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Functions

In the event of any dispute arising between telecommunications carriers, terrestrial TV broadcasters, cable TV operators, etc., the parties can use the dispute settlement system as follows.

Overview of the major systems to settle disputes


1 Telecommunications carriers 
 
(1)Contents of negotiations 
○ Agreements on interconnection of telecommunications facilities 
○ Agreements on shared use of telecommunications facilities 
○ Agreements on shared use of structures used to install telecommunications facilities 
○ Contracts related to providing wholesale telecommunications services 
 
Commission:Mediation/Arbitration 
 
Minister for Internal Affairs and Communications:Order for negotiation or award 
 
(2)Contents of negotiations 
○ Several specified agreements / contracts for ensuring the smooth provision of telecommunications services 
 
Commission:Mediation/Arbitration 
 
2 Telecommunications carriers and content providers 
 
Contents of negotiations 
○ Contracts related to provision of telecommunications services to be used for operation of content distribution businesses, etc. 
 
Commission:Mediation/Arbitration 
 
3 Cable TV operators and terrestrial TV broadcasters 
 
Contents of negotiations 
○ Consent to rebroadcast terrestrial television programming 
 
Commission:Mediation/Arbitration 
 
Minister for Internal Affairs and Communications:Award 
 
4 A person who is to establish / alter a radio station  and another radio station* licensee 
Contents of negotiations 
 
○ Contracts related to measures to prevent interference and any other type of disturbance 
 
Commission:Mediation/Arbitration

(Note) In the case of "order for negotiation" or "award," the Minister for Internal Affairs and Communications requests advice from the Telecommunications Dispute Settlement Commission.

Mediation

Mediation is a process in which mediation commissioners appointed from among commissioners and special commissioners by the commission for each individual case act as mediators to help the disputants reach a mutual agreement and achieve a prompt resolution.
The Mediation process is not mandatory because it is carried out based on mutual agreement.
The process is free of charge and is in principle not open to the public.

Flow of Mediation

Flow of Mediation

Arbitration

Arbitration is a means to solve disputes in which the disputants agree to follow the arbitration award made by three arbitration commissioners who are basically selected under agreement by the disputants and appointed by the commission.
The arbitration award, unlike Mediation, takes effect between the disputants in the same manner as a final decision in a court of law and the disputants cannot take the matter to court unless there was a defect in the process, because the procedure is performed under agreement that the parties abide by the arbitration award.
The process is free of charge and is in principle not open to the public.

Flow of Arbitration

Flow of Arbitration

Deliberation / Report / Recommendation

Submit reports after deliberating inquiries received from the Minister for Internal Affairs and Communications
Submitting reports after deliberating inquiries received from the Minister for Internal Affairs and Communications during administrative proceedings conducted by the Minister such as the following:
 Orders for negotiations and Awards regarding interconnection agreements, orders to improve business activities, etc. aimed at  telecommunications carriers
 Awards related to rebroadcasting consents among cable television operators and terrestrial television broadcasters
Make recommendation to the Minister for Internal Affairs and Communications
Regarding mediation, arbitration, and deliberation and reporting related to inquiries, making recommendations to the Minister for Internal Affairs and Communications when there are suggestions for improving competition rules, etc.

Counseling for carriers / operators

Counseling for carriers / operators
In response to cases where discussions between operators/carriers concerning agreements, contracts, etc. experience difficulties, services such as the provision of reference information and advice are provided.
Content of the consultation is not shared with the other party without the consent of the party seeking counseling.
 Counseling are free of charge, Contents of the consultations are not disclosed.
 Consultations (complaints) from users and consumers of telecommunications services are not subject of counseling
Consultation examples
Consultations covering a wide range of topics are being accepted, including individual and specific troubles such as:
 Agreement on contract renewal terms related to the provision of wholesale telecommunications services cannot be reached
 Negotiations concerning consent for rebroadcasting outside the service area of terrestrial broadcasters cannot be arranged
 Denied without clear reason when requesting provision of dark fiber (unused optical fiber)
 Telecommunications carrier, which is the other party of interconnection, has stated connectivity will be suspended unless a connection deposit is provided
Consultations related to inquires regarding procedures such as the following are also being accepted: 
 Being unable to make a decision on whether or not a problem is applicable for a request for mediation 
 Wanting information related to mediation procedures (system summary, application process, etc.)