(Purpose)
Article 1.
The purpose of this Law, considering the public nature of telecommunications business, is, by ensuring the proper and reasonable operations of such business as well as promoting fair competition thereof, to secure the consistent provision of telecommunications service, to protect the users' benefit, and thereby to ensure both the sound development of telecommunications and the convenience of people, and to promote the public welfare.
(Registration of Telecommunications Business)
Article 9.
Any person who intends to operate telecommunications business shall obtain registration from the Minister. Provided, however, that the scale of telecommunications circuit facilities (meaning telecommunications circuit facilities connecting transmitting points with receiving points, switching facilities installed as inseparable units therefrom, and other facilities accessory to such facilities; hereinafter the same shall apply.) as installed by the person and the scope of areas where said telecommunications circuit facilities are installed do not exceed the standards specified in the applicable MIC ordinance, this shall not apply.
Article 10.
(1) Any person who intends to obtain the registration stipulated in the preceding article shall, as specified in the applicable MIC ordinance, submit an application describing the following matters to the Minister:
i) Name and address of the applicant and, in the cases where the applicant is a juridical person, name of the representative
ii) Service areas
iii) Outline of telecommunications facilities
(2) A written covenant stating that the applicant does not fall under any item of item i) through item iii), paragraph (1), Article 12, and other documents specified in the applicable MIC ordinance shall be attached to the application referred to in the preceding paragraph.
(Implementation of Registration)
Article 11.
(1) When an application for the registration under Article 9 is submitted, the Minister shall register the following matters on the telecommunications carriers registration book, except where the Minister shall refuse the registration in accordance with the provisions of paragraph (1) of the following article:
i) Matters specified in each item of paragraph (1) of the preceding article
ii) Date and registration number
(2) The Minister shall, when registered in accordance with the provisions of the preceding paragraph, send without delay to the applicant a notification to that effect.
(Refusal of Registration)
Article 12.
(1) Where a person who has submitted an application of Article 10 paragraph (1) falls under any of the following items, or where said application or any document attached thereto includes any false entries on any important matter or fails to describe any important information, the Minister shall refuse the registration:
i) Any person who has been sentenced to a fine or severer penalty in accordance with the provisions of this Law, the Wire Telecommunications Law (Law No. 96 of 1953) or the Radio Law (Law No. 131 of 1950) and a term of two years has not yet elapsed since the day on which the person's sentence or suspended sentence was served out
ii) Any person whose registration was revoked in accordance with the provisions of Article 14 paragraph (1) if a term of two years has not yet elapsed since the day of revocation
iii) Any juridical person or association which has as an officer anyone who falls under any of the preceding two items
iv) Any person where it is deemed that the launch of telecommunications service of said person is inappropriate for the sound development of telecommunications
(2) The Minister shall, where registration has been refused in accordance with the provisions of the preceding paragraph, notify the person concerned to that effect in writing with reasons attached thereto.
(Notification of Telecommunications Business)
Article 16.
(1) Any person (except a person who has to obtain registration under Article 9) who intends to operate a telecommunications business shall, as specified in the applicable MIC ordinance, submit a notification to that effect to the Minister with documents that describe the following matters:
i) Name and address of the applicant and, in the cases where the applicant is a juridical person, name of the representative
ii) Service areas
iii) Outline of telecommunications facilities (limited to the cases where the person installs telecommunications facilities for telecommunications business under Article 44 paragraph (1))
(2) Any person who has submitted a notification in accordance with the preceding paragraph shall, when any of the matters specified in item i) of the same paragraph has been changed, submit without delay a notification to the Minister to that effect.
(3) Any person who has submitted a notification in accordance with the paragraph (1) shall, before it changes any of the matters specified in item ii) or item iii) of the same paragraph, submit a notification to the Minister to that effect. This shall not apply, however, to such minor changes specified in the applicable MIC ordinance.
(Suspension and Discontinuation of Business, and Dissolution of Juridical Person)
Article 18.
(1) When a telecommunications carrier has suspended or discontinued part or all of the operations of its telecommunications business, said telecommunications carrier shall submit without delay a notification to the Minister to that effect.
(2) When a juridical person who is a telecommunications carrier has been dissolved due to reasons other than merger, the liquidator in charge (or the trustee in bankruptcy in the case of dissolution due to bankruptcy) shall submit without delay a notification to the Minister to that effect.
(3) When a telecommunications carrier intends to suspend or discontinue part or all of the operations of its telecommunications business, as specified in the applicable MIC ordinance, the telecommunications carrier shall inform fully to that effect to users (meaning persons concluding contracts with a telecommunications carrier to receive telecommunications services. Hereinafter the same shall apply.) of said telecommunications business to be suspended and discontinued. Provided, however, that in the cases where suspension or discontinuation of a telecommunications business specified in the applicable MIC ordinance as those having a comparatively small influence on the users' benefit, this shall not apply.
(Tariffs for Universal Telecommunications Services)
Article 19.
(1) A telecommunications carrier providing universal telecommunications services shall establish tariffs concerning terms and conditions including charges relating to the carrier's universal telecommunications services (except matters pertaining to technical requirements to be authorized in accordance with the provisions of Article 52 paragraph (1) or Article 70 paragraph (1) item i), and matters specified in the applicable MIC ordinance) and shall submit said tariffs to the Minister prior to application thereof, as specified in the applicable MIC ordinance. The same shall also apply when such tariffs are to be amended.
(2) The Minister may, if it is deemed that the tariffs notified in accordance with the provisions of the preceding paragraph fall under any of the following items, order said telecommunications carrier providing universal telecommunications services to change said tariffs within a reasonable time period:
i) If calculating methods of charges are not stipulated properly and clearly.
ii) If the tariffs related to the responsibilities to be assumed by a telecommunications carrier and its users, and allocation methods of costs related to installation and other works of telecommunications facilities are not properly and clearly stipulated.
iii) If the tariffs unreasonably restrict utilization conditions of the telecommunications circuit facilities.
iv) If the tariffs include the provisions that unfairly discriminate against specified persons.
v) If due consideration is not paid to the matters relating to essential communications.
vi) If the tariffs impair the users' benefit because lead to illicit competition with other telecommunications carriers, or the tariffs are extremely improper in light of socioeconomic conditions.(3) With respect to terms and conditions including charges to be specified in tariffs in accordance with the provisions of paragraph (1), no telecommunications carrier providing universal telecommunications services shall provide said universal telecommunications services otherwise than pursuant to the tariffs notified in accordance with the provisions of the same paragraph. This shall not apply, however, where charges for said universal telecommunications services specified in the tariffs are reduced or exempted in accordance with the provisions of the following paragraph.
(4) A telecommunications carrier providing universal telecommunications services may, in accordance with the standards specified in the applicable MIC ordinance, reduce or exempt charges for said universal telecommunications services specified in the tariffs notified in accordance with the provisions of paragraph (1).
(Posting, Etc. of Tariffs, Etc.)
Article 23.
(1) Any telecommunications carrier providing universal telecommunications services, designated telecommunications services or specified telecommunications services shall, as specified in the applicable MIC ordinance, publish tariffs (including the technical requirements authorized in accordance with the provisions of Article 52 paragraph (1) or Article 70 paragraph (1) item i)) notified in accordance with the provisions of Article 19 paragraph (1) or Article 20 paragraph (1) (including the cases where the provisions that shall be read as the provisions in accordance with the provisions of paragraph (4) of the same article apply) or charges authorized in accordance with the provisions of Article 21 paragraph (2) as well as post thereof at its business offices and other workplaces in a manner in which such tariffs and charges can easily be seen by the general public.
(2) The provisions of the preceding paragraph shall apply, mutatis mutandis, to the terms and conditions pertaining to the matters specified in the applicable MIC ordinance under Article 19 paragraph (1) or Article 20 paragraph (1).
(Accountability on Terms and Conditions)
Article 26.
Telecommunications carriers and persons who perform conclusion of contracts as business of intermediary, commission or procuration concerning the provision of telecommunications services from other telecommunications carriers (hereinafter referred to as "telecommunications carrier, etc.") shall, when intending to perform conclusion of contracts, contracts as business of intermediary, commission or procuration concerning the provision of telecommunications services that are specified as telecommunications services pertaining to people's daily lives in the applicable MIC ordinance, with persons who intend to receive telecommunications services (except persons who are telecommunications carriers), explain outlines of terms and conditions including charges concerning said telecommunications services to the persons, as specified in the applicable MIC ordinance.
(Procedure for Processing Complaints, Etc.)
Article 27.
Any telecommunications carrier shall, properly and promptly, process complaints and inquiries from users (including persons who intend to receive telecommunications services and except persons who are telecommunications carriers. The same shall apply to Article 29 paragraph (2)) concerning operations methods of said telecommunications carrier pertaining to telecommunications services specified in the applicable MIC ordinance under the preceding article or telecommunications services provided by said telecommunications carrier specified in the applicable MIC ordinance under the same article.
(Order to Improve Business Activities)
Article 29.
(1) The Minister may, if it is deemed that business activities of a telecommunications carrier fall under any of the following items, insofar as necessary to ensure the users' benefit or the public interest, order said telecommunications carrier to take actions to improve operations methods or other measures:
i) When there is hindrance in ensuring secrecy of communications with respect to the operations methods of the telecommunications carrier
ii) When the telecommunications carrier unfairly discriminates against specified persons
iii) When the telecommunications carrier does not pay due consideration to the matters relating to essential communications
iv) When the users' benefit is impaired because of calculation methods for amounts of charges concerning telecommunications services (except universal telecommunications services or designated telecommunications services (limited to specified telecommunications services provided pursuant to terms and conditions including charges specified in security tariffs.). The same shall apply in the following item through item vii).) provided by the telecommunications carrier are not proper and clear
v) When the users' benefit is impaired because terms and conditions including charges concerning telecommunications services provided by the telecommunications carrier lead to illicit competition with other telecommunications carriers, or are extremely improper in light of socioeconomic conditions
vi) When the users' benefit is impaired because terms and conditions (except charges. The same shall apply in the following item.) concerning telecommunications services provided by the telecommunications carrier do not properly and clearly specify matters concerning responsibilities to be assumed by the telecommunications carrier and its users, and allocation methods of costs related to installation and other works of telecommunications facilities
vii) When terms and conditions concerning telecommunications services provided by the telecommunications carrier unreasonably restrict utilization conditions of telecommunications circuit facilities
viii) When the telecommunications carrier fails to promptly make repairs or to take other actions necessary to remove the hindrance caused by an accident to the provision of telecommunications services
ix) When, in addition to the preceding items, the users' benefit is impaired as a result of inappropriate operations methods of the telecommunications carrier
x) When there is a risk of extreme impairment of the public interest because the telecommunications carrier fails to fulfill in good faith the obligations imposed by treaties or other international agreements with respect to the international telecommunications activities
xi) When there is a risk of extreme impairment of the public interest because proper operations of other telecommunications carriers are interfered with, due to the fact that the telecommunications carrier unfairly discriminates against a specified telecommunications carrier in interconnecting or sharing telecommunications facilities or in providing wholesale telecommunications services (meaning telecommunications services for use of telecommunications business of other telecommunications carriers. Hereinafter the same shall apply.), or to the fact that the telecommunications carrier conducts other unfair operations concerning such services
xii) When there is a risk of extreme impairment of the public interest because the telecommunications carrier's telecommunications business which provides telecommunications services without installing telecommunications circuit facilities for satisfying a demand pertaining to the telecommunications services makes it difficult for the telecommunications carrier to financially maintain its telecommunications circuit facilities pertaining to the same demand, which provides the telecommunications services by installing telecommunications circuit facilities which have been designed to satisfy said demand
(2) When a telecommunications carrier violates the provisions of Article 26 or a telecommunications carrier violates the provisions of Article 27, the Minister may, to the extent necessary to ensure the users' benefit, order said telecommunications carrier to improve operations methods or take other actions.
(Authorization of Agreements, Etc. with Foreign Governments, Etc.)
Article 40.
Any telecommunications carrier shall obtain authorization from the Minister before the telecommunications carrier enters into, amends or terminates an agreement or contract with a foreign government, or person or juridical person concerning telecommunications activities and includes important matters specified in the applicable MIC ordinance.
(Maintenance of Telecommunications Facilities)
Article 41.
(1) Any telecommunications carrier installing telecommunications circuit facilities shall maintain its telecommunications facilities (except those specified in the applicable MIC ordinance as those having a minor influence on the users' benefit in the cases of damage or failure, etc. thereof) for use of its telecommunications business in compliance with the technical conditions specified in the applicable MIC ordinance.
(2) Any telecommunications carrier providing universal telecommunications services shall maintain its telecommunications facilities (except telecommunications facilities stipulated in the preceding paragraph) for use of its telecommunications business for providing said universal telecommunications services in compliance with the technical conditions specified in the applicable MIC ordinance.
(3) The technical conditions of the preceding two paragraphs shall be so specified as to ensure the following matters:
i) The provision of telecommunications service shall not be extremely hindered by damage or failure of telecommunications facilities.
ii) Quality of telecommunications services shall maintain an appropriate level.
iii) Secrecy of communications shall not be violated.
iv) Telecommunications facilities of users or other telecommunications carriers connected shall not be damaged or impaired, nor shall functions thereof be impaired.
v) The demarcation of responsibilities between the telecommunications facilities of a telecommunications carrier and those of others shall be clearly stipulated.
(Self-Confirmation of Compliance of Telecommunications Facilities by Telecommunications Carriers)
Article 42.
(1) Any telecommunications carrier installing telecommunications circuit facilities shall, as specified in the applicable MIC ordinance, when intending to start operating telecommunications facilities stipulated in paragraph (1) of the preceding article, confirm itself that said telecommunications facilities (except those specified in the applicable MIC ordinance) are in compliance with the technical conditions specified in the applicable MIC ordinance under the same paragraph.
(2) The provisions of the preceding paragraph shall apply, mutatis mutandis, to the cases where a telecommunications carrier installing telecommunications circuit facilities intends to change matters of Article 10 paragraph (1) item iii) or Article 16 paragraph (1) item iii). In this case, "said telecommunications facilities" in the preceding paragraph shall be read as "telecommunications facilities stipulated in paragraph (1) of the preceding paragraph after said change".
(3) Any telecommunications carrier installing telecommunications circuit facilities shall, in the cases where the telecommunications carrier has confirmed compliance in accordance with the provisions of paragraph (1) (including the cases where paragraph (1) shall apply, mutatis mutandis, in the preceding paragraph), as specified in the applicable MIC ordinance, before it starts operating telecommunications facilities stipulated in the same paragraph, submit a notification of the results of self-compliance confirmation to the Minister.
(4) The provisions of the preceding three paragraphs shall apply, mutatis mutandis, to the case where a telecommunications carrier providing universal telecommunications services intends to start operating telecommunications facilities stipulated in paragraph (2) of the preceding article. In this case, "paragraph (1) of the preceding article" in paragraph (2) shall be read as "paragraph (2) of the preceding article".
(Administrative Rules)
Article 44.
(1) Any telecommunications carrier shall, as specified in the applicable MIC ordinance, establish administrative rules governing telecommunications facilities for telecommunications business stipulated in Article 41 paragraphs (1) or (2) (hereinafter referred to as "telecommunications facilities for telecommunications business"), in order to ensure the reliable and stable provision of telecommunications services, and submit a notification of the administrative rules to the Minister prior to the commencement of its telecommunications business.
(2) When a telecommunications carrier has amended its administrative rules, it shall submit without delay a notification of the amended matters to the Minister.
(Chief Telecommunications Engineer)
Article 45.
(1) Any telecommunications carrier shall, as specified in the applicable MIC ordinance, appoint chief telecommunications engineers selected from persons who have chief telecommunications engineer's licenses, and place them in charge of the supervision of matters related to the installation, maintenance and operation of telecommunications facilities for the telecommunications business. Provided, however, that the telecommunications facilities for the telecommunications business are small scale ones or otherwise specified in the applicable MIC ordinance, this shall not apply.
(2) Any telecommunications carrier shall, when it has appointed chief telecommunications engineers in accordance with the provisions of the preceding paragraph, submit without delay a notification to that effect to the Minister. The same shall apply to the case of the dismissal of any of its chief telecommunications engineers.
(Technical Conditions for Connection of Terminal Facilities)
Article 52.
(1) When a telecommunications carrier receives a request from a user for the connection of his or her terminal facilities (meaning telecommunications facilities which are to be connected to one end of telecommunications circuit facilities and part of which is to be installed on the same premises [including the areas regarded as the same premises] or in the same building where any other part thereof is also to be installed. Hereinafter the same shall apply.) with its telecommunications circuit facilities (except those specified in the applicable MIC ordinance as those having a minor influence on the users' benefit in the cases of damage or failure, etc. The same shall apply in Article 69 and Article 70.), the telecommunications carrier shall not refuse the request, except in the cases specified in the applicable MIC ordinance, including the cases where the connection does not comply with the technical conditions (including technical requirements established, subject to the authorization of the Minister, by said telecommunications carrier or other telecommunications carriers whose telecommunications facilities are connected to said telecommunications carrier specified in the applicable MIC ordinance. The same shall apply in the following paragraph and Article 69.) specified in the applicable MIC ordinance.
(2) The technical conditions of the preceding paragraph shall be so provided as to ensure the following matters:
i) The telecommunications circuit facilities shall not be damaged, nor shall functions thereof be impaired.
ii) Any nuisance shall not be caused to other users of the telecommunications circuit facilities.
iii) The demarcation of responsibilities between the telecommunications circuit facilities established by a telecommunications carrier and terminal facilities connected to them by a user shall be clearly stipulated.
(Connection of Customer-Owned and Maintained Telecommunications Facilities)
Article 70.
(1) When a telecommunications carrier has received a request from any person other than a telecommunications carrier installing telecommunications circuit facilities for the connection of their telecommunications facilities (limited to those other than terminal facilities, hereinafter referred to as "customer-owned and maintained telecommunications facilities") to the carrier's telecommunications circuit facilities, the telecommunications carrier shall not refuse the request except the cases listed in the following items:
i) When the connection of the customer-owned and maintained telecommunications facilities does not comply with the technical conditions stipulated in the applicable MIC ordinance (including technical requirements established, subject to the authorization of the Minister, by said telecommunications carrier or other telecommunications carriers specified in the applicable MIC ordinance whose telecommunications facilities are connected to said telecommunications carrier)
ii) When said telecommunications carrier has obtained an approval from the Minister that the connection of the customer-owned and maintained telecommunications facilities would make it difficult for said telecommunications carrier to financially maintain its telecommunications circuit facilities
(2) The provisions of Article 52 paragraph (2) shall apply, mutatis mutandis, to the technical conditions of item i) of the preceding paragraph, and the provisions of the preceding article shall apply, mutatis mutandis, to the inspection of the connection of the customer-owned and maintained telecommunications facilities pertaining to the request of the preceding paragraph. In these cases, "the technical conditions under Article 52 paragraph (1)" in paragraphs (1) and (2) of the preceding article shall be read as "the technical conditions of Article 70 paragraph (1) item i) (including the technical requirements of the same item)".
(Approval of Business)
Article 117.
(1) A telecommunications carrier operating telecommunications business of providing telecommunications services by installing telecommunications circuit facilities or a person who intends to operate said telecommunications business may, when intending to be applied the provisions of the following Section, by submitting an application, obtain approval for all or part of the operations of telecommunications business from the Minister by filing an application form.
(2) Any person who intends to obtain approval shall, as specified in the applicable MIC ordinance, submit an application describing the following matters to the Minister.
i) Name and address and, in the cases where the applicant is a juridical person, name of the representative
ii) Service areas of the telecommunications business pertaining to the application
iii) Outline of telecommunications facilities for the use of telecommunications business pertaining to the application
(3) Documents which include the business plan specified in the applicable MIC ordinance shall be attached to the application.
(Reasons for Disqualification)
Article 118.
(1) Any person who falls under any of the following items may not obtain approval of paragraph (1) of the preceding article:
i) Any person who has been sentenced to a fine or severer penalty in accordance with the provisions of this Law, the Wire Telecommunications Law or the Radio Law and a term of two years has not yet elapsed since the day on which the sentence suspended sentence served out was served out or suspended
ii) Any person whose approval became invalid by falling under Article 125 item i) and a term of two years has not yet elapsed since the day of invalidation, or any person whose approval was revoked in accordance with the provisions of Article 126 paragraph (1) and a term of two years has not yet elapsed since the day of revocation
iii) Any juridical person or association, any of whose officers falls under any of the preceding two items(Approval Standards)
Article 119.
The Minister shall not grant approval under Article 117 paragraph (1), unless it is deemed that an application for approval of the same paragraph meets any of the following items:
i) The applicant shall have an adequate financial basis and a technical capability to properly perform a telecommunications business pertaining to its application.
ii) The plan of the telecommunications business pertaining to its application shall be reliable and rational.
iii) The applicant shall have a registration of Article 9 necessary for operating a telecommunications business pertaining to its application or a registration of changes of Article 13 paragraph (1), or said applicant has notified Article 16 paragraph (1) or paragraph (3).
(Obligation to Commence Business)
Article 120.
(1) Any person who has obtained approval of Article 117 paragraph (1) (hereinafter referred to as an "approved telecommunications carrier") shall commence the telecommunications business pertaining to its approval (hereinafter referred to as an "approved telecommunications business") within the term prescribed by the Minister.
(2) The Minister may, when the Minister deems it especially necessary, prescribe the term of the preceding paragraph for each part of classified service areas of Article 117 paragraph (2) item ii).
(3) The Minister may, at the application of an approved telecommunications carrier, extend the term of paragraph (1), when the Minister deems that there is due reason to do so.
(4) When an approved telecommunications carrier has commenced its approved telecommunications business (in the case of the term having been prescribed for each classified service area in accordance with the provisions of paragraph (2), the approved telecommunications business pertaining to the classification), it shall submit without delay a notification to that effect to the Minister.
(Telecommunications Business Not Requiring Registration)
Article 3.
(1) The standards specified in Article 9 of the Law shall be that the telecommunications circuit facilities to be installed fall under any of the following items:
i) Areas installed terminal system transmission line facilities (referring to terminal facilities or transmission line facilities connected to customer-owned and maintained telecommunications facilities; hereinafter the same shall apply.) do not extend across the boundary of an area (in cases of designated cities (simply referred to as a "designated city" in the following paragraph) under Article 252-19 paragraph (1) of the Local Autonomy Law (Law No. 67 of 1947), an area of the ward concerned) of one city, town or village (including a special ward).
ii) Routes of installed trunk system transmission line facilities (referring to transmission line facilities other than terminal system transmission line facilities; hereinafter the same shall apply.) do not extend across the boundary of an area of one prefecture.
(2) When the transmission line facilities installed by a telecommunications carrier who made notification in Article 16 of the Law has ceased to comply with the standards specified in the preceding paragraph as a result of the change in the boundary of an area of a prefecture, city, town or village (including a special ward), or designated city, the telecommunications carrier may, following the provisions then in force, continue its telecommunications business without registration in Article 9 of the Law within six months from the day of the change. In cases where the carrier filed an application for registration in the article within the period and the period has elapsed, this shall apply to the application until its registration is given or denied.
(Application for Business Registration)
Article 4.
(1) The application referred to in Article 10 paragraph (1) of the Law shall be in accordance with Form 1.
(2) A written covenant in Article 10 paragraph (2) of the Law stating that the applicant does not fall under any item of item i) through item iii), paragraph (1), Article 12 shall be in accordance with Form 2.
(3) Documents specified in the applicable MIC ordinance as referred to in Article 10 paragraph (2) of the Law shall be as follows:
i) A network diagram in accordance with Form 3
ii) Documents concerning telecommunications services in accordance with Form 4
iii) An outline of businesses conducted by the applicant other than the telecommunications business
iv) The following documents when the applicant is an existing juridical person:
a) A certified copy of the articles of incorporation or of the act of endowment and of the register
b) A list of officers and their curricula vitae
v) The following documents when the applicant intends to establish a juridical person:
a) A certified copy of the articles of incorporation or of the act of endowment
b) A list of promoters, partners or founders, their respective curriculum vitae, and documents certifying their names, addresses and dates of birth
vi) The following documents when the applicant is an association other than juridical persons listed in the preceding items:
a) An official copy of the articles of association, rules, etc. describing the purpose, organization, operations, etc. of said association
b) A list of officers and their respective curriculum vitae, and documents certifying the names, addresses and dates of birth
vii) The following documents when the applicant is an individual:
a) A document certifying the person’s name, address and date of birth
b) A curriculum vitae
(Notification of Telecommunications Business)
Article 9.
(1) Any person who intends to submit a notification of the telecommunications business in accordance with the provisions of Article 16 paragraph (1) of the Law shall submit a notification in accordance with Form 8, with the following documents listed in each item attached thereto:
i) A network diagram in accordance with Form 3
ii) Documents concerning telecommunications services in accordance with Form 4
iii) A certified copy of the articles of incorporation or of the act of endowment and of the register when the person who submits the notification is an existing juridical person:
iv) The following documents when the person who submits the notification intends to establish a juridical person:
a) A certified copy of the articles of incorporation or of the act of endowment
b) A list of promoters, partners or founders, their curriculum vitae, and documents certifying their names, addresses and dates of birth
v) The following documents when the person who submits the notification is an association other than juridical persons listed in the preceding items:
a) An official copy of the articles of association, rules, etc. describing the purpose, organization, operations, etc. of said association
b) A list of officers and their respective curriculum vitae, and documents certifying the names, addresses and dates of birth
vi) A document certifying the person’s name, address and date of birth when the applicant is an individual.
(2) Any person who intends to submit a notification in accordance with the provisions of Article 16 paragraph (2) of the Law shall submit a notification in accordance with Form 6, with documents attached thereto certifying that the change has implemented.
(3) Any person who intends to submit a notification in accordance with the provisions of Article 16 paragraph (3) shall submit a notification in accordance with Form 9, with a network diagram of Form 3 (this shall apply only when there is a change in the entries) attached thereto.
(4) Notwithstanding the provisions of the preceding paragraph, when an approved telecommunications carrier submits a notification in accordance with the provisions of Article 16 paragraph (3) of the Law, shall submit the documents as specified in the following items which the notification falls under, with a network diagram of Form 3 (this shall apply only when there is a change in the entries) attached thereto.
i) When said approved telecommunications carrier is a fully approved telecommunications carrier and intends to obtain approval of the change pertaining to said notification in Article 122 paragraph (1) of the Law or intends to submit a notification in accordance with the provisions of paragraph (2) of the same article of the Law, the application/notification of Form 9-2 and the documents referred to in Article 40-14 paragraph (1) item i) sub-items a) and b), or the notification of Form 9-3 and the copy of the certificate of being fully approved
ii) When said approved telecommunications carrier is a partially approved telecommunications carrier and intends to obtain approval of the change pertaining to said notification in Article 122 paragraph (1) of the Law or intends to submit a notification in accordance with the provisions of paragraph (2) of the same article of the Law, the application/notification of Form 9-4 and the documents referred to in Article 40-14 paragraph (1) item ii) sub-items a) and b), or the notification of Form 9-5, documents referred to in sub-items c) and d) of the same item, and a copy of the certificate of being partially approved
iii) A notification of Form 9-6 when, with respect to the change pertaining to said notification, the telecommunications carrier intends to obtain approval of the change in Article 122 paragraph (1) or intends to discontinue its own approved telecommunications business by not submitting a notification in accordance with the provisions of paragraph (2) of the same article
iv) The notification of Form 9-7 and documents referred to in Article 40-14 paragraph (1) item ii) sub-items c) and d), when, with respect to the change pertaining to said notification, the telecommunications carrier intends to obtain approval of the change in Article 122 paragraph (1) of the Law or intends not to discontinue its own approved telecommunications business without submitting a notification in accordance with the provisions of paragraph (2) of the same article
(5) When an approved telecommunications carrier submits the documents as referred to in item iii) of the preceding paragraph, it shall return the certificate of full or partial approval to the Minister, together with said documents.
(6) When a fully approved telecommunications carrier submits the documents as referred to in item iv) of paragraph (4), it shall return its certificate of full approval to the Minister, together with said documents.
(7) When there was a return in accordance with the provisions of the preceding paragraph, the Minister shall issue a certificate of partial approval to said fully approved telecommunications carrier.
(Reporting to Users on Suspension and Discontinuation of Business Activities)
Article 13.
(1) When reporting on suspension and discontinuation of business activities in accordance with the provisions of Article 18 paragraph (3) of the Law, any telecommunications carrier shall inform the known users in an appropriate manner that the telecommunications business is to be suspended or discontinued, by either of the methods in the following items, within a reasonable period of time prior to the implementation thereof.
i) Visit
ii) Telephone call
iii) Sending written documents by mail, items of correspondence, telegram and other means
iv) E-mail
v) A method for users to browse information as stored in a file as retained in the computer via telecommunications circuits, whereby the information as supplied for browse is displayed when the user is provided with telecommunications services pertaining to the telecommunications business to be suspended or discontinued
(2) The suspension or discontinuation of telecommunications business as specified in the applicable MIC ordinance in accordance with the proviso of Article 18 paragraph (3) of the Law shall be as follows:
i) Suspension or discontinuation of telecommunications business providing a telecommunications service which requires conclusion of a contract on the provision of the telecommunication service every time the user requests the provision of the telecommunications service
ii) In the cases of discontinuation of a telecommunications service accompanying the transfer of a telecommunications business or the merger, or divestiture or inheritance of telecommunications carriers, such discontinuation pertaining to said telecommunications service that the successor comes to continue to run as a result of said transfer or merger, or divestiture or inheritance
iii) In addition, suspension or discontinuation of a telecommunications business of which an influence on the users' benefit is considered to be comparatively small as it is clear viewed from the mode of usage that the purpose of communications is limited
(Notification of Tariffs Concerning Universal Telecommunications Services)
Article 15.
Any person who intends to submit a notification in accordance with the provisions of Article 19 paragraph (1) of the Law shall submit a notification of Form 13 by attaching thereto a document describing tariffs (in the case of notification of changes, the comparison of the tariffs before and after the changes) by no later than seven days prior to the day of implementation.
(Terms and Conditions Not Requiring Notification of Tariffs Concerning Universal telecommunications Services)
Article 16.
Matters as specified in the applicable MIC ordinance under Article 19 paragraph (1) of the Law shall exclude the matters listed in the following items:
i) Names and contents of telecommunications services;
ii) Charges relating to telecommunications services (except the handling charges and other similar charges);
iii) Matters relating to responsibilities of the telecommunications carrier and its users;
iv) Methods for sharing costs for works including installation of telecommunications facilities;
v) When setting limitations on modes of use of telecommunications circuit facilities, matters relating thereto;
vi) Methods for handling of essential communications
vii) Technical matters necessary for smooth offering of telecommunications services;
viii) In addition to the preceding items, matters relating to terms and conditions for offering telecommunications services of importance to the rights or duties of users; and
ix) Service period where a valid service period is specified
(Publication of Tariffs, Etc.)
Article 22-2.
The publication of tariffs and charges in accordance with the provisions of Article 23 paragraph (1) of the Law shall be posted at business offices and other workplaces (limited to the main office or branch offices as registered in the commercial register; hereinafter the same shall apply) and shall also be posted on the Internet.
(Accountability on Terms and Conditions)
Article 22-2-2.
(1) The telecommunications services as specified in the applicable MIC ordinance under Article 26 of the Law shall be the ones listed in the following items (except the services (except those as having a significant influence on the general consumer benefit) pertaining to the provision of additional functions, services of which main users are thought to be judicial persons and other associations, and other services as those having a minor influence on general consumers' benefit).
i) Telephony (limited to voice transmission services offered through the use of analog telephone facilities) and ISDN services;
ii) Internet access services via mobile telephones and mobile telephone terminals (referring to terminal system transmission line facilities in which one end to be connected to the telecommunications facilities of users is wireless facilities (limited to ones of which the one end is connected to the mobile phone terminal installing a browser) and a telecommunications service enabling access to the Internet by using said browser);
iii) Internet access service via PHS and PHS terminals (referring to terminal system transmission line facilities in which one end to be connected to the telecommunications facilities of users is wireless facilities (limited to ones of which the one end is connected to the PHS terminal installing a browser) and a telecommunications service enabling access to the Internet by using said browser);
iv) A service enabling access to the Internet (except the services listed in the preceding two items);
v) A service intermediating communications up to the point of interconnection to the Internet by connecting the digital subscriber line access multiplexers (DSLAMs) to terminal system transmission line facilities for analog signal transmission;
vi) A service intermediating communications up to the point of interconnection to the Internet by using terminal system transmission line facilities for optical signal transmission (including those for which VDSL and other telecommunications facilities are used in condominiums, etc.) in all its routes;
vii) A service (except the service listed in the preceding item) intermediating communications up to the point of interconnection to the Internet by using telecommunications facilities using the same lines connected to cable television broadcasting facilities (referring to "cable television broadcasting facilities" and "receiving facilities connected to the cable television broadcasting facilities," stipulated in Article 2 paragraph (2) of the Cable Television Broadcast Law (Law No. 114 of 1972); hereinafter the same shall apply.);
viii) A service intermediating communications up to the point of interconnection to the Internet by using terminal system transmission line facilities of which one end to be connected to the telecommunications facilities of users is wireless facilities (limited to ones of which the one end is connected to mobile terminal facilities (except mobile telephones and PHS terminals));
ix) A service intermediating communications up to the point of interconnection to the Internet by using terminal system transmission line facilities (in the cases where part of the facilities is radio facilities, it shall be limited to the ones of which one end to be connected to the telecommunications facilities of users (including telecommunications facilities to be installed by a telecommunications carrier within a condominium, etc.) all or part of which are wireless facilities (limited to the ones pertaining to fixed radio stations. Hereinafter the same shall apply in this item.); and
x) A telephony service provided through voice transmission using Internet protocols at terminal system transmission line facilities
(2) An explanation stipulated in Article 26 of the Law shall be made by delivering written documents (including catalogs, pamphlets, etc. The same shall apply in item vi).) clearly explaining the matters listed in the following items (hereinafter referred to as "matters to be explained" in this item). However, provided that persons who intend to receive telecommunications services consent to explaining them in any of the following methods instead of written documents, such methods may be used.
i) A method of sending an electronic mail that allows the persons who intend to receive telecommunications services to output said electronic mail record to produce written documents;
ii) A method for the persons who intend to receive telecommunications services to browse the matters to be explained as stored in a file as retained in the computer via telecommunications circuits, whereby said persons can produce written documents by outputting the record in the file;
iii) In the cases where the persons cannot produce written documents as stored in a file by outputting a record in the file, a method for the persons who intend to receive telecommunications services to browse the matters to be explained as stored in a file as retained in the computer (hereinafter referred to as "applicant's file") via telecommunications circuits, whereby delivering the documents describing the matters to be explained to the persons without delay after explanation, or whereby the matters to be explained as stored in the applicant's file cannot be deleted or altered for three months from the time when being stored in the applicant's file
iv) A method of delivering a record of the matters to be explained to an electromagnetic disk, CD-ROM and other electromagnetic storage media;
v) A method of showing the matters to be explained on direct mail and other similar advertisement;
vi) A method of informing the matters to be explained over the telephone (limited to the cases where the written documents describing the matters to be explained without delay after explanation is delivered to the persons)
(3) The explanation on terms and conditions including the charges applied to the telecommunications services stipulated in Article 26 of the Law shall be made at least for the matters listed in the following items by the time of conclusion of contracts as business of intermediary, commission or procuration concerning the provision of telecommunications services:
i) Name of a telecommunications carrier providing telecommunications services (except the cases where the telecommunications carrier concludes an agreement on interconnection or sharing to provide telecommunications services with another telecommunications carrier and where the processing of complaints and inquiries specified in Article 27 of the Law, and collection, etc. of charges for the provision of telecommunications services is to be entrusted to said other telecommunications carrier. The same shall apply in item iii)).
ii) In the cases where persons who perform conclusion of contracts as business of intermediary, commission or procuration (hereinafter referred to as "agent, etc.") concerning the provision of telecommunications services (hereinafter referred to as "sales contract agent, etc.") conclude contracts concerning the provision of said telecommunications services as an agent, etc., the information to that effect and the name of said sales contract agent, etc.
iii) Contact points including telephone numbers and electronic mail addresses for the telecommunications carrier who provides telecommunications services, and in the cases of telephone contact points, business hours accepting claims and inquiries
iv) In the cases of sales contract agent, etc., contact points including telephone numbers and electronic mail addresses of said sales contract agent, etc., and, in the cases of telephone contact points, business hours accepting claims and inquiries (except the cases where the telecommunications carrier providing telecommunications services are to process claims and inquiries on the operations methods of said sales contract agent, etc.)
v) Descriptions of telecommunications services to be provided (including the names; types and quality of telecommunications services in accordance with the classification of paragraph (1); places where they can be provided; where restrictions are imposed on the use of said telecommunications services including emergency report and descriptions on the restrictions)
vi) Charges applied to the person concerning the provision of telecommunications services (however, in the cases where the telecommunications carrier sets forth a number of classifications for call rates by distance, by telecommunications carrier for interconnection, by destination, and by other classification, a description of main call rate classifications that are expected to be used by general consumers, instead of a description of all call rates)
vii) When there expenses not included in the rates listed in the preceding item under which the person who intends to receive telecommunications services is normally required to bear, the description thereof
viii) When all or part of the expenses, including charges, listed in the preceding two items are discounted or free-of-charge during a fixed period, conditions including the period for said discount or free-of-charge
ix) When there are clauses, including the matters listed in the following sub-items, for the conditions for change or cancellation of contracts as expressed from the person who receives telecommunications services, the description thereof
a) When there is a limitation for the grace period in which the contract can be changed or cancelled, the description thereof;
b) When there is a clause for the payment of a withdrawal penalty accompanying the change or cancellation of the contract, the description thereof; and
c) When, in the cases of a change or cancellation of the contract, the person who receives telecommunications services needs to pay the costs incurred for returning or collecting terminal equipment that has been borrowed from the telecommunications carrier for the provision of telecommunications services, the description thereof
(4) The provisions of the preceding three items shall not apply to the conclusion or agent, etc. of: a pertinent contract to be concluded in accordance with the provisions of the tariffs to the effect that when a contract has been concluded with other telecommunications carriers for the provision of telecommunications services, it would mean that said contract was also concluded for the telecommunications services it provides; and contracts for the provision of telecommunications services that is to be concluded every time a pay telephone or other telecommunications service is received.
(5) The provisions of Article 26 of the Law shall only apply for the cases listed in the following items, for any change in terms and conditions among concluded contracts concerning the provision of telecommunications services, and an explanation in that particular case shall be made for the matters specified in said each item.
i) Of all cases of changing terms and conditions for telecommunications services stipulated in each item of paragraph (1) upon the request from the person who receives telecommunications services (limited to the matters listed in each item of paragraph (3)), cases where terms and conditions after the change concerning the provision of telecommunications services are stipulated in the same item before the change: Matters intended to be changed among the matters listed in each item of paragraph (3)
ii) Of all changes in terms and conditions upon request from the person who receives telecommunications services, changes for which a contract for the provision of telecommunications services stipulated in each item of paragraph (1) is to be concluded anew: Matters listed in each item of paragraph (3)
iii) Of all cases of changing terms and conditions for telecommunications services stipulated in each item of paragraph (1) (limited to the matters listed in each item of paragraph (3)), cases where the terms and conditions come to be disadvantageous to the person who receives telecommunications services, including the increase in rates concerning the provision of said telecommunications services: Matters to be changed among the matters listed in each item of paragraph (3)
(6) With respect to an explanation stipulated in Article 26 of the Law, in the cases where the telecommunications carrier provides telecommunications services by concluding an agreement with other telecommunications carriers for interconnection or sharing of telecommunications facilities, and when terms and conditions, including charges, concerning telecommunications services to be provided by said telecommunications carrier (limited to the matters listed in each item of paragraph (3). Hereinafter simply referred to as "terms and conditions" in this item) is explained by said other telecommunications carriers to persons who intend to receive the telecommunications services, said explanation shall suffice when said other telecommunications carriers explain said terms and conditions.
(Application for Authorization of Agreement, Etc. with Foreign Government, Etc.)
Article 26.
Any telecommunications carrier who intends to obtain authorization under Article 40 of the Law shall submit an application of Form 20, with the following documents attached thereto:
i) A copy of the agreement or contract
ii) A document describing the details of the method of implementing the agreement
iii) In the case of application for authorization of changes, a document comparing the agreements, etc. before and after the changes
(Self-Confirmation of Compliance of Telecommunications Facilities for Telecommunications Business by Telecommunications Carriers)
Article 27-3.
When intending to confirm compliance in accordance with the provisions of Article 42 paragraph (1) of the Law (including the cases where paragraph (1) shall apply, mutatis mutandis, in paragraphs (2) and (4) of the same article. In the following article referred to as "Self-Confirmation of Compliance of Telecommunications Facilities for Telecommunications Business by Telecommunications Carriers"), when it is deemed that the telecommunications facilities for telecommunications business are not in compliance with the technical standards specified in Article 41 paragraph (1) or (2) of the Law by verifying the compliance, the self-confirmation of compliance of telecommunications facilities for telecommunications business by telecommunications carriers shall be made by taking necessary measures for the compliance, including installation of required equipment.
(Facilities Not Requiring Self-Confirmation of Compliance of Telecommunications Facilities for Telecommunications Business by Telecommunications Carriers)
Article 27-4.
Telecommunications facilities specified in the applicable MIC ordinance under Article 42 paragraph (1) (including the cases where paragraph (1) shall apply, mutatis mutandis, in paragraphs (2) and (4) of the same article) of the Law shall fall under the cases listed in the following items:
i) Cases where, with the purpose of using one's own telecommunications business, one's own telecommunications facilities that have been already made the self-compliance of telecommunications facilities for telecommunications business by telecommunications carriers have been installed using methods that have applied to said self-compliance of telecommunications facilities for telecommunications business by said telecommunications carriers (except the following cases):
a) With respect to the analog telephone facilities and ISDN facilities stipulated in Article 26 of the Regulations for Telecommunications Facilities for Telecommunications Business, cases of deteriorating quality of speech or quality of interconnection
b) With the Internet Protocol (IP) telephone facilities, cases of deteriorating quality of interconnection or overall qualities
ii) Cases where types of telecommunications services to be provided by telecommunications carriers are changed without changing their own telecommunications facilities that have already bade self-compliance of telecommunications facilities for telecommunications business by said telecommunications carriers (except the following cases):
a) Cases where facilities that had not fallen under analog telephone facilities, ISDN facilities or IP telephone facilities stipulated in Article 26 of the Regulations for Telecommunications Facilities for Telecommunications Business in the past come to fall under either of these telecommunications facilities for telecommunications business as a result of the change;
b) In addition to the cases listed in a), cases where facilities had not fall under analog telephone facilities (except the analog telephone facilities referred to a)) or mobile telephone facilities in the past come to fall under either of these telecommunications facilities for telecommunications business as a result of the change
iii) Cases where a telecommunications carrier installs terminal equipment (except the ones that are not deemed to have no mark in accordance with the provisions of Article 55 paragraph (1) of the Law (including cases where Article 55 paragraph (1) of the Law shall apply, mutatis mutandis, in Article 61 of the Law, Article 68 of the Law, and Article 104 paragraphs (4) and (7) of the Law)) that is affixed the mark in accordance with the provisions of Article 53 paragraph (2) of the Law (including cases where Article 53 paragraph
(2) of the Law shall apply, mutatis mutandis, in Article 104 paragraph (4) of the Law), Article 58 of the Law (including cases where Article 58 of the Law shall apply, mutatis mutandis, in Article 104 paragraph (7) of the Law) or Article 65 of the Law, and also interconnects them to telecommunications circuit facilities for use of its own business
(Notification of Self-Confirmation of Compliance of Telecommunications Facilities for Telecommunications Business by Telecommunications Carriers)
Article 27-5.
(1) Any person who intends to submit a notification of commencement of business in accordance with the provisions of Article 42 paragraph (3) of the Law (including the cases where Article 42 paragraph (3) of the Law shall apply, mutatis mutandis, in paragraph (4) of the same article) shall submit a notification of Form 20-2, by attaching thereto documents stipulated in the following items with respect to telecommunications facilities for telecommunications business listed in said items:
i) Analog telephone facilities or ISDN facilities stipulated in Article 26 of the Regulations for Telecommunications Facilities for Telecommunications Business
a) Facilities and connection block diagrams of switching facilities, transmission line facilities and ancillary facilities;
b) An explanation concerning the installation, etc. of backup facilities for switching, transmission line and ancillary facilities;
c) An explanation concerning the methods of detecting and reporting failures, etc. in switching, transmission line and ancillary facilities;
d) An explanation concerning protection measures for restricting functions of programs received from users of telecommunications facilities or telecommunications facilities of other telecommunications carriers;
e) An explanation concerning the methods of detecting and dealing with abnormal traffic congestion in switching facilities;
f) An explanation concerning the anti-seismic measures of switching, transmission line and ancillary facilities;
g) An explanation of measures to counter power failures;
h) An explanation of measures to counter inductive interferences in line facilities;
i) An explanation of the automatic fire alarm and fire extinguishing equipment provided in the telecommunications equipment room, etc. where telecommunications facilities are installed;
j) An explanation concerning the installation of outside plant facilities;
k) An explanation concerning measures to prevent damage caused by natural disasters and to prevent unauthorized entry in buildings, etc. where telecommunications facilities are installed;
l) An explanation concerning protection measures for confidentiality of communications;
m) An explanation concerning measures to protect information stored in telecommunications facilities regarding users' communications;
n) An explanation concerning the installation of security equipment between telecommunications facilities and users or the telecommunications facilities for telecommunications business of other telecommunications carriers;
o) An explanation concerning the demarcation point between telecommunications facilities and users or other telecommunications carriers;
p) An explanation concerning the method of confirming the normal condition of telecommunications facilities at the demarcation point mentioned in sub-item o);
q) A document and test results for the connection conditions of terminal equipment or customer-owned and maintained telecommunications facilities (hereafter referred to as "terminal facilities, etc.") for voice transmission facilities;
r) The calculation results corresponding to the speech quality and an explanation concerning the calculations;
s) The design values corresponding to the interconnection quality and an explanation concerning the ground on which they are based;
t) A list of the principal testing equipment provided at the site of business where telecommunications facilities are installed, maintained and operated;
u) A list of the principal emergency equipment for recovery provided at the site of business where telecommunications facilities are installed, maintained and operated; and
v) Other materials needed to supplement the documents listed in sub-items a) through u)
ii) IP telephony facilities
a) Documents listed in the preceding item (except the documents listed in sub-items r) and v) of said item)
b) The standard values corresponding to the overall quality and an explanation concerning the measurement method;
c) An explanation corresponding to the measures to ensure stable quality;
d) Other materials needed to supplement the documents listed in sub-items a) through c)
iii) Analog telephone facilities (except telecommunications facilities stipulated in Article 41 paragraph (2) of the Law and analog telephone facilities stipulated in paragraph (1)) or mobile telephone facilities stipulated in Article 3 paragraph (2) item iv) of the Regulations for Telecommunications Facilities for Telecommunications Business
a) A document listed in item i) (except the documents listed in sub-items r) and v) of the same item);
b) Other materials needed to supplement the documents listed in sub-item a)
iv) Of all the telecommunications facilities in Article 41 paragraph (1) of the Law, the telecommunications facilities other than the telecommunications facilities for telecommunications business listed in the preceding three items
a) A document listed in item i) (except the documents listed in sub-items b), g), h), k), r), and v) of the same item);
b) An explanation of the automatic fire alarm and fire extinguishing equipment provided in the telecommunications equipment room where telecommunications facilities are installed
c) Other materials needed to supplement the documents listed in sub-items a) and b).
v) Telecommunications circuit facilities using the same line facilities as the line facilities of cable television broadcasting facilities (limited to wire telecommunications facilities stipulated in Article 2 paragraph (2) of the Wire Telecommunications Law (Law No. 96 of 1973) except line facilities leased from other telecommunications carriers; hereinafter the same shall apply.)
a) An explanation concerning the demarcation point between "telecommunications facilities for telecommunications service" and "cable television broadcasting facilities except line facilities";
b) An explanation of testing methods of confirming the normal condition of telecommunications facilities for telecommunications services at the demarcation point mentioned in sub-item a);
c) An explanation concerning the degree of demarcation between the point of interconnection to terminal facilities, etc. and the subscriber terminal for the cable television broadcasting facilities (referring to a "subscriber terminal" in Article 2 paragraph (5) of the Regulations for Enforcement of the Cable Television Broadcast Law (MPT Ordinance No. 40 of 1972); and
d) An explanation concerning measures taken to prevent content of communications from being decoded at the point of interconnection to receiving facilities of cable television broadcasting
vi) Telecommunications facilities stipulated in Article 41 paragraph (2) of the Law
a) Documents listed in item i) (except the documents listed in sub-items a), b), c), f), q), and v));
b) Facilities and connection block diagrams of switching, transmission line and ancillary facilities;
c) An explanation concerning the installation, etc. of backup facilities for switching, transmission line and ancillary facilities;
d) An explanation concerning the methods of detecting and reporting failures, etc. in switching, transmission line and ancillary facilities;
e) An explanation concerning the status of anti-seismic measures in switching, transmission line and ancillary facilities; and
f) Other materials to supplement the documents listed in sub-items a) through e)
(2) Any person who has submitted a notification in the preceding item shall, where any of the entries specified in the notification in the same item or documents in the same item has been changed (except the cases where there was a change as specified in Article paragraph (2) of the Law (including the cases where Article paragraph (2) of the Law shall apply, mutatis mutandis, in paragraph (4) of the same article)), submit without delay a notification of Form 20-3 to that effect to the Minister.
(Administrative Rules)
Article 28.
(1) Any telecommunications carrier who intends to submit notification in accordance with the provisions of Article 44 paragraph (1) of the Law shall submit the notification of Form 21 by attaching thereto a copy of Administrative Rules.
(2) Any telecommunications carrier who intends to submit notification in accordance with the provisions of Article 44 paragraph (2) of the Law shall submit the notification of Form 22.
Article 29.
The Administrative Rules stipulated in Article 44 paragraph (1) of the Law shall specify the matters listed in the following items:
i) Matters concerning the duties and organization of the persons who manage the activities for construction, maintenance, or operations of telecommunications facilities for telecommunications business;
ii) When a Chief Telecommunications Engineer (a person posted in accordance with the provisions of Article 3-2 paragraph (1) of the Regulations for Chief Telecommunications Engineer (MPT Ordinance of No. 27 of 1985) where a chief of telecommunications engineer is not appointed in accordance with the provisions of Article 45 paragraph (1) proviso of the Law) cannot conduct duties due to a disease, accident and other reasons, matters concerning substitute personnel who carries out duties for the chief;
iii) Matters concerning education to the persons engaged in construction, maintenance or operation of telecommunications facilities for telecommunications business;
iv) Matters concerning the patrol, inspection and testing in relation to construction, maintenance and operation of telecommunications facilities for telecommunications business;
v) Matters concerning operation of telecommunications facilities for telecommunications business;
vi) Matters concerning ensuring of confidentiality of communications in relation to construction, maintenance and operation of telecommunications facilities for telecommunications business;
vii) Matters concerning information security measures in relation to construction, maintenance and operation of telecommunications facilities for telecommunications business;
viii) Matters concerning reporting, recording and countermeasures to be taken in the event of an accident in relation to construction, maintenance and operation of telecommunications facilities for telecommunications business;
ix) Matters concerning measures to be taken in the cases of emergencies including a disaster; and
x) Other matters required for ensuring the steady and stable provision of telecommunications services in relation to construction, maintenance and operation of telecommunications facilities for telecommunications business
(Authorization of Technical Conditions)
Article 30.
Any person who intends to establish technical conditions subject to the authorization from the Minister, in accordance with the provisions of Article 52 paragraph (1) and Article 70 paragraph (1) item i) of the Law shall submit an application of Form 23, with the draft technical conditions attached thereto.
(Cases Where User's Request for Connection of Terminal Equipment Can Be Refused)
Article 31.
The cases specified in the applicable MIC ordinance under Article 52 paragraph (1) of the Law shall be the cases where a telecommunications carrier has received a request from a user for the connection of terminal equipment using radio waves (except those specified separately by the applicable MIC notice) and other terminal equipment, including pay telephones, of which connection by the user is extremely inappropriate.
(Application for Full Approval of Telecommunications Business)
Article 40-9.
(1) A person who intends to obtain full approval (hereinafter referred to as "full approval" in this article and in Article 40-11 paragraph (1)) of telecommunications business in accordance with the provisions of Article 117 paragraph (1) of the Law shall submit the documents specified in the following items according to the respective cases listed in said items:
i) With respect to service areas pertaining to the telecommunications business (including the service areas pertaining to the interconnection of telecommunications facilities with users (except telecommunications carriers) and service areas pertaining to the interconnection of telecommunications facilities to other telecommunications carrier. The same shall apply in the following item and in paragraph (1) items i) and ii) of the following article.), in the cases where the person has already submitted an application for registration in Article 9 of the Law, or had already obtained registration in said article, or submitted an application for registration of the change in Article 13 paragraph (1) of the Law, or had obtained registration for change in said article, or in the cases where the person has submitted a notification in Article 16 paragraph (1) or paragraph (3) of the Law; An application of Form 38-4
ii) With respect to service areas pertaining to the telecommunications business, in the cases where the person has submitted an application for registration of change in Article 13 paragraph (1) of the Law or has not submitted a notification in Article 16 of the Law; An application of Form 38-5 or a notification/application form
(2) A business plan in Article 117 paragraph (3) of the Law pertaining to the application for full approval shall be in accordance with Form 38-6.
(3) The documents in the applicable MIC ordinance in Article 117 paragraph (3) of the Law pertaining to the application for full approval shall be as follows:
i) An estimate of business revenue and expenditure in accordance with Form 38-7 for each business year to the day five years hence from the day of planned commencement of business
ii) A document describing the ground for the date of planned commencement of business
iii) The documents concerning the principal engineers listed in the following sub-items:
a) In the cases where the persons have been delivered a chief telecommunications engineer's license, a document stating each person's name and the type of qualification and license number of said license; and
b) In the cases where not falling under sub-item a), a curriculum vitae of each person
iv) The following documents where the applicant is an existing juridical person:
a) A list of officers and their curricula vitae; and
b) A balance sheet and a profit and loss settlement of the last business year
v) The following documents where the applicant is a person who intends to establish a juridical person:
a) A list of promoters, partners or founders, and their curricula vitae; and
b) Documents describing the stock subscriptions or the status of and prospects for investment
vi) The following documents where the applicant is an association other than juridical persons listed in the preceding item:
a) Curricula vitae of officers in the cases other than the cases where the applicant was registered in Article 9 of the Law or submitted an application for registration in the same article; and
b) Documents describing the status of assets of the association
vii) The following documents where the applicant is an individual:
a) A curriculum vitae in the cases other than the cases where the applicant was registered in Article 9 of the Law or submitted an application for registration in the same article; and
b) A statement of assets.
viii) Where the applicant is a local public entity, a copy of the assembly proceedings pertaining to engagement in a telecommunications business
ix) In the cases other than the cases where the applicant was registered in Article 9 of the Law or submitted an application for registration in the same article; a written covenant stating that the applicant does not fall under any item of item i) through item iii) of Article 118 of the Law
x) When permission or other disposition of the competent government authority is required concerning the installation of telecommunications facilities, a copy of said permit, etc. (a copy of the application in the cases where the application has been made for permission, etc.) or a document describing the status of said procedures
(Application for Partial Approval of Telecommunications Business)
Article 40-10.
(1) Any person who intends to obtain partial approval (hereinafter referred to as "partial approval" in this article and in paragraph (2) of the following article) of telecommunications business in accordance with the provisions of Article 117 paragraph (1) of the Law shall submit the documents specified in the following items according to the respective cases listed in said items:
i) With respect to service areas pertaining to the telecommunications business, in the cases where the person has already submitted an application for registration in Article 9 of the Law, or had already obtained registration in said article, or submitted an application for registration of the change in Article 13 paragraph (1) of the Law, or had obtained registration for change in said article, or in the cases where the person has submitted a notification in Article 16 paragraph (1) or paragraph (3) of the Law; An application of Form 38-8
ii) With respect to service areas pertaining to the telecommunications business, in the cases where the person has submitted an application for registration of change in Article 13 paragraph (1) of the Law or has not submitted a notification in Article 16 paragraph (3) of the Law; An application of Form 38-9 or a notification/application form
(2) A business plan in Article 117 paragraph (3) of the Law pertaining to the application for partial approval shall be in accordance with Form 38-10.
(3) The documents in the applicable MIC ordinance in Article 117 paragraph (3) of the Law pertaining to the application for partial approval shall be as follows:
i) An estimate of business revenue and expenditure in accordance with Form 38-11 for each business year to the day five years hence from the day of planned commencement of business
ii) The documents listed in items ii) through x) of paragraph (3) of the preceding article
iii) Documents, including figures illustrating the configuration of telecommunications facilities and interconnection with telecommunications facilities of other telecommunications carriers and users, which confirm that there are no communications between telecommunications facilities for the use of telecommunications business pertaining to the application for approval and telecommunications facilities for the use of telecommunications business not pertaining to the application for approval, when directly interconnecting those telecommunications facilities or interconnecting those telecommunications facilities via telecommunications facilities of other telecommunications carriers
(Extension of Designated Period for Commencement of Business)
Article 40-12.
Any application for extension of the designated period for commencement of business in accordance with the provisions of Article 120 paragraph (3) of the Law (including the cases where Article 120 paragraph (3) of the Law shall apply, mutatis mutandis, in Article 122 paragraph (4) of the Law) shall be made by submitting an application of Form 38-12.
(Notification of Commencement of Business)
Article 40-13.
Any person who intends to file a notification of commencement of business stipulated in Article 120 paragraph (4) of the Law (including the cases where Article 120 paragraph (4) of the Law shall apply, mutatis mutandis, in Article 122 paragraph (4) of the Law) shall submit a notification of Form 38-13.
Form 1
(related to Article 4 paragraph (1))
| Application for Registration of Telecommunications Business | ||||||||||
| H. E. The Minister for Internal Affairs and Communications; | Date | |||||||||
| Postal code (Kana phonetic transcription) Address (Kana phonetic transcription) Name (When written in own handwriting, the person may dispense with the need to affix the personal seal; in the cases of a juridical person, the legal name and name of the representative, when the representative writes this application in own handwriting, the need to affix the corporate seal may dispense with.) [Seal] Point of contact (Enter telephone numbers, etc. to be reached; where there are divisions, etc. in charge, enter names, etc. of said divisions, etc.) | ||||||||||
| Wishing to obtain registration for telecommunications business, I hereby apply as follows in accordance with the provisions of Article 9 of the Telecommunications Business Law. | ||||||||||
| 1. Service area | Notes: 1. Matters in (1) shall be entered. 2. Where obtaining approval in Article 117 paragraph (1) of the Law, in addition to (1), matters in (2) and (3) shall be entered. 3. Where providing specified mobile communications services, in addition to (1), matters of (2) pertaining to specified mobile communications services (however, where those matters become the same as those matters in (2) entered in accordance with Note 2, there is no need to enter them.) shall be entered. 4. Where providing universal telecommunications services or specified telecommunications services, and specifying particular service areas for those telecommunications services, in addition to (1), matters on said telecommunications services in (2) and (3) (however, where those matters become the same as those matters in (2) and (3) entered in accordance with Note 2, there is no need to enter them.) shall be entered. | |||||||||
| (1) Area available for providing services | Notes: 1. Areas (so-called "service areas") where users are enabled to receive telecommunications services under a condition of generally accepted usage shall be entered. 2. Names of prefectures as a unit shall be entered. Where service areas cover the entire country, "the entire country" shall be entered. 3. In addition, where providing international telecommunications services (limited to the cases of providing telecommunications facilities for the use of communications of others in communicating between Japan and foreign points), names of destination countries or names of economies as quasi-countries shall be entered. | |||||||||
| (2) Service area pertaining to connection of telecommunications facilities with users (except telecommunications carriers) | Note: In the cases where the service area covers one part of a city, town or village, the section name, etc. shall be entered; in the cases where the service area covers an entire prefecture, city, town or village, the name of said prefecture, city, town or village shall be entered; in the cases where the service area covers the entire country, "the entire country" shall be entered. | |||||||||
| (3) Service area pertaining to interconnection of telecommunications facilities with other telecommunications carriers Name of telecommunications carriers Point of interconnection | Notes: 1. One name of one telecommunications carrier per line shall be entered. 2. Where the service area covers the entire country in (2), there is no need to enter matters in (3). Where the service area covers an entire prefecture in (2), there is no need to enter matters in (3). | |||||||||
| 2. Outline of telecommunications facilities
| ||||||||||
| (2) Matters pertaining to trunk system transmission line facilities
| Notes: 1. The definitions of "terminal system transmission line facilities" and "trunk system transmission line facilities" shall be as specified in Article 3 paragraph (1) items i) and ii). 2. The area of installation of terminal system transmission line facilities shall be entered in a unit of a prefecture, city, town or village (in the cases of a special ward, or ward in a designated city under Article 252-19 paragraph (1) of the Local Autonomy Law; said ward). In the cases where the area of installation covers an entire prefecture, city, town or village, the name of said prefecture, city, town or village shall be entered. In the cases where the area of installation covers the entire country, the entire country shall be entered. 3. The area of installation of terminal system transmission line facilities using an artificial satellite station, the name of the satellite station shall be entered in addition to the area, for instance, "the entire country (Satellite [NAME])." 4. The segment of installation of trunk system transmission line facilities shall be entered as the locations of the originating and terminating points (in the cases of international circuits, names of foreign countries and names of states or cities shall be entered in the column of "Terminating point"; in the cases of trunk system transmission line facilities using an artificial satellite station, the name of the satellite shall be entered in the column of "Terminating point."). 5. With respect to the type of transmission line facilities, in the cases where said facilities are wire telecommunications facilities, the type, such as "balanced pair cable," "coaxial cable" or "optical fiber cable," etc., shall be entered; and in the case of wireless facilities, the frequency band scheduled to be used shall be entered. 6. Where obtaining approval under Article 117 paragraph (1) of the Law (limited to the cases where obtaining partial approval of telecommunications business), matters shall be entered in accordance with the Note of Form 38-8-2 (2), and matters of 2 (2) of the same form shall also be entered. | |||||||||
| 3. Planned date of commencement of business | Note: Where planned dates of commencement of business are different by service area, those dates shall be entered by said service area. Note: The application form shall be JIS A4-sized paper | |||||||||
Form 2
(related to Article 4 paragraph (2), Article 10 paragraph (4), Article 11 paragraph (5) item vii), Article 40-9 paragraph (3) item ix), Article 40-18 paragraph (1) item iv), Article 40-18 paragraph (2) item vi) and Article 40-18 paragraph (3) item x))
| Oath | ||
| H. E. The Minister for Internal Affairs and Communications; | Date | |
| Postal code (Kana phonetic transcription) Address (Kana phonetic transcription) Name (When written in own handwriting, the person may dispense with the need to affix the personal seal; in the cases of a juridical person, the legal name and name of the representative, when the representative writes this application in own handwriting, the need to affix the corporate seal may dispense with.) [Seal] Point of contact (Enter telephone numbers, etc. to be reached; where there are divisions, etc. in charge, enter names, etc. of said divisions, etc.) | ||
| I hereby swear that the applicant (the reporting telecommunications carrier) (the successor of telecommunications business) for registration (approval) (authorization) (the legal name of juridical person) does not fall under any of the provisions of Article 12 paragraph (1) items i), ii) and iii) (and) (Article 118 paragraph (1) items i), ii) and iii)). | ||
| Note: The application form shall be JIS A4-sized paper. | ||
Form 3
(related to Article 4 paragraph (3) item i), Article 5 paragraphs (1) and (2), Article 8 paragraphs (1) and (2), Article 9 paragraph (1) item i), Article 9 paragraphs (3) and (4), Article 11 paragraph (5) item ii), Article 12 paragraphs (4) and (5), Article 60-2 item i))
| Network configuration | ||
| | Notes: 1. The outline of network configuration shall be described for illustrating the communications flow from users to other users or networks of other telecommunications carriers on an easy-to-understand manner by indicating telecommunications circuits which connects switching centers, concentration centers and others. 2. Where there are points of interconnection with other telecommunications carriers, segments (routes) consisting of networks by receiving telecommunications services from other telecommunications carriers, procured facilities, etc. from other persons through the indefeasible right of user (IRU), the outline of those configuration shall be illustrated on an easy-to-understand manner and the names of said other persons and telecommunications carriers shall be also entered. 3. Where there are many switching centers, concentration centers, etc., there is no need to enter all of them. However, the total number by prefecture shall be entered. 4. When the network configuration cannot be illustrated on one page, the network configuration shall be illustrated on two or more pages by adequate classification, such as network layers, areas and others, so as to grasp the entire configuration. 5. Other referable matters including names of networks shall be entered. 6. The application form shall be JIS A4-sized paper. |
Form 4
(related to Article 4 paragraph (3) item ii), Article 9 paragraph (1) item ii), Article 10 paragraph (2), Article 60-2 item ii))
Types of telecommunications services to be provided
| Types of telecommunications services | Telecommunications services to be provided | |
| 1 Subscriber telephone | ||
| 2 ISDN service (except long-distance telephone (or that of inter-exchange carriers) or pay telephone and international ISDN service) | ||
| 3 Long-distance telephone (except international telephone, etc.) | ||
| 4 International telephone, etc. | International telephone | |
| International ISDN service | ||
| 5 Pay telephone | ||
| 6 Mobile telephone | ||
| 7 PHS | ||
| 8 IP telephony | Ones using telecommunications numbers stipulated in Article 9 item i) or Article 10 item ii) for providing said IP telephony service | |
| Ones other than those using telecommunications numbers stipulated in Article 9 item i) or Article 10 item ii) for providing said IP telephony service | ||
| 9 Internet access service (except ones being Internet access service through the use of mobile telephone/PHS terminals) | ||
| 10 FTTH access service facilities including VDSL facilities in condominium, etc. | Ones other than those using telecommunications facilities including VDSL facilities in condominium, etc. | |
| Ones using telecommunications | ||
| 11 DSL access service | ||
| 12 FWA access service | ||
| 13 Cable TV access service | ||
| 14 Internet access service through the use of mobile telephone/PHS terminals | ||
| 15 Mobile telephone/PHS packet communications access service | ||
| 16 Frame relay service | ||
| 17 ATM switching service | ||
| 18 Public wireless LAN access service | ||
| 19 IP-VPN service | ||
| 20 Wide-area Ethernet service | ||
| 21 Leased circuit service | Ones being domestic telecommunications service | |
| Ones being international telecommunications service | ||
| 22 Value-added services using telecommunications services listed in the preceding 1 through 21 | ||
| 23 Internet-related services (except IP telephony) | ||
| 24 Telegram | Cases where carrying out operations of acceptance and delivery | |
| Cases where not carrying out operations of acceptance and delivery | ||
| 25 Telecommunications services other than telecommunications services listed in the preceding 1 through 24 | ||
Notes: 1. With respect to types of telecommunications services, the right column(s) shall be checked (V). However, where providing only a simple resale service, the word "Simple resale" shall be entered in the right column, and for the case of only a wholesale telecommunications service, the word "Wholesale" shall be entered.
2. Where providing only "Internet-related services (except IP telephony)," only "Telecommunications services other than telecommunications services listed in the preceding 1 through 24" or only these two services, concrete service names, including "Electronic mail service," "Hosting service" and "IX service," shall be entered for reference.
3. A "frame-relay service" refers to a data transmission service that transmits and exchanges packets through a frame-relay system. An "ATM switching service" refers to a data transmission service that transmits and exchanges packets through an ATM system.
4. In addition to those defined in Note 3, definitions of types of telecommunications services shall be defined in Article 1 paragraph (2) of the Rules for Reporting on Telecommunications Business (MPT Ordinance No. 46 of 1988).
5. With respect to the telegram business, it shall be noted that the provisions of Article 5 of the Supplementary Provisions and the provisions of the Telecommunications Business Law before amendment by the "Law to Amend the Telecommunications Business Law and the Law Concerning Nippon Telegraph and Telephone Corporation, Etc." (Law No. 125 of 2003).
6. The application form shall be JIS A4-sized paper.
Form 8
(related to Article 9 paragraph (1), Article 60-2)
| Notification of Telecommunications Business | ||||||||||
| H. E. The Minister for Internal Affairs and Communications; | Date | |||||||||
| Postal code (Kana phonetic transcription) Address (Kana phonetic transcription) Name (When written in own handwriting, the person may dispense with the need to affix the personal seal; in the cases of a juridical person, the legal name and name of the representative, when the representative writes this application in own handwriting, the need to affix the corporate seal may dispense with.) [Seal] Point of contact (Enter telephone numbers, etc. to be reached; where there are divisions, etc. in charge, enter names, etc. of said divisions, etc.) | ||||||||||
| In starting a telecommunications business, I hereby notify as follows in accordance with the provisions of Article 16 paragraph (1) (Article 165 paragraph (1)) of the Telecommunications Business Law. | ||||||||||
| 1. Service area | Notes: 1. Matters in (1) shall be entered. 2. Where obtaining approval in Article 117 paragraph (1) of the Law, in addition to (1), matters in (2) and (3) shall be entered. 3. Where providing specified mobile communications services, in addition to (1), matters of (2) pertaining to specified mobile communications services (however, where those matters become the same as those matters in (2) entered in accordance with Note 2, there is no need to enter them.) shall be entered. 4. Where providing universal telecommunications services or specified telecommunications services, and specifying particular service areas for those telecommunications services, in addition to (1), matters on said telecommunications services in (2) and (3) (however, where those matters become the same as those matters in (2) and (3) entered in accordance with Note 2, there is no need to enter them.) shall be entered. | |||||||||
| (1) Area available for providing services | Notes: 1. Areas (so-called "service areas") where users are enabled to receive telecommunications services under a condition of generally accepted usage shall be entered. 2. Names of prefectures as a unit shall be entered. Where service areas cover the entire country, please enter "the entire country." 3. In addition, where providing international telecommunications services (limited to the cases of providing telecommunications facilities for communications between Japan and foreign points for the use of communications of others), names of destination countries or names of economies as quasi-countries shall be entered. | |||||||||
| (2) Service area pertaining to connection of telecommunications facilities with users (except telecommunications carriers) | Note: In the cases where the service area covers one part of a city, town or village, the section name, etc. shall be entered; in the cases where the service area covers an entire prefecture, city, town or village, the name of said prefecture, city, town or village shall be entered; in the cases where the service area covers the entire country, "the entire country" shall be entered. | |||||||||
| (3) Service area pertaining to interconnection of telecommunications facilities with other telecommunications carrier
| Notes: 1. One name of one telecommunications carrier per line shall be entered. 2. Where the service area covers the entire country in (2), there is no need to enter matters in (3). Where the service area covers an entire prefecture in (2), there is no need to enter matters in (3). | |||||||||
| 2. Outline of telecommunications facilities (limited to cases of installing telecommunications facilities for telecommunications business | ||||||||||
| (1) Matters pertaining to terminal system transmission line facilities in Article 44 paragraph (1))
| ||||||||||
| (2) Matters pertaining to trunk system transmission line facilities
| Notes: 1. The definitions of "terminal system transmission line facilities" and "trunk system transmission line facilities" shall be as specified in Article 3 paragraph (1) items i) and ii). | |||||||||
| 3. Planned date of commencement of business | ||||||||||
Note: Where planned dates of commencement of business are different by service area, those dates shall be entered by said service area.
Note: The application form shall be JIS A4-sized paper.
Form 20
(related to Article 26)
| Application for Authorization of Conclusion (Amendment or Discontinuation) of Business Agreement, Etc. | ||||||||||||||
| H. E. The Minister for Internal Affairs and Communications; | Date | |||||||||||||
| Postal code (Kana phonetic transcription) Address (Kana phonetic transcription) Name (When written in own handwriting, the person may dispense with the need to affix the personal seal; in the cases of a juridical person, the legal name and name of the representative, when the representative writes this application in own handwriting, the need to affix the corporate seal may dispense with.) [Seal] Date of registration or notification and registration or notification number Point of contact (Enter telephone numbers, etc. to be reached; where there are divisions, etc. in charge, enter names, etc. of said divisions, etc.) | ||||||||||||||
| ||||||||||||||
| ||||||||||||||
| Notes: 1. In the right column of "Type of telecommunications services," either "Telephone" or "ISDN service" shall be entered. 2. The application form shall be JIS A4-sized paper. | ||||||||||||||
Form 20-2
(related to Article 27-5 paragraph (1))
| Notification of Self-Confirmation of Compliance of Telecommunications Facilities | ||||
| H. E. The Minister for Internal Affairs and Communications; | Date | |||
| Postal code (Kana phonetic transcription) Address (Kana phonetic transcription) Name (When written in own handwriting, the person may dispense with the need to affix the personal seal; in the cases of a juridical person, the legal name and name of the representative, when the representative writes this application in own handwriting, the need to affix the corporate seal may dispense with.) [Seal] Date of registration or notification and registration or notification number Point of contact (Enter telephone numbers, etc. to be reached; where there are divisions, etc. in charge, enter names, etc. of said divisions, etc.) | ||||
| Since I have confirmed that in accordance with the provisions of Article 42 paragraph (1) (or paragraph (2)) of the Telecommunications Business Law (Article 42 paragraph (1) (or paragraph (2)) of the Law applied, mutatis mutandis, in Article 42 paragraph (4) of the Law), telecommunications facilities for telecommunications business are in compliance with the technical conditions specified in the applicable MIC ordinance under Article 41 paragraph (1) (paragraph (2)) of the Law, I hereby notify to that effect as follows in accordance with Article 42 paragraph (3) of the Law. | ||||
| The telecommunications facilities for telecommunications business for which Self-Confirmation of Compliance of Telecommunications Facilities have been made | ||||
| | ||||
| Notes: 1. Referring to types of telecommunications services specified in Form 4, specific types of telecommunications facilities shall be entered, such as "Telecommunications facilities for the use of telecommunications business providing [NAME of service], etc. 2. The application form shall be JIS A4-sized paper. | ||||
Form 21
(related to Article 28 paragraph (1))
| Notification of Administrative Rules | |
| H. E. The Minister for Internal Affairs and Communications; | Date |
| Postal code (Kana phonetic transcription) Address (Kana phonetic transcription) Name (When written in own handwriting, the person may dispense with the need to affix the personal seal; in the cases of a juridical person, the legal name and name of the representative, when the representative writes this application in own handwriting, the need to affix the corporate seal may dispense with.) [Seal] Date of registration or notification and registration or notification number Point of contact (Enter telephone numbers, etc. to be reached; where there are divisions, etc. in charge, enter names, etc. of said divisions, etc.) | |
| In accordance with the provisions of Article 44 paragraph (1) of the Telecommunications Business Law, since I have established the Administrative Rules, I hereby notify to that effect as per the paper attached hereto. | |
| Note: The application form shall be JIS A4-sized paper. | |
Form 23
(related to Article 30)
| Application for Authorization of Establishment (Change) of Technical Requirements | |||||
| H. E. The Minister for Internal Affairs and Communications; | Date | ||||
| Postal code (Kana phonetic transcription) Address (Kana phonetic transcription) Name (When written in own handwriting, the person may dispense with the need to affix the personal seal; in the cases of a juridical person, the legal name and name of the representative, when the representative writes this application in own handwriting, the need to affix the corporate seal may dispense with.) [Seal] Date of registration or notification and registration or notification number Point of contact (Enter telephone numbers, etc. to be reached; where there are divisions, etc. in charge, enter names, etc. of said divisions, etc.) | |||||
| In accordance with the provisions of Article 52 paragraph (1) of the Telecommunications Business Law (Article 70 paragraph (1) item i)), I hereby apply for authorization of establishment (change) of technical requirements as per the draft technical requirements attached hereto (as follows). | |||||
| |||||
| Notes: 1. Where "other telecommunications carriers" stipulated in Article 30-2 paragraph (1) or (2) submits this application, a document certifying that said "other telecommunications carriers" have obtained an agreement shall be attached hereto. 2. Other documents for reference to technical requirements shall be attached hereto. 3. The application form shall be JIS A4-sized paper. | |||||
Form 38-4
(related to Article 40-9 paragraph (1) item i))
| Application for Approval of All of Telecommunications Business | ||
| H. E. The Minister for Internal Affairs and Communications; | Date | |
| Postal code (Kana phonetic transcription) Address (Kana phonetic transcription) Name (When written in own handwriting, the person may dispense with the need to affix the personal seal; in the cases of a juridical person, the legal name and name of the representative, when the representative writes this application in own handwriting, the need to affix the corporate seal may dispense with.) [Seal] Date of registration or notification and registration or notification number Point of contact (Enter telephone numbers, etc. to be reached; where there are divisions, etc. in charge, enter names, etc. of said divisions, etc.) | ||
| In accordance with Article 117 paragraph (1) of the Telecommunications Business Law, wishing to obtain approval for all of telecommunications business, I hereby apply as follows. | ||
| 1. Service area | Note: Entries shall be, for instance, "The same as service areas pertaining to (Application for) Registration of Article 9 of the Law (and (Application for) Registration of Change of Article 13 of the Law)," "The same as service areas pertaining to Notification of Article 16 paragraph (1) of the Law (and paragraph (3) of the same article of the Law),"etc. | |
| 2. Outline of telecommunications facilities | Note: Entries shall be, for instance, "The same as the outline of telecommunications facilities pertaining to (Application for) Registration of Article 9 of the Law (and (Application for) Registration of Change of Article 13 of the Law)," "The same as the outline of telecommunications facilities pertaining to Notification of Article 16 paragraph (1) of the Law (and paragraph (3) of the same article of the Law),"etc. | |
| Note: The application form shall be JIS A4-sized paper. | ||
Form 38-5
(related to Article 40-9 paragraph (1) item ii))
| Notification for Registration of Change of Telecommunications Business and Application for All of Telecommunications Business | ||||||
| H. E. The Minister for Internal Affairs and Communications; | Date | |||||
| Postal code (Kana phonetic transcription) Address (Kana phonetic transcription) Name (When written in own handwriting, the person may dispense with the need to affix the personal seal; in the cases of a juridical person, the legal name and name of the representative, when the representative writes this application in own handwriting, the need to affix the corporate seal may dispense with.) [Seal] Date of registration or notification and registration or notification number Point of contact (Enter telephone numbers, etc. to be reached; where there are divisions, etc. in charge, enter names, etc. of said divisions, etc.) | ||||||
| In accordance with the provisions of Article 13 paragraph (1) of the Telecommunications Business Law, wishing to obtain registration of change of matters in Article 10 paragraph (1) item ii) of the Law (In accordance with the provisions of Article 16 paragraph (3) of the Telecommunications Business Law, wishing to change matters in Article 10 paragraph (1) item ii) of the Law, I hereby notify as follows), and in accordance with the provisions of Article 117 paragraph (1) of the Law, wishing to obtain approval for all of telecommunications business, I hereby apply as follows. | ||||||
| 1. Service area | ||||||
| (1) Area available for providing services | Note: Entries shall be, for instance, "The same as the area available for providing services pertaining to (Application for) Registration of Article 9 of the Law (and (Application for) Registration of Change of Article 13 of the same article of the Law)," "The same as the area available for providing services pertaining to Notification of Article 16 paragraph (1) of the Law (and paragraph (3) of the same article of the Law),"etc. | |||||
| (2) Service area pertaining to connection of telecommunications facilities with users (except telecommunications carriers) | Note: Entries shall follow the Note for 1 (2) of Form 1. | |||||
| (3) Service area pertaining to interconnection of telecommunications facilities with other telecommunications carriers
| Note: Entries shall follow the Note for 1 (3) of Form 1. | |||||
| 2. Outline of telecommunications facilities | Note: Entries shall be, for instance, "The same as the outline of telecommunications facilities pertaining to (Application for) Registration of Article 9 of the Law (and (Application for) Registration of Change of Article 13 of the Law)," etc. | |||||
| Note: The application form shall be JIS A4-sized paper. | ||||||
Form 38-6
(related to Article 40-9 paragraph (2))
| Business Plan for Approved Telecommunications Business | |
| 1. Planned date of commencement of approved telecommunications business | Notes: 1. When commencing a telecommunications business anew, entries shall be, for instance, "The same as the planned date of commencement of telecommunications business pertaining to the application for registration of Article 9 of the Law (Registration of Article 16 of the Law)," etc. 2. When intending to obtain approval for an already commenced telecommunications business, entries shall be, for instance, "Already commeForm 1 (related to Article 4 paragraph (1)) |
| 2. Amounts of facilities funds and working capital necessary for commencement (operations) of approved telecommunications business, and method of procurement thereof and plan for repayment thereof |
Form 38-7
(related to Article 40-9 paragraph (3) item i), Article 40-14 paragraph (1) item i) sub-item a) (ii), Article 40-18 paragraph (2) item iii) and paragraph (3) item iv))
Estimate of Business Revenue and ExpenditureItem
| Item | Beginning date - ending date | Remarks | |
| Revenues | Telecommunications service revenues | 1,000 yen | |
| (Type of) revenue | |||
| Other revenues | |||
| Total | |||
| Expenditure | Telecommunications business expenditure
Expense Rents Repairs Others Depreciation Usage fees for telecommunications facilities Taxes and public charges Others | ||
| (Type of) business expenditure | |||
| Other expenditures | |||
| Corporate income tax, resident's tax and business tax | |||
| Total | |||
| Net profit | |||
Notes: 1. With respect to businesses other than the telecommunications business, "(Type of) operating revenues and (type of) operating expenditures," etc. shall be entered.
2. As for the column of "Remarks," a basis for calculation and other referable matters shall be entered.
Form 38-8
(related to Article 40-10 paragraph (1) item i), Article 40-14 paragraph (1) item ii) d))
| Application for Approval of Part of Telecommunications Business | |||||||||||||
| H. E. The Minister for Internal Affairs and Communications; | Date | ||||||||||||
Postal code | |||||||||||||
| In accordance with the provisions of Article 117 paragraph (1) of the Telecommunications Business Law, wishing to obtain approval for part of telecommunications business, I hereby apply as follows. | Note: With respect to the following matters, a comparative table, etc. shall be submitted for expressly indicating the differences between matters pertaining to the application for approval and other matters. | ||||||||||||
| 1. Service area | |||||||||||||
| (1) Area available for providing services | Note: Entries shall follow the Note of 1 (1) of Form 1. | ||||||||||||
| (2) Service area pertaining to connection of telecommunications facilities with users (except telecommunications carriers) | Note: Entries shall follow the Note of 1 (2) of Form 1. | ||||||||||||
| (3) Service area pertaining to interconnection of telecommunications facilities with other telecommunications carriersName of telecommunications carriers Point of interconnection | Note: Entries shall follow the Note of 1 (3) of Form 1. | ||||||||||||
| 2. Outline of telecommunications facilities | |||||||||||||
| (1) Matters pertaining to terminal system transmission line facilities
| |||||||||||||
| (2) Matters pertaining to trunk system transmission line facilities
| Notes: 1. The definitions of "terminal system transmission line facilities" and "trunk system transmission line facilities" shall be as specified in Article 3 paragraph (1) items i) and ii). 2. The area of installation of terminal system transmission line facilities shall be entered in a unit of a prefecture, city, town or village (in the cases of a special ward, or ward in a designated city under Article 252-19 paragraph (1) of the Local Autonomy Law; said ward; the same shall apply in 4.). In the cases where the area of installation covers an entire prefecture, city, town or village, the name of said prefecture, city, town or village shall be entered. Where the area of installation covers the entire country, "the entire country" shall be entered. 3. The area of installation of terminal system transmission line facilities using an artificial satellite station, the name of the satellite station shall be entered in addition to the area, for instance, "the entire country (Satellite [NAME])." 4. Where installing the same type of terminal system transmission line facilities within the same prefecture, city, town or village for both the business pertaining to the application for approval and other telecommunications businesses, entries shall be distinguishable. 5. The segment of installation of trunk system transmission line facilities shall be entered as the locations of the originating and terminating points (names of prefectures, cities, towns or villages and names of working places; in the cases of international circuits, names of foreign countries and names of states or cities shall be entered in the column of "Terminating point"; in the cases of trunk system transmission line facilities using an artificial satellite station, the name of the satellite shall be entered in the column of "Terminating point."); and in the cases of domestic wire telecommunications facilities, names of all prefectures, cities, towns, villages, sections, etc. on the route from the originating point to the terminating point shall be entered. 6. With respect to the type of transmission line facilities, in the cases where said facilities are wire telecommunications facilities, the type, such as "balanced pair cable," "coaxial cable" or "optical fiber cable," etc., shall be entered; and in the case of wireless facilities, the frequency band scheduled to be used shall be entered. | ||||||||||||
| (3) Location of installed switching facilities | Note: By location of installed switching facilities, names of all prefectures, cities, towns and villages and names of working places shall be entered. | ||||||||||||
| Note: The application form shall be JIS A4-sized paper. | |||||||||||||
Form 38-9
(related to Article 40-10 paragraph (1) item ii))
| Application for Registration of Change of Telecommunications Business (Notification for Change) and Application for Approval of Part of Telecommunications Business | |||||||||||||
| H. E. The Minister for Internal Affairs and Communications; | Date | ||||||||||||
Postal code
| |||||||||||||
| In accordance with the provisions of Article 13 paragraph (1) of the Telecommunications Business Law, wishing to obtain registration of change of matters in Article 10 paragraph (1) item ii) of the Law (In accordance with the provisions of Article 16 paragraph (3) of the Telecommunications Business Law, wishing to change matters in paragraph (1) item ii) of the same article of the Law, I hereby notify as follows), and in accordance with the provisions of Article 117 paragraph (1) of the Law, wishing to obtain approval for part of telecommunications business, I hereby apply as follows. | Note: With respect to the following matters, a comparative table, etc. shall be submitted for expressly indicating the differences between matters pertaining to the application for approval and other matters. | ||||||||||||
| 1. Service area | |||||||||||||
| (1) Area available for providing services | Note: Entries shall follow the Note of 1 (1) of Form 1. | ||||||||||||
| (2) Service area pertaining to connection of telecommunications facilities | Note: Entries shall follow the Note of 1 (2) of Form 1. | ||||||||||||
| (3) Service area pertaining to interconnection of telecommunications facilities with other telecommunications carriers
| Note: Entries shall follow the Note of 1 (3) of Form 1. | ||||||||||||
| 2. Outline of telecommunications facilities | |||||||||||||
| (1) Matters pertaining to terminal system transmission line facilities
| |||||||||||||
| (2) Matters pertaining to trunk system transmission line facilities
| Notes: 1. The definitions of "terminal system transmission line facilities" and "trunk system transmission line facilities" shall be as specified in Article 3 paragraph (1) items i) and ii). 2. The area of installation of terminal system transmission line facilities shall be entered in a unit of a prefecture, city, town or village (in the cases of a special ward, or ward in a designated city under Article 252-19 paragraph (1) of the Local Autonomy Law; said ward; the same shall apply in 4.). In the cases where the area of installation covers an entire prefecture, city, town or village, the name of said prefecture, city, town or village shall be entered. In the cases where the area of installation covers the entire country, the entire country shall be entered. 3. The area of installation of terminal system transmission line facilities using an artificial satellite station, the name of the satellite station shall be entered in addition to the area, for instance, "the entire country (Satellite [NAME])." 4. Where installing the same type of terminal system transmission line facilities within the same prefecture, city, town or village for both the business pertaining to the application for approval and other telecommunications businesses, entries shall be distinguishable. 5. The segment of installation of trunk system transmission line facilities shall be entered as the locations of the originating and terminating points (names of prefectures, cities, towns or villages and names of working places; in the cases of international circuits, names of foreign countries and names of states or cities shall be entered in the column of "Terminating point"; in the cases of trunk system transmission line facilities using an artificial satellite station, the name of the satellite shall be entered in the column of "Terminating point."); and in the cases of domestic wire telecommunications facilities, names of all prefectures, cities, towns, villages, sections, etc. on the route from the originating point to the terminating point shall be entered. 6. With respect to the type of transmission line facilities, in the cases where said facilities are wire telecommunications facilities, the type, such as "balanced pair cable," "coaxial cable" or "optical fiber cable," etc., shall be entered; and in the case of wireless facilities, the frequency band scheduled to be used shall be entered. | ||||||||||||
| (3) Location of installed switching facilities | Note: By location of installed switching facilities, names of all prefectures, cities, towns and villages and names of working places shall be entered. | ||||||||||||
Note: The application form shall be JIS A4-sized paper.
Form 38-10
(related to Article 40-10 paragraph (2))
| Business Plan for Approved Telecommunications Business | |
| 1. Planned date of commencement of approved telecommunications business | Notes: 1. When intending to commence a telecommunications business anew, and where dates of commencement of approved telecommunications are different from each other by service area, entries shall be made by said service area. 2. When intending to obtain approval for an already commenced telecommunications business, entries shall be, for instance, "Already commenced," etc. |
| 2. Amounts of facilities funds and working capital necessary for commencement (operations) of approved telecommunications business, and method of procurement thereof and plan for repayment thereof |
Form 38-11
(related to Article 40-10 paragraph (3) item i), Article 40-14 paragraph (1) item ii) sub-item a) (ii), Article 40-18 paragraph (2) item iv) and ) paragraph (3) item v)
| Estimate of Business Revenues and Expenditures | |||||||||||||||||||||
| Item | Beginning date - ending date | Remarks | |||||||||||||||||||
| Revenues | Revenues for telecommunications business | 1,000 yen | |||||||||||||||||||
| Revenues for approved telecommunications business | |||||||||||||||||||||
| Revenues for non-approved telecommunications business | |||||||||||||||||||||
| (Type of) revenue | |||||||||||||||||||||
| Other revenues | |||||||||||||||||||||
| Total | |||||||||||||||||||||
| Expenditures | Expenditures for telecommunications business | ||||||||||||||||||||
| Expenditures for approved telecommunications business | |||||||||||||||||||||
| |||||||||||||||||||||
| Expenditures for non-approved telecommunications business | |||||||||||||||||||||
| |||||||||||||||||||||
| (Type of) business expenditure | |||||||||||||||||||||
| Other expenditures | |||||||||||||||||||||
| Corporate income tax, resident's tax and business tax | |||||||||||||||||||||
| Total | |||||||||||||||||||||
| Net profit | |||||||||||||||||||||
Notes: 1. With respect to businesses other than the telecommunications business, "(Type of) operating revenues and (type of) operating expenditures," etc. shall be entered.
2. With respect to businesses other than the telecommunications business, "(Type of) operating revenues and (type of) operating expenditures," etc. shall be entered.
3. As for the column of "Remarks," a basis for calculation and other referable matters shall be entered.
Form 38-12
(related to Article 40-12)
| Application for Extension of Designated Period for Commencement of Approved Telecommunications Business | |||||||||
| H. E. The Minister for Internal Affairs and Communications; | Date | ||||||||
| Postal code (Kana phonetic transcription) Address (Kana phonetic transcription) Name (When written in own handwriting, the person may dispense with the need to affix the personal seal; in the cases of a juridical person, the legal name and name of the representative, when the representative writes this application in own handwriting, the need to affix the corporate seal may dispense with.) [Seal] Date of registration or notification and registration or notification number Point of contact (Enter telephone numbers, etc. to be reached; where there are divisions, etc. in charge, enter names, etc. of said divisions, etc.) | |||||||||
| In accordance with the provision of Article 120 paragraph (3) of the Telecommunications Business Law (Article 120 paragraph (3) of the Law applied, mutatis mutandis, in Article 122 paragraph (4) of the Law), wishing to extend the designated period for commencement, I hereby apply.
| |||||||||
| Note: The application form shall be JIS A4-sized paper. | |||||||||
Form 38-13
(related to Article 40-13)
| Notification for Commencement of Approved Telecommunications Business | ||||||
| H. E. The Minister for Internal Affairs and Communications; | Date | |||||
| Postal code (Kana phonetic transcription) Address (Kana phonetic transcription) Name (When written in own handwriting, the person may dispense with the need to affix the personal seal; in the cases of a juridical person, the legal name and name of the representative, when the representative writes this application in own handwriting, the need to affix the corporate seal may dispense with.) [Seal] Date of registration or notification and registration or notification number Point of contact (Enter telephone numbers, etc. to be reached; where there are divisions, etc. in charge, enter names, etc. of said divisions, etc.) | ||||||
| Having commenced the approved telecommunications business as follows, in accordance with the provisions of Article 120 paragraph (4) of the Telecommunications Business Law (Article 120 paragraph (4) of the Law applied, mutatis mutandis, in Article 122 paragraph (4) of the Law), I hereby notify.
| ||||||
Notes: 1. In accordance with the provisions of Article 120 paragraph (2) of the Telecommunications Business Law (Article 120 paragraph (2) of the Law applied, mutatis mutandis, in Article 122 paragraph (4) of the Law), service areas shall be entered only when periods have designated separately.
2. The application form shall be JIS A4-sized paper.
(Purpose)
Article 1.
The purpose of this Instruction is to specify examination standards pertaining to registration, approval, authorization, designation, etc. under the provisions of the Telecommunications Business Law.
(Definition)
Article 2.
In this Instruction, the meaning of the terms listed in the following items shall be as defined in each of said items.
i) The term "Law" means the Telecommunications Business Law (Law No. 86 of 1984).
ii) The term "Enforcement Regulations" means the Regulations for Enforcement of the Telecommunications Business Law (MPT Ordinance No. 25 of 1985). Regulations
iii) The term "Chief Telecommunications Engineer Regulations" means the Regulations for Chief Telecommunications Engineer (MPT Ordinance No. 27 of 1985)
iv) The term "Telecommunications Numbers Regulations" means the Regulations for Telecommunications Numbers (MPT Ordinance No. 82 of 1997)
(Intention)
Article 3.
Upon registration of a telecommunications business in accordance with the provisions of Article 9 of the Law, the registration shall be made as specified in this Chapter.
(Basic Policy for Registration)
Article 4.
In examination upon application for registration, this process will be carried out with the basic view that the examination shall contribute to the sound development of telecommunications for further promoting fair competition in the telecommunications market, etc.
(Examination Standards)
Article 5.
Registration shall be granted, with respect to the matters described in the application of Article 10 Paragraph (1) of the Law and in the attached documents of paragraph (2) of the same article, where it is deemed that the application conforms to each of the following items:
i) In the cases where the applicant falls under any of the following sub-items or other cases, the commencement of the business has no risk of hindering fair competition in the telecommunications market.
a) A person who possesses virtually indispensable facilities, including utility poles, for other telecommunications carriers to deploy businesses
b) A person having a monopolistic status in (an)other field(s)
ii) In addition to the conditions listed in the preceding items, in light of the purpose of the Law, the applicant's commencement of its telecommunications business does not hinder the users' benefit and the interests of Japanese nationals, and also is appropriate for the sound development of telecommunications.
(Intention)
Article 7.
Upon granting approval of a telecommunications carrier in accordance with the provisions of Article 117 of the Law, or approval of change in accordance with the provisions of Article 122 of the Law, the approval shall be granted as specified in this Chapter.
(Examination Standards for Approval)
Article 8.
Approval shall be granted where it is deemed that an application for approval is in compliance with each of the following items:
i) Related to Article 119 item i) of the Law
a) Where the fund raising plan for such telecommunications business by the applicant is drafted in a rational manner
b) Where the repayment plan for such telecommunications business by the applicant is drafted in a rational manner
c) Where appointment, etc. of necessary chief telecommunications engineers are supposed to be implemented in accordance with the provisions of Article 3 of the Regulations for Chief Telecommunications Engineer, by the commencement of telecommunications business
ii) Related to Article 119 item ii) of the Law
a) Where the applicant’s estimated revenues and expenditures are calculated in a proper and clear-cut manner, and whether these estimates are drafted in a rational manner.
b) Where the applicant's plan for installing telecommunications facilities is set in a rational manner, including the planned date of the commencement of business.
iii) Related to Article 119 item iii) of the Law
The applicant shall have a registration of Article 9 necessary for operating a telecommunications business pertaining to its application or a registration of changes of Article 13 paragraph (1), or said applicant has notified Article 16 paragraph (1) or paragraph (3).
(Intention)
Article 18.
Upon granting authorization of an agreement, etc. concerning telecommunications activities with a foreign government, etc. in accordance with the provisions of Article 40 of the Law, the authorization shall be granted as specified in this Chapter.
(Examination Standards)
Article 19.
Authorization shall be granted where it is deemed that an application for approval is in compliance with each of the following items. However, in the cases where it is deemed that there are special circumstances concerning whether there is a risk of practices hindering fair competition in the telecommunications market, and the cases of a telecommunications service provided by a telecommunications carrier other than telecommunications carriers installing telecommunications circuit facilities, the provisions of items ii) and iii) may not apply to the examination. In the cases where it is deemed that there are special circumstances, the examination shall be made on the basis of the intentions of the provisions of items ii) and iii) according to said special circumstances.
i) Foreign governments, etc. are eligible as counterparts of said agreements, etc.
ii) Where a service provider with whom the applicant concludes agreements, etc. is a telecommunications carrier headquartered in a country other than members of the World Trade Organization, the ratio of the amount of money to be paid and received or shared (hereinafter referred to as a "accounting rate" in this Chapter) and the ratio of the communications traffic volume shared by the parties shall conform to the following sub-items from a) through c) (hereinafter referred to as a "uniform accounting rate system"). However, in cases of relay circuits via a third country, the system c) shall not apply.
a) Accounting rates and the method to converge yen into any other currency of payment are the same as those under other agreements, etc. with another Japanese telecommunications carrier. However, provided that said other agreements, etc. are scheduled to be changed to the same conditions between carriers involved, this shall not apply.
b) Amounts of accounting rates to be shared are equal for the countries at both ends.
c) Between the countries at both ends, the "ratio of the communications traffic volume outgoing from the applicant to carriers with whom agreements, etc. are to be concluded to the total communications traffic volume incoming to said carrier" is comparable to the "ratio of the communications traffic volume outgoing from said carriers to the applicant to the total communications traffic volume outgoing from said carriers."
iii) In concluding agreements, etc. with carriers headquartered in a country other than members of the World Trade Organization, a telecommunications carrier informs the other party of the uniform accounting rate system with whom agreements, etc. are to be concluded, for making the uniform accounting rate system a prerequisite of an agreement between the parties.
iv) Matters concerning the scope of responsibilities to be assumed between the parties are properly and clearly stipulated.
v) Agreements. etc. include no provisions that unfairly discriminate against one party compared with agreements, etc. the parties have concluded with other carriers.
vi) Security and reliability of communications are ensured.
vii) The parties faithfully perform their duties imposed upon them by international treaties, agreements, etc.
viii) Agreements, etc. have no fear of hindering the promotion of public interest such as hindering fair competition within the telecommunications market.
(Designation Standards for Telecommunications Numbers)
Article 20.
Upon the reception of an application of Article 15 of the Rules for Telecommunications Numbers, the Minister shall examine whether the application conforms to each of the following items, and when it is deemed to conform, designate telecommunications numbers.
i) The number of telecommunications numbers calculated from the demands for the planned telecommunications service is rational in light of the Designation Standards for Telecommunications Numbers.
ii) The telecommunications numbers required to offer telecommunications services are adequate in light of the telecommunications service plan.
This Designation Standards shall apply to the designation of telecommunications numbers indicated in Article 16 of the Rules for Telecommunications Numbers. Demand forecasts and the required number of telecommunications numbers shall be calculated from the following calculation methods. However, this shall not apply to the cases where it is difficult to calculate them by these methods such as telecommunications carriers, etc. who submit applications for the first time.
1. Article 9 item i) of the Rules for Telecommunications Numbers (except those pertaining to paging service)
(1) Demand forecast = (number of telecommunications numbers in use [Note] + forecasts of increase in demands + number of telecommunications numbers cancelled and reserved) x fluctuation rate
Forecast in demand increase = (number increased in 12 most recent months of telecommunications numbers under in contracts with subscribers)/12 months x (number of months including the month of application until the end of the following business year)
Number of telecommunications numbers cancelled and reserved = (number of telecommunications numbers cancelled in the most recent 12 months)/12 months x 6 months
Fluctuation rate = 1.25
(2) Number of newly required telecommunications numbers = (forecast demands – number of already designated telecommunications numbers x 10,000)/10,000
Note: Referring to the number of telecommunications numbers under contracts with subscribers through area codes/local exchange number (office codes) used at terminal system switching facilities in a number section
2. Other than 1 above
(1) Demand forecast = (number of telecommunications numbers in use + forecasts of increase in demands)/usage rate
Forecasts of increase in demands = (increased number of telecommunications numbers under contracts with subscribers in 3 most recent months)/3 months [Note 1] x 13 months [Note 1]
Usage rate [Note 2] ² 1
(2) Number of newly required telecommunications numbers = (demand forecast – number of already designated telecommunications numbers x maximum assignable number of telecommunications numbers [Note 3])/(maximum assignable number of telecommunications numbers [Note 3])
Note 1: The calculation period (a period as a basis for calculating demand forecast) can be shortened so as to make the required number of telecommunications numbers minimal.
Note 2: The required number of telecommunications numbers shall be set as minimal by telecommunications numbers pertaining to the application.
Note 3: Referring to the maximum number of telecommunications numbers assignable to subscribers by one carrier prefix.
(Appointment, Etc. of Chief Telecommunications Engineer)
Article 3.
(1) In accordance with the provisions of Article 45 paragraph (1) of the Telecommunications Business Law, a chief telecommunications engineer shall be selected from persons who work at each working site on a full-time basis listed in the left column of the following table and shall be appointed at each working site listed in the right column of the following table.
| Working site | Qualifications |
| 1. Site where telecommunications facilities (except line facilities and other facilities accessory to such facilities) are directly managed. | Person who has a Chief Transmission and Switching Engineer's License |
| 2. Site where line facilities and other facilities accessory to such facilities are directly managed. | Person who has a Chief Line Engineer's License |
(2) Notwithstanding the preceding paragraph, in the cases where a Notice is issued separately, a chief telecommunications engineer may be appointed at one site directly supervising said working site or a chief telecommunications engineer posting at another site may serve concurrently as a chief telecommunications engineer to be appointed at said working site.
(Cases Where Chief Telecommunications Engineers Are Not Required to Be Appointed)
Article 3-2.
(1) The cases specified in the applicable MIC ordinance under the proviso of paragraph (1) of Article 45 of the Law shall be, of the cases where areas installed telecommunications facilities for telecommunications business do not extend across the boundary of an area (in the cases of designated cities (simply referred to as a "designated city" in paragraph (3)) under Article 252-19 paragraph (1) of the Local Autonomy Law (Law No. 67 of 1947), an area of the ward concerned) of one city, town or village (including a special ward), the cases where the number of subscribers in said area is 29,999 or less, and the cases where a person who falls under any of the following items.
i) A person who has graduated from a university (except junior colleges), under the School Education Law (Law No. 26 of 1947) or a university under the old Imperial Ordinance for University (Imperial Ordinance No. 388 of 1918), or an educational institution equivalent to or superior to such universities, with a degree in electrical engineering or telecommunications engineering, and has a two-year or longer experience in the work of construction, maintenance or operations of telecommunications facilities for telecommunications business
ii) A person who has graduated from a junior college or a college of technology under the School Education Law, or a university under the old Imperial Ordinance for Technical College (Imperial Ordinance No. 61 of 1903), or an educational institution equivalent to or superior to such schools with a degree in electrical engineering or telecommunications engineering and has a four-year or longer experience in the work of construction, maintenance or operations of telecommunications facilities for telecommunications business
iii) A person who has graduated from a high school (upper secondary school) or junior high school (lower secondary school) under the School Education Law, or a secondary school under the old Imperial Ordinance for Secondary School ??? (Imperial Ordinance No. 36 of 1943), or an educational institution equivalent to or superior to such schools with a degree in electrical engineering or telecommunications engineering and has an eight-year or longer experience in the work of construction, maintenance or operations of telecommunications facilities for telecommunications business
iv) A person whom the Minister has deemed as a person who has a capability equivalent to or superior to such persons listed in any of the preceding items
(2) Any telecommunications carrier meeting the requirements stipulated in the preceding paragraph shall, when it has appointed chief telecommunications engineers falling under any item of the preceding paragraph, report without delay to that effect to the Minister by attaching a copy of documents certifying that the persons pertaining to said appointment have qualifications stipulated in any item of the same paragraph.
(3) In the cases where an area of one city, town or village (including a special ward), or a ward of a designated city has been changed, with respect to telecommunications carriers who had been registered under Article 9 of the Law before said change or notified under Article 16 paragraph (1) of the Law, during a six-month period calculating from the day of said change, "an area (in the cases of designated cities (simply referred to as a "designated city" in paragraph (3)) under Article 252-19 paragraph (1) of the Local Autonomy Law (Law No. 67 of 1947), an area of the ward concerned) of one city, town or village (including a special ward)" in paragraph (1) shall be read as "an area (in the cases of designated cities (simply referred to as a "designated city" in paragraph (3)) under Article 252-19 paragraph (1) of the Local Autonomy Law (Law No. 67 of 1947), an area of the ward concerned) of one city, town or village (including a special ward) and an area (in the cases of designated cities, an area of the ward concerned) of one city, town or village (including a special ward)".
(Notification of Appointment, Etc.)
Article 4.
When a person who intends to submit a notification stipulated in Article 45 paragraph (2) of the Law, it shall submit a notification for appointment or dismissal of chief telecommunications engineers in accordance with Form of Table 1 to the Minister.
Form of Table 1
(related to Article 4)
| Notification for Appointment or Dismissal of Chief Telecommunications Engineers | ||||||||||||||||
| H. E. The Minister for Internal Affairs and Communications; | Date | |||||||||||||||
| Postal code (Kana phonetic transcription) Address (Kana phonetic transcription) Name (When written in own handwriting, the person may dispense with the need to affix the personal seal; in the cases of a juridical person, the legal name and name of the representative, when the representative writes this application in own handwriting, the need to affix the corporate seal may dispense with.) [Seal] | ||||||||||||||||
| Having appointed or dismissed chief telecommunications engineers as follows, I hereby notify to that effect in accordance with the provisions of Article 45 paragraph (2) of the Telecommunications Law.
| ||||||||||||||||
| (JIS A4-sized paper) Note: When descriptions of the notification are limited to appointment or dismissal, either column of "Appointed chief telecommunications engineers" or "Dismissed chief telecommunications engineers" shall be checked by diagonal lines. | ||||||||||||||||
(Application for Designation of Telecommunications Numbers)
Article 15.
(1) Any telecommunications carrier who intends to obtain the designation of telecommunications numbers shall submit to the Minister an application of Form 1.
(2) Documents attached to the application of the preceding paragraph shall enter the following items:
i) Reasons for requiring telecommunications numbers
ii) Number of telecommunications numbers required and demand forecast for supporting thereof
iii) Telecommunications service plans pertaining to the number of telecommunications numbers required
iv) Methods to manage telecommunications numbers
v) Network configurations (referring to ones expressly indicating telecommunications facilities necessary for using telecommunications numbers including demarcation points with other telecommunications carriers)
vi) Matters confirming requirements stipulated in Table 2 (except the cases of intending to obtain designation of telecommunications numbers stipulated in Article 11)
vii) In addition to matters listed in the preceding items, matters particularly necessary for designating telecommunications numbers
(3) When changing matters listed in each item of the preceding paragraph, the telecommunications carrier shall, prior to implementation thereof, submit a notification of Form 2. However, this shall not apply to the minor change stipulated in Table 3.
Form 1 Application for Designation of Telecommunications Numbers
(related to Article 15 paragraph (1))
| Application for Designation of Telecommunications Numbers | |
| H. E. The Minister for Internal Affairs and Communications; | Date |
| Postal code (Kana phonetic transcription) Address (Kana phonetic transcription) Name (When written in own handwriting, the person may dispense with the need to affix the personal seal; in the cases of a juridical person, the legal name and name of the representative, when the representative writes this application in own handwriting, the need to affix the corporate seal may dispense with.) [Seal] Date of registration or notification and registration or notification number | |
| Wishing to obtain designation of telecommunications numbers, I hereby apply in accordance with the provisions of Article 15 paragraph (1) of the Rules for Telecommunications Numbers | |
| Note of Matters | |
| i) Reasons for requiring telecommunications numbers ii) Number of telecommunications numbers required and demand forecast for supporting thereof iii) Telecommunications service plans pertaining to the number of telecommunications numbers required iv) Methods to manage telecommunications numbers v) Network configurations vi) Matters confirming requirements stipulated in Table 2 vii) In addition, matters particularly necessary for designating telecommunications numbers | |
| Notes: 1. When written in own handwriting, the person may dispense with the need to affix the personal seal; in the cases of a juridical person, the legal name and name of the representative, when the representative writes this application in own handwriting, the need to affix the corporate seal may dispense with. 2. With respect to reasons for requiring telecommunications numbers, concrete reasons for requiring telecommunications numbers and clauses of the Rules for Telecommunications Numbers stipulating said telecommunications numbers shall be entered. 3. With respect to number of telecommunications numbers required and demand forecast for supporting thereof, the number of telecommunications numbers (including demand forecast) and planned dates of using those numbers shall be entered. 4. With respect to telecommunications service plans pertaining to the number of telecommunications numbers required, details on telecommunications services to be offered shall be entered. 5. With respect to methods to manage telecommunications numbers, concrete methods concerning management of telecommunications numbers shall be entered. 6. With respect to network configurations, communications routes related to telecommunications numbers, locations (including names of cities, towns and villages) of necessary telecommunications facilities stipulated in Article 15 paragraph (2) and demarcation points shall be entered. 7. With respect to matters confirming requirements stipulated in Table 2, requirements stipulated in the same table shall be expressly entered. 8. The application form shall be JIS A4-sized paper. | |
Article 4.
Any person who wishes to establish a radio station shall obtain a license from the Minister. This shall not apply to:
i) Radio stations operating with extremely low power of emission as specified in the applicable MIC ordinance.
ii) Radio stations that operate in the frequency band of 26.9 to 27.2 MHz with antenna power of 0.5 watts or less and are specified in the applicable MIC ordinance, and which exclusively use radio equipment affixed with a mark pursuant to the provisions of Article 38-7 paragraph (1) (including Article 38-31 paragraph (4) to which the provisions of Article 38-7 paragraph (1) shall apply, mutatis mutandis), Article 38-26 (including Article 38-31 paragraph (6) to which the provisions of Article 38-26 shall apply, mutatis mutandis) or Article 38-35 (except one deemed having no mark pursuant to the provisions of Article 38-23 paragraph (1) (including Article 38-29, Article 38-31 paragraphs (4) and (6) and Article 38-38 to which the provisions of Article 38-23 paragraph (1) shall apply, mutatis mutandis); hereinafter referred to as “radio equipment with conformity mark”).
iii) Radio stations with antenna power of 0.01 watts or less as specified in the applicable MIC ordinance, which automatically transmit the call signs or call names designated under the provisions of the following article, or which may operate without causing interference with or disturbance to the operation of other radio stations by being equipped with receiving functions and other functions specified by the applicable MIC ordinance, and which exclusively use Radio Equipment with Conformity Mark.
(Disqualification)
Article 5.
(1) No radio station license shall be granted to:
i) A person not holding Japanese nationality
ii) A foreign government or its representative
iii) A foreign juridical person or organization
iv) A juridical person or organization which is represented by any person referred to in the preceding three items, or one third or more officers of which are such persons, or one third or more voting rights of which are made up of the aggregate of voting rights held by such persons
(2) The provisions of the preceding paragraph shall not apply to the following radio stations:
i) Experimental radio stations (meaning radio stations used exclusively for experimentation aimed at scientific or technological development; hereinafter the same shall apply.)
ii) Amateur radio stations (meaning radio stations established for conducting radio communications as a hobby; hereinafter the same shall apply.)
iii) Radio stations on board ships (meaning radio stations established on board ships (except experimental radio stations and amateur radio stations; hereinafter the same shall apply.) whose purpose is other than conducting telecommunications service (meaning telecommunications service of item vi) of Article 2 of the Telecommunications Business Law (Law No. 86 of 1984); hereinafter the same shall apply), and which are established on board ships provided in Article 29-7 of the Law for Safety of Vessels (Law No. 11 of 1933)
iv) Radio stations on board aircraft (meaning radio stations established on board aircraft (except experimental radio stations and amateur radio stations; hereinafter the same shall apply.) whose purpose is other than conducting telecommunications service; hereinafter the same shall apply), and which are established on board aircraft to aviate between places within Japanese territory with permission of the proviso in Article 127 of the Civil Aeronautics Law (Law No. 231 of 1952)
v) Radio stations (exclusively used for radio communications service between specific fixed points) which are established for the purpose of official service, in an embassy, legation, or consulate and which are established by the government of a country or its representative that permits the Government of Japan or its representative to establish radio stations of a similar kind within the territory of that country
vi) Radio stations which are established on mobile objects including automobiles or for portable use, or fixed radio stations (except those with the purpose of conducting telecommunications service) established on land for the purpose of communicating with those mobile radio stations or receiving equipment for portable use.
vii) Radio stations established for the purpose of conducting telecommunications service
viii) Radio stations established on land for the purpose of controlling position and attitude, etc. of an artificial satellite equipped with radio equipment of a radio station for the purpose of conducting telecommunications service
(3) A radio station license may not be granted to any of the following persons:
i) Any person who has been sentenced to a fine or severer penalty for a crime provided in this Law or the Broadcast Law (Law No. 132 of 1950), if a period of two years has not elapsed since the day the sentence was served out or the suspension of such sentence expired.
ii) Any person whose radio station license was revoked, if a period of two years has not elapsed since the day of the revocation.
iii) Any person whose attestation was revoked, under the provisions of Article 27-15 paragraph (1) (except item iii)), if a period of two years has not elapsed since the day of the revocation.
(4) and (5) (Omitted)
(Application for a License)
Article 6.
(1) Any person who wishes to obtain a radio station license shall submit to the Minister an application together with a document describing the following items:
i) Purpose
ii) Reason for the need to establish the radio station
iii) Person(s) with whom the radio communications is conducted and communications subjects
iv) Location of radio equipment (meaning, of mobile stations, for artificial satellites, the orbit or the position, and for those other than artificial satellite stations, radio stations on board ship, ship earth stations (meaning radio stations established on board ship for the purpose of telecommunications service and of conducting radio communications via artificial satellite stations; hereinafter the same shall apply.), radio stations on board aircraft (except that which conducts radio communications solely via artificial satellite stations, the same shall apply in paragraph (4)) and aircraft earth stations (meaning radio stations established onboard aircraft and of conducting radio communications solely via artificial satellite stations; hereinafter the same shall apply.), the operating area; hereinafter the same shall apply except in Article 18.).
v) Type of radio waves, desirable frequency range and antenna power.
vi) Desirable operation-permitted hours (meaning hours during which the operation is possible; hereinafter the same shall apply.).
vii) Construction design, and scheduled completion date of the construction of the radio equipment (including equipment installed in accordance with the provisions of Articles 30 and 32; the same shall apply to item ii) of the following paragraph, Article 10 paragraph (1), Article 12, Article 17, Article 18, Article 24-2 paragraph (4), the proviso of Article 73 paragraph (1), Article 73 paragraph (5) and Article 102-18 paragraph (1)).
viii) Expected commencement date of operation.
(2) through (5) (Omitted)
(6) Any person who wishes to obtain a license for an artificial satellite station shall enter scheduled launching time, term of normal operation, and area of position enabling its station to fulfill the mission in the document of paragraph (1) or (2), in addition to the particulars referred to in the same paragraphs.
(7) Any application for radio station (except those specified in the applicable MIC ordinance) which falls under any of the following items, and which uses frequency of which the Minister issues a public notice, shall be submitted within the period specified in the public notice of the Minister
i) A mobile radio station established on land for the purpose of conducting telecommunications service (limited to service areas which cover the entire area of one or more prefecture(s))
ii) A fixed radio station established on land for the purpose of conducting telecommunications service which communicates with the radio station under the preceding item
iii) An artificial satellite station established for the purpose of conducting telecommunication service
iv) A radio station for broadcasting
(8) The period under the preceding paragraph shall be one month or longer by each frequency band, and the public notice of the period under the provisions of the same paragraph shall also include the zone area where the applicant for radio station license may install radio equipment of the radio station, or other particulars for convenience of license application.
(Examination of Applications)
Article 7.
(1) When receiving an application of paragraph (1) of the preceding article, without delay, the Minister shall examine whether it conforms to all of the following items:
i) The conformity of the construction design to the technical regulations specified in Chapter III.
ii) The feasibility of frequency assignment.
iii) In addition to particulars referred to in the preceding two items, the conformity to the essential standards for establishment of radio stations (except the radio stations to broadcast (except radio stations for the purpose of conducting telecommunications service)) specified in the applicable MIC ordinance.
(2) through (5) (Omitted)
(6) When deemed necessary in examining an application, the Minister may request the applicant to appear in person or submit any additional information.
(Provisional License)
Article 8.
(1) When determining, as a result of the examination under the provisions of the preceding article, that the application conforms to each item of paragraph (1) or each item of paragraph (2) of the same article, the Minister shall issue a pre-permit of the radio station to the applicant, designating the following particulars:
i) Completion date of the construction work
ii) Type of radio waves and frequency
iii) Call sign (including beacon sign), call name, and identification signal specified in the applicable MIC ordinance (hereinafter referred to as "identification signal")
iv) Antenna power
v) Permitted operations hours
(2) When determining appropriate upon receipt of an application submitted by a person who has obtained the pre-permit, the Minister may extend the completion date of item i) of the preceding paragraph.
(Inspection after Completion of Construction Work)
Article 10.
(1) A person who has obtained a pre-permit of Article 8 shall, when the construction work has been completed, submit a notification to the Minister and obtain the inspection for the radio equipment, the qualifications of radio operators (including that which is related to requirements of radio operators in full charge provided in Article 39 paragraph (3), ship station radio operator attestation of Article 48-2 paragraph (1), distress traffic operators provided in Article 50 paragraph (1); the same shall apply to Articles 12), the necessary number of radio operators, timepiece and documents (hereinafter referred to as "radio equipment, etc.").
(2) A part of the inspection of the preceding paragraph may be omitted where a person who wishes to have the inspection of the same paragraph submits to the Minister documents on which the results of an inspection on the radio equipment, etc., conducted by the person registered under Article 24-2 paragraph (1) or Article 24-13 paragraph (1) in accordance with the provisions of the applicable MIC ordinance are entered.
(Licensing)
Article 12.
The Minister shall grant a license to the applicant without delay when determining, as a result of the inspection in accordance with the provisions of Article 10, that the radio equipment conforms to the construction design of Article 6 paragraph (1) item vii) or paragraph (2) item i) of the same article (the construction design when a construction design has been changed in accordance with the provisions of Article 9 paragraph (1)), and that the qualifications or the number of radio operators are not contrary to the provisions of Articles 39, or Article 39-13, Article 40 and Article 50, and that the timepiece or documents are not contrary to the provisions of Article 60.
(Valid Term of Licenses)
Article 13.
(1) The valid term of licenses for radio stations shall be specified in the applicable MIC ordinance within five years calculated from the day of a license granted. However, renewal may be allowed.
(2) and (3) (Omitted)
(Licenses)
Article 14.
(1) When granting a license, the Minister shall issue a license.
(2) The following particulars shall be entered on a license:
i) Date and reference number of the license
ii) Name or appellation and address of licensee (meaning a person who has obtained a radio station license; hereinafter the same shall apply.)
iii) Category of the radio station
iv) Purpose of the radio station
v) Person with whom the radio communications is conducted and communications subjects
vi) Location of the radio equipment
vii) Valid term of the license
viii) Identification signal
ix) Type of radio waves and frequencies
x) Antenna power
xi) Permitted operation hours
(3) (Omitted)
(Simplified Licensing Procedures)
Article 15.
Irrespective of the provisions of Articles 6 and Articles 8 through 12, the simplified procedures may apply, as specified in the applicable MIC ordinance, to renewing a license in accordance with the proviso in Article 13 paragraph (1) and to a license for a radio station which solely uses radio equipment with conformity mark, or to a license for other radio stations specified in the applicable MIC ordinance.
(Special Case of a License for the Specified Radio Station)
Article 27-2.
A person who wishes to operate more than two radio stations which are specified in the applicable MIC ordinance and use only the Radio Equipment with the Mark Indicating Conformity of radio stations emitting only the radio waves of frequencies automatically selected by receiving the radio waves from a radio station with which radio communications is conducted (hereinafter referred to as "specified radio station"), may apply for a blanket license for these specified radio stations in accordance with the provisions of the following article through Article 27-11, where such specified radio stations share the same purpose, same person with whom radio communications is conducted, same type of radio waves and frequency, and same regulations of radio equipment (solely those specified in the applicable MIC ordinance).
(Application for a License for the Specified Radio Station)
Article 27-3.
(1) Any person who wishes to obtain the license of the preceding article shall submit an application to the Minister along with a document, on which the following particulars entered.:
i) Purpose
ii) Reasons for the necessity to establish the radio stations
iii) Person (s) with whom the radio communications is conducted
iv) Type of radio waves, desirable frequency range and antenna power
v) Construction design of the radio equipment
vi) Maximum number of operational radio stations (meaning the maximum number of radio stations to be operated simultaneously during the term of validity of a license.)
vii) Expected commencement date of operation (meaning the earliest expected commencement date of operation of various specified radio stations)
(2) Any person who wishes to obtain the license of the preceding paragraph, where conducting radio communications with a foreign artificial satellite station, shall enter on the document of the preceding paragraph such particulars as the orbit or position of the artificial satellite, the particulars related to the radio station to be established on land for the purpose of controlling the position and attitude, etc. of the artificial satellite and other particulars specified in the applicable MIC ordinance in addition to those particulars referred to in the same paragraph.
(Examination of Application)
Article 27-4.
When receiving an application of the preceding article paragraph (1) without delay, the Minister shall examine whether it conforms to the following items:
i) The feasibility of frequencies assignment
ii) In addition to the particulars referred to in the preceding items, the conformity to the essential standards for the establishment of the specified radio stations specified in the applicable MIC ordinance.
(Grant of Blanket License)
Article 27-5.
(1) When determining, as a result of the examination under the provisions of the preceding article, that the application conforms to each item of the same article, the Minister shall issue a license to the applicant, designating the following particulars:
i) Type of radio waves and frequencies
ii) Antenna power
iii) Number of designated radio stations (meaning the maximum number of specified radio stations operating simultaneously; hereinafter the same shall apply.)
iv) Deadline for the commencement date of operation (meaning the earliest commencement date of operation of more than one specified radio stations)
(2) When granting the license of the preceding paragraph (hereinafter referred to as "blanket license"), the Minister shall issue a license on which the following particulars and designated particulars in accordance with the same paragraph are entered:
i) Date and reference number of the blanket license
ii) Name or appellation and address of the blanket licensee (meaning a person who has obtained a blanket license; hereinafter the same shall apply.)
iii) Category of the specified radio station
iv) Purpose of the specified radio station
v) Person with whom the radio communications is conducted
vi) Valid term of a blanket license
(3) The valid term of the blanket license shall be specified in the applicable MIC ordinance within five years from the day the blanket license granted. However, renewal may be allowed.
(Registration of Registered Certification Agencies)
Article 38-2.
(1) With respect to radio equipment to be used for small-scale radio stations as specified by the applicable MIC ordinance (hereinafter referred to as "specified radio equipment"), a person who conducts the business of certifying such radio equipment’s conformity with the technical regulations specified in the preceding Chapter (hereinafter referred to as "technical regulations conformity certification ") may obtain registration from the Minister according to the following categories of business (in the following paragraph, Article 38-5 paragraph (1), Article 38-10, Article 38-31 paragraph (1) and Table No. 3 attached hereto, referred to as “category of business”).
i) Business to conduct the technical regulations conformity certification service for specified radio equipment pertaining to a radio station as stipulated in Article 4 item ii) or iii)
ii) Business to conduct the technical regulations conformity certification service for specified radio equipment pertaining to a blanket license
iii) Business to conduct the technical regulations conformity certification service for other specified radio equipment than those specified in the preceding two items
(2) through (4) (Omitted)
(Certification of Construction Type of Specified Radio Equipment)
Article 38-24.
(1) A registered certification agency, upon request from a person who conducts business of dealing in specified radio equipment, shall certify that the construction type of said specified radio equipment (including the method to verify each equipment conforms to said construction type) conforms to the technical regulations specified in the preceding Chapter (hereinafter referred to as "certification of construction type").
(2) A registered certification agency shall, upon receipt of request for certification of construction type pertaining to its registration, conduct an examination in accordance with the provisions of the applicable MIC ordinance, and shall grant the certification of construction type only when deemed that the construction type conforms to the technical regulations specified in the preceding Chapter and that any and all specified radio equipment based on said construction type is ensured to conform to said construction type.
(3) (Omitted)
(Self-Confirmation of Technical Regulations Conformity, Etc.)
Article 38-33.
(1) A manufacturer or an importer of the radio equipment, which is stipulated in the applicable MIC ordinance, in consideration of the technical regulations, usage modes, etc. of radio equipment among specified radio equipment, as the one which rarely causes interference or other disturbance that severely jam the operation of other radio stations (hereinafter referred to as “special specified radio equipment”), may confirm by itself that the construction type (including the methods to verify each equipment conforms to the type) of the special specified radio equipment conforms to the technical regulations specified in the preceding Chapter.
(2) A manufacturer or an importer shall conduct verification in accordance with the applicable MIC ordinance, and shall then conduct the confirmation under the provisions of the preceding paragraph (hereinafter referred to as “self-confirmation of technical regulations conformity”; The same shall apply in the following paragraph.), only when it is deemed that the construction type of the special specified radio equipment conforms to the technical regulations specified in the preceding Chapter and that any and all specified radio equipment based on said construction type is ensured to conform to said construction type.
(3) Upon conducting the self-confirmation of technical regulations conformity, a manufacturer or an importer may, in accordance with the applicable MIC ordinance, notify the Minister of the following items:,
i) Name and address of the manufacturer or importer, in the case where the manufacturer or importer is a juridical person, name of the representative
ii) Category and construction type of the special specified radio equipment on which the self-confirmation of technical regulations conformity was conducted
iii) Outline of the verification results under the preceding paragraph
iv) Method to verify that any of special specified radio equipment based on the construction type of item ii) conforms to said construction type
v) Other matters concerning the methods, etc. of self-confirmation of technical regulations conformity, which are stipulated in the applicable MIC ordinance
(4) A person who notified under the provisions of the preceding paragraph (hereinafter referred to as “notified supplier”) shall prepare and maintain record books of the verification under paragraph (2) of this article, in accordance with the applicable MIC ordinance.
(5) A notified supplier shall, in case of any change in the matters stipulated in the items (except items ii) and iii)) of paragraph (3) of this article, notify the Minister to that effect, without delay, in accordance with the applicable MIC ordinance.
(6) The Minister shall, when received a notification under paragraph (3) of this article, issue a public notice to that effect pursuant to the applicable MIC ordinance. The same shall apply when a notification was submitted under the preceding paragraph and there was any change in the matters included in the public notice.
(7) The Minister shall, when establishing, modifying or abolishing such ministerial ordinance as specified in paragraph (1) of this article, consult with the Minister for Economy, Trade and Industry.
(Mandatory Inquiry)
Article 99-11.
(1) The Minister shall inquire of the Radio Regulatory Council in any of the following cases:
i) through iii) (Omitted)
iv) When the Minister grants a pre-permit of a radio station in accordance with the provisions of Article 8; or permits changes in construction designs in accordance with the provisions of Article 9 paragraph (1); or permits changes in broadcasting subjects in accordance with Article 9 paragraph (4) or the latter part of Article 17 paragraph (1); or grants a blanket license in accordance with the provisions of Article 27-5 paragraph (1); or grants establishment plan attestation in accordance with the provisions of Article 27-13 paragraph (1); or designates a designated training agency in accordance with Article 39-2 paragraph (1); or designates a designated examinations executing agency in accordance with Article 46 paragraph (1); or changes designated frequencies, etc. of radio stations or orders transfer of the position of radio facilities of an artificial satellite radio station in accordance with the provisions of Article 71 paragraph (1); or designates a designated frequency change support agency with Article 71 paragraph (3); or designates a radio propagation blockage prevented area in accordance with the provisions of Article 102-2 paragraph (1); or designates the center in accordance with the provisions of Article 102-17 paragraph (1); or designates a designated calibration agency in accordance with the provisions of Article 102-18 paragraph (1).
(2) Of the particulars referred to in the preceding paragraph, the Minister may take administrative dispositions without referring to the Radio Regulatory Council to matters which the Council determines to be less important.
(Application Form)
Article 3.
Application forms stipulated in Article 6 of the Radio Law shall, according to the classification in the upper column of the following table, be as listed in the lower column of the same table:Classification Application forms
i) Personal radio and amateur stations Table No. 1
ii) Other radio stations Table No. 1-2
(Documents, Etc. to Be Attached)
Article 4.
(1) Documents to be attached to the application of the preceding article in accordance with the provisions of Article 6 of the Law shall be a note of radio station matters and a document describing construction types; and matters other than matters pertaining to construction types of radio facilities shall be entered in the note of radio station matters and matters pertaining to construction types of radio facilities shall be entered in the document describing construction types.
(2) Forms of the note of radio station matters and the document describing construction types shall, according to the classification in the upper column of the following table, be as listed in the lower column of the same table:
Classification Forms of the note of radio station matters and the document describing construction types
| i) Broadcasting station | Table No. 2 |
| ii) Those listed in each of the following items: (i) Emergency station, meteorological aid station, standard frequency station, station for special service, fixed station, base station, portable base station, radio paging station, land mobile relay station, land station, mobile station, specified experimental station and experimental station | Table No. 2-2 |
| iii) Personal radio | Table No. 2-3 |
| iv) Land mobile station and portable station | Table No. 2-4 |
| v) Ship station (except ship stations using radio telephony having antenna power of 5 watts or lower for which the Minister for Internal Affairs and Communications separately issues a Notice (hereinafter referred to as a "specified ship station")) | Table No. 2-5 |
| vi) Specified ship station, automatic distress informing station and radio navigation mobile station | Table No. 2-6 |
| vii) Aircraft station | Table No. 2-7 |
| viii) Amateur station | Table No. 2-8 |
| ix) Ship earth station and aircraft earth station | Table No. 2-9 |
| x) Portable mobile station | Table No. 2-10 |
(Number, Etc. of Copies of Documents to Be Submitted)
Article 8.
(1) Any person who intends to apply for radio station license listed in the upper column of the following table shall submit an application for license and documents attached thereto to the Minister or Directors-General of the Regional Bureaus of Telecommunications (including Director-General of the Okinawa Office of Posts and Telecommunications; hereinafter the same shall apply.), according to the classification in the upper column of the following table, by attaching the number of copies of documents listed in the lower column of the following table thereto. Provided, however, that the Minister or Directors-General of the Regional Bureaus of Telecommunications reduced the number of copies of documents or does not require the submission, this shall not apply.
| Classification | Documents |
| i) Broadcasting station, standard frequency station, station for special service, fixed station, coast station, aeronautical station, radio paging station, land mobile relay station, land station, mobile station, Radio beacon station, radio navigation land station, radio location land station, radio determination station, specified experimental station, experimental station, satellite station, space station, coast earth station, aeronautical earth station, portable base earth station, ship earth station, aircraft earth station, earth station, amateur station (limited to amateur stations opened at a satellite and amateur stations for remotely control radio facilities of amateur stations opened at a satellite (hereinafter referred to as an "amateur station of satellite, etc.")) and meteorological aid station | Two copies each of the note of radio station matters and the document describing construction types |
| ii) Emergency station, simple radio station (except personal radio and radio stations using radio control oscillators (referring to oscillators for the use of radio control for model aircraft, model boat and the like; hereinafter the same shall apply.)), base station, portable base station, ship station, automatic distress informing station, aircraft station, on-board communications station, radio navigation mobile station, radio location mobile station and premises radio station | One copy each of the note of radio station matters and the document describing construction types |
(2) The Minister or Directors-General of the Regional Bureaus of Telecommunications shall, when having granted a pre-permit (provisional license) in accordance with the provisions of Article 8 paragraph (1) of the Law, certify that one copy of said copies in accordance with the provisions of the preceding paragraph is a copy of submitted documents and return the certified copy to the applicant.
(Notification of Granting Pre-permit)
Article 10.
When having granted a pre-permit (provisional license) in accordance with the provisions of Article 8 paragraph (1) of the Law, the Minister or Directors-General of the Regional Bureaus of Telecommunications shall notify the applicant to that effect in writing.
(Notification of Completion of Construction Work)
Article 13.
A notification of completion of construction work in accordance with the provisions of Article 10 of the Law shall be submitted in writing to the Minister or Directors-General of the Regional Bureaus of Telecommunications.
(Simplified Licensing Procedures for Radio Station Using Radio Equipment with Conformity Mark)
Article 15-4.
(1) The Minister or Directors-General of the Regional Bureaus of Telecommunications shall, where it is deemed that an application for license of radio stations using only radio equipment with conformity mark conforms to each item of Article 7 paragraph (1) of the Law after the examination of the application, designate a type of radio waves and frequency, call sign (including beacon sign; hereinafter the same shall apply.) or call name, antenna power and permitted operations hours, and grant a license for radio station.
(2) The provisions of Article 8 paragraph (2) of the Law shall apply, mutatis mutandis, to the case of having granted license for radio station with respect to the application of the preceding paragraph.
(3) Each procedure of a pre-permit stipulated in Article 8 of the Law, changes of construction types stipulated in Article 9 of the Law, an inspection after completion of construction work stipulated in Article 10 of the Law and rejection of licensing stipulated in Article 11 of the Law shall not apply to the license of paragraph (1).
(Unit of Application for Blanket License)
Article 20-4.
Any application for blanket license of specified radio stations shall be submitted by unit according to the same purpose of the specified radio stations, the same person with whom radio communications is conducted, the same type of radio waves and frequency, and the same standard of radio equipment stipulated in Article 15-3 of the Regulations for Enforcement of the Radio Law.
(Application Form, Etc. for Blanket License)
Article 20-5.
(1) The application form of Article 27-3 paragraph (1) of the Law shall be in accordance with Table No. 1-3.
(2) Documents to be attached to the application of the preceding paragraph in accordance with the provisions of Article 27-3 paragraph (1) of the Law shall be the note of radio station matters and the document describing construction types and the form shall be in accordance with Table No. 2-11.
(Examination and Blanket Licensing)
Article 20-9.
Any Directors-General of the Regional Bureaus of Telecommunications shall, where it is deemed that an application for renewal of license of specified radio stations conforms to each item of Article 27-4 of the Law after the examination of the application in accordance with the provisions of the same items of the same article, designate the following matters, and grant a license for radio station.
i) Type of radio waves and frequency
ii) Antenna power
iii) Number of designated radio stations