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On April 13, 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 ministerial ordinance plan for partial reform of registration inspection business regulations, etc. accompanying reform (to be enforced within nine months of promulgation of the Law) of the Broadcast Act (Act No. 131 of 1950 Law) included in the Law for Partial Revision of the Broadcast Act (Act No. 65 of 2010 Law), and a reply was received from the Council stating its approval of the original plan.
There was also an appeal for opinions concerning the revision plan for relevant ministerial ordinances, etc. included in the ministerial ordinance plan held from March 3 to April 1, 2011, in response to which three opinions endorsing the revision plan were submitted. These opinions, along with the views of the MIC, are officially announced herein.
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.
The same Law also dictates that enforcement is to be carried out within nine months from the date of the promulgation of the Law (December 3, 2010), and accordingly the MIC created a partial revision plan for the relevant ministerial ordinances in order to carry out maintenance, etc. of regulations necessary in this Law. This was followed by an appeal for opinions, which was held from March 3 to April 1, 2011.
2. Outline of reforms
These reforms provide for the Minister of Internal Affairs and Communications to abbreviate periodic inspections by means of the enforcement of the Law for Partial Revision of the Broadcast Act, etc.; introduce a system for registration inspection businesses, etc.; and establish the range of radio stations that are subject to inspections, the documents to be submitted, and style of the items to be recorded.
3. Reply from Council, and results from appeal for opinions
(1) On April 13, 2011, the Ministry of Internal Affairs and Communications (MIC) submitted an inquiry to the Radio Regulatory Council concerning a ministerial ordinance plan for partial revision of registration inspection business regulations, etc., and a reply was received from the Council stating its approval of the original plan.
(2) An appeal for opinions concerning the plan for partial revision of relevant ministerial ordinances, etc. was held from March 3 to April 1, 2011, in response to which three opinions were submitted. These opinions, along with the views of the MIC, are as per the enclosed documents.
4. Partial revision plan for relevant ministerial ordinances, etc.
(1) Ministerial Ordinance Plan for Partial Revision of Radio Law Enforcement Regulations (1950 Radio Regulatory Council Regulation No. 14) (see attachments)
(2) Ministerial Ordinance Plan for Partial Revision of Regulations for Registration Inspection Businesses, etc. (1997 Ministry of Posts and Telecommunications Order No. 76)(see attachments)
(3) Ministerial Ordinance Plan for Partial Revision of Procedural Rules for Radio Station Licenses (1950 Radio Regulatory Council Regulation No. 15)(see attachments)
(4) Ministerial Ordinance Plan for Partial Revision of Law Enforcement Regulations concerning Use of Information and Communications Technology in Administrative Procedure, etc. for Laws and Ordinances relating to Ministry of Internal Affairs and Communications (2003 Ministry of Internal Affairs and Communications Order No. 48) (see attachments)
(5) Item establishing specific confirmation methods for comprehensive examinations of wireless equipment and methods of implementing inspections conducted by registration inspection businesses, etc., based on provisions in article 12 and annexed table 4.3.3 (2) of regulations for registration inspection businesses, etc.) (see attachments)
(6) Item establishing radio stations for separate bulletins from the Minister of Internal Affairs and Communications for radio stations requiring guarantees of suitable application to ensure safety of people's lives or health, based on provisions in article 10 of regulations for registration inspection businesses, etc.) (see attachments)
(7) Bulletin Plan for Partial Revision of 2007 Ministry of Internal Affairs and Communications Bulletin No. 67 (item establishing authorization certificates for on-site inspection personnel in accordance with provisions in article 24.8 paragraph 1 of the Radio Law) (see attachments)
(8) Bulletin Plan for Partial Revision of 2007 Ministry of Internal Affairs and Communications Bulletin No. 67 (item establishing authorization certificates for inspection personnel in accordance with provisions in article 73 paragraphs 1 and 4, and article 82 paragraph 2 of the Radio Law)(see attachments)
(9) Bulletin Plan for Partial Revision of 1981 Ministry of Posts and Telecommunications Bulletin No. 87 (item establishing minor instances of construction work plans not requiring authorization in accordance with provisions in annexed tables 1.3, 1.21 and 2.2 of Radio Law enforcement regulations) (see attachments)
(10) Bulletin Plan for Partial Revision of 1997 Ministry of Posts and Telecommunications No. 666 (item establishing specific confirmation methods for comprehensive examinations of wireless equipment and methods of implementing inspections conducted by registration inspection businesses, etc., based on provisions in article 10 and annexed table 4.3.3 (2) of regulations for registration inspection businesses, etc.) (see attachments)
(11) Bulletin Plan for Partial Revision of 1999 Ministry of Posts and Telecommunications No. 233 (item establishing documents that can be submitted, recordable items and submission methods, for electromagnetic recording in accordance with provision 14 of regulations for registration inspection businesses, etc.) (see attachments)
(12) Bulletin Plan for Partial Revision of 1999 Ministry of Posts and Telecommunications Bulletin No. 312 (item establishing items to be implemented in inspections conducted by authorized inspection businesses, etc., based on provisions in note 1 of annexed table 4.3.2 of regulations for registration inspection businesses, etc.) (see attachments)
(13) Bulletin Plan for Partial Revision of 2004 Ministry of Internal Affairs and Communications Bulletin No. 88 (item establishing requirements for separate bulletins from Minister of Internal Affairs and Communications for second supplementary provision in regulations concerning verification of technical standards compliance in special wireless equipment, concerning qualifications set forth in annexed table 1.1 of the Radio Law) (see attachments)
(14) Bulletin Plan for Partial Revision of 2004 Ministry of Internal Affairs and Communications Bulletin No. 88 (item establishing test procedure for characteristic examinations based on provisions in annexed table 1.1 (3) of regulations concerning verification of technical standards compliance in special wireless equipment)(see attachments)
(15) Directive Plan for Partial Revision of Radio Law-related Examination Standards (2001 Ministry of Internal Affairs and Communications Directive No. 67)(see attachments)
5. Schedule
Based on the reply from the Radio Regulatory Council and results from the appeal for opinions, the Ministry of Internal Affairs and Communications (MIC) will promptly carry out reform of the relevant ministerial ordinances, etc.
○Appeal for Opinions on Partial Revision Plan for Relevant Ministerial Ordinances Accompanying Partial Enforcement of Law for Partial Revision of Broadcast Act, etc. (March 2, 2011)
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http://www.soumu.go.jp/joho_tsusin/eng/contact.html
International Policy Division,
Global ICT Strategy Bureau, MIC
TEL: +81 3 5253 5374 / FAX: +81 3 5253 5924 |
