Ordinance for Attested Private Inspector, Etc.

Article 1   The objective of these regulations is to provide for matters delegated by the Law and matters necessary to enforce the provisions thereof on the authorization of Attested Private Inspector and Attested Private Foreign Inspector (hereinafter referred to as the "Attested Private Inspector, etc.") and on the implementation of Inspection, except separately provided for.

Article 2   The classification provided for by the Ministerial Ordinance of Posts and Telecommunications based on paragraph 1 of Article 24-2 of the Law shall be the first type inspection business, the second type inspection business, the third type inspection business and the inspection business of Specified Radio Equipment.

2 The classification listed in the upper column of the table below shall correspond to each inspection business with regard to either radio equipment, etc. for the radio stations (excluding those established by the nation) listed in the right column of the said table or the specified radio equipment set forth in paragraph 1 of Article 38-2 of the Law (hereinafter referred to as the "Specified Radio Equipment"), respectively.

Classification	Radio equipment, etc. of radio stations or Specified Radio Equipment which each Private Inspector is authorized to Inspect
The first type inspection business	Radio equipment, etc. of all the radio stations
The second type inspection business	1) radio equipment, etc. of fixed station 2) radio equipment, etc. of broadcasting station (limited to station without performance room, stations for community broadcasting and broadcasting for a temporary purpose, and station for multi-channel broadcasting superimposing waves of the community broadcasting and broadcasting for a temporary purpose) 3) radio equipment, etc. of coast station (limited to stations other than those established for the purposes of telecommunications services and of public services which use radio waves with frequency exceeding 26.175MHz) 4) radio equipment, etc. of aeronautical station (excluding stations established to deal with air traffic control communications or to provide telecommunication services, etc.) 5) radio equipment, etc. of land station (excluding those of coast station, aeronautical station, base station, portable base station, paging station and land mobile relay station) 6) radio equipment, etc. of ship station 7) radio equipment, etc. of aircraft station (excluding those established on aircraft used for scheduled air transport services set forth in paragraph 17 of Article 2 of the Civil Aeronautical Law (Law No.231, 1952)) 8) radio equipment, etc. of mobile station (excluding those of ship station, automatic distress messaging station, on-board communications station, aircraft station, land mobile station and portable station) 9) radio equipment, etc. of radiodetermination station (excluding those of radionavigation land station, radionavigation mobile station, radiolocation land station, radiolocation mobile station, radio direction finding station and radio beacon station) 10) radio equipment, etc. of radiolocation land station 11) radio equipment, etc. of earth station (excluding those of coast earth station, aeronautical earth station, portable base earth station, ship earth station, aircraft earth station and portable mobile earth station) (1) those which communicate with broadcasting satellite station, broadcasting test satellite station or development test station which are established on artificial satellites (limited to those movable) (2) those on which requirements are provided for in paragraph 6 of Article 40-4 and Article 54-3 of the Equipment Regulations 12) radio equipment, etc. of portable base earth station 13) radio equipment, etc. of ship earth station 14) radio equipment, etc. of aircraft earth station 15) radio equipment, etc. of emergency station 16) radio equipment, etc. of experimental station (limited to those listed in Notice separately issued) 17) radio equipment, etc. of amateur station 18) radio equipment, etc. of the radio stations which fall under the classification of the third type inspection business
The third type inspection business	1) radio equipment, etc. of fixed station (limited to those with single channel) 2) radio equipment, etc. of base station 3) radio equipment, etc. of portable base station 4) radio equipment, etc. of paging station 5) radio equipment, etc. of land mobile relay station 6) radio equipment, etc. of ship station (limited to those of fishing boats, excluding boats with gross tonnage of more than 300tonnage used for international navigation which are not engaged solely in catching marine products, and to those established in ships other than fishing boats excluding compulsory ship station) 7) radio equipment, etc. of automatic distress messaging station 8) radio equipment, etc. of on-board communications station 9) radio equipment, etc. of land mobile station 10) radio equipment, etc. of portable station 11) radio equipment, etc. of radionavigation mobile station 12) radio equipment, etc. of radiolocation land station (limited to those which use radio waves with frequencies of 426MHz, 10.525GHz, 13.4125GHz, 24.2GHz and 35.98GHz) 13) radio equipment, etc. of radiolocation mobile station 14) radio equipment, etc. of ship earth station (limited to those of fishing boats, excluding boats with gross tonnage of more than 300tonnage used for international navigation which are not engaged solely in catching marine products, and to those of ships other than fishing boats, excluding such ships as set forth in Article 4 of the Ships Safety Law (Law No.11, 1933) (including the case applied to mutatis mutandis by the Cabinet Ordinance based on the provisions of Article 29-7 of the said Law)) 15) radio equipment, etc. of portable mobile earth station 16) radio equipment, etc. of experimental station (limited to those set forth in Notice separately issued) 17) radio equipment, etc. of convenience radio station 18) radio equipment, etc. of premises radio station 19) radio equipment, etc. of meteorological aids station 20) radio equipment, etc. of stations for special services (excluding those established to provide meteorological report and air navigation warning, etc. for aircraft or ship)
The inspection business of Specified Radio Equipment	Radio equipment falling under the classification set forth in Article 8 of the Regulations for Specified Radio Equipment Certification of Conformity with Technical Regulations

Article 3   The technical regulations provided for by the Ministerial Ordinance of Posts and Telecommunications based on subparagraph 1 of paragraph 1 of Article 24-2 of the Law shall be as follows:

1) The first type inspection business shall retain a person or persons who fall(s) under one of the followings:

2) The second type inspection business shall retain a person or persons who fall(s) under one of the following:

3) The third type inspection business shall retain a person or persons who fall(s) under one of the following:

4) The inspection business of Specified Radio Equipment shall retain a person or persons who fall(s) under one of subparagraphs of Article 12 of the Certification Regulations.

Article 4   Measuring instrument and other equipment provided for by the Ministerial Ordinance of Posts and Telecommunications based on subparagraph 2 of paragraph 1 of Article 24-2 of the Law shall be those necessary for the Inspection of a radio equipment in question out of the following, and shall be highly precise:

1)

frequency meter;

2)

spectrum analyzer;

3)

electric field strength meter;

4)

high-frequency power meter;

5)

voltammeter;

6)

signal generator; and

7)

other measuring instrument, etc. which the Minister of Posts and Telecommunications specifies in Notice as necessary to Inspect radio equipment.

Article 5  The period provided for by the Ministerial Ordinance of Posts and Telecommunications based on subparagraph 2 of paragraph 1 of Article 24-2 of the Law shall be one year after the first day of the month following the month to which the date of calibration belongs; provided, however, that the period shall be otherwise specified in Notice, respectively, with regard to measuring instruments, etc. which are separately designated in the Notice by the Minister of Posts and Telecommunications.

Article 6  The calibration provided for by the Ministerial Ordinance of Posts and Telecommuni-cations based on subparagraph 2 of paragraph 1 of Article 24-2 of the Law shall be as follows:

1)

calibration pursuant to the provisions of Articles 135 or 144 of the Measurement Law (Law No.51, 1993);

2)

in case of calibration taken place in foreign countries, calibration which the Minister of Posts and Telecommunications acknowledges is equivalent to one conducted by the Minister of Posts and Telecommunications or the designated calibration entities; and

3)

if a business entity owns two or more measuring instruments, etc., one of which has received the calibration conducted by the Minister of Posts and Telecommunications or designated calibration entities, or the calibration listed in 1) or above, the calibration of the other or another measuring instrument, etc. conducted by the said business entity, making use of the measuring instrument, etc. which has been so authorized, in such a manner as the Minister of Posts and Telecommunications or the Director-General of Regional Bureau of Telecommunications (including the Head of Okinawa Office of Posts and Telecommunications; the same also applies to the rest herein) admits as appropriate.

Article 7   Any person, who wishes to obtain the authorization set forth in paragraph 1 of Article 24-2 of the Law, shall submit the application form set forth in Exhibit 1 with the following documents attached to the Director-General of Regional Bureau of Telecommunications for each classification set forth in paragraph 1 of Article 2 herein:

Article 8  The form of the authorization certificate provided for in paragraph 1 of Article 24-3 of the Law shall be as shown in Exhibit 2.

Article 9   Should the item(s) listed in subparagraph 2 of Article 7 be changed, any Attested Private Inspector shall in advance obtain the approval of the Director-General of Regional Bureau of Telecommunications by submitting documents describing the item(s) to be changed and reasons for such change.

Article 10   Should any authorization certificate be amended, any Attested Private Inspector shall submit the certificate with documents describing reasons for amendment attached to the Director-General of Regional Bureau of Telecommunications for such amendment.

2 The Director-General of Regional Bureau of Telecommunications may issue a new certificate in lieu of the amendment mentioned in the preceding paragraph for such amendment.

Article 11   If any Attested Private Inspector apply for reissurance of authorization certificate since the original certificate has been damaged, soiled or lost, he or she shall submit the application describing reasons to the Director-General of Regional Bureau of Telecommunications.

2 When the Attested Private Inspector has received a new certificate, he or she shall without delay return the original certificate, except where he or she could not return it since it has been lost.

Article 12   The documents to prove the facts set forth in paragraph 2 of Article 24-5 of the Law shall be as follows:

1)

resident card (copy of register for a juridical person) in case of a person who has succeeded to a Attested Private Inspector due to transfer of whole business;

2)

family register in case of a heir who has succeeded to a Attested Private Inspector; and

3)

in case of a juridical person which has succeeded to a Attested Private Inspector due to merger, a copy of register of the juridical person.

Article 13   If any Attested Private Inspector file a report to discontinue a authorized business under the provisions of paragraph 1 of Article 24-6 of the Law, the report describing the following items shall be submitted to the Director-General of Regional Bureau of Telecommunications:

1)

name of the Attested Private Inspector;

2)

date of discontinuance;

3)

number and date of the authorization;

4)

type of the inspection business; and

5)

reason for discontinuance.

Article 13-2   Any person who wishes to obtain the authorization set forth in paragraph 1 of Article 24-9 of the Law shall submit the application form set forth in Exhibit 1 with the documents listed in subparagraphs of Article 7 attached to the Director-General of Kanto Bureau of Telecommunications for each classification set forth in paragraph 1 of Article 2, except where such authorization is to be obtained in such a manner as otherwise provided for in Notice issued by the Minister of Posts and Telecommunications.

2 The provisions of Article 8 shall apply to the authorization certificate set forth in paragraph 1 of Article 24-3 of the Law which is applied to paragraph 2 of Article 24-9 thereof mutatis mutandis, the provisions of Article 9, paragraph 1 of Article 10, Article 11 and the preceding Article to Attested Private Foreign Inspector , the provisions of paragraph 2 of Article 10 to the authorization certificate set forth in paragraph 1 of Article 24-3 of the Law which is applied to paragraph 2 of Article 24-9 thereof mutatis mutandis, and the provisions of Article 12 to the documents to prove the facts set forth in paragraph 2 of Article 24-5 which is applied to paragraph 2 of Article 24-9 thereof mutatis mutandis, respectively mutatis mutandis, where "the Director-General of Regional Bureau of Telecommunications" under the provisions of Articles 9 to 11 and the preceding Article be replaced for the purpose of interpretation with "the Director-General of Kanto Bureau of Telecommunications," "subparagraph 2 of Article 7" under Article 9 with "subparagraph 2 of Article 7 which is applied to Article 13-2 mutatis mutandis," "Attested Private Inspector" under Article 12 with "Attested Private Foreign Inspector ," "copy)" under the same Article with "copy) or a copy of one similar to the register," "family register" under the same Article with "family register or one similar to it," "copy of register" under the same Article with "copy of register or a copy of one similar to it," and "paragraph 1 of Article 24-6 of the Law" under the preceding Article with "paragraph 1 of Article 24-6 of the Law which is applied to paragraph 2 of Article 24-9 thereof," respectively.

Article 14   The items to be inspected provided for by the Ministerial Ordnance of Posts and Telecommunications based on paragraph 2 of Article 10, paragraph 2 of Article 18 or paragraph 3 of Article 73 of the Law under the authorization of inspection set forth in paragraph 1 of Article 24-2 or paragraph 1 of Article 24-9 of the Law (hereinafter referred to as the "inspection") shall be as shown in Exhibit 3.

2 The items to be tested provided for by the Ministerial Ordnance of Posts and Telecommunications based on paragraph 5 of Article 38-2 (including the case applied to mutatis mutandis by paragraph 5 of Article 38-17) or paragraph 4 of Article 38-16 (including the case applied to mutatis mutandis by paragraph 8 of Article 38-17) shall be as shown in (3) of subparagraph 1 of Exhibit 3 of the Certification Regulations.

Article 15   Method, etc. to implement the inspection shall be as provided for in Notice by the Minister of Posts and Telecommunications.

Article 16   When the inspection has been implemented, any Attested Private Inspector, etc shall notify those who requested the inspection of results of such inspection by means of the notification form of results of authorized inspection set forth in Exhibit 4.

Article 17   Any Attested Private Inspector, etc. shall keep ready, at the office where the inspection is implemented, records of the inspection business describing the following items or copies of notification of results of authorized inspection mentioned in the preceding Article or their alternatives, which shall be stored for six years after the date when the use of such records comes to an end or the date of the notification under the preceding Article:

1)

type, identification signal and number of license, preliminary license or permission of radio station where radio equipment, etc. was inspected, or type and manufacturing number of Specified Radio Equipment which was inspected;

2)

name of a person who requested the inspection;

3)

date of the inspection;

4)

place of the inspection;

5)

results of the inspection;

6)

name of staff who implemented the inspection; and

7)

type or name of measuring instrument, etc. used for the inspection and date of the latest calibration thereof.

Article 18   Documents to be submitted to the Director-General of Regional Bureau of Telecommunications hereunder shall be made in Japanese.