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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