(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.
(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.
(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.