Chapter VI.

Technical Conditions, Etc.VI-1. Self-Confirmation of Compliance of Telecommunications Facilities by Telecommunications Carriers

Telecommunications Business Law
(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.


(Regulations for Telecommunications Facilities for Telecommunications Business (MIC ordinance))

Telecommunications Business Law
(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".


(Articles 27-4 and 27-5 of the Regulations for Enforcement of the Telecommunications Business Law (MIC ordinance))

Any telecommunications carrier installing telecommunications circuit facilities and any telecommunications carrier providing universal telecommunications services shall confirm itself that telecommunications facilities for use of their telecommunications business are in compliance with the technical conditions, before they start operating said telecommunications facilities, and shall submit a notification to that effect to the Minister.
Upon submission of notification, documents (connection block diagrams, manuals, etc.) specified in each item of Article 27-5 of the Regulations for Enforcement of the Telecommunications Business Law shall be attached to an application of Form 20-2.


VI-2. Administrative Rules for Telecommunications Facilities for Telecommunications Business

Telecommunications Business Law
(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) (Omitted)


(Articles 28 and 29 of the Regulations for Enforcement of the Telecommunications Business Law (MIC ordinance))

1) Procedures for submission of administrative rules
Any telecommunications carrier shall, prior to the commencement of its telecommunications business, establish the "administrative rules governing telecommunications facilities for telecommunications business (hereinafter referred to as the "administrative rules")" in accordance with Article 44 of the Telecommunications Business Law and submit a notification of the administrative rules to the Minister (via the Regional Bureaus of Telecommunications (or the Okinawa Office of Posts and Telecommunications)).
Directors-General of the Regional Bureaus of Telecommunications, etc. shall, when deemed that there is no problem with entries of said notification of the administrative rules, accept them.


i) Necessary documentation
The following documentation as stipulated in Article 28 of the Regulations for Enforcement of the Telecommunications Business Law:


• Notification of administrative rules (Form 21)
• Administrative rules
ii) Entries of administrative rules
• Matters concerning the duties and organization of the persons who manage the activities for construction, maintenance, or operation of commercial telecommunications facilities
• When a Chief Telecommunications Engineer cannot conduct duties due to a disease, accident, and other reasons, matters concerning the person who carries out duties for the chief
• Matters concerning education to the persons engaged in construction, maintenance, or operation of telecommunications facilities for telecommunications business
• Matters concerning the patrol, checking, and inspection as related to the construction, maintenance, and operation of telecommunications facilities for telecommunications business
• Matters concerning the operation of telecommunications facilities for telecommunications business
• Matters concerning concealment of communications as associated with construction, maintenance, and operation of telecommunications facilities for telecommunications business
• Matters concerning information security measures corresponding to the construction, maintenance, and operation of telecommunications facilities for telecommunications business
• Matters concerning reporting, recording, and countermeasures to be taken in the event of an accident in relation to the construction, maintenance, and operation of telecommunications facilities for telecommunications business
• Matters concerning the measures to be taken in case of a disaster and other emergency situations
• Other matters required to ensure steady and stable provision of telecommunications services in relation to construction, maintenance, and operation of telecommunications facilities for telecommunications business

VI-3. Appointment and Dismissal of Chief Telecommunications Engineers

Telecommunications Business Law
(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.


(Articles 3, 3-2 and 4 of the Regulations for Chief Telecommunications Engineer (MIC ordinance))

When a telecommunications carrier installing telecommunications facilities for telecommunications business has appointed chief telecommunications engineers in accordance with paragraph (1) of Article 45 in the Telecommunications Business Law, it shall submit a notification for appointment or dismissal of chief telecommunications engineers to the Minister (via Directors-General of the Regional Bureaus of Telecommunications (or the Okinawa Office of Posts and Telecommunications)) in accordance with paragraph (2) of the same article.
Directors-General of the Regional Bureaus of Telecommunications, etc. shall, when deemed that there is no problem with entries of said notification for appointment or dismissal of chief telecommunications engineers, accept it.


i) Necessary documentation
Documents stipulated in Article 4 of the Regulations for Chief Telecommunications Engineer
• Form of Notification for Appointment or Dismissal of Chief Telecommunications Engineer (in cases falling under iii), report on posting)


ii) Appointment of Chief Telecommunications Engineer
Based on Article 3 of the Regulations for Chief Telecommunications Engineer, the chief telecommunications engineer selected from persons who work at the site on a full-time basis and have chief telecommunications engineer's licenses is to be appointed at each working site according to the following table.

Work 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

iii) Cases where requiring appointment of no Chief Telecommunications Engineer
Where meeting the following requirements, it is allowed that a telecommunications carrier even installing telecommunications facilities for telecommunications business does not need to appoint a chief telecommunications engineer.


a) The area of installed telecommunications facilities for telecommunications business is within an area of one city, town or village (in cases of a special ward and a designated city, within one ward).
b) The number of users within said area is 29,999 or less.
c) A person who is deemed to have a given period of work experience or a capacity equivalent to the given period of work experience or higher is posted.
(e.g., A person, etc. who has graduated from a university, junior college or college of technology with a degree in telecommunications engineering and has the work experience of a given period in the work of operation, etc. of telecommunications facilities for telecommunications business)


However, the chief telecommunications engineer appointed at one site can serve concurrently as the chief telecommunications engineer to be appointed at other sites, if the site conforms to each of the following items in accordance with the MIC Notice No. 231 of 1985, "On the Appointment of Chief Telecommunications Engineers." Furthermore, there is no requirement as to the nationality of the chief telecommunications engineer.


a) If necessary the chief telecommunications engineer or the concurrent chief telecommunications engineer can reach the site from the working place where the engineer is at work in short order.
b) In case of failure of the telecommunications facilities directly supervised at the site, emergency measures must be taken immediately such as switching to a backup system.
c) If necessary the concurrent chief telecommunications engineer, etc. can be informed easily on the matters related to the installation, maintenance and operation of telecommunications facilities at the site.
d) The result of patrol, inspection and testing at the site must be reported to the concurrent chief telecommunications engineer, etc.
e) In addition, the concurrent chief telecommunications engineer, etc. can exercise its functions of the supervision at the site without any difficulties.

VI-4. Technical Requirements for Connection of Terminal Facilities

Telecommunications Business Law
(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.


(Ordinance Concerning Terminal Facilities, Etc. (MIC ordinance))
(Articles 30-2, 31, 31-2 of the Regulations for Enforcement of the Telecommunications Business Law (MIC ordinance))

Telecommunications Business Law
(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)


(Ordinance Concerning Terminal Facilities, Etc. (MIC ordinance), Article 30-2 of the Regulations for Enforcement of the Telecommunications Business Law (MIC ordinance))

1. Procedures for obtaining authorization for technical requirements


Although in principle it is the government that decides the technical conditions, if such technical conditions cannot be established primarily by the government, a telecommunications carrier may be granted authorization from the Minister to set forth their own technical requirements. When deciding upon a technical requirement, any of the following is being met.


i) In cases where trends in technological development and international standardization would accelerate changes in technical requirements
ii) In cases where frequent expansion or addition of service contents by a telecommunications carrier is expected
iii) In cases where since a market is small, which is not expected to rapidly gain users in the coming years
iv) In cases of a service which is not provided by two or more telecommunications carriers


Upon application for authorization of technical requirements, an application of Form 23 to which the draft of technical requirements is attached shall, in accordance with Article 30 of the Regulations for Enforcement of the Telecommunications Business Law, be submitted.


2. Examination


The Minister shall authorize an application for technical requirements, when meeting the matters of Article 52 paragraph (2) of the Telecommunications Business Law.


1) Standard processing period
Two month

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