including termsand conditions, either party may apply to the Commission for mediation.

(2)  The provisions of Article 154 paragraphs(2) through (5) shall apply, mutatis mutandis, to the mediation of thepreceding paragraph.

(3)  Between telecommunications carriers,concerning conclusion of an agreement, etc., when the parties fail to cometo an agreement in consultations on the amount of money the parties receiveor pay or other details of agreement including terms and conditions, theparties may apply to the Commission for arbitration.

(4)  The provisions of Article 155 paragraphs(2) through (4) shall apply, mutatis mutandis, to arbitration of the precedingparagraph.

(Application by Way of the Minister)
Article 158.
Any application for mediation or arbitrationto the Commission in accordance with the provisions of this Section shallbe made by way of the Minister.

(Entrustment to Cabinet Order)
Article 159.
In addition to matters stipulated in this Section,matters necessary for procedures for mediation and arbitration shall bestipulated in the applicable cabinet order.
 

Section 3. Inquiry,Etc. (Article 160 through Article 162)

(Inquiry of the Commission)
Article 160.
The Minister shall, with respect to matters listed in thefollowing items, inquire of the Commission.  However, on matters theCommission deems to be minor, this shall not apply.

i)  Orders concerning interconnectionsof telecommunications facilities in accordance with  the provisionsof Article 35 paragraph (1) or (2), awards concerning interconnectionsof telecommunications facilities in accordance with the provisions of paragraph(3) or (4) of the same article, orders concerning sharing of telecommunicationsfacilities in accordance with the provisions of Article 38 paragraph (1),awards concerning sharing of telecommunications facilities in accordancewith the provisions of Article 35 paragraph (3) or (4) which apply, mutatismutandis, in Article 38 paragraph (2), awards concerning the provisionof wholesale telecommunications service in accordance with the provisionsof Article 35 paragraph (3) or (4) which apply, mutatis mutandis, in Article39, orders concerning the provision of wholesale telecommunications servicein accordance with the provisions of Article 38 paragraph (1) which apply,mutatis mutandis, in article 39, authorization concerning use of the land,etc. in accordance with the provisions of Article 128 paragraph (1), awardsconcerning use of the land, etc. in accordance with the provisions of Article129 paragraph (1), or awards concerning measures necessary for eliminationof interference in accordance with the provisions of Article 138 paragraph(3).
ii)  Orders to change tariffs in accordancewith the provisions of Article 19 paragraph (2), orders to change securitytariffs in accordance with the provisions of Article 20 paragraph (3),orders to change charges for specified telecommunications services in accordancewith the provisions of Article 21 paragraph (4), orders to improve businessactivities in accordance with the provisions of Article 29 paragraph (1),orders in accordance with the provisions of Article 30 paragraph (4) tocease or change acts violating the provisions of Article 30 paragraph (3),orders in accordance with the provisions of Article 31 paragraph (3) tocease or change acts violating the provisions of Article 31 paragraph (2),orders to apply for authorization of changes in interconnection tariffsin accordance with the provisions of Article 33 paragraph (6), orders tochange interconnection tariffs in accordance with the provisions of paragraph(8) of the same article, orders to change interconnection tariffs in accordancewith the provisions of Article 34 paragraph (3), recommendations to changea plan in accordance with the provisions of Article 36 paragraph (3), ororders to improve business activities in accordance with the provisionsof Article 121 paragraph (2).

(Special Cases of Hearing)
Article 161.
(1)  The Minister shall, when the Minister intendsto make administrative dispositions in accordance with the provisions ofArticle 19 paragraph (2), Article 20 paragraph (3), Article 21 paragraph(4), Article 29 paragraph (1) or (2), Article 30 paragraph (4), Article31 paragraph (3), Article 33 paragraph (6) or (8), Article 34 paragraph(3), Article 35 paragraph (1) or (2), Article 38 paragraph (1) (includingthe cases where Article 38 paragraph (1) shall apply, mutatis mutandis,in Article 39), or Article 121 paragraph (2), notwithstanding the divisionof procedures for allegation of opinions in accordance with the provisionsof Article 13 paragraph (1) of the Administrative Procedures Law (Law No.88 of 1993), hold a hearing.

(2)  Where a hearing pertaining to an administrativedisposition stipulated in the preceding paragraph is held, when said dispositionis a disposition that is to be inquired of the Commission in accordancewith the provisions of the preceding article, the chair of the hearingpertaining to said disposition shall be appointed from among the Commissionersupon recommendation from the Commission.

(3)  The chair of the hearing pertainingto the disposition stipulated in the paragraph (1) shall, when interestedparties pertaining to said disposition have requested to participate inthe procedures concerning said hearing in accordance with the provisionsof Article 17 paragraph (1) of the Administrative Procedures Law, grantpermission for such request.

(Recommendation)
Article 162.
(1)  The Commission may make necessary recommendationsto the Ministerwith respect to matters under its authority in accordance with the provisionsof this Law.

(2)  Upon receipt of a recommendation ofthe preceding paragraph, the Minister shall publish the recommendation.
 Chapter V. Miscellaneous Provisions

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(Conditions for Registration, Etc.)
Article 163.
(1)  Conditions may be attached to registration(except the registration of Article 86 paragraph (1).  The same shallapply in the following paragraph.), authorization, permission or approval(except the technical conditions compliance approval.  The same shallapply in the following paragraph.) and such conditions may be changed.

(2)  Conditions of the preceding paragraphshall be, in light of the purposes of registration, authorization, permissionor approval, or the minimum necessary to facilitate the reliable executionof the matters pertaining to the registration, authorization, permissionor approval, and such conditions shall not be those imposing undue obligationson a person who is to be given said registration, authorization, permissionor approval.

(Exemption, Etc. from This Law)
Article 164.
(1)  The provisions of this Law shall notapply to the telecommunications business listed in the following items:

i)  Any telecommunications businesswhich exclusively provides telecommunications service to a single person(except one being a telecommunications carrier)
ii)  Any telecommunications business whichprovides telecommunications services with telecommunications facilitiesa part of which is to be established on the same premises (including theareas regarded as the same premises) or in the same building where anyother part thereof is also to be established, or with telecommunicationsfacilities which are below in scale the standards stipulated in the applicableministerial ordinance of the MIC
iii)  Any telecommunications business installingno telecommunications circuit facilities which provides telecommunicationsservices other than telecommunications services which intermediate communicationsof others by using telecommunications facilities

(2)  Notwithstanding the provisions of the precedingparagraph, the provisions of Article 3 and Article 4 shall apply to communicationsbeing handled by a person who operates a telecommunications business listedin each item of the preceding paragraph.

(Treatment of Local Public Entities OperatingTelecommunications Business Not for Profit)
Article 165.
(1) Any local public entity which intends tooperate a telecommunications business not for profit (limited to a telecommunicationsbusiness providing telecommunications services stipulated in the applicableministerial ordinance of the MIC as those having a comparatively significantinfluence on the users' benefit from the perspective of its content, thescope of users, etc.) shall, as specified in the applicable ministerialordinance of the MIC, submit a notification to that effect with documentsdescribing the matters listed in items of Article 16 paragraph (1) to theMinister.

(2) The local public entity which has submittedthe notification of the preceding paragraph shall be deemed to be a telecommunicationscarrier that has submitted a notification in accordance with the provisionsof Article 16 paragraph (1).  However, with respect to the applicationof provisions of Article 19 through Article 25, Article 30, Article 31,Article 33, Article 34, Article 36, Article 37, Article 40, Article 42,Article 44, Article 45, Article 52, Article 69, Article 70 and ChapterII Section 6, this shall not apply.

(Report and Inspection)
Article 166.
(1)  The Minister may, to the extent necessaryfor the enforcement of this Law, order telecommunications carriers, etc.to report on its business, or delegate any ministerial staff to enter businessoffices, business establishments or other workplaces belonging to the telecommunicationscarrier, etc. and to inspect its telecommunications facilities, accountbooks, documents and other articles.

(2)  The Minister may, to the extent necessaryfor the enforcement of this Law, order a person being given a technicalconditions compliance approval from a registered approval agency to reporton terminal equipment pertaining to said technical conditions complianceapproval, or to delegate any ministerial staff to enter business officesor workplaces belonging to said person being given said technical conditionscompliance approval, and to inspect said terminal equipment and other articles.

(3) The provisions of the preceding paragraphshall apply, mutatis mutandis, to a certified dealer or a notified supplier,respectively.  In this case, "said technical conditions complianceapproval" in the same paragraph shall be read as "certification of typeof terminal equipment given to said certified dealer" for the certifieddealer, and shall be read as "its notification" for the notified supplier.

(4)  The Minister may, to the extent necessaryfor the enforcement of this Law, order a designated examination agencyor the support institution to report on its services, or to delegate anyministerial staff to enter business offices or workplaces belonging tothe designated examination agency or the support institution, and to inspecta record book, documents and other articles.

(5) The provisions of the preceding paragraphshall apply, mutatis mutandis, to a registered approval agency.

(6)  The provisions of paragraph (2) shallapply, mutatis mutandis, to a person who has been given a technical conditionscompliance approval from a recognized approval body or a person who hasbeen given a certification of type of terminal equipment from a recognizedapproval body, respectively; the provisions of paragraph (4) shall apply,mutatis mutandis, to a recognized approval body.  In these cases,"technical conditions compliance approval" in paragraph (2) shall be readas "certification of type of terminal equipment" for a person who has beengiven a certification of type of terminal equipment.

(7)  Any ministerial staff who enters andinspects in accordance with the provisions of paragraph (1), or paragraph(2) (including the cases where paragraph (2) shall apply, mutatis mutandis,in paragraph (3) or the preceding paragraph) or paragraph (4) (includingthe cases where paragraph (4) shall apply, mutatis mutandis, in paragraph(5) or the preceding paragraph ) shall carry an identification card andshall produce it to the persons concerned.

(8)  The power of entry and inspection inaccordance with the provisions of paragraph (1), or paragraph (2) (includingthe cases where paragraph (2) shall apply, mutatis mutandis, in paragraph(3) or paragraph (6)) or paragraph (4) (including the cases where paragraph(4) shall apply, mutatis mutandis, in paragraph (5) or paragraph (6)),shall not be construed as being invested in the ministerial staff for thepurpose of detecting a crime.

(Submission of Terminal Equipment, Etc.)
Article 167.
(1) The Minister may, where the Minister has delegatedministerial staff to carry out inspection in accordance with the provisionsof paragraph (2) of the preceding article, when there was terminal equipmentthat is deemed to be extremely difficult to be inspected on site or articlesparticularly necessary for inspecting said terminal equipment, order aperson who has been given a technical conditions compliance approval froma registered approval agency to submit said terminal equipment or saidarticles within a term specified by the Minister.

(2) The State shall pay compensations to the person who has been given  said technical conditions complianceapproval for the loss caused by the order in accordance with the provisionsof the preceding paragraph.

(3) The loss to be compensated in accordance withthe provisions of the preceding paragraph shall be ordinary loss occurredby the order of paragraph (1).

(4) The provisions of the preceding three paragraphsshall apply, mutatis mutandis, to a certified dealer or a notified supplier,respectively.  In these cases, "paragraph (2) of the preceding article"in paragraph (1) shall be read as "paragraph (2) of the same article applied,mutatis mutandis, in paragraph (3) of the preceding article".

(5) In the cases where a person who has been givena technical conditions compliance approval is a foreign dealer, with respectto the application of the provisions of paragraph (1) through paragraph(3) to said foreign dealer, "order" in paragraph (1) shall be read as "request";"order" in paragraph (2) and paragraph (3) shall be read as "request".

(6) In the cases where a certified dealer is aforeign dealer, with respect to the application of the provisions of paragraph(1) through paragraph (3) applied, mutatis mutandis, in paragraph (4) tosaid foreign dealer, "order" in paragraph (1) shall be read as "request";"order" in paragraph (2) and paragraph (3) shall be read as "request".

(7) The provisions of paragraph (1) through paragraph(3) shall apply, mutatis mutandis, to a person who has been given a technicalconditions compliance approval from a recognized approval body or a personwho has been given a certification of type of terminal equipment from arecognized approval body, respectively.  In these cases, "paragraph(2) of the preceding article" in paragraph (1) shall be read as "paragraph(2) of the preceding article applied, mutatis mutandis, in paragraph (6)of the same article"; and "order" in paragraph (1) shall be read as "request";and "order" in paragraph (2) and paragraph (3) shall be read as "request".

(Consultation, Etc.)
Article 168.
The applicable cabinet order shall stipulatethe provisions with respect to the necessary procedures including consultationwith other administrative organizations concerned and the notice theretoin the cases where the Minister, in accordance with the provisions of this Law,establishes ordinances of the MIC (limited to those stipulated in the applicablecabinet order) or makes orders or other administrative dispositions (limitedto those stipulated in the applicable cabinet order) with respect to telecommunicationsbusiness (limited to those providing telecommunications services withoutinstalling telecommunications circuit facilities.  Hereinafter inthis article the same shall apply.), a person who performs conclusion ofcontracts as a business of intermediary, commission or procuration concerningthe provision of telecommunications services from other telecommunicationscarriers, or terminal equipment, or where notifications (limited to thosestipulated in the applicable cabinet order) relating to telecommunicationsbusiness have been submitted to the Minister.

(Inquiry of the Councils, Etc.)
Article 169.
The Minister shall, with respect to matters listed in thefollowing matters, inquire of the Councils, etc. (meaning those stipulatedin Article 8 of the National Government Organization Law (Law No. 120 of1948)) specified in the applicable cabinet order.  This shall notapply, however, to such matters as the Councils, etc. deem to be minor.

i)  Authorization of charges concerningspecified telecommunications services in accordance with the provisionsof Article 21 paragraph (2), authorization of interconnection tariffs inaccordance with the provisions of Article 33 paragraph (2), authorizationof agreement concerning interconnections with Category I designated telecommunicationsfacilities in accordance with the provisions of paragraph (10) of the samearticle, designation of eligible telecommunications carriers in accordancewith the provisions of Article 108 paragraph (1), authorization of theamount of compensations and provision methods in accordance with the provisionsof Article 109 paragraph (1), authorization of the amount of contributionsand collection methods in accordance with the provisions of Article 110paragraph (2) or authorization of support service rules in accordance withthe provisions of Article 79 paragraph (1) which shall apply, mutatis mutandis,in Article 116 paragraph (1)
ii)  Setting forth of the standard chargeindex in accordance with the provisions of Article 21 paragraph (1), designationof telecommunications carrier in accordance with the provisions of Article30 paragraph (1), designation of telecommunications carriers having specialrelations in accordance with Article 31 paragraph (1), designation of CategoryI designated telecommunications facilities in accordance with Article 33paragraph (1) or designation of Category II designated telecommunicationsfacilities in accordance with Article 34 paragraph (1)
iii)  Planning of establishment, amendmentor abolition of cabinet orders in accordance with the provisions of Article110 paragraph (1)
iv)  Establishment, amendment or abolitionof the applicable ministerial ordinances of the MIC in accordance with the provisionsof Article 7, Article 8 paragraph (3), Article 9 proviso, Article 20 paragraph(1), Article 21 paragraph (1), Article 26, Article 30 paragraph (1) orparagraph (5), Article 31 paragraph (2) proviso or paragraph (4), Article32 item iii), Article 33 paragraph (1), paragraph (3), paragraph (4) itemi) a), b) or e), or item ii), paragraph (5), paragraph (11), paragraph(13) or paragraph (14), Article 34 paragraph (1) or (5), Article 36 paragraph(1) or (2), Article 41 paragraph (1) or (2), Article 45 paragraph (1) proviso,Article 50 paragraph (1), Article 52 paragraph (1), Article 70 paragraph(1) item i), Article 108 paragraph (1) item i) through item iii) or paragraphs(3), Article 109 paragraphs (1) through (3), or Article 110 paragraph (1)or (2)

(Special Case of Hearing)
Article 170.
The chair for the hearing pertaining to administrativedispositions in accordance with the provisions of Article 14 paragraph(1), Article 47 (including the cases where Article 47 shall apply, mutatismutandis, in Article 72 paragraph (2)), Article 77 paragraph (3) (includingthe cases where Article 77 paragraph (3) shall apply, mutatis mutandis,in Article 116 paragraph (1)) or Article 126 paragraph (1) or Article 127paragraph (1) shall, when the party (parties) interested in the administrativedispositions have (has) requested to participate in the procedures of saidhearing in accordance with the provisions of Article 17 paragraph (1) ofthe Administrative Procedures Law, give permission for such request.

(Hearing in Procedures for Lodging Complaints)
Article 171.
(1)  Any arbitration or decision on an investigationrequest or a lodged of opposition with respect to an administrative dispositionmade in accordance with the provisions of this Law shall be effected afterhearings are held, with a prior notice being given for a reasonable timeperiod to the claimant for an investigation or the demurrant.

(2)  The prior notice of the preceding paragraphshall indicate the date, place and content of the case involved.

(3)  At the hearings of paragraph (1), theclaimant for an investigation or the demurrant and the person(s) interestedin the administrative disposition concerned shall be presented evidencesrelating to the case and be given opportunities to state their opinionson the case.

(Submission of Complaints or Opinions)
Article 172.
(1)  Any person who has complaints or otherviews on the cases of charge and other terms and conditions of telecommunicationsservices or the operations methods of telecommunications carriers, etc.may submit these, in the form of documents describing the reasons, to theMinister.

(2) The Minister, upon receipt of the opinion of the precedingparagraph, shall handle it in good faith and notify the results to thosewho have submitted it.

(Investigation Request on Administrative Dispositionsof Designated Examination Agency)
Article 173.
Any person who is dissatisfied with an administrativedisposition made by a designated examination agency in accordance withthe provisions of this Law may request the Minister to investigate under the AdministrativeAppeals Law (Law No. 160 of 1962).

(Fee)
Article 174.
(1)  Any person who intends to take theexamination for chief telecommunications engineers or installation technicians,who intends to obtain a registration in accordance with the provisionsof Article 86 paragraph (1) or who intends to obtain renewal of registrationin accordance with the provisions of Article 88 paragraph (1), who intendsto obtain a technical conditions compliance approval in accordance withthe provisions of Article 102 paragraph (1) or a certification of typeof terminal equipment in accordance with the provisions of Article 102paragraph (1) applied, mutantis mutandis, in Article 103, or who intendsto have a chief telecommunications engineer's license or an installationtechnician's license granted or re-granted, shall pay fees the amount ofwhich shall be specified in the applicable cabinet order in considerationof actual costs.

(2)  With respect to the fees of the precedingparagraph, those to be paid by persons who intend to take examination theaffairs of which shall be conducted by a designated examination agency,shall be the revenues of said designated examination agency, and the otherfees shall be the revenue of the National Treasury.

(Transitional Measures)
Article 175.
When orders should be established, amended orabolished in accordance with the provisions of this Law, necessary transitionalmeasures (including those relating to Penal Provisions) may be stipulatedin those orders to such extent as deemed to be reasonably necessary inestablishing, amending or abolishing those orders.

(Division of Business)
Article 176.
The work that is to be handled by the local governmentsof cities, towns and villages in accordance with the provisions of Article130 paragraph (2) and paragraph (3) (including the cases where these provisionsshall apply, mutatis mutandis, in Article 138 paragraph (4)), shall bethe item i) legal consignee business stipulated in Article 2 paragraph(9) item i) of the Local Autonomy Law.

 

Chapter VI. Penal Provisions

Article 177.
Any person who has operated a telecommunicationsbusiness in violation of the provisions of Article 9 shall be guilty ofan offense and liable to penal servitude for a term not exceeding threeyears or to a fine not exceeding two million yen or to both.

Article 178.
Any person who has refused to provide telecommunicationsservices in violation of the provisions of Article 25 paragraph (1) or(2) shall be guilty of an offense and liable to penal servitude for a termnot exceeding two years or to a fine not exceeding one million yen or toboth.

Article 179.
(1)  Any person who has violated the secrecyof communications being handled by a telecommunications carrier (includingcommunications stipulated in Article 164 paragraph (2)) shall be guiltyof an offense and liable to penal servitude for a term not exceeding twoyears or to a fine not exceeding one million yen.

(2)  Any person who engages in the telecommunicationsbusiness and has committed the act of the preceding paragraph shall beguilty of an offense and liable to penal servitude for a term not exceedingthree years or to a fine not exceeding two million yen.

(3) An attempted offense of the preceding twoparagraphs shall be punished.

Article 180.
(1) Any person who has operated without authorityany telecommunications facilities for telecommunications business of atelecommunications carrier and thereby obstructed the provision of telecommunicationsservices shall be guilty of an offense and liable to penal servitude fora term not exceeding two years or to a fine not exceeding five hundredthousand yen.

(2) The provisions of the preceding paragraphshall also apply when any person who has engaged in the telecommunicationsbusiness has failed to carry out, without due reason, the work of maintenanceor operation of telecommunications facilities for telecommunications businessof a telecommunications carrier and thereby caused the provision of telecommunicationsservices to be impaired.

(3) An attempted offense of paragraph (1) shallbe punished.

Article 181.
Any person who falls under any of the followingitems shall be guilty of an offense and liable to penal servitude for aterm not exceeding one year or to a fine not exceeding one million yen.

i) Any person who has violated the orderin accordance with the provisions of Article 54 (including the cases whereArticle 54 shall apply, mutatis mutandis, in Article 61 and Article 68)
ii) Any person who has violated the prohibitionin accordance with the provisions of Article 60 paragraph (1) (limitedto part pertaining to item i)), Article 66 paragraph (1) (limited to partpertaining to item i)) or Article 67 paragraph (1)

Article 182.
Any person who has violated the order in accordancewith the provisions of Article 100 paragraph (2) (including the cases whereArticle 100 paragraph (2) shall apply, mutatis mutandis, in Article 103)shall be guilty of an offense and liable to penal servitude for a termnot exceeding one year or to a fine not exceeding five hundred thousandyen.

Article 183.
Any person who has divulged any secret whichhas come to such person's knowledge with respect to such person's dutiesin violation of the provisions of Article 78 paragraph (1) (including thecases where Article 78 paragraph (1) shall apply, mutatis mutandis, inArticle 116 paragraph (1)) shall be guilty of an offense and liable topenal servitude for a term not exceeding one year or to a fine not exceedingfive hundred thousand yen.

Article 184.
When a designated examination agency or supportinstitution has violated an order to suspend its work in accordance withthe provisions of Article 84 paragraph (2) (including the cases where Article84 paragraph (2) shall apply, mutatis mutandis, in Article 116 paragraph(1)), any officer or staff of such designated examination agency or supportinstitution who has committed such an act of violation shall be guiltyof an offense and liable to penal servitude for a term not exceeding oneyear or to a fine not exceeding five hundred thousand yen.

Article 185.
Any person who has operated a telecommunicationsbusiness in violation of the provisions of Article 16 paragraph (1) (excepta person who is to obtain a registration of Article 9) shall be guiltyof an offense and liable to penal servitude for a term not exceeding sixmonths or to a fine not exceeding five hundred thousand yen.

Article 186.
Any person who falls under any of the followingitems shall be guilty of an offense and liable to a fine not exceedingtwo million yen:

i)  Any person who has changed thematters of Article 10 paragraph (1) item ii) or iii) in violation of theprovisions of Article 13 paragraph (1)
ii)  Any person who has provided telecommunicationsservices in violation of the provisions of Article 19 paragraph (3), Article20 paragraph (5) or Article 21 paragraph (6)
iii)  Any person who has violated any orderor administrative disposition made in accordance with the provisions ofArticle 19 paragraph (2), Article 20 paragraph (3), Article 21 paragraph(4), Article 29 paragraph (1) or (2), Article 30 paragraph (4), Article31 paragraph (3), Article 33 paragraph (6) or (8), Article 34 paragraph(3), Article 35 paragraph (1) or (2), Article 38 paragraph (1) (includingthe cases where Article 38 paragraph (1) shall apply, mutatis mutandis,in Article 39), Article 43 paragraph (1) (including the cases where Article43 paragraph (1) shall apply, mutatis mutandis, in paragraph (2) of thesame article), Article 51 or Article 121 paragraph (2)
iv)  Any person who has entered into, amendedor terminated an agreement or contract in violation of the provisions ofArticle 33 paragraph (9), Article 34 paragraph (4) or Article 40
vi)  Any person who has failed to appointa chief telecommunications engineer in violation of the provisions of Article45 paragraph (1)

Article 187.
Any person who falls under any of the followingitems shall be guilty of an offense and liable to a fine not exceedingfive hundred thousand yen:

i)  Any person who has failed tosubmit a notification or submitted a false notification in accordance withthe provisions of Article 16 paragraph (3)
ii)  Any person who has affixed the markin violation of the provisions of Article 53 paragraph (3)

Article 188.
Any person who falls under any of the followingitems shall be guilty of an offense and liable to a fine not exceedingthree hundred thousand yen:

i)  Any person who has failed tosubmit a notification or submitted a false notification in accordance withthe provisions of Article 17 paragraph (2), Article 18 paragraph (1), Article36 paragraph (1), Article 37 paragraph (1) or (2), Article 42 paragraph(3) (including the cases where Article 42 paragraph (3) shall apply, mutatismutandis, in paragraph (4) of the same article), Article 44 paragraph (1)or (2), Article 45 paragraph (2), Article 108 paragraph (3), Article 120paragraph (4) (including the cases where Article 120 paragraph (4) shallapply, mutatis mutandis, in Article 122 paragraph (4)) or Article 124 paragraph(1)
ii) Any person who has failed to submit a notificationin accordance with the provisions of Article 20 paragraph (1)
iii)  Any person who has failed to maintainrecords or who has made false records in accordance with the provisionsof Article 22 or Article 33 paragraph (12)
iv) Any person who has violated the provisionsof Article 23 paragraph (1)
v)  Any person who has failed to reportor made a false report in accordance with the provisions of the Article28 or Article 31 paragraph (4)
vi)  Any person who has failed to publishinterconnection tariffs in violation of the provisions of Article 33 paragraph(11), Article 34 paragraph (5) or Article 108 paragraph (3)
vii) Any person who has failed to publish a planin violation of the provisions of Article 36 paragraph (2)
viii) Any person who has submitted a false notificationin submitting a notification in accordance with the provisions of Article63 paragraph (3)
ix) Any person who has failed to prepare a recordor made a false record, or has failed to keep a record in violation ofthe provisions of Article 63 paragraph (4)
x) Any person who has failed to prepare a reportor made a false report in accordance with the provisions of Article 92paragraph (1) (including the cases where Article 92 paragraph (1) shallapply, mutatis mutandis, in Article 103)
xi) Any person who has failed to prepare andkeep a record book and made entries in it, or has made false entries orhas failed to keep a record book in violation of the provisions of Article96 (including the cases where Article 96 shall apply, mutatis mutandis,in Article 103)
xii) Any person who has discontinued a businesswithout submitting a notification in accordance with the provisions ofArticle 99 paragraph (1) (including the cases where Article 99 paragraph(1) shall apply, mutatis mutandis, in Article 103)
xiii) Any person who has violated the provisionsof Article 141 paragraph (4) or Article 143
xiv) Any person who has failed to make a reportin accordance with the provisions of Article 166 paragraph (1), paragraph(2) (including the cases where paragraph (2) shall apply, mutatis mutandis,in paragraph (3) of the same article) or paragraph (4) applied, mutatismutandis, in paragraph (5) of the same article, or made a false report,or who has refused, hindered or evaded the inspection in accordance withthese provisions
xv) Any person who has violated the order inaccordance with the provisions of Article 167 paragraph (1) (includingthe cases where Article 167 paragraph (1) shall apply, mutatis mutandis,in paragraph (4) of the same article)

Article 189.
When a designated examination agency or supportinstitution falls under any of the following items, any officer or staffof such organizations who has committed such an act of violation shallbe guilty of an offense and liable to a fine not exceeding three hundredthousand yen:

i)  When any of such organizationshas failed to prepare or keep a record book or made no entry or made falseentries in it, or has failed to keep a record book in violation of Article81 (including the cases where Article 81 shall apply, mutatis mutandis,in Article 116 paragraph (1) )
ii)  When any of such organizations hasdiscontinued all of the operations of either the examination business orsupport service in violation of the provisions of Article 83 paragraph(1) (including the cases where Article 81 shall apply, mutatis mutandis,in Article 116 paragraph (1))
iii)  When any of such organizations hasfailed to prepare a report or made any false report under the provisionsof Article 166 paragraph (4), or when any of such organizations has refused,hindered or evaded the inspection specified in accordance with the provisionsof the same paragraph

Article 190.
When any representative of a juridical person,any juridical person, any proxy of a person, any employee or other staffof a juridical person or person has committed an act of violation listedin the following items with respect to the business activities of eitherthe juridical person or person(s) concerned, the violator shall be punished;in addition, the juridical person concerned shall be guilty of an offenseand liable to a fine specified in each item, and the person shall be punishedwith the fine of the applicable article.

i) Article 181: Fine not exceeding onehundred million yen
ii) Article 177 through Article 188 (except Article180, Article 181, Article 183 and Article 184): Fine under the applicablearticle

Article 191.
Any person who falls under any of the followingitems shall be liable to a non-penal fine not exceeding one million yen. However, when punishment is to be imposed for said act, this shall notapply.

i)  Any person who has violatedthe provisions of Article 24
ii)  Any person who has failed to publishor has made a false report in violation of the provisions of Article 30paragraph (5) or Article 33 paragraph (13)
iii)  Any person who has been an interlockingofficer in violation of the provisions of Article 31 paragraph (1)

Article 192.
Any person who falls under any of the followingitems shall be liable to a non-penal fine not exceeding three hundred thousandyen.

i)  Any person who has failed tosubmit a notification or has submitted a false notification in violationof the provisions of Article 63 paragraph (5)
ii) Any person who has failed to submit a notificationor has submitted a false notification in violation of the provisions ofArticle 90 paragraph (2)
iii)  Any person who has failed to retainfinancial statements, etc., has failed to enter the matters to be enteredin financial statements, etc. or has made false entries in violation ofthe provisions of Article 95 paragraph (1), or has refused without duereason a request of paragraph (2) of the same article

Article 193.
Any person who falls under any of the followingitems shall be liable to a non-penal fine not exceeding one hundred thousandyen:

i)  Any person who has failed tosubmit a notification under the provisions of Article 13 paragraph (4),Article 16 paragraph (2) or Article 18 paragraph (2), or has submitteda false notification
ii)  Any person who has failed without duereason to return a chief telecommunications engineer's license or installationtechnician's license in violation of the order in accordance with the provisionsof Article 47 (including the cases where Article 47 shall apply, mutatismutandis, in Article 72 paragraph (2))
iii)  Any person who has violated the provisionsof Article 141 paragraph (3)

Supplementary Provisions

Supplementary Provisions

(Day of Enforcement)
Article 1.
This Law shall come into force as of April 1,1985.

(Review)
Article 2.
The government shall, within three years fromthe day of enforcement of this Law, review the situation under which thisLaw is executed and shall take necessary measures based upon the resultsof the review.

(Repeal of the Public Telecommunications Law)
Article 3.
The Public Telecommunications Law (Law No. 97of 1953) shall be repealed.

(Transitional Measures)
Article 4.
(1) Any business pertaining to the public telecommunicationsactivities being actually conducted by Nippon Telegraph and Telephone PublicCorporation before dissolution (hereinafter referred to as the "Ex-Corporation")at the time of enforcement of this Law and falls or is deemed to fall undera Type I telecommunications business shall be deemed to be the businessof which Nippon Telegraph and Telephone Corporation (hereinafter referredto as "NTT") has obtained a permission of Article 9 paragraph (1) on theday of enforcement of this Law (hereinafter referred to as the "day ofenforcement").

(2) Any business pertaining to the public telecommunicationsactivities being actually conducted by Kokusai Denshin Denwa Company, Limited(hereinafter referred to as "KDD") at the time of enforcement of this Lawand comes or is deemed to come under the Type I telecommunications businessshall be deemed to be the business of which KDD has obtained a permissionof Article 9 paragraph (1) on the day of enforcement.

(3) Both NTT and KDD shall, within one month fromthe day of enforcement, submit a notification on the matters specifiedin the applicable ordinance of the Ministry of Posts and Telecommunicationswith respect to the business stipulated in the preceding two paragraphsto the Minister of Posts and Telecommunications.

Article 5.
(1) For the time being, the telegram business(including delivery, the same shall apply in this article) shall be deemedto be a telecommunications business, and the portion of said business pertainingto reception and delivery shall be conducted only by Nippon Telegraph andTelephone East Corporation, Nippon Telegraph and Telephone West Corporation,and the person who succeeded to the status of KDD Corporation (hereinafterreferred to in this article as "KDD successor") established by the KokusaiDenshin Denwa Company, Limited Law (Law No. 301 of 1952), which was abolishedunder the provisions of Article 1 of the Law Concerning Rationalizationof the Laws, Regulations and Legal Practices in the Field of Telecommunications(Law No. 58 of 1998).  In this case, with respect to the telegrambusiness, the provisions (except Article 16, Article 17 and the SupplementaryProvisions Article 5 paragraph (1), and including Penal Provisions. This shall apply in the following paragraph.) of this Law (hereinafterin this article referred to as the "Old Law") before amendment by the provisionsof Article 2 of the "Law to Amend the Telecommunications Business Law andthe Law Concerning Nippon Telegraph and Telephone Corporation, Etc." (LawNo. 125 of 2003) shall remain in force.

(2) In the case of the preceding paragraph, thetelegram services provided by Nippon Telegraph and Telephone East Corporation,Nippon Telegraph and Telephone West Corporation, and the KDD successorto handle telegrams shall be deemed to be a telecommunications servicestipulated in Article 2 item iii) of the Old Law; the business activitiesto provide said services shall be deemed to be telecommunications businessactivities stipulated in Article 2 item vi) of the Old Law; and the telegrambusiness operated by Nippon Telegraph and Telephone East Corporation, etc.shall be deemed to be a Type I telecommunications business stipulated inArticle 6 paragraph (2) of the Old Law, to which the provisions of theOld Law deemed to remain in force as specified in the preceding paragraphshall apply.

(3) Notwithstanding the provisions of Article15 paragraph (1) of the Old Law, Nippon Telegraph and Telephone East Corporation,etc. may, as specified in the applicable ministerial ordinance of the MIC, entrustpart of the business activities pertaining to their telegram business toothers.

(4) In addition to matters stipulated in accordancewith the provisions of the preceding three paragraphs, other matters necessaryfor business activities or services pertaining to the handling of telegramsshall be stipulated in the applicable ministerial ordinance of the MIC.

Article 6.
Any person who, at the time of enforcement ofthis Law, is operating a business which comes under the cases specifiedin the applicable ministerial ordinance of the Ministry of Posts and Telecommunicationsunder Article 55-13 paragraph (2) of the Public Telecommunications Lawwhich was repealed by this Law (hereinafter referred to as the "old PublicLaw") shall be deemed to have been operating a telecommunications businesswhich is equivalent to the General Type II telecommunications businessand has submitted a notification in accordance with the provisions of Article22 paragraph (1) on the day of enforcement.

Article 7.
Any entrustment of part of public telecommunicationsactivities being operated at the time of enforcement of this Law by theEx-Corporation or KDD based upon the provisions of Articles 7 through 10of the old Public Law, shall be deemed to be the entrustment of which NTTor KDD has obtained an authorization of Article 15 paragraph (1), or theentrustment based upon the provisions of Article 5 paragraph (2) of theSupplementary Provisions until the termination day specified in the entrustmentcontract on the day of enforcement.

Article 8.
(1) With respect to the matters which requireauthorization under the provisions of this Law and relate to the provisionof the telecommunications service pertaining to a Type I telecommunicationsbusiness of which the permission of Article 9 paragraph (1) is deemed tohave been granted in accordance with the provisions of Article 4 paragraph(1) or (2) of the Supplementary Provisions, NTT and KDD shall submit anapplication for authorization within two months of the day of enforcement.

(2) NTT and KDD may continue, from the day ofenforcement until the disposition is made on authorization of the applicationof the preceding paragraph, to provide their telecommunications servicesunder the same terms and conditions as before.

Article 9.
(1) With respect to the telephone subscriber'sright in accordance with the provisions of the old Public Law based uponthe contract between the Ex-Corporation and its subscriber, the provisionsof Articles 38 through 38-3 thereof shall, for the time being, remain inforce even after the day of enforcement.  In this case, "the PublicCorporation" in Article 38 paragraphs (1) of the old Public Law shall beread as "either Nippon Telegraph and Telephone East Corporation or NipponTelegraph and Telephone West Corporation who duly succeeded to the rightsand obligations pertaining to the telephone subscribers' rights in accordancewith the succession plan stipulated in Article 5 Paragraph 6 of the SupplementaryProvisions of the Law Concerning Partial Amendment of the Nippon Telegraphand Telephone Corporation Law (Law No. 98 of 1997)"; and "the Public Corporation"in Article 38 paragraphs (2) of the old Public Law shall be read as " NipponTelegraph and Telephone East Corporation or Nippon Telegraph and TelephoneWest Corporation" and "shall not be made the object of a pledge" in paragraph(4) of the same article shall be read as "shall not be made the objectof a pledge with the exception of the case stipulated in the Law Concerningthe Exceptional Measures on Pledge of Telephone Subscriber's Right (LawNo. 138 of 1958)"; and "telephone offices" in Article 38-2 and Article38-3 paragraph (1) of the old Public Law shall be read as "offices of NipponTelegraph and Telephone East Corporation or Nippon Telegraph and TelephoneWest Corporation which handle customer business relating to telephone services".

(2) With respect to the right based upon the contractconcluded between NTT and its subscriber after the day of enforcement,and the contract concluded between Nippon Telegraph and Telephone EastCorporation or Nippon Telegraph and Telephone West Corporation and theirsubscribers on or after the day of enforcement of the Law Concerning thePartial Amendment of Nippon Telegraph and Telephone Corporation Law (LawNo. 98 of 1997), which meets the requirements specified in the applicableministerial ordinance of the Ministry of Posts and Telecommunications forbeing equivalent to the telephone subscriber's right of the preceding paragraph,the provisions of Articles 38 through 38-3 of the old Public Law to beapplicable to the telephone subscriber's right of the same paragraph shall,during the term within which the provisions of these articles of the oldPublic Law remain in force in accordance with the provisions of the sameparagraph, still follow the cases of these provisions.

Article 10.
Any agreement or contract which KDD has, at thetime of the enforcement of this Law, actually entered into with the authorizationof Article 108 of the old Public Law, shall be deemed, until the terminationday specified in said agreement or contract, to be an agreement or contractwhich KDD has entered into with an authorization of Article 40.

Article 11.
With respect to the application of Article 43paragraph (1) to NTT and KDD, "prior to the commencement of business" inthe same paragraph shall be read as "without delay after the enforcementof this Law".

Article 12.
The provisions of Article 44 paragraph (1) shallnot apply to NTT or KDD for six months from the day of enforcement.

Article 13.
Terminal facilities or customer-owned and maintainedtelecommunications facilities which, at the time of enforcement of thisLaw, actually have been established by users, etc. of the public telecommunicationsservices and connected to telecommunications circuit facilities based uponthe provisions of Article 55-8, Article 55-11 paragraph (3) (includingthe cases where Article 55-11 paragraph (3) shall apply, mutatis mutandis,in Article 55-18), Article 55-13-2 paragraph (1), Article 55-21, Article105 paragraph (1) or Article 108-2, or Articles 55-16 or Article 106 ofthe old Public Law shall be deemed to be terminal facilities or customer-ownedand maintained telecommunications facilities which have been inspectedand certified, in accordance with the former part of Article 51 paragraph(1) (including the cases where Article 51 paragraph (1) shall apply, mutatismutandis, in Article 52 paragraph (2)), to comply with the technical conditions.

Article 14.
(1) Any person who, at the time of enforcementof this Law, is an installation technician based upon the provisions ofArticles 55-17 or Article 105 paragraph (7) of the old Public Law, or thearticles of tariffs stipulated in Article 108-2 thereof shall be deemed,within the scope of this person's old license, to be an installation technicianstipulated in Article 53 paragraph (1) for six months from the day of enforcement. The same shall apply until a new installation technician's license is grantedwhere a notification in accordance with the provisions of the followingparagraph has been submitted.

(2) Any person stipulated in the preceding paragraph,as specified in the applicable ministerial ordinance of the Ministry ofPosts and Telecommunications, when the person has submitted, within theterm stipulated in the same paragraph, a notification to the Minister ofPosts and Telecommunications, shall be deemed to have been certified underArticle 45 paragraph (3) item iii) applied, mutatis mutandis, in Article54 paragraph (2).

Article 15.
Any notification submitted by the Ex-Corporationor KDD before the enforcement of this Law in accordance with the provisionsof Article 100 paragraph (1) of the old Public Law shall be deemed to bea notification which NTT or KDD has submitted in accordance with the provisionsof Article 85 paragraph (1).

Article 16.
Any area which, at the time of the enforcementof this Law, has actually been designated in accordance with the provisionsof Article 101 paragraph (1) of the old Public Law shall be deemed to bea protected area which has been designated in accordance with the provisionsof Article 86 paragraph (1).

Article 17.
Any disposition, procedure and other act thathave been taken, before the enforcement of this Law, toward or by the Ex-Corporationor KDD under the old Public Law or orders thereunder, shall be deemed tobe the disposition, procedure and other act that have been taken towardor by NTT or KDD in accordance with the corresponding provisions of thisLaw.

Article 18.
(1) With respect to the application of the PenalProvisions to any act committed before the enforcement of this Law, theprovisions then in force shall still apply.
(2) With respect to the secrecy of communicationsbeing handled by the Ex-Corporation or KDD before the enforcement of thisLaw, the provisions of Article 112 of the old Public Law shall remain effectiveeven after the enforcement of this Law.  In this case, "any personwho engages in the public telecommunications activities" in paragraph (2)of the same article shall be read as "any person who was engaged in thepublic telecommunications activities at the time of the enforcement ofthe Telecommunications Business Law and continues to be engaged in thetelecommunications business after the enforcement of the same Law".

Article 19.
With respect to the application of the provisionsof Article 12 paragraph (1) item i) and item iii), Article 75 paragraph(2) item ii) and item iv) a), and Article 87 paragraph (2) item i) anditem iii), any person who has been sentenced to a fine or severer penalty(limited to such person, if a term of two years has not elapsed since thesentence or suspended sentence was served out) in accordance with the provisionsof the old Public Telecommunications Law before the enforcement of thisLaw; or in accordance with the provisions then in force to be applied inaccordance with the preceding article after the enforcement of this Law;or in accordance with the provisions of the old Public TelecommunicationsLaw which remain in force after the enforcement of this Law, or any juridicalperson or organization including any of officers who fall under those provisionsare applied, shall be deemed to be a person who falls under those provisions.

(Entrustment to the Cabinet Order)
Article 20.
In addition to the provisions of Article 4 throughthe preceding article of the Supplementary Provisions, other transitionalmeasures necessary for the enforcement of this Law shall be specified inthe applicable cabinet order.

Supplementary Provisions(Law No. 57 of June 2, 1987)

This Law shall come into force as of the day specifiedin the applicable cabinet order within three months calculating from theday of promulgation.  However, the amended provisions in Article 27paragraph (3) shall come into force as of the day of promulgation.

Supplementary Provisions(Law No. 55 of June 28, 1989) (Excerpts)

(Day of Enforcement, Etc.)
1. This Law shall come into force as of October1, 1989.

Supplementary Provisions(Law No. 61 of May 27, 1992)

This Law shall come into force as of the day specifiedin the applicable cabinet order within three months calculating from theday of promulgation.

Supplementary Provisions(Law No. 89 of November 12, 1993) (Excerpts)

(Day of Enforcement)
Article 1.
This Law shall come into force as of the dayof enforcement of the Administrative Procedures Law (Law No. 88 of 1993).

(Transitional Measures Concerning Adverse Dispositionson Which Inquiries, Etc. Are Made)
Article 2.
Before this Law comes into force, where an inquiryand other requests which seek execution of procedures deemed to be equivalentto the procedures for providing hearing or justification opportunitiesand procedures for statement of opinions stipulated in Article 13 of theAdministrativeProcedures Law have been made to a council or other mutual consent-basedentity on the basis of laws and ordinances, the provisions then in forceshall still apply to the procedures of adverse dispositions pertainingto said inquiry and requests, notwithstanding the provisions of relevantlaws amended by this Law.

(Transitional Measures Concerning the PenalProvisions)
Article 13.
With respect to the application of the PenalProvisions to any act committed before the enforcement of this Law, theprovisions then in force shall still apply.

(Transitional Measures for Adjustment of ProvisionsRelated to Hearings)
Article 14.
A hearing held before the enforcement of thisLaw in accordance with the provisions of laws, a hearing or a hearing committee(except ones pertaining to adverse dispositions), or procedures thereof,shall be deemed to be conducted in accordance with the applicable provisionsof relevant laws amended by this Law.

(Entrustment to the Cabinet Order)
Article 15.
In addition to the provisions of Article 2 throughthe preceding article of the Supplementary Provisions, other transitionalmeasures necessary for the enforcement of this Law shall be specified inthe applicable cabinet order.

Supplementary Provisions(Law No. 73 of June 29, 1994)

This Law shall come into force as of the day ofpromulgation.

Supplementary Provisions(Law No. 82 of May 8, 1995)

(Day of Enforcement)
This Law shall come into force as of the dayspecified in the applicable cabinet order within six months calculatingfrom the day of promulgation

(Transitional Measures)
2. Charges being specified, at the time of enforcementof this Law, by tariffs authorized in accordance with the provisions ofArticle 31 paragraph (1) of the Telecommunications Business Law beforeamendment (hereinafter referred to as the "Old Law"), and those fallingunder the charges to which the provisions of Article 31 paragraph (1) ofthe Telecommunications Business Law after amendment  (hereinafterreferred to as the "New Law") shall be applied, shall be deemed to be chargesas authorized in accordance with the provisions of the same paragraph.

3. Charges being specified, at the time of enforcementof this Law, by tariffs authorized in accordance with the provisions ofArticle 31 paragraph (1) of the Old Law, and those falling under the chargesto which the provisions of Article 31 paragraph (1) of the New Law shallbe applied, shall be deemed to be charges as notified in accordance withthe provisions of the same paragraph.

4. Tariffs (except items pertaining to charges)being authorized, at the time of enforcement of this Law, in accordancewith the provisions of Article 31 paragraph (1) of the Old Law, shall bedeemed to be tariffs as authorized in accordance with the provisions ofArticle 31 paragraph (1) of the New Law.

5. Charges specified by tariffs that have beennotified in accordance with the provisions of Article 31 paragraph (5)of the Old Law, prior to the enforcement of this Law, shall be deemed tobe charges as notified in accordance with the provisions of Article 31paragraph (6) of the New Law.

6. Tariffs (except items pertaining to charges)that have been notified in accordance with the provisions of Article 31paragraph (5) of the Old Law, prior to the enforcement of this Law, shallbe deemed to be tariffs as notified in accordance with the provisions ofArticle 31-2 paragraph (5) of the New Law.

7. Applications having been submitted, at thetime of enforcement of this Law, for authorization of tariffs in accordancewith the provisions of Article 31 paragraph (1) of the Old Law shall, wheresaid applications pertaining to the charges to which the provisions ofArticle 31 paragraph (1) of the New Law shall be applied, be deemed tobe the applications for authorization submitted in accordance with theprovisions of the same paragraph; where said applications pertaining tothe charges to which the provisions of Article 31 paragraph (3) of theNew Law shall be applied, be deemed to be the notifications submitted inaccordance with the provisions of the same paragraph; and where said applicationspertaining to the tariffs of Article 31-2 paragraph (1) of the New Law,be deemed to be the applications for authorization submitted in accordancewith the provisions of the same paragraph.
8. With respect to the application of the PenalProvisions to any act committed before the enforcement of this Law, theprovisions then in force shall still apply.

Supplementary Provisions(Law No. 97 of June 20, 1997)

(Day of Enforcement)
Article 1.
This Law shall come into force as of the dayspecified in the applicable cabinet order within six months calculatingfrom the day of promulgation.  However, the provisions in the followingarticle shall come into force as of the day of promulgation.

(Inquiry of the Council)
Article 2.
The Minister of Posts and Telecommunicationsmay, even prior to the enforcement of this Law, for the establishment ofthe ministerial ordinances of the Ministry of Posts and Telecommunicationsas specified in Article 38 item iii); Article 38-2 paragraph (1); a), b)or d) of item i), or item ii) of paragraph (3) of Article 38-2; paragraph(4), paragraph (7) or paragraph (9) of Article 38-2; paragraph (1) or paragraph(2) of Article 39-2, or Article 48-2 paragraph (1) of the TelecommunicationsBusiness Law after amendment (hereinafter referred to as the "New Law"),inquire of the council specified in the applicable cabinet order underArticle 94 paragraph (1) of the New Law.

(Transitional Measures Concerning Interconnection,Etc.)
Article 3.
Orders issued, prior to the enforcement of thisLaw, in accordance with the provisions of Article 36 paragraph (3) of theTelecommunications Business Law before amendment (hereinafter referredto as the "Old Law") shall be deemed to be orders having been issued inaccordance with the provisions of Article 36 paragraph (5) of the New Law.

Article 4.
Agreements on interconnection or on sharing thathave been authorized, at the time of the enforcement of this Law shall,in accordance with the provisions of Article 38 paragraph (1) of the OldLaw, where they are interconnection agreements, be deemed to be agreementsas authorized in accordance with the provisions of Article 38-3 paragraph(1) of the New Law; and where they are agreements on sharing, be deemedto be agreements as authorized in accordance with the provisions of Article39-3 paragraph (1) of the New Law.

Article 5.
Applications for authorization of agreementson interconnection or on sharing that have been submitted shall, at thetime of the enforcement of this Law, in accordance with the provisionsof Article 38 paragraph (1) of the Old Law, where they are interconnectionagreements, be deemed to be applications for authorization as submittedin accordance with the provisions of Article 38-3 paragraph (1) of theNew Law; and where they are agreements on sharing, be deemed to be applicationsfor authorization as submitted in accordance with the provisions of Article39-3 paragraph (1) of the New Law.

Article 6.
Contracts that have been authorized, at the timeof the enforcement of this Law, in accordance with the provisions of Article38 paragraph (2) of the Old Law shall be deemed to be contracts as authorizedin accordance with the provisions of Article 39-3 paragraph (2) of theNew Law.

Article 7.
Applications for authorization of contracts thathave been submitted, at the time of the enforcement of this Law, in accordancewith the provisions of Article 38 paragraph (2) of the Old Law shall bedeemed to be applications for authorization as submitted in accordancewith the provisions of Article 39-3 paragraph (2) of the New Law.

Article 8.
Agreements on interconnection or on sharing thathave been notified, at the time of the enforcement of this Law, in accordancewith the provisions of Article 38 paragraph (4) of the Old Law shall, wherethey are interconnection agreements, be deemed to be agreements as notifiedin accordance with the provisions of Article 38-3 paragraph (5) of theNew Law; and where they are agreements on sharing, be deemed to be agreementsas notified in accordance with the provisions of Article 39-3 paragraph(4) of the New Law.

Article 9.
Orders issued, prior to the enforcement of thisLaw, in accordance with the provisions of Article 39 paragraph (1) of theOld Law shall, where they are orders concerning interconnections, be deemedto be orders as issued in accordance with the provisions of Article 39paragraph (1) or paragraph (2) of the New Law; and where they are ordersconcerning the provision of telecommunications services under the sharingor terms and conditions (except those pertaining to the charges specifiedin the applicable ministerial ordinance of the Ministry of Posts and Telecommunicationsunder Article 31 paragraph (1) of the Old Law, the matters specified inthe applicable ministerial ordinance of the Ministry of Posts and Telecommunicationsunder Article 31-2 paragraph (1) of the Old Law, and the technical requirementsto be authorized in accordance with the provisions of Article 49 paragraph(1) or Article 52 paragraph (1) item i) of the Old Law) different fromthe charges authorized in accordance with the provisions of Article 31paragraph (1) of the Old Law, the charges notified in accordance with theprovisions of paragraph (3) of the same article, and the terms and conditionsspecified in the tariffs authorized in accordance with Article 31-2 paragraph(1) of the Old Law (hereinafter referred to as a "non-tariff based service"),be deemed to be orders as issued in accordance with the provisions of Article39-4 paragraph (1) of the New Law.

Article 10.
Requests filed for issuance of orders, priorto the enforcement of this Law, in accordance with the provisions of Article39 paragraph (1) of the Old Law shall, where they are requests concerninginterconnections, be deemed to be requests for issuance of orders as filedin accordance with the provisions of Article 39 paragraph (1) or paragraph(2) of the New Law; and where they are requests concerning the sharingor the provision of non-tariff based services, be deemed to be requestsfor issuance of orders as filed in accordance with the provisions of Article39-4 paragraph (1) of the New Law.

Article 11.
Awards issued, prior to the enforcement of thisLaw, in accordance with the provisions of Article 39 paragraph (2) of theOld Law shall, where they are awards concerning interconnections, be deemedto be awards as issued in accordance with the provisions of Article 39paragraph (4) of the New Law; and where they are awards concerning thesharing or the provision of non-tariff based services, be deemed to beawards as issued in accordance with the provisions of Article 39-4 paragraph(2) of the New Law.

Article 12.
Applications filed for award, prior to the enforcementof this Law, in accordance with the provisions of Article 39 paragraph(2) of the Old Law shall, where they are awards concerning interconnections,be deemed to be applications for awards as filed in accordance with theprovisions of Article 39 paragraph (4) of the New Law, and where they areapplications for awards concerning the sharing or the provision of non-tariffbased services, be deemed to be applications for awards as filed in accordancewith the provisions of Article 39-4 paragraph (2) of the New Law.

Article 13.
Hearings held and procedures thereof conducted,prior to the enforcement of this Law, in accordance with the provisionsof Article 95 of the Old Law shall be deemed to be those as held and conductedin accordance with the provisions of Article 95 of the New Law.

(Transitional Measures Concerning the PenalProvisions)
Article 14.
With respect to the application of the PenalProvisions to any act committed before the enforcement of this Law, theprovisions then in force shall still apply.

(Review)
Article 15.
The government shall, at about three years fromthe enforcement of this Law, if the government deems necessary, upon considerationof the situation under which the provisions pertaining to interconnectionsin the New Law are executed, review rules pertaining to interconnectionsand take necessary measures based upon the results of the review.

Supplementary Provisions(Law No. 98 of June 20, 1997) (Excerpts)

(Day of Enforcement)
Article 1.
This Law shall come into force as of the dayspecified in the applicable cabinet order within two years and six monthscalculating from the day of promulgation.

Supplementary Provisions(Law No. 100 of June 20, 1997)

(Day of Enforcement)
1. This Law shall come into force as of the daywhen the Fourth Protocol to the General Agreement on Trade in Servicescomes into force in Japan.

(Transitional Measures Concerning the PenalProvisions)
2. With respect to the application of the PenalProvisions to any act committed before the enforcement of this Law, theprovisions then in force shall still apply.

Supplementary Provisions(Law No. 58 of May 8, 1998) (Excerpts)

(Day of Enforcement)
Article 1.
This Law shall come into force as of the dayspecified in the applicable cabinet order within six months calculatingfrom the day of promulgation.  However, the provisions in the followingitems shall come into force as of the day specified in said respectiveitems.

ii) The provisions of Article 1, theamendment provisions concerning Article 5 of the Supplementary Provisionsof the Telecommunications Business Law in Article 2, and the provisionsof Article 4,  Articles 7, 9, and Articles 11 through 16 of the SupplementaryProvisions of the Telecommunications Business Law in Article 2 shall comeinto force as of the day specified in the applicable cabinet order withinfive months calculating from the day of promulgation.
iii) The amendment provisions concerning thecontents of the Telecommunications Business Law in Article 2, the amendmentprovisions of Article 50 of the same law, the amendment provisions to addthree articles after the same article, the amendment provisions to changethe Section title for Section 5 in Chapter II of the same law, the amendmentprovisions of Article 72 of the same law, the amendment provisions to addone article and one Sub-Section after the same article, the amendment provisionsof Articles 92 and 98 in the same law, the amendment provisions of Article108 of the same law (limited to the part pertaining to item iv)), the amendmentprovisions of Article 109 of the same law (limited to the part pertainingto item iii)) and the amendment provisions of Article 110 of the same law,and the amendment provisions of the contents of the Radio Law in Article3, the amendment provisions of Articles 10 and 18 of the same law, theamendment provisions to add one article after Article 24-8 of the samelaw, the amendment provisions of Article 38-2 of the same law, the amendmentprovisions to add three articles after Article 38-15 of the same law, theamendment provisions of Article 73 of the same law, the amendment provisionsof Article 99-11 of the same law (limited to the part to add "Article 38-17paragraph (5) and" after "Article 38-5 paragraph (2) ("), the amendmentprovisions of Article 103 of the same law, the amendment provisions ofArticle 112 of the same law (limited to the part to replace "Article 38-2paragraph (6) or paragraph (7)" with "Article 38-2 paragraph (7) or paragraph(8)"), the amendment provisions of Article 113 of the same law and theprovisions in Article 8 of the Supplementary Provisions shall come intoforce as of the day specified in the applicable cabinet order within tenmonths calculating from the day of promulgation.

(Changes to Articles of Incorporation)
Article 2.
(1) Kokusai Denshin Denwa Company, Limited (referredto as the "Company" in Article 4 of the Supplementary Provisions) whichwas established by the old Kokusai Denshin Denwa Company, Limited Law may,prior to the day of enforcement of the provisions of item ii) of the precedingarticle, make a resolution for changes to its articles of incorporationwhich shall come into force as of the day stipulated in the provisionsof said item.

(2) With respect to the resolution of the precedingparagraph, the provisions of Article 11 paragraph (1) of the old KokusaiDenshin Denwa Company, Limited Law shall not apply.

(Inquiry of the Council)
Article 3.
(1) The Minister of Posts and Telecommunicationsmay, even prior to the day of enforcement of this Law (hereinafter referredto as the "day of enforcement"), for the purpose of the establishment ofthe ministerial ordinances of the Ministry of Posts and Telecommunicationsunder the provisions of Article 31 paragraph (3) of the TelecommunicationsBusiness Law after amendment (hereinafter referred to as the "new TelecommunicationsBusiness Law") in accordance with the provisions of Article 2  orfor the purpose of setting forth of the standard charge index in accordancewith the provisions of the same paragraph, inquire of the council specifiedin the applicable cabinet order under Article 94 of the new TelecommunicationsBusiness Law.

(2) The Minister of Posts and Telecommunicationsmay, even on or prior to the day of enforcement of the provisions of Article1 item iii) of the Supplementary Provisions, inquire of  the RadioRegulatory Council, for the purpose of the establishment of the ministerialordinances of the Ministry of Posts and Telecommunications for specifyingfunctions in accordance with the provisions of Article 4 item iii) of theRadio Law after amendment (hereinafter referred to as the "new Radio Law")in accordance with the provisions of Article 3, or for the purpose of theestablishment of the ministerial ordinances of the Ministry of Posts andTelecommunications in accordance with the provisions of Article 38-5 paragraph(2) of the new Radio Law applied, mutatis mutandis, in Article 38-17 paragraph(5) of the new Radio Law.

(Transitional Measures in Connection with Abolitionof the old Kokusai Denshin Denwa Company, Limited Law)
Article 4.
With respect to bonds and interest coupons issuedby the Company before the enforcement of the provisions in Article (1)item ii) of the Supplementary Provisions, and the bonds and interest couponsto be issued after the enforcement of the provisions in the same item bythe Company so as to deliver them to those who have lost their bonds andinterest coupons, the provisions of Article 7 of the old Kokusai DenshinDenwa Company, Limited Law shall still apply after the provisions in thesame item come into force.

(Transitional Measures in Connection with PartialAmendment of the Telecommunications Business Law)
Article 5.
(1) Any person who, at the time of the enforcementof this Law, actually operates a Type II telecommunications business aftersubmitting a notification in accordance with the provisions of Article22 paragraph (1) of the Telecommunications Business Law before amendment(hereinafter referred to as the "old Telecommunications Business Law")in accordance with the provisions of Article 2, and said Type II telecommunicationsbusiness falls under the category of Special Type II telecommunicationsbusiness in accordance with the provisions of Article 21 paragraph (3)of the new Telecommunications Business Law (except a Type II telecommunicationsbusiness that provides telecommunications facilities for communicationsbetween Japan and foreign points for the use of communications of others;referred to as a "new Domestic Special Type II telecommunications business"in the following paragraph) may, within six months calculating from theday of enforcement, continue to operate said Type II telecommunicationsbusiness under the same conditions as before, without being registeredunder Article 24 paragraph (1) of the new Telecommunications Business Law. Where such a person applied for registration under the same paragraph withinthe term and when the term has elapsed, said person may continue to dothe same until the disposition for registration or rejection concerningsuch registration is made.

(2) Any person who, at the time of the enforcementof this Law, actually operates a Type II telecommunications business afterhaving been registered under Article 24 paragraph (1) of the old TelecommunicationsBusiness Law (except those who operate Type II telecommunications businessesthat provides telecommunications facilities for communications betweenJapan and foreign points for the use of communications of others), andwhose Type II telecommunications business does not fall under the categoryof new Domestic Special Type II telecommunications business, shall be deemedto have submitted a notification on the day of enforcement under Article22 paragraph (1) of the new Telecommunications Business Law.

Article 6.
(1) Charges that have been authorized, priorto the day of enforcement, in accordance with the provisions of Article31 paragraph (1) of the old Telecommunications Business Law and chargeswhich have been notified, prior to the day of enforcement, in accordancewith the provisions of Article 31 paragraph (3) of the old TelecommunicationsBusiness Law shall be deemed to be charges as notified in accordance withthe provisions of Article 31 paragraph (1) of the new TelecommunicationsBusiness Law.

(2) Applications that have been submitted, atthe time of the enforcement of this Law, for authorization of charges inaccordance with the provisions of Article 31 paragraph (1) of the old TelecommunicationsBusiness Law shall be deemed to be notifications as submitted in accordancewith the provisions of Article 31 paragraph (1) of the new TelecommunicationsBusiness Law.

(3) With respect to charges specified in the applicableministerial ordinance of the MIC under Article 31 paragraph (3) of the newTelecommunications Business Law, which are for telecommunications servicesbeing provided, at the time of the enforcement of this Law, by a Type Itelecommunications carrier actually installing designated telecommunicationsfacilities specified in Article 38-2 paragraph (2) of the new TelecommunicationsBusiness Law through the use of said designated telecommunications facilities,the provisions of the preceding two paragraphs and the new TelecommunicationsBusiness Law (except Article 31 paragraph (3) of the new TelecommunicationsBusiness Law) shall not apply until the standard charge index stipulatedin Article 31 paragraph (3) is applied, and the provisions then in forceshall still apply.

(4) With respect to the charges to which the provisionsthen in force shall still apply in accordance with the provisions of thepreceding paragraph, the provisions of paragraphs (1) and (2) shall apply,mutatis mutandis.  In this case, "prior to the day of enforcement"in paragraph (1) shall be read as "prior to the day of application of thestandard charge index stipulated in paragraph (3)"; and "old TelecommunicationsBusiness Law" in the same paragraph shall be read as "old TelecommunicationsBusiness Law to which the provisions then in force shall still apply inaccordance with the provisions of paragraph (3)"; and "enforcement of thisLaw" in paragraph (2) shall be read as "application of the standard chargeindex stipulated in the following paragraph"; and "old TelecommunicationsBusiness Law" in the same paragraph shall be read as "old TelecommunicationsBusiness Law to which the provisions then in force shall still apply inaccordance with the provisions of the following paragraph".

(5) With respect to the charges for telegram handlingservices of Article 5 paragraph (2) of the Supplementary Provisions ofthe Telecommunications Business Law after amendment in accordance withthe provisions of Article 2 of the "Law to Amend the TelecommunicationsBusiness Law and the Law Concerning Nippon Telegraph and Telephone Corporation,Etc." (Law No. 125 of 2003.  Hereinafter referred to as the "AmendmentLaw of 2003".), during the term that the telegram business is regardedas a telecommunications business in accordance with the provisions of Article5 paragraph (1) of the Supplementary Provisions of the TelecommunicationsBusiness Law after amendment, the provisions of the TelecommunicationsBusiness Law before amendment in accordance with the provisions of provisionsof Article 2 of the "Amendment Law of 2003" that shall be deemed to bestill in force in accordance with the provisions of Article 5 paragraph(1) of the Supplementary Provisions of the Telecommunications BusinessLaw after amendment shall not apply, and the provisions of the old TelecommunicationsBusiness Law shall remain in force.  In this case, "ministerial ordinance(s)of the Ministry of Posts and Telecommunications" in the old TelecommunicationsBusiness Law shall be read as "ministerial ordinance(s) of the MIC" and "Minister of Posts and Telecommunications" in the same Law shall be readas " Minister".

(Transitional Measures Concerning the PenalProvisions)
Article 7.
With respect to the application of the PenalProvisions to any act committed before the enforcement of each amendmentprovisions of this Law and to any act committed after the day of enforcementwhere the provisions then in force shall still apply in accordance withthe provisions of Article 5 paragraph (1) and paragraph (3) of the precedingarticle of the Supplementary Provisions, the provisions then in force shallstill apply.

(Review)
Article 8.
The government shall, at about ten years fromthe enforcement of the provisions of Article 1 item iii) of the SupplementaryProvisions, if the government deems necessary in view of disciplines oftelecommunications and radio regulations upon consideration of the situationsunder which the provisions of Articles 50-2, 50-3, 72-3 and 72-4 of thenew Telecommunications Business Law, and the provisions of Articles 24-9,38-17 and 38-18 of the new Radio Law are executed, review and take necessarymeasures based upon the results of the review.

Supplementary Provisions(Law No. 54 of May 28, 1999) (Excerpts)

(Day of Enforcement)
Article 1.
This Law shall come into force as of the dayspecified in the applicable cabinet order within one year calculating fromthe day of promulgation

Supplementary Provisions(Law No. 87 of July 16, 1999) (Excerpts)

(Day of Enforcement)

Article 1.
This Law shall come into force as of April 1,2000.  However, the provisions in the following items shall come intoforce as of the day stipulated in said each item.

i) In Article 1, the amendment provisionsto add five articles, a Section title, and two Sub-Sections and Sub-Sectiontitles thereof after Article 250 of the Local Autonomy Law (limited tothe parts pertaining to Article 250-9 paragraph (1) of the same law (limitedto the parts pertaining to gaining consent from both the House of Representativesand the House of Councillors)); in Article 40, the amendment provisionsof paragraphs (9) and (10) in the Supplementary Provisions of the NaturalParks Law (limited to the parts pertaining to paragraph (10) in the SupplementaryProvisions of the same Law), the provisions of Article 244 (except theparts pertaining to the amendment provisions of Article 14-3 of the AgriculturalImprovement Promotion Law) and the provisions of Article 472 (except theparts pertaining to the amendment provisions of Articles 6, 8 and 17 ofthe Law for Special Exceptions to Mergers of Cities, Towns and Villages),and the provisions of Article 7 of the Supplementary Provisions, the provisionsof Articles 10, 12, the proviso of Article 59, the provisions of Article60 paragraphs (4) and (5), the provisions of Articles 73, 77, Article 157paragraphs (4) through (6), Articles 160, 163, and 164 and Article 202of the Supplementary Provisions shall come into force as of the day ofpromulgation.

(Affairs of the State, Etc.)
Article 159.
In addition to the affairs stipulated in eachlaw prior to their amendments by this Law, the affairs of the state, otherlocal public entities and public bodies (referred to as "affairs of thestate, etc." in Article 161 of the Supplementary Provisions) which aremanaged or executed, prior to the enforcement of this Law, by institutionsof local public entities in accordance with laws or applicable cabinetorders thereunder shall, after the enforcement of this Law, be dealt withby local public entities as the affairs of said local public entities inaccordance with laws or applicable cabinet orders thereunder.

(Transitional Measures Concerning Dispositions,Applications, Etc.)
Article 160.
(1) With respect to dispositions of permission,etc. and other acts (hereinafter in this article, referred to as "actsof dispositions, etc.") carried out in accordance with the provisions ofrespective laws before amendment  before this Law (with respect tothe provisions listed in respective items of Article 1 of the SupplementaryProvisions, said provisions shall apply.  The same shall apply hereinafterin this article and in Article 163 of the Supplementary Provisions.) comesinto force, or, with respect to applications for permission, etc. and otheracts (hereinafter in this article, referred to as "acts of applications,etc.") being actually made, at the time of enforcement of this Law, inaccordance with the provisions of respective laws before amendment and where administrative work pertaining to these acts has come into chargeof different persons as of the day of enforcement of this Law, the applicationthereto of amended laws after the day of enforcement of this Law shallbe deemed as acts of dispositions, etc. or acts of applications, etc. thathave been carried out in accordance with the applicable provisions of respectivelaws after amendment, except those stipulated in the provisions of Article2 through the preceding article of the Supplementary Provisions or thosestipulated in the provisions concerning the transitional measures underrespective laws after amendment (including orders thereunder).

(2) With respect to the matters which shall havebeen reported, notified, submitted to the institutions of the state orlocal public entities or for which other procedures shall have been taken,prior to the enforcement of this Law, in accordance with the provisionsof respective laws before amendment, and when such procedures have notyet been conducted prior to the day of enforcement of this Law, these mattersshall be deemed as those not having been reported, notified, nor submittedto the institutions of the state or local public entities and for whichother procedures have not yet taken under the applicable provisions ofrespective laws after amendment; to these matters, except the matters otherwisespecified in this Law and applicable cabinet orders thereunder, the provisionsof respective laws amended by this Law shall apply.

(Transitional Measures Concerning Lodging Complaints)
Article 161.
(1) With respect to lodging of complaints madeconcerning dispositions pertaining to affairs of the state, etc. in accordancewith the Administrative Appeals Law prior to the day of enforcement, wherean administrative agency that had executed said dispositions (hereinafterin this article, referred to as a "disposition agency") had, prior to theday of enforcement, an upper-level administrative agency stipulated inthe same Law (hereinafter in this article, referred to as an "upper-leveladministrative agency"), said disposition agency shall be deemed as continuingto have the upper-level administrative agency even after the day of enforcementand the provisions of the Administrative Appeals Law shall apply to suchlodging.  In this case, the administrative agency being regarded asan upper-level administrative agency of said disposition agency shall bedeemed to have been, even prior to the day of enforcement, the upper-leveladministrative agency of said disposition agency.

(2) In the case of the preceding paragraph, wherethe administrative agency being regarded as the upper-level administrativeagency is an institution of a local public entity, the affairs which saidinstitution shall deal with in accordance with the provisions of AdministrativeAppeals Law shall be deemed as the item i) legal consignee business stipulatedin Article 2 paragraph (9) item i) of the new Local Autonomy Law.

(Transitional Measures Concerning Fee)
Article 162.
With respect to fees which shall have been paid,prior to the day of enforcement, in accordance with the provisions of respectivelaws (including orders thereunder) before amendments made thereto by thisLaw, the provisions then in force, except those otherwise specified inthis Law and applicable cabinet orders thereunder, shall apply.

(Transitional Measures Concerning the PenalProvisions)
Article 163.
With respect to the application of the PenalProvisions to any act committed before the enforcement of this Law, theprovisions then in force shall still apply.

(Entrustment of Other Transitional Measuresto Cabinet Orders)
Article 164.
(1) In addition to the provisions in these SupplementaryProvisions, other transitional measures necessary for the enforcement ofthis Law (including transitional measures concerning the Penal Provisions)shall be specified in the applicable cabinet order.

(2) Matters necessary for the application of theprovisions of Articles 18, 51 and 184 of the Supplementary Provisions shallbe specified in the applicable cabinet order.

(Review)
Article 250.
With respect to the item i) legal consignee businessstipulated in Article 2 paragraph (9) item i) of the new Local AutonomyLaw, as much effort as possible shall be made not to add new work to thebusiness; whereas the items included in Table No. 1 of the new Local AutonomyLaw and items indicated in the cabinet order based on the new Local AutonomyLaw shall, when necessary, be reviewed appropriately in view of promotingdecentralization.

Article 251.
The government shall, in order to help localpublic entities execute their affairs and business voluntarily and independently,study the methods, in view of the shift in economic conditions, etc., toensure the securing of revenues from local taxes depending on the scopeof roles played by the state and local public entities respectively, andtake necessary measures based upon the results of the study.

Article 252.
The government shall, in proceeding with thereform of the medical insurance system, pension system, etc., review thesystem of social security-related administrative procedures and the statusfor the staff engaged in those services, from the viewpoint of ensuringbenefits and convenience for the insured and of improving efficiency insuch administrative procedures; if necessary, the government shall takenecessary measures based upon the results of the review.

Supplementary Provisions(Law No. 137 of August 18, 1999) (Excerpts)

(Day of Enforcement)
1. This Law shall come into force as of the dayspecified in the applicable cabinet order within one year calculating fromthe day of promulgation.

Supplementary Provisions (Law No. 160 of December22, 1999) (Excerpts)

(Day of Enforcement)
Article 1.
This Law (except Article 2 and Article 3) shallcome into force as of January 6, 2001.

Supplementary Provisions(Law No. 79 of May 19, 2000)

(Day of Enforcement)
(1) This Law shall come into force as of theday specified in the applicable cabinet order not exceeding six monthscalculating from the day of promulgation.  However, the provisionsin the following paragraph shall come into force as of the day of promulgation.

(Inquiry of the Council)
(2) The Minister of Posts and Telecommunicationsmay, even prior to the enforcement of this Law, for the establishment ofthe ministerial ordinances of the Ministry of Posts and Telecommunicationsunder Article 38-2 paragraph (4) or paragraph (12) of the TelecommunicationsBusiness Law after amendment, inquire of the Council specified in the applicablecabinet order under Article 94 of the same law.

Supplementary Provisions(Law No. 91 of May 31, 2000)

(Day of Enforcement)
1. This Law shall come into force as of the daywhen the "Law to Amend the Commercial Code, Etc." (Law No. 90 of 2000)comes into force.

(Transitional Measures)
2. Where the day when this Law comes into forceis before the day when the provisions of the Supplementary Provisions Article8 of the "Independent Administrative Institution, Center for Food Quality,Labeling and Consumer Services Law" (Law No. 183 of 1999) come into force,"Article 27" in Article 19-5-2, Article 19-6 paragraph (1) item iv) andArticle 27 in the amendment provisions of the "Law Concerning Standardizationand Proper Labeling of Agricultural and Forestry Products" in Article 31shall be read as "Article 26".

Supplementary Provisions(Law No. 62 of June 22, 2001)

(Day of Enforcement)
Article 1.
This Law shall come into force as of the dayspecified in the applicable cabinet order not exceeding six months calculatingfrom the day of promulgation of this Law.  Provided, however, thatthe provisions of the following items shall come into force as of the daysas specified under said items.

i) The amendment provisions in Article1 to add one section after Section 3 of the Telecommunications BusinessLaw (limited to the parts pertaining to gaining consent from both the Houseof Representatives and the House of Councillors) and the provisions ofthe following article shall come into force on the day of promulgation.
ii) The provisions of Article 2 shall come intoforce on the day stipulated in the applicable cabinet order not exceedingone year calculating from the day of promulgation.

(Inquiry of the Councils, Etc.)
Article 2.
The Minister may, even before this Law comes into force,inquire of the Councils, etc. specified in Article 94 of the TelecommunicationsBusiness Law after amendment (hereinafter referred Article 37-2 paragraph(1) or paragraph (5), to as the "New Telecommunications Business Law")in accordance with the provisions of Article 1, for the purpose of establishingthe applicable ministerial ordinances of the MIC in accordance with the provisionsof Article 37-2 paragraph (1) or paragraph (5), Article 37-3 proviso ofparagraph (3) or paragraph (5), Article 38-3 paragraph (1) or paragraph(5), Article 38-4 paragraph (3) or Article 39-5 paragraph (4) of the NewTelecommunications Business Law; or for the purpose of planning the enactmentof the applicable cabinet order in accordance with the provisions of Article72-10 paragraph (1) of the Telecommunications Business Law after amendmentin accordance with the provisions of Article 2; or for the purpose of establishingthe applicable ministerial ordinances of the MIC in accordance with the provisionsof Article 72-5, Article 72-8 paragraph (1) item i) or item iii), Article72-9 paragraph (1) through paragraph (3) or Article 72-10 paragraph (1)or paragraph (2) of the same law.

(Transitional Measures Related to the PartialAmendment of the Telecommunications Business Law)
Article 3.
(1) Any tariff that, at the time of enforcementof this Law, actually has been authorized in accordance with the provisionsof Article 31-4 paragraph (1) of the Telecommunications Business Law beforeamendment (hereinafter referred to as the "old Telecommunications BusinessLaw") in accordance with the provisions of Article 1, shall, in the casesto which the provisions of Article 31-4 paragraph (1) of the new TelecommunicationsBusiness Law shall be applied, be deemed to be a tariff which has beennotified in accordance with the provisions of the same paragraph; and shall,in the cases to which the provisions of paragraph (3) of the same paragraphshall be applied, be deemed to be a tariff which has been authorized inaccordance with the provisions of the same paragraph.

(2) Any application for authorization of tariffthat, at the time of enforcement of this Law, actually has been submittedin accordance with the provisions of Article 31-4 paragraph (1) of theold Telecommunications Business Law, shall, in the cases of tariffs towhich the provisions of Article 31-4 paragraph (1) of the new TelecommunicationsBusiness Law shall be applied, be deemed to be a notification which hasbeen submitted in accordance with the provisions of the same paragraph;and shall, in the cases of tariffs to which the provisions of paragraph(3) of the same paragraph shall be applied, be deemed to be an applicationfor authorization which has been submitted in accordance with the provisionsof the same paragraph.

(3) Any agreement that, at the time of enforcementof this Law, actually has been authorized in accordance with the provisionsof Article 38-3 paragraph (1) of the old Telecommunications Business Law,shall be deemed to have been submitted in accordance with the provisionsof Article 38-4 paragraph (1) of the new Telecommunications Business Law.

(4) Any application for authorization that, atthe time of enforcement of this Law, actually has been authorized in accordancewith the provisions of Article 38-3 paragraph (1) of the old TelecommunicationsBusiness Law, shall be deemed to have been submitted in accordance withthe provisions of Article 38-4 paragraph (1) of the new TelecommunicationsBusiness Law.

(5) Any interconnection tariff that, at the timeof enforcement of this Law, actually has been authorized in accordancewith the provisions of Article 38-3 paragraph (2) of the old TelecommunicationsBusiness Law, or actually has been notified in accordance with the provisionsof proviso of the same paragraph shall be deemed to be an interconnectiontariff notified in accordance with the provisions of Article 38-4 paragraph(2) of the new Telecommunications Business Law.

(6) Any application for authorization which, atthe time of enforcement of this Law, actually has been submitted in accordancewith the provisions of Article 38-3 paragraph (2) of the old TelecommunicationsBusiness Law, shall be deemed to have been notified in accordance withthe provisions of Article 38-4 paragraph (2) of the new TelecommunicationsBusiness Law.

(7) Any agreement that, at the time of enforcementof this Law, actually has been authorized in accordance with the provisionsof Article 38-3 paragraph (2) of the old Telecommunications Business Law,or any agreement which actually has been concluded in accordance with aninterconnection tariff which has been notified in accordance with the provisionsof the proviso of the same paragraph, or any agreement which actually hasbeen notified in accordance with the provisions of paragraph (5) of thesame article shall be deemed to have been notified in accordance with theprovisions of Article 38-4 paragraph (1) of the new TelecommunicationsBusiness Law.

(8) Any agreement that, at the time of enforcementof this Law, actually has been authorized in accordance with the provisionsof Article 39-3 paragraph (1) of the old Telecommunications Business Law,shall, in the cases of agreements to which the provisions of Article 39-3paragraph (1) of the new Telecommunications Business Law shall be applied,be deemed to be an agreement which has been authorized under the same paragraph;and shall, in the cases of agreements to which the provisions of paragraph(5) of the same article shall be applied, be deemed to be an agreementwhich has been notified in accordance with the provisions of the same paragraph.

(9) Any application for authorization that, atthe time of enforcement of this Law, actually has been submitted in accordancewith the provisions of Article 39-3 paragraph (1) of the old TelecommunicationsBusiness Law, shall, in the cases of agreements to which the provisionsof Article 39-3 paragraph (1) of the new Telecommunications Business Lawshall be applied, be deemed to be an application for authorization whichhas been submitted in accordance with the provisions of the same paragraph;and shall, in the cases of agreements to which the provisions of paragraph(5) of the same article shall be applied, be deemed to have been notifiedin accordance with the provisions of the same paragraph.

(10) Any contract that, at the time of enforcementof this Law, actually has been authorized in accordance with the provisionsof Article 39-3 paragraph (2) of the old Telecommunications Business Law,shall be deemed to have been notified in accordance with the provisionsof Article 39-5 paragraph (1) of the new Telecommunications Business Law.

(11) Any application for authorization that, atthe time of enforcement of this Law, actually has been submitted in accordancewith the provisions of Article 39-3 paragraph (2) of the old TelecommunicationsBusiness Law, shall be deemed to have been notified in accordance withthe provisions of Article 39-5 paragraph (1) of the new TelecommunicationsBusiness Law.

(12) Any agreement that, at the time of enforcementof this Law, actually has been notified in accordance with the provisionsof Article 39-3 paragraph (4) of the old Telecommunications Business Law,shall be deemed to have been notified in accordance with the provisionsof Article 39-3 paragraph (5) of the new Telecommunications Business Law.

(13) Any request that, at the time of enforcementof this Law, actually has been filed in accordance with the provisionsof Article 39-4 paragraph (1) of the old Telecommunications Business Law,shall, in the cases of requests for sharing, be deemed to be a requestof Article 39-4 paragraph (1) of the new Telecommunications Business Law;and shall, in the cases of requests for non-tariff based services (referringto non-tariff based services stipulated in Article 39-3 paragraph (2) ofthe old Telecommunications Business Law; the same shall apply in the followingparagraph.), be deemed to be a request of Article 39-4 paragraph (1) ofthe new Telecommunications Business Law applied, mutatis mutandis, in Article39-6 of the new Telecommunications Business Law.

(14) Any application for award that, at the timeof enforcement of this Law, actually has been filed in accordance withthe provisions of Article 39-4 paragraph (2) of the old TelecommunicationsBusiness Law, shall, in the cases of applications on sharing, be deemedto be an application for award of Article 39 paragraph (4) of the new TelecommunicationsBusiness Law applied, mutatis mutandis, in Article 39-4 paragraph (2) ofthe new Telecommunications Business Law; and shall, in the cases of requestson non-tariff based services, be deemed to be an application for awardof Article 39 paragraph (4) of the new Telecommunications Business Lawapplied, mutatis mutandis, in Article 39-6 of the new TelecommunicationsBusiness Law.

(15) Any person who, at the time of enforcementof this Law, actually has been designated under Article 68 paragraph (1)of the old Telecommunications Business Law, shall be deemed to have beendesignated under Article 68 paragraph (1) of the new TelecommunicationsBusiness Law at the time of enforcement of this Law.

(16) Any disposition, procedure or other act that,except those stipulated in the preceding paragraphs, taken prior to theenforcement of this Law, when there are corresponding provisions in thenew Telecommunications Business Law, shall be deemed to have been takenin accordance with the provisions of the new Telecommunications BusinessLaw.

(Transitional Measures Concerning the PenalProvisions)
Article 4.
With respect to the application of the PenalProvisions to the acts that have been committed prior to the enforcementof this Law, the provisions then in force shall still apply.

(Entrustment of Other Transitional Measuresto Cabinet Orders)
Article 5.
In addition to those stipulated in these SupplementaryProvisions, the necessary transitional measures concerning the enforcementof this Law (including transitional measures concerning the Penal Provisions)shall be specified in the applicable cabinet order.

(Review)
Article 6.
The government shall, after taking into accountchanges, etc. in socioeconomic circumstances in Japan and abroad, includingthe progress of implementation of the provisions after amendment in accordancewith this Law, trends of technologies pertaining to advanced informationand communications networks such as the Internet and use thereof, and,considering smooth operations of international telecommunications businessesand improvement of international competitiveness of Japan's telecommunicationstechnologies, and comprehensively studying the future legal frameworkspertaining to telecommunications including the classification of businesspertaining to communications and broadcasting, take necessary measuresbased upon the results thereof.

Supplementary Provisions(Law No. 125 of July 24, 2003) (Excerpts)

(Day of Enforcement)
Article 1.
This Law shall come into force as of the dayspecified in the applicable cabinet order not exceeding nine months calculatingfrom the day of promulgation of this Law.  Provided, however, thatthe provisions of the following items shall come into force as of the daysas specified under said items.

i) The day of promulgation of the followingarticle and the provisions of Articles 17 through 19 of these SupplementaryProvisions
ii) The day stipulated in the applicable cabinetorder not exceeding three months calculating from the day of promulgationof the provisions of Article 3 for amendment adding one article to theSupplementary Provisions of the Law Concerning Nippon Telegraph and TelephoneCorporation, Etc. (referred to as the "NTT Law" in the following item andin Article 16 of these Supplementary Provisions) and from the day of promulgationof the provisions of Article 16 of these Supplementary Provisions
iii) The day stipulated in the applicable cabinetorder not exceeding one year calculating from the day of promulgation ofthe provisions of Article 2, the amendment provisions of Article 11 paragraph(2) of the NTT Law under Article 3, and the provisions of Articles 6 through15 of these Supplementary Provisions, Articles 21 through 31 of these SupplementaryProvisions, Articles 34 through 41 of these Supplementary Provisions, andArticles 44 through 48 of these Supplementary Provisions.

(Inquiry of the Councils, Etc.)
Article 2.
The Minister may, even before the provisions of Article2 come into force, inquire of the Councils, etc. specified in the applicablecabinet order under Article 169 of the Telecommunications Business Lawafter amendment in accordance with the provisions of Article 2, for thepurpose of establishing the applicable ministerial ordinances of the MIC in accordancewith the provisions of Article 8 paragraph (3), Article 9 Proviso, Article20 paragraph (1), Article 21 paragraph (1), Article 26, Article 41 paragraph(1) or paragraph (2), Article 45 paragraph (1) Proviso, Article 52 paragraph(1), Article 70 paragraph (1) item i), Article 108 paragraph (1) item ii)or paragraph (3) of the same article of the Telecommunications BusinessLaw after amendment in accordance with the provisions of Article 2.

(Transitional Measures for Designated ApprovalAgency, Etc.)
Article 3.
(1) Any person who, at the time of enforcementof this Law, actually has been given a designation in accordance with theprovisions of Article 68 paragraph (1) of the Telecommunications BusinessLaw before amendment (hereinafter referred to as the "Old Law") in accordancewith the provisions of Article 1, shall be deemed to have been given aregistration in accordance with the provisions of Article 68 paragraph(1) of the Telecommunications Business Law as amended by the provisionsof Article 1 on the day of enforcement of this Law (hereinafter referredto as the "New Law" from this article through Article 5 of these SupplementaryProvisions).  In this case, the term specified in Article 69-2 paragraph(1) shall be calculated from the day of designation or renewal of designationspecified in the Old Law.
(2) At the time of enforcement of this Law, anyapplication for the designation that actually has been filed in accordancewith the provisions of Article 68 paragraph (2) of the Old Law; any applicationfor the renewal of designation that has been filed in accordance with theprovisions of Article 69-2 paragraph (1) of the Old Law; or, any applicationfor recognition that has been filed in accordance with Article 72-3 paragraph(1) of the Old Law, shall be deemed to be the application for the registrationas prescribed in the provisions of Article 68 paragraph (1) of the NewLaw, the application for renewal of registration in accordance with theprovisions of Article 69-2 paragraph (1) of the New Law or the applicationfor recognition in accordance with the provisions of the Article 72-3 paragraph(1) of the New Law.
(3) Any person who, at the time of enforcementof this Law, actually has been given a recognition in accordance with theprovisions of Article 72-3 paragraph (1) of the Old Law, shall be deemedto have been given a recognition in accordance with the provisions of Article72-3 paragraph (1) of the New Law at the time of enforcement of this Law.

(Transitional Measures for Technical ConditionsCompliance Approval, Etc.)
Article 4.
(1) Any application for technical conditionscompliance approval that, at the time of enforcement of this Law, actuallyhas been actually filed in accordance with Article 50 paragraph (2) ofthe Old Law (including the cases where Article 50 paragraph (2) of theOld Law shall apply, mutatis mutandis, in Article 72 of the Old Law), anyapplication for technical conditions compliance approval that has beenactually filed in accordance with Article 50 paragraph (2) of the Old Lawapplied, mutatis mutandis, in Article 72-3 paragraph (5) of the Old Law,or any application for technical conditions compliance approval that hasbeen actually filed in accordance with Article 72-2 paragraph (1) or Article72-3 paragraph (6), shall be deemed to be requests for technical conditionscompliance approval in accordance with Article 50 paragraph (1) (includingthe cases where Article 50 paragraph (1) shall apply, mutatis mutandis,in Article 72-3 paragraph (4) of the New Law), or requests for the certificationof type of terminal equipment in accordance with 50-4 paragraph (1) orArticle 72-3 paragraph (6) of the New Law, respectively.

(2) Any terminal equipment that, prior to theenforcement of this Law, has been given a technical conditions complianceapproval in accordance with the provisions of Article 50 paragraph (2)of the Old Law (including the cases where Article 50 paragraph (2) of theOld Law shall apply, mutatis mutandis, in Article 72 of the Old Law) orany terminal equipment that has been given a technical conditions complianceapproval in accordance with the provisions of Article 50 paragraph (2)of the Old Law applied, mutatis mutandis, in Article 72-3 paragraph (5),shall be deemed to be terminal equipment that has been given a technicalconditions compliance approval in accordance with Article 50 paragraph(1) of the New Law (including the cases where Article 50 paragraph (1)of the New Law shall apply, mutatis mutandis, in Article 72-3 paragraph(4) of the New Law), and shall be deemed to be affixed the mark theretoin accordance with the provisions of Article 50 paragraph (2) of the NewLaw (including the cases where Article 50 paragraph (2) of the New Lawshall apply, mutatis mutandis, in Article 72-3 paragraph (4) of the NewLaw).

(3) Any type that, prior to the enforcement ofthis Law, has been given a certification of type of terminal equipmentin accordance with Article 50-4 paragraph (1), Article 72-2 paragraph (1),or Article 72-3 paragraph (6) of the Old Law, shall be deemed to be a typethat has been given a certification of type of terminal equipment in accordancewith Article 50-4 paragraph (2) of the New Law (including the cases whereArticle 50-4 paragraph (2) of the New Law shall apply, mutatis mutandis,in Article 72-3 paragraph (7) of the New Law).

(4) Any person who, prior to the enforcement ofthis Law, has been given a certification of type of terminal equipmentin accordance with the provisions of Article 50-4 paragraph (1), Article72-2 paragraph (1), or Article 72-3 paragraph (6) of the Old Law shallbe deemed to be a person who has been given a certification of type ofterminal equipment in accordance with Article 50-4 paragraph (2) of theNew Law (including the cases where Article 50-4 paragraph (2) of the NewLaw shall apply, mutatis mutandis, in Article 72-3 paragraph (7) of theNew Law).  In these cases, any person who has been given a certificationof type of terminal equipment in accordance with the provisions of Article50-4 paragraph (1), Article 72-2 paragraph (1), or Article 72-3 paragraph(6) of the Old Law shall be deemed to be a person who has fulfilled theobligations in accordance with the provisions of Article 50-5 paragraph(2) of the New Law (including the cases where Article 50-5 paragraph (2)of the New Law shall apply, mutatis mutandis, in Article 72-3 paragraph(7) of the New Law).

(5) Any terminal equipment based on a type certified,prior to the enforcement of this Law, in accordance with the provisionsof Article 50-4 paragraph (1), Article 72-2 paragraph (1), or Article 72-3paragraph (6) of the Old Law and affixed the mark in accordance with theprovisions of Article 50-4 paragraph (5) of the Old Law (including thecases where Article 50-4 paragraph (5) of the Old Law shall apply, mutatismutandis, in Article 72-2 paragraph (3) and Article 72-3 paragraph (8)of the Old Law), shall be deemed to be the terminal equipment based onthe type that has been certified in accordance with the provisions of Article50-4 paragraph (2) of the New Law (including the cases where Article 50-4paragraph (2) of the New Law shall apply, mutatis mutandis, in Article72-3 paragraph (7) of the New Law) and that affixes the mark in accordancewith the provisions of Article 50-6 of the New Law (including the caseswhere Article 50-6 of the New Law shall apply, mutatis mutandis, in Article72-3 paragraph (7) of the New Law).

(6) The provisions of Article 50-2 of the NewLaw (including the cases where Article 50-2 of the New Law shall apply,mutatis mutandis, in Article 50-9 of the New Law and Article 72-3 paragraph(4) and paragraph (7) of the New Law) shall not apply to the terminal equipmentthat has been given a technical conditions compliance approval in accordancewith the provisions of Article 50 paragraph (2) of the Old Law (includingthe cases where Article 50 paragraph (2) of the Old Law shall apply, mutatismutandis, in Article 72 of the Old Law) prior to the enforcement of thisLaw, and that has been given a technical conditions compliance approvalin accordance with the provisions of Article 50 paragraph (2) of the OldLaw applied, mutatis mutandis, in Article 72-3 paragraph (5) of the OldLaw prior to the enforcement of this Law, and terminal equipment basedon the type that has been certified in accordance with provisions of Article50-4 paragraph (3) of the Old Law (including the cases where Article 50-4paragraph (3) of the Old Law shall apply, mutatis mutandis, in Article72-2 paragraph (3) and Article 72-3 paragraph (8) of the Old Law) and thataffixes the mark in accordance with the provisions of Article 50-4 paragraph(5) of the Old Law (including the cases where Article 50-4 paragraph (5)of the Old Law shall apply, mutatis mutandis, in Article 72-2 paragraph(3) and Article 72-3 paragraph (8) of the Old Law) prior to the enforcementof this Law.

(Transitional Measures for the IncorporatedAdministrative Agency National Institute of Information and CommunicationsTechnology)
Article 5.
With respect to the application of the provisionsof Article 69 paragraph (1) item ii) of the New Law during the period fromthe day of enforcement of this Law to the day before the enforcement ofthe Law to Amend the Law Concerning the Incorporated Administrative AgencyCommunications Research Laboratory (Law No. 134 of 2002), "IncorporatedAdministrative Agency National Institute of Information and CommunicationsTechnology" in sub-item a) of the same item (referred to as the "Institution"in sub-item c))" shall be read as "Incorporated Administrative Agency CommunicationsResearch Laboratory" (referred to as the "Laboratory" in sub-item c))",and "Organization" in sub-item c) of the same item shall be read as "Laboratory".

(Transitional Measures for Registration, Etc.of Business)
Article 6.
(1) Any person who, at the time of enforcementof the provisions of Article 2, is actually operating a Type I telecommunicationsbusiness with a permission of Article 9 paragraph (1) of the TelecommunicationsBusiness Law before amendment (hereinafter referred to as the "Old Law"),and who falls under those to be registered in accordance with the provisionsof Article 9 of the Telecommunications Business Law after amendment (hereinafterreferred to as the "New Law") in accordance the provisions of Article 2,shall be deemed to be a person who has been given a registration in accordancewith Article 9 of the New Law on the day of enforcement of the provisionsof Article 2 (hereinafter referred to as the "day of enforcement"), andany person falling under those who shall submit a notification in accordancewith the provisions of Article 16 paragraph (1) of the New Law shall bedeemed to be a person who has submitted a notification on the day of enforcement.

(2) Any application for permission that, at thetime of enforcement of the provisions of Article 2, actually has been submittedin accordance with the provisions of Article 9 paragraph (1) of the OldLaw, shall be deemed to be an application for registration in accordancewith the provisions of Article 9 of the New Law pertaining to those whoshall be registered in accordance with the same article, and to be a notificationin accordance with the provisions of Article 16 paragraph (1) pertainingto those who shall submit a notification in accordance with the provisionsof the same paragraph.

(3) Any application for permission that, at thetime of enforcement of the provisions of Article 2, actually has been submittedin accordance with the provisions of Article 14 paragraph (1) of the OldLaw, shall be deemed to be an application for registration of changes inaccordance with the provisions of Article 13 paragraph (1) of the New Lawpertaining to those who shall be registered in accordance with the provisionsof Article 9 of the New Law, and deemed to be a notification that has beensubmitted in accordance with the provisions of Article 16 paragraph (3)pertaining to those who shall submit a notification in accordance withthe provisions of paragraph (1) of the same article of the New Law.

(4) Any application for authorization that, atthe time of enforcement of the provisions of Article 2, actually has beensubmitted in accordance with the provisions of Article 18 paragraph (3)of the Old Law, shall be deemed to be a notification that has been submittedin accordance with the provisions of Article 18 paragraph (2) of the NewLaw.

(5) Any person who, at the time of enforcementof the provisions of Article 2, actually has submitted a notification inaccordance with the provisions of Article 22 paragraph (1) of the Old Law,or is actually operating a Type II telecommunications business with a registrationof Article 24 paragraph (1) of the Old Law, shall be deemed to be a personwho has submitted a notification of Article 16 paragraph (1) of the NewLaw on the day of enforcement.

(6) Any application for registration that, atthe time of enforcement of Article 2, actually has been submitted in accordancewith the provisions of Article 24 paragraph (1) of the Old Law, shall bedeemed to be a notification that has been submitted in accordance withthe provisions of Article 16 paragraph (1) of the New Law.

(7) Any application for registration of changesthat, at the time of enforcement of Article 2, actually has been submittedin accordance with the provisions of Article 27 paragraph (1) of the OldLaw, shall be deemed to be a notification that has been submitted in accordancewith the provisions of Article 16 paragraph (3) of the New Law.

(Transitional Measures Concerning Approval,Etc. of Business)
Article 7.
(1) Any person who, at the time of enforcementof the provisions of Article 2, is actually operating a Type I telecommunicationsbusiness with permission of Article 9 paragraph (1) of the Old Law, shallbe deemed to be a person who has been given an approval for said telecommunicationsbusiness of Article 117 paragraph (1) of the New Law on the day of enforcement.

(2) Any application for permission that, at thetime of enforcement of the provisions under Article 2, actually has beensubmitted in accordance with the provisions of Article 9 paragraph (1)of the Old Law, shall be deemed to be an application for approval thathas been submitted in accordance with the provisions of Article 117 paragraph(1) of the New Law.

(3) Any term which, at the time of enforcementof the provisions of Article 2, actually has been prescribed in accordancewith the provisions of Article 12 paragraph (1) of the Old Law (includingthe cases where Article 12 paragraph (1) of the Old Law shall apply, mutatismutandis, in Article 14 paragraph (4) of the Old Law), shall be deemedto be a term prescribed in accordance with the provisions of Article 120paragraph (1) of the New Law (including the cases where Article 120 paragraph(1) of the New Law shall apply, mutatis mutandis, in Article 122 paragraph(4) of the New Law).

(4) Any application for permission that, at thetime of enforcement of the provisions of Article 2, actually has been submittedin accordance with the provisions of Article 14 paragraph (1) of the OldLaw, shall be deemed to be an application for approval in accordance withthe provisions of Article 122 paragraph (1) of the New Law.

(5) Any disposition, procedure or any other actthat has been taken toward a Type I telecommunications carrier stipulatedin Article 12 paragraph (1) of the Old Law in accordance with the provisionsunder Chapter III of the Old Law, or any procedure or any other act thathas been taken by a Type I telecommunications carrier stipulated in Article12 paragraph (1) of the Old Law in accordance with the provisions of ChapterIII of the Old Law, shall be deemed to be a disposition, procedure or otheract that has been taken toward an approved telecommunications carrier stipulatedin Article 120 paragraph (1) of the New Law, or a disposition, procedureor other act, in accordance with the equivalent provisions of Section 2of Chapter III of the New Law, or that has been taken by an approved telecommunicationscarrier stipulated in Article 120 paragraph (1) of the New Law in accordancewith the equivalent provisions of Section 2 of Chapter III of the New Law.

(Transitional Measures Concerning TechnicalConditions Compliance Confirmation)
Article 8.
Any person who, at the time of enforcement ofthe provisions of Article 2, has been given a confirmation in accordancewith Article 12 paragraph (4) of the Old Law (including the cases whereArticle 12 paragraph (4) of the Old Law shall apply, mutatis mutandis,in Article 14 paragraph (4) of the Old Law) with respect to telecommunicationsfacilities pertaining to a permission of Article 9 paragraph (1) of theOld Law, shall be deemed to have submitted a notification in accordancewith the provisions of Article 42 paragraph (3) of the New Law (includingthe cases where Article 42 paragraph (3) of the New Law shall apply, mutatismutandis, in paragraph (4) of the same article) with respect to said telecommunicationsfacilities.

(Transitional Measures Concerning Succession,Etc. of Business)
Article 9.
(1) Any application for authorization which,at the time of enforcement of the provisions of Article 2, actually hasbeen submitted in accordance with the provisions of Article 16 paragraph(1) of the Old Law, shall be deemed to be a notification submitted in accordancewith the provisions of Article 17 paragraph (2) of the New Law and alsoan application for authorization in accordance with the provisions of Article123 paragraph (4) of the New Law.

(2) Any application for authorization which, atthe time of enforcement of the provisions of Article 2, actually has beensubmitted in accordance with the provisions of Article 16 paragraph (2)of the Old Law, shall be deemed to be a notification that has been submittedin accordance with the provisions of Article 17 paragraph (2) of the NewLaw and an application for authorization in accordance with the provisionsof Article 123 paragraph (3) of the New Law.

(3) Any application for authorization which, atthe time of enforcement of the provisions of Article 2, actually has beensubmitted in accordance with the provisions of Article 17 paragraph (2)of the Old Law, shall be deemed to be a notification that has been submittedin accordance with the provisions of Article 17 paragraph (2) of the NewLaw and an application for authorization that has been submitted in accordancewith Article 123 paragraph (2) of the New Law.

(4) Any application for permission which, at thetime of enforcement of the provisions of Article 2, actually has been submittedin accordance with the provisions of Article 18 paragraph (1) of the OldLaw, shall be deemed to be a notification that has been submitted in accordancewith the provisions of Article 18 paragraph (1) of the New Law and a notificationthat has been submitted in accordance with the provisions of Article 124paragraph (1) of the New Law.

(Transitional Measures Concerning Tariffs,Etc.)
Article 10.
(1) Of the notifications of charges that, priorto the day of enforcement of this Law, have been submitted in accordancewith the provisions of Article 31 paragraph (1) of the Old Law, the notificationsof charges concerning universal telecommunications services stipulatedin Article 7 of the New Law, shall be deemed to be the notifications ofcharges specified in the tariffs that have been submitted in accordancewith the provisions of Article 19 paragraph (1) of the New Law.

(2) Of the terms and conditions specified in thetariffs that, prior to the day of enforcement of this Law, has been submittedin accordance with the provisions of Article 31-4 paragraph (1) of theOld Law or the terms and conditions specified in the tariffs that havebeen authorized in accordance with the provisions of paragraph (3) of thesame article, the terms and conditions concerning universal telecommunicationsservices stipulated in Article 7 of the New Law, shall be deemed to bethe terms and conditions specified in the tariffs that have been submittedin accordance with the provisions of Article 19 paragraph (1) of the NewLaw.

(3) Of the applications for authorization of thetariffs that, at the time of enforcement of Article 2, actually have beensubmitted in accordance with the provisions of Article 31-4 paragraph (3)of the Old Law, the applications concerning universal telecommunicationsservice stipulated in Article 7 of the New Law shall be deemed to be thenotifications of the tariffs (except charges) in accordance with the provisionsof Article 19 paragraph (1) of the New Law.

(4) Of the notifications of charges that, priorto the day of enforcement of this Law, have been submitted in accordancewith the provisions of Article 31 paragraph (1) of the Old Law, the notificationsof charges concerning designated telecommunications services stipulatedin Article 20 paragraph (1) of the New Law (except universal telecommunicationsservice stipulated in Article 7 of the New Law.  Hereinafter the sameshall apply.) shall be deemed to be the notifications of charges specifiedin the tariffs that have been submitted in accordance with the provisionsof Article 20 paragraph (1) of the New Law.

(5) Of the terms and conditions specified in thetariffs that, prior to the day of enforcement of this Law, have been authorizedin accordance with the provisions of Article 31-4 paragraph (3) of theOld Law, the terms and conditions concerning designated telecommunicationsservices stipulated in Article 20 paragraph (1) of the New Law shall bedeemed to be the terms and conditions specified in the tariffs that hasbeen submitted in accordance with the provisions of the same paragraph.

(6) Of the applications for authorization of thetariffs that, at the time of enforcement of the provisions of Article 2,actually have been submitted in accordance with the provisions of Article31-4 paragraph (3) of the Old Law, the applications concerning designatedtelecommunications services stipulated in Article 20 paragraph (1) of theNew Law shall be deemed to be the notifications of the tariffs (exceptcharges) that have been submitted in accordance with the provisions ofthe same paragraph.

(Transitional Measures Concerning Orders toChange Tariffs, Etc.)
Article 11.
(1) Of the orders having been issued, prior tothe enforcement of this Law, in accordance with the provisions of Article31 paragraph (2) of the Old Law or the orders having been issued in accordancewith the provisions of Article 31-4 paragraph (2) of the Old Law, the ordersconcerning terms and conditions including charges for universal telecommunicationsservices stipulated in Article 7 of the New Law shall be deemed to be theorders having been issued in accordance with the provisions of Article19 paragraph (2) of the New Law; the orders concerning terms and conditionsincluding charges for designated telecommunications services stipulatedin Article 20 paragraph (1) of the New Law shall be deemed to be the ordershaving been issued in accordance with the provisions of paragraph (3) ofthe same article of the New Law; the orders concerning terms and conditionsincluding charges for telecommunications services other than universaltelecommunications services or designated telecommunications services shallbe deemed to be the orders having been issued in accordance with the provisionsof Article 29 paragraph (1) of the New Law.

(2) Of the orders to apply for authorization ofchanges in tariffs, that have been issued, prior to the enforcement ofthis Law, in accordance with the provisions of Article 36 paragraph (1)of the Old Law, the orders concerning the tariffs for universal telecommunicationsservices stipulated in Article 7 of the New Law, shall be deemed to bethe orders having been issued in accordance with the provisions of Article19 paragraph (2) of the New Law; the orders concerning the tariffs fordesignated telecommunications services stipulated in Article 20 paragraph(1) of the New Law shall be deemed to be the orders having been issuedin accordance with the provisions of paragraph (3) of the same article;and the orders concerning the tariffs for telecommunications services otherthan universal telecommunications services or designated telecommunicationsservices shall be deemed to be the orders having been issued in accordancewith the provisions of Article 29 paragraph (1) of the New Law.

(Transitional Measures Concerning Posting,Etc. of Tariffs)
Article 12.
(1) Of the charges and tariffs that have beenpublished and posted, prior to the enforcement of this Law, in accordancewith the provisions of Article 32 paragraph (1) of the Old Law, the chargesand tariffs concerning universal telecommunications services stipulatedin Article 7 of the New Law, the charges and tariffs concerning designatedtelecommunications services stipulated in Article 20 paragraph (1) of theNew Law or the charges and tariffs concerning specified telecommunicationsservices stipulated in Article 21 paragraph (1) of the New Law, shall bedeemed to be the charges and tariffs that have been published and postedin accordance with the provisions of Article 23 paragraph (1) of the NewLaw.

(2) Of the charges and terms and conditions thathave been published and posted, prior to the enforcement of this Law, inaccordance with the provisions of Article 32 paragraph (1) of the Old Lawapplied, mutatis mutandis, in paragraph (2) of the same article, the chargesand terms and conditions concerning universal telecommunications servicesstipulated in Article 7 of the New Law or the charges and terms and conditionsconcerning designated telecommunications services stipulated in Article20 paragraph (1) of the New Law, shall be deemed to be the charges andterms and conditions published and posted in accordance with the provisionsof Article 23 paragraph (1) applied, mutatis mutandis, in paragraph (2)of the same article.

(Transitional Measures Concerning Accountsin Order)
Article 13.
The provisions of Article 24 of the New Law shallapply to the accounts in order pertaining to the business year startingon or after the day of enforcement of this Law, and the provisions thenin force shall still apply to the accounts in order pertaining to the businessyear that have started prior to the day of enforcement of this Law.

(Transitional Measures Concerning Agreementson Sharing Telecommunications Facilities)
Article 14.
(1) Any agreement on sharing telecommunicationsfacilities that has been authorized, prior to the enforcement of this Law,in accordance with the provisions of Article 39-3 paragraph (1) of theOld Law, shall be deemed to be the agreement on sharing telecommunicationsfacilities that has been submitted in accordance with the provisions ofArticle 37 paragraph (1) of the New Law.

(2) Any application for authorization of agreementon sharing telecommunications facilities that, at the time of enforcementof the provisions of Article 2, actually has been submitted in accordancewith the provisions of Article 39-3 paragraph (1) of the Old Law, shallbe deemed to be the notification of agreement on sharing telecommunicationsfacilities that has been submitted in accordance with the provisions ofArticle 37 paragraph (1) of the New Law.

(Transitional Measures Concerning Local PublicEntities)
Article 15.
Local public entities that, at the time of enforcementof the provisions of Article 2, are actually operating a telecommunicationsbusiness subject to the provisions of Article 165 paragraph (1) of theNew Law, may continue to operate its business for three months after theday of enforcement of this Law, without notification of the same paragraph.

(Effects of Dispositions, Etc.)
Article 17.
Any disposition, procedure and other act thathas been taken prior to the enforcement of each provision for amendmentunder this Law, in accordance with the provisions of the individual lawsbefore amendment thereof, and of which there are the equivalent provisionsin the individual laws after amendment, shall be deemed to be the disposition,procedure and other act that have been taken in accordance with the provisionsof the individual laws after amendment, except as may be otherwise stipulatedin these Supplementary Provisions.

(Transitional Measures Concerning the PenalProvisions)
Article 18.
The application of the Penal Provisions to theacts that have been committed prior to the enforcement of the provisionsfor amendment under this Law, and the application of penalties to the actscommitted after the enforcement of this Law in the cases where the provisionsthen in force in accordance with the provisions of Article 13 of theseSupplementary Provisions shall still apply, shall still follow the provisionsthen in force.

(Entrustment of Other Transitional Measuresto Cabinet Orders)
Article 19.
In addition to those stipulated in these SupplementaryProvisions, the necessary transitional measures concerning the enforcementof this Law (including transitional measures concerning the Penal Provisions)shall be specified in the applicable cabinet order.

(Review)
Article 20.
In the cases after ten years have elapsed fromthe enforcement of the provisions of Article 1 or Article 2, if the governmentdeems necessary, after review from the viewpoint of disciplines of telecommunicationsupon consideration of the situations in which the provisions of Article1 and Article 2 are being enforced, the government shall take necessarymeasures based upon the results of the review.

Tables

 

Table No. 1 (relatedto Article 87, Article 91)

 

1. 1. A person who has graduatedfrom a university, under the School Education Law (Law No. 26 of 1947)(excluding junior colleges; the same shall apply in item iii)) or a universityunder the old Imperial Ordinance for University (Imperial Ordinance No.388 of 1918), with a degree in electrical engineering or telecommunicationsengineering, or a person being given a chief telecommunications engineer'slicense who has a one-year or longer experience in the work of technicalconditions compliance approval service or service for certification oftype of terminal equipment, or for testing, tuning or maintenance of terminalequipment (hereinafter referred to as the "work experience")
2. 2. A person who has graduatedfrom a junior college or a college of technology under the School EducationLaw, or a under the old Imperial Ordinance for Technical College (ImperialOrdinance No. 61 of 1903), with a degree in electrical engineering or telecommunicationsengineering and has the work experience of three years or longer
3. 3. A person who has graduatedfrom a foreign school equivalent to a university under the School EducationLaw with a degree in electrical engineering or telecommunications engineeringand has the service experience of one year or longer
4. 4. A person who has graduatedfrom a foreign school equivalent to a junior college or college of technologyunder the School Education Law with a degree in electrical engineeringor telecommunications engineering and has the work experience of threeyears or longer

Table No. 2 (relatedto Article 87)

 

i)	Volt-ampere meter
ii)	Oscilloscope
iii)	Impedance analyzer
iv)	Insulation resistance meter
v)	Optical power meter
vi)	Level meter
vii)	Spectrum analyzer
viii)	Protocol analyzer
ix)	Oscillator