January 12, 2011

Opinions on Inquiry Sent to Radio Regulatory Council concerning Plan for Partial Revision of Ministerial Ordinances involving Partial Enforcement of Law for Partial Revision of Broadcast Act, etc., and Results from Appeal for Opinions

Revision of relevant ministerial ordinances together with revision of Broadcast Act

　　On January 12, 2011, the Ministry of Internal Affairs and Communications (MIC) submitted an inquiry to the Radio Regulatory Council (Chairman: Hiroshi Harashima, emeritus professor at the University of Tokyo) concerning a plan for partial revision of relevant ministerial ordinances involving revision of the Radio Law (enforced within 3 months after promulgation of the Law) included in the Law (2010 Law, Act No. 65) for partial revision of the Broadcast Act, etc., a reply was received from the Council stating its approval of the original motion.
　In addition, an appeal for opinions on the same revision plan was held from December 8, 2010 to January 6, 2011, in response to which 12 opinions were submitted, and the details of these are published herein along with the views of the MIC.

1. Background

　The Law for partial revision of the Broadcast Act, etc., came into existence at the 176th National Diet and was promulgated on December 3, 2010.
　This same law dictates that the provisions set forth in Additional Clause 2 in Article 1 are to be enforced within 3 months from the day of promulgation of this Law (December 3, 2010), and plans for partial revision of relevant ministerial ordinances were drawn up to service the necessary provisions, with an appeal for opinions on these plans carried out from December 8, 2010 to January 6, 2011.

2. Outline of plan for partial revision of ministerial ordinances, etc.

(1) Concerning the complete coverage of base station licenses for mobile phones, etc. (relating to Clause 2.2 of Article 27 in the Revised Law)
　Making possible reception through the complete coverage of licenses in place of separate licenses for each base station, where small scale base stations for mobile phones, etc. are installed indoors (femtocell base stations, etc.).
　Also, establishing forms for documents submitted and items mentioned in license procedures and in procedures required after the establishment of base stations.
(Ministerial Ordinance Plan for Partial Revision of Radio Law Enforcement Regulations)
(Ministerial Ordinance Plan for Partial Revision of Basic Standards for Establishment of Special Radio Stations)
(Ministerial Ordinance Plan for Partial Revision of Radio Station License Procedural Regulations)
(Ministerial Ordinance Plan for Partial Revision of Wireless Equipment Regulations)
(Ministerial Ordinance Plan for Partial Revision of Regulations concerning Technical Standards Compliance Verification, etc. in Special Wireless Equipment)

(2) Relating to the introduction of a report system for decisions on technical standards, etc. (concerning Clause 2 of Article 38 in the Revised Law)
　Establishing forms, etc. for documents submitted and items mentioned in accompaniment with the establishment of a system for manufacturers to report to the Minister of Internal Affairs and Communications on wireless equipment technical standards to be decided on, etc.
(Ministerial Ordinance Plan for Partial Revision of Radio Law Enforcement Regulations)

(3) Relating to the maintenance of an environment where radio waves can be used with peace of mind (concerning Clause 6 of Article 38 in the Revised Law)
　Provisions for items to be reported, etc. in accompaniment with the introduction of a notification system for situations where there are changes to the names or addresses of persons receiving verification of technical standards compliance or authentication of construction work planning.
Together with the above-mentioned revision, a report system is established for situations where persons receiving technical standards compliance verification or authentication of construction work planning are aware that their special wireless equipment do not conform to technical standards.
(Ministerial Ordinance Plan for Partial Revision of Regulations concerning Technical Standards Compliance Verification, etc. in Special Wireless Equipment)

(4) Relating to the prevention of radio waves being emitted by abolished radio stations (concerning Article 78 in the Revised Law)
　Dictating that corrective measures must be taken to prevent wrong emission of radio waves through the removal of antennas from persons who were licensed radio operators but whose radio station licenses have expired.
(Ministerial Ordinance Plan for Partial Revision of Radio Law Enforcement Regulations)

(5) Servicing of other necessary regulations

3. Reply from Radio Regulatory Council, and results from appeal for opinions

(1) On January 12, 2011, an inquiry was submitted to the Radio Regulatory Council concerning the revision plan, and a reply was received from the Council stating its approval of the original motion.

(2) An appeal for opinions on the plan for partial revision of relevant ministerial ordinances was held from December 8, 2010 to January 6, 2011, in response to which 12 opinions were submitted. Details of these opinions, along with the views of the MIC, are as per the enclosed documents.

4. Plan for partial revision of relevant ministerial ordinances

　　・Ministerial Ordinance Plan for Partial Revision of Radio Law Enforcement Regulations (see enclosed document for new-old comparison table)
　　・Ministerial Ordinance Plan for Partial Revision of Basic Standards for Establishment of Special Radio Stations (see enclosed document for new-old comparison table)
　　・Ministerial Ordinance Plan for Partial Revision of Radio Station License Procedural Regulations (see enclosed document for new-old comparison table)
　　・Ministerial Ordinance Plan for Partial Revision of Wireless Equipment Regulations (see enclosed document for new-old comparison table)
　　・Ministerial Ordinance Plan for Partial Revision of Regulations concerning Technical Standards Compliance Verification, etc. in Special Wireless Equipment (see enclosed document for new-old comparison table)
　　・Ministerial Ordinance Plan for Partial Revision of Law Enforcement Regulations concerning Utilization of Information and Communications Technology in Administrative Procedure, etc. affecting Laws and Ordinances relating to the Ministry of Internal Affairs and Communications (see enclosed document for new-old comparison table)

5. Schedule