| Radio Law Article 4. Any person who wishes to establish a radio station shall obtain a license from the Minister. (Omitted) |
1. Procedures for obtaining a radio station license
Any person who wishes to establish a radio station shall obtain a radio station license from the Minister.
Where a radio station is to be established for the purpose of operating a telecommunications business, the licensee concerned shall be a telecommunications carrier.
Establishment of a radio station means to install radio equipment and to have it operated by persons who are capable of emitting radio waves, thereby constituting a radio station. An application for a radio station license shall include the following documents:
i) A radio station license application form
ii) Documents attached thereto describing the following matters:
• Documents describing radio station matters and construction types
As of October 1997, exceptional licensing of specified radio stations (Blanket License) took effect. In applying for a license of specified radio stations, submission of the following documents is required:
i) A specified radio station license application form
ii) Documents attached thereto describing the following matters:
• Specified radio station matters and construction designs
With respect to such radio stations as cordless phones and PHS terminals using radio equipment with low antenna power, if a certificate is granted under the system for certification of conformity with the technical regulations for specified radio equipment, no radio station license is required.
Any application for radio station (except those specified in the applicable MIC ordinance) which uses frequencies for which the Minister issues a public notice, shall be filed within a period specified in another public notice of the Minister.
2. Examination
1) Pre-permit (provisional license)
The Minister, in addition to examination pertaining to the reasons for disqualification, shall confirm that:
i) Ensure the construction design conforms to the technical regulations as specified in the Radio Law.
ii) Ascertain the assignment of a radio frequency is deemed possible.
iii) The application meets the essential standards for establishment of radio stations as stipulated in the applicable MIC ordinance.
A pre-permit (provisional license) will be issued after the Minister has confirmed the above.
In cases where a new radio station for the use of telecommunications business that a new telecommunications carrier wishes to establish, when the radio station is deemed to be important and special for radio regulation, a pre-permit (provisional license) may be issued upon receipt of a favorable reply to the Minister's inquiry from the Radio Regulatory Council.
In addition, any application for radio station listed in Article 6 paragraph (7) of the Radio Law (except those specified in the applicable MIC ordinance), which uses frequencies for which the Minister issues a public notice, shall be examined in accordance with the examination standards specified in another public notice of the Minister after the public comment procedures based upon the "Public Comment Procedure concerning the Development or Abolition of Regulations (Cabinet Decision of March 23, 1999)." After the examination in line with the applicable laws and regulations, when the application is deemed to meet the requirements under the examination standards abovementioned, the Minister shall issue a provisional license.
2) Standard processing period
The standard processing periods vary with the type of the radio stations, for example, the licensing procedure takes a month and a half for a base station and one month for a land mobile station.
3) Reasons for disqualification
In principle, no license shall be granted to any person who has foreign nationality. However, the following radio stations are waived from disqualification:
i) Experimental radio stations, specified ship radio stations, specified aircraft radio stations, amateur radio stations;
ii) Fixed radio stations for the diplomatic use of foreign embassies or organizations (based on the principle of diplomatic reciprocity);
iii) Land mobile radio stations, portable radio stations and base radio stations communicating with those radio stations; and
iv) Radio stations established for the purpose of conducting telecommunications service.
A license nevertheless may not be granted to any person or body who has been punished for a crime against the Radio Law or the Broadcast Law, or any person whose radio station license was revoked, if a period of two years has not yet elapsed since the day the sentence was served out or the day of revocation.
4) Inspection after provisional licensing
A full license will be provided for those with provisional licenses upon passing inspection of radio equipment and operators after completion of the radio station.
However, for inspections of radio equipment, etc., where a document of inspection results written by a registered inspector (including a registered foreign inspector) registered by the Minister are submitted, the Minister may use a system that partially curtails the inspection process (Registered Inspector System), which has become available for use.
Note: Regional Bureaus of Telecommunications and the Okinawa Office of Posts and Telecommunications (hereinafter referred to as "Regional Bureaus of Telecommunications, etc.") are registering registered inspectors and recording/maintaining the list of registered inspectors for making them public. For further information, please contact Regional Bureaus of Telecommunications, etc. Also, the list of registered inspectors based on the Registration Book of Registered Inspectors can be retrieved and accessed at:
http://www.tele.soumu.go.jp/j/proc/check/look.htm
[Regional Bureaus of Telecommunications, etc. for access to the Registration Book of Registered Inspectors]
1. In cases where a registered inspector is registered under a blanket registration through its headquarters: a Regional Bureau of Telecommunications, etc. of competent jurisdiction located in a region where said headquarters locates.
2. In cases where each branch/office of a registered inspector is registered: a Regional Bureau of Telecommunications, etc. of competent jurisdiction located in a region where said each branch/office locates.
3. In case of a registered foreign inspector (an inspector carrying out inspection of radio facilities, etc. in a foreign country): Kanto Regional Bureau of Telecommunications
[Prefectures under jurisdiction of each Regional Bureau of Telecommunications, etc.]
• Hokkaido (Hokkaido Regional Bureau of Telecommunications)
• Aomori, Iwate, Miyagi, Akita, Yamagata and Fukushima (Tohoku Regional Bureau of Telecommunications)
• Ibaraki, Tochigi, Gunma, Saitama, Chiba, Tokyo, Kanagawa and Yamanashi (Kanto Regional Bureau of Telecommunications)
• Niigata and Nagano (Shin-etsu Regional Bureau of Telecommunications)
• Toyama, Ishikawa and Fukui (Hokuriku Regional Bureau of Telecommunications)
• Gifu, Shizuoka, Aichi and Mie (Tokai Regional Bureau of Telecommunications)
• Shiga, Kyoto, Osaka, Hyogo, Nara and Wakayama (Kinki Regional Bureau of Telecommunications)
• Tottori, Shimane, Okayama, Hiroshima and Yamaguchi (Chugoku Regional Bureau of Telecommunications
• Tokushima, Kagawa, Ehime and Kochi (Shikoku Regional Bureau of Telecommunications)
• Fukuoka, Saga, Nagasaki, Kumamoto, Oita, Miyazaki and Kagoshima (Kyushu Regional Bureau of Telecommunications)
• Okinawa (Okinawa Office of Posts and Telecommunications)
5) Simplified licensing procedures, etc.
With respect to radio equipment, such as cellular telephones, that use base stations having antenna power of a specified value or less, provided that a Technical Regulations Conformity Certification has been granted from a registered certification agency as meeting the technical regulations, a license may be obtained through a simplified licensing procedure that bypasses the need for a pre-permit (provisional licensing) and the inspection thereafter.
6) Other required procedures
i) Procedures required to meet the Radio Regulations (RR) of the International Telecommunication Union (ITU)
When constructing and operating a satellite communications network, international coordination and notification procedures in accordance with the RR is necessary.
Upon application for licensing of artificial satellite and earth stations, coordination status with existing or planned satellite communications networks of relating administrations is to be confirmed.
When the territory of other administrations lie within the coordination area of an earth station, the coordination with such administrations is also needed.
ii) Qualification of radio operator
As a rule, operation of radio equipment at radio stations shall be handled by a chief radio operator or a person under the supervision of a radio operator in full charge.
a) Procedures for obtaining radio operator license
Passing the state examination or completing a training course, then applying for a license and receiving the license.b) Forms needed in applying for radio operator license
• Application form
• Certificate indicating name and date of birth
• Photographs
• Medical certificate (Note)
Note: Limited to a person with visual or hearing disabilities, etc. and cases where deemed to be especially necessary
3. Certification of Conformity with Technical Regulations for Specified Radio Equipment
1) Outline
i) This is the system for certifying that "Specified Radio Equipment (SRE)" such as cellular phones and cordless telephones conforms to technical regulations prescribed in the Radio Law. (SRE is used for small-scale radio stations and specified in the MIC ordinance.)
ii) With respect to SRE with a mark specified in the applicable MIC ordinance, there are major benefits for licensees that simplified licensing procedures are applied or no license is required. (Refer to <2. 5) Simplified licensing procedure, etc.>.)
2) Procedures for "Certification of Conformity with Technical Regulations," etc.
i) "Certification of Conformity with Technical Regulations" and "Certification of Construction Type"
Manufacturers, etc. may, by obtaining a certification on each SRE or each construction design (type) of SRE through examination by a registered certification body, affix the mark specified in the applicable MIC ordinance to the SRE.
ii) Self-Confirmation of Technical Regulations Conformity of Special Specified Radio Equipment
With respect to special specified radio equipment (of specified radio equipment, that specified in the applicable MIC ordinance as the one which rarely causes interference or other disturbance that severely jam the operation of other radio stations), manufacturers, etc. may, by verifying the Technical Regulations Conformity of Special Specified Radio Equipment each type themselves and by submitting a notification to the Minister, affix the mark specified in the applicable MIC ordinance to the special specified radio equipment.
3) Certification bodies
• With respect to all specified radio equipment
Telecom Engineering Center (TELEC)
Tel.: +81-3-3799-9033
URL: http://www.telec.or.jp/ENG/Index_e.htm
• With respect to special specified radio equipment for radio stations requiring no license
DSP Research, Inc.
Tel.: +81-6-6369-0177
http://www.dspr.co.jp/
Chemitox, Inc.
Tel.: +81-3-3727-7111
http://www.chemitox.co.jp/eng/top.html
TÜV Rheinland Japan
Tel.: +81-45-592-1371
http://www.jpn.tuv.com/jp/en/index.html
4) Exceptions in line with the mutual recognition between Japan and the European Community and the Republic of Singapore in relation to conformity assessment of specified equipment
In line with the enforcement of the "Agreement on Mutual Recognition between Japan and the European Community" (hereinafter referred to as the "Japan-EU Agreement") on January 1, 2002, the "Law for Implementation of the Mutual Recognition between Japan and the European Community in Relation to Conformity Assessment of Specified Equipment" was enforced.
In line with the enforcement of the "Japan-Singapore Economic Agreement for a New Age Partnership" including the mutual recognition (hereinafter referred to as the "Japan-Singapore Agreement") on November 30, 2002, in order to provide for necessary measures for the mutual recognition with Singapore, the "Law to Amend Part of the Agreement on Mutual Recognition between Japan and the European Community" was enforced. (The name of the law after the amendment is the "Law for Implementation of the Mutual Recognition between Japan and the European Community and the Republic of Singapore in Relation to Conformity Assessment of Specified Equipment (Law No. 111 of 2001)"; hereinafter referred to as the "Law" in this 4).)
Under Article 33 of the Law, exceptions under the Radio Law are stipulated that specified radio equipment:
i) certified as complying with the technical regulations by a conformity assessment body (registered foreign conformity assessment body) registered in accordance with the Japan-EU Agreement and the Japan-Singapore Agreement.;
ii) based on a construction type certified by a registered foreign conformity assessment body as complying with the technical regulations with the mark as stipulated in the applicable MIC ordinance shall be regarded as specified radio equipment.