Decision on Petitions of Objection to Administrative Disposition of Designation of Types of Broadband Power Line Carrying Communications Facilities

1. Petitions of objection subject to decision

Demurrant	Number of deliberation	Date of deliberation
115 amateur radio operators and shortwave broadcasting receivers	Deliberation No.1 of 2007	January 15, 2007
	Deliberation No.2 of 2007	May 1, 2007
	Deliberation No.3of 2007	June 11, 2007
	Deliberation No.4of 2007	August 6, 2007
	Deliberation No.22of 2007	September 27, 2007
	Deliberation No.23of 2007	November 13, 2007
	Deliberation No.3 of 2008	February 6, 2008
	Deliberation No.4of 2008	April 8, 2008
	Deliberation No.6of 2008	June 6, 2008
	Deliberation No.9of 2008	November 7, 2008
	Deliberation No.2of 2009	January 20, 2009
	Deliberation No.5of 2009	May 13, 2009
102 amateur radio operators and shortwave broadcasting receivers	Deliberation No.6of 2009	October 20, 2009
1 amateur radio operator	Deliberation No.7of 2009	October 27, 2009
101 amateur radio operators and shortwave broadcasting receivers	Deliberation No.1of 2010	February 8, 2010
	Deliberation No.1of 2011	February 3, 2011

  

2. Outline of petitions of objection

　　The petitions of objection mentioned above were made with respect to the administrative disposition of designation of types of power line carrying communications facilities issued by the Minister for Internal Affairs and Communications. Its outline is as follows.
　　　　　
　　(1) As broadband power line carrying communications facilities related to the petitions of objection use frequencies between 2MHz and 30MHz, equipment for broadband power line carrying communications is produced and sold by the applicant for administrative disposition of designation of types. As a result, demurrants who have hitherto used amateur radio or receive shortwave broadcasting using the same frequencies included in the said frequency band suffer serious damage that it becomes impossible or difficult to enjoy radio communications or receive shortwave broadcasting. Therefore, a decision to rescind the administrative disposition of designation of types is requested.
　　(2) The technical standards which are used as standards for examination when an administrative disposition of designation of types of broadband power line carrying communications facilities related to the petitions of objection is issued continuously cause a serious obstacle to radio use of others. Therefore, the administrative disposition of designation of types issued by the Minister for Internal Affairs and Communications is illegal, as it is beyond discretion granted to the Minister for Internal Affairs and Communications or abuses it, and the administrative disposition of designation of types should be rescinded and the permissible values and measurement methods in the technical standards should be reviewed.
　　　　　　 

3. Outline of decision

　　The petitions of objection described in (1) was made by third persons (persons who have acquired qualifications for amateur radio and established radio stations, persons who have acquired qualifications for amateur radio but not hold a license for it or have not established radio stations, and persons who do not have qualifications for amateur radio but receive shortwave broadcasting) who are not addressees of the administrative disposition of designation of types related to broadband power line carrying communications facilities.
　　 As a result of the deliberation in the Radio Regulatory Council, it was decided that the administrative disposition of designation of types issued by the Minister for Internal Affairs and Communications does not deviate from his discretion given based on the Radio Act so that the petition of objection made by amateur radio operators may not be judged to be illegal, thereby it is to be dismissed. Also, it was decided that the petition of objection from shortwave broadcasting receivers is to be rejected, as they are not allowed to use specific frequencies based on the Radio Act and the interest of receiving shortwave broadcasting is judged to have a characteristic of being absorbed and incorporated into public interests based on the Broadcast Act and not to have the legal interest protected as individual interests of individuals, thereby it does not satisfy the requirements for applying for petition of objection.
　　In response to this, the Minister for Internal Affairs and Communications made a decision to the effect that the petitions of objection are rejected and dismissed as decided by the Radio Regulatory Council based on the provision of Article 94, Paragraph 1 of the Radio Act.