(Operation of Radio Equipment)
Article 39.
(1) No other person than the radio operator who is allowed to engage in the operation of radio equipment in accordance with the provisions of Article 40 (meaning radio operators who hold the ship radio operator attestation of Article 48-2 paragraph (1), with respect to the operation of radio equipment of a compulsory ship station, etc. which is specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications; the same shall apply in this article) may operate radio equipment (except easy-to-operate radio equipment specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications) unless the person is under the control of anyone who is appointed as a supervisor (hereinafter referred to as "radio operator in full charge") to operate radio equipment of a radio station (except amateur radio station; the same shall apply in this article) and has notified the appointment in accordance with the provisions of paragraph (4). However, this shall not apply to the case where a ship or aircraft is unable to supplement any radio operator due to being in navigation, or which is specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
(2) The operation of radio telegraphy by transmitting and receiving Morse code signals and the operation of radio equipment specified in the ordinance of the Minister of Public Management, Home Affairs, Posts and Telecommunications shall be conducted by a radio operator in accordance with the provisions of Article 40, irrespective of the main clause of the preceding paragraph.
(3) The radio operator in charge shall be a radio operator who is capable of supervising the operation of radio equipment in accordance with the provisions of Article 40, with no reference to particulars specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
(4) A licensee of a radio station shall notify without delay the Minister of Public Management, Home Affairs, Posts and Telecommunications when the licensee appoints a radio operator in charge. The same shall apply to the case where the licensee discharges a radio operator in charge.
(5) A radio operator in charge for whom an appointment has been notified of in accordance with the provisions of the preceding paragraph shall perform with integrity the duties specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications, with respect to supervising the operation of radio equipment.
(6) Anyone who is engaged in operating radio equipment under the supervision of a radio operator in charge, for whom an appointment has been notified of in accordance with the provisions of paragraph (4) shall observe any instruction of the radio operator in charge which is granted considering its necessity for performing the duties of the preceding paragraph.
(7) A licensee of radio station (except that specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications) shall order a radio operator in charge, for whom an appointment has been notified of in accordance with the provisions of paragraph (4) to take a training course, every certain period specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications, which the Minister of Public Management, Home Affairs, Posts and Telecommunications organizes for supervision of operation of the radio equipment.
(Designated Training Agency)
Article 39-2.
(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications may designate a person (hereinafter referred to as "designated training agency") to hold the training courses of paragraph (7) of the preceding article (hereinafter referred to simply as "training courses").
(2) The designation of a person as a designated training agency shall be made upon an application by the person who wishes to hold the training courses, according to categories specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
(3) When appointing a designated training agency, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall not organize the training courses related to the category, for which the designation was made.
(4) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall not designate a designated training agency unless the Minister recognizes application of paragraph (2) satisfies all of the following items:
i) Plans to execute training business on staff, equipment, methods for executing training business and other issues are adequate for proper and sure execution of training business.
ii) The applicant has sufficient financial base for proper and sure execution of plans to execute training business of the preceding item.
iii) In the case where the applicant is conducting business other than training business, there is no fear that the business does not have unfair influence on the training.
iv) There is no fear that the designation impairs proper and sure execution of training business of category concerning the application.
(5) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall not designate a designated training agency for those who filed application of paragraph (2) falls under any of the following items:
i) Any person other than a juridical person established under the provisions of Article 34 of the Civil Code (Law No. 89 of 1896)
ii) Any person who has been sentenced to a penalty in accordance with this Law, if a period of two years has not yet elapsed since the day on which the sentence was fulfilled or exempted from the execution.
iii) Any person whose designation was revoked in accordance with the provision of Article 38-14 paragraph (1) or paragraph (2), which are applied, mutatis mutandis, to the following item, if a period of two years has not yet elapsed since the day on which the revocation was made.
iv) Any person, any of whose officers fall under item ii)
(6) The provisions of Article38-4, Article 38-7 paragraph (2) and Articles 38-8 through 38-15 shall apply, mutatis mutandis, to the designated training agency. In this case, "technical regulations conformity certification" in Article 38-4 paragraphs (1) and (2), Article 38-7 paragraph (2), Articles 38-8, 38-10 and 38-11, Article 38-12 paragraph (1), Article 38-13 paragraph (1), Article 38-14 paragraphs (2) and (3), and Article 38-15 shall be read as "training course"; "staff (including certification examiners)" in Article 38-7 paragraph (2) shall be read as "staff"; "Article 38-3 paragraph (2) each item (item ii)" in Article 38-14 paragraph (1) shall be read as "Article 39-2 paragraph (5) each item (item iii)"; "this Chapter" in Article 38-14 paragraph (2) item i) shall be read as "this Chapter which applies to the provisions of Article 39-2 paragraph (6)"; "Article 38-3 paragraph (1) each item (item v)" in Article 38-14 paragraph (2) item ii) shall be read as "Article 39-2 paragraph (4) each item (item iv)"; "Article 38-6 paragraph (2), Article 38-8 paragraph (2)" in Article 38-14 paragraph (3) item iii) shall be read as "Article 38-8 paragraph (2)," and; "Article 38-2 paragraph (3)" in Article 38-15 paragraph (1) shall be read as "Article 39-2 paragraph (3)."
(Operation of Radio Equipment in Amateur Radio Stations)
Article 39-3.
The operation of radio equipment in amateur radio stations shall be conducted by a radio operator in accordance with the provisions of the following article. However, this shall not apply to the case where the operation of radio equipment of an amateur radio station is conducted in accordance with the provisions of the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications by anyone who holds a qualification, in a foreign country, which is specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications as equivalent qualification to those qualifications specified under the same article paragraph (1) item v), and which is specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
(Qualifications of Radio Operators)
Article 40.
The qualifications of radio operators shall be those referred to in the following items corresponding to categories in the following items.
i) Qualifications of Radio Operators for General Service:
a) First-Class Radio Operator for General Service
b) Second-Class Radio Operator for General Service
c) Third-Class Radio Operator for General Service
ii) Qualifications of Radio Operators for Maritime Service:
a) Maritime First-Class Radio Operator
b) Maritime Second-Class Radio Operator
c) Maritime Third-Class Radio Operator
d) Maritime Fourth-Class Radio Operator
e) Maritime Special Radio Operators specified in the applicable cabinet order
iii) Qualifications of Radio Operators for Aeronautical Service:
a) Aeronautical Radio Operator
b) Aeronautical Special Radio Operators specified in the applicable cabinet order
iv) Qualifications of Technical Radio Operators for On-the-Ground Service:
a) First-Class Technical Radio Operator for On-the-Ground Service
b) Second-Class Technical Radio Operator for On-the-Ground Service
c) On-the-Ground Special Radio Operators specified in the applicable cabinet order
v) Qualifications of Radio Operators for Amateur Service
a) Amateur First-Class Radio Operator
b) Amateur Second-Class Radio Operator
c) Amateur Third-Class Radio Operator
d) Amateur Fourth-Class Radio Operator
(2) The act of a radio operator with the qualifications referred to in items i) through iv) of the preceding paragraph, or the scope of conducting supervision of operation of radio equipment by the radio operator, or the scope of operation of radio equipment by a radio operator with the qualification referred to in item v) of the same paragraph, are specified in the cabinet order according to the qualifications.
(Licensing)
Article 41.
(1) Any person who wishes to be a radio operator shall obtain a license from the Minister of Public Management, Home Affairs, Posts and Telecommunications.
(2) A license of radio operator shall be granted to a person who falls under any of the following items (in the case where a person falls under items ii) through iv), except those who are prohibited to take an examination for the period specified in the latter part of the provisions of Article 48 paragraph (1) and yet are within the periods):
i) One who has passed the state examinations for radio operator which are executed according to the qualifications of paragraph (1) of the preceding article.
ii) One who has completed the training course of radio operators with the qualifications (that which is only specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications) of the paragraph (1) of the preceding article, which is attested by the Minister of Public Management, Home Affairs, Posts and Telecommunications that it satisfies the regulations specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
iii) One who has graduated from school as having mastered subjects related to radio communications specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications, corresponding to the categories of schools referred to in the following items based on the School Education Law (Law No. 26 of 1947), with respect to the qualification (that which only specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications) of the paragraph (1) of the preceding article:
a) A university or college (except a junior college)
b) A junior college or technical college
c) A senior high school or a junior high school
iv) Any person who holds qualifications of the paragraph (1) of the preceding article, career in service and other requirements which are specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications, as possessing knowledge and ability equivalent to, or more than, those specified in the preceding three items, according to the qualifications of paragraph (1) of the preceding article (that which specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications).
(Cases Not to Grant Licenses)
Article 42.
The Minister of Public Management, Home Affairs, Posts and Telecommunications may not grant a radio operator license to a person who falls under any of the following items:
i) A person who has been sentenced to a fine or severer penalty for a crime of Chapter IX, if a period of two years has not elapsed since the day when the sentence was served out or the stay of execution was expired.
ii) A person whose radio operator license has been revoked in accordance with the provisions of Article 79 paragraph (1) or item iii), if a period of two years has not elapsed since the day of the revocation.
iii) A person who is not suitable for a radio operator due to any serious physical or mental deficiency.
(Original Register of Radio Operators)
Article 43.
The Minister of Public Management, Home Affairs, Posts and Telecommunications shall maintain the original register of radio operators and enter therein particulars related to licenses.
(State Examinations for Radio Operators)
Article 44.
State examinations for radio operator shall be executed with regard to knowledge and technical proficiency necessary for the operation of radio equipment.
Article 45.
The Minister of Public Management, Home Affairs, Posts and Telecommunications shall execute state examinations for radio operators at least once a year for each qualification category of Article 40.
(Designation of Examination Executing Agencies)
Article 46.
(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications may designate a person (hereinafter referred to as "designated examinations executing agency") and order the person to conduct all or a part of operations related to the execution of state examinations for radio operators (hereinafter referred to as "examination service").
(2) The designation of a person to a designated examinations executing agency shall be made upon an application by a person who wishes to conduct the examination service, to only one agency according to each category specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
(3) When designating a designated examination executing agency, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall not conduct the examination service related to the category, for which the designation was made.
(4) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall not designate a designated examination executing agency for those who filed application of the paragraph (2) fall under any of the following items:
i) Any person other than a juridical person established based on the provisions of Article 34 of the Civil Code (Law No. 89 of 1896)
ii) Any person who has been sentenced to a penalty in accordance with this Law, if a period of two years has not yet elapsed since the day on which the sentence was fulfilled or exempted from execution.
iii) Any person whose designation was revoked in accordance with the provisions of Article 38-14 paragraphs (1) or (2) which apply in Article 47-4, if a period of two years has not yet elapsed since the day on which the revocation was made.
iv) Any person, any of whose officers fall under any of following items:
a) Any person who falls under item ii)
b) Any person who were dismissed by an order based on the provision of Article 47-2 paragraph (3), if a period of two years has not yet elapsed since the day of the dismissal.
(Execution of Examination Business)
Article 47.
In conducting the examination service, the designated examinations executing agency shall order a person who satisfies the requirements specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications (hereinafter referred to as "examination executor") to conduct service to determine examinees' knowledge and ability required for radio operators.
(Selection and Dismissal of Officers, Etc)
Article 47-2.
(1) Selection and dismissal of officers of a designated examination executing agency shall not be valid without receiving approval of the Minister of Public Management, Home Affairs, Posts and Telecommunications.
(2) A designated examination executing agency shall, upon selection or dismissal of examination executors, notify the fact to the Minister of Public Management, Home Affairs, Posts and Telecommunications.
(3) In the case where officers or executors of a designated examination executing agency violate this Law, orders based on this Law or administrative dispositions based thereon, or operational rules under Article 38-8 paragraph (1), which applies, mutatis mutandis, to Article 47-4, the Minister of Public Management, Home Affairs, Posts and Telecommunications may order the designated examination executing agency to dismiss those officers or executors.
(Business Plan, Etc.)
Article 47-3.
A designated examination executing agency shall, in each business year, compile a business plan and a revenues and expenditures budget, and obtain approval of the Minister of Public Management, Home Affairs, Posts and Telecommunications before the start of said business year (in a business year which the day of the designation belongs to, after the designation without delay). The same shall apply to the case when the designated examination executing agency changes a business plan or a revenues and expenditures budget.
(Provisions Applicable Correspondingly)
Article 47-4
The provisions of Article 38-4, Article 38-7, Article 38-8, Article 38-9 paragraph (2), Articles 38-10 through 38-15 and Article 39-2 paragraph (4) (except item iv))shall apply, mutatis mutandis, to the designated examination executing agency. In this case, "technical regulations conformity certification service" in Article 38-4 paragraphs (1) and (2), Articles 38-7, 38-8, 38-11, Article 38-12 paragraph (1), Article 38-13 paragraph (1), Article 38-14 paragraphs (2) and (3), and Article 38-15, and "technical regulations conformity certification" in Article 38-10, and "training business" in Article 39-2 paragraph (4) shall be read as "examination service of Article 46 paragraph (1)"; "certification examiner" in Article 38-7 shall be read as "examination executor of Article 47"; "Any officer (where a designated certification agency which is not a juridical person, those who have obtained designation of designated certification agency. The same shall apply to the following paragraph and Article 110-2, and Article 113-2.)" in Article 38-7 paragraph (1) shall be read as "officers"; "Article 38-3 paragraph (2) each item (item ii)" in Article 38-14 paragraph (1) shall be read as "Article 46 paragraph (4) each item (item iii)"; "this Chapter" in Article 38-14 paragraph (2) item i) shall be read as "this Chapter which shall apply, mutatis mutandis, to the provisions of Articles 47 through 47-3 or Article 47-4"; "Article 38-3 paragraph (1) each item (item v)" in Article 38-14 paragraph (2) item ii) shall be read as "Article 39-2 paragraph (4) each item (item iv)"; "Article 38-6 paragraph (2), Article 38-8 paragraph (2) or Article 38-11" in Article 38-14 paragraph (2) item iii) shall be read as "Article 38-8 paragraph (2), Article 38-11 or Article 47-2 paragraph (3)"; "Article 38-2 paragraph (3)" in Article 38-15 paragraph (1) shall be read as "Article 46 paragraph (3)"; "paragraph (2)" in Article 39-2 paragraph (4) shall be read as "Article 46 paragraph (2)" and "training" in Article 39-2 paragraph (3) shall be read as "examination service of Article 46 paragraph (1)".
(Suspension of Taking Examinations, Etc.)
Article 48.
(1) When an illegal act is committed with respect to the state examinations for radio operators, the Minister of Public Management, Home Affairs, Posts and Telecommunications may suspend an examinee related to the illegal act from taking the examinations or may regard these examinations as void. In this case, the Minister may prohibit the examinee from taking further examinations for a specified period.
(2) The designated examinations executing agency may execute the authority of the Minister of Public Management, Home Affairs, Posts and Telecommunications provided in the former part of the preceding paragraphs with respect to executing the examination service.
(Ship Station Radio Operator Attestation)
Article 48-2.
(1) Anyone who wishes to operate or conduct supervision of radio equipment in compulsory ship stations, etc. which is specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications of the main clause of Article 39 paragraph (1), may receive a ship station radio operator attestation, upon an application to the Minister of Public Management, Home Affairs, Posts and Telecommunications.
(2) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall designate ship station radio operator attestation when anyone who applies for ship station radio operator attestation holds an appropriate qualification of radio operator specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications and falls under any of the following items:
i) When the applicant has completed the training course for operation, or supervision of operation, of radio equipment in compulsory ship stations, etc., which the Minister of Public Management, Home Affairs, Posts and Telecommunications organizes for applicants.
ii) The applicant has completed a training course which has been attested by the Minister of Public Management, Home Affairs, Posts and Telecommunications and has contents equivalent to those of the training course of the preceding item, if a period of five years has not elapsed since the day of completion.
(3) The provisions of Article 42 (except item iii)) shall apply, mutatis mutandis, to the ship station radio operator attestation. In this case, "Article 79 paragraph (1) item i)" in item ii) of the same article shall be read as "Article 79 paragraph (1) item i) which shall apply, mutatis mutandis, in Article 79 paragraph (2)".
(Losing Validity of Ship Station Radio Operator Attestation)
Article 48-3.
The ship station radio operator attestation shall lose its validity when anyone who has obtained the ship station radio operator attestation falls under any of the following items after the date of receiving it.
i) When a person is not engaged in operation or supervision of the operation of radio equipment in compulsory ship stations, etc. which is specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications of the main clause of Article 39 paragraph (1), or in radio stations specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications during a period of five years starting on the completion day of the training course for compulsory ship station, etc. and does not complete either the training course which the Minister of Public Management, Home Affairs, Posts and Telecommunications organizes for operation, or supervision of operation, of radio equipment in ship stations for people having ship station radio operator attestation, or the training course which the Minister attests that it has contents equivalent during that period.
ii) A person who has not been engaged in the operation of the preceding item during an uninterrupted period of five years and has not completed any of the training courses of the preceding item during that period.
iii) A person who no longer holds the qualifications of radio operator of paragraph (2) of the preceding article.
iv) A person whose ship station radio operator attestation has been suspended for a period of more than five years in accordance with the provisions of Article 79-2 paragraph (1).
(Commission to the Ordinances of the Ministry of Public Management, Home Affairs, Posts and Telecommunications)
Article 49.
In addition to particulars provided in Articles 39 and 41 through the preceding article, particulars related to subjects of training courses and other particulars related to holding training courses, procedural particulars related to applications for a license, issue, reissue, and return, of licenses, and other particulars related to radio operators license, and particulars related to recognition of Article 41 paragraph (2) item ii), particulars related to examination subjects, procedures for examinations, and other detailed particulars for executing state examinations for radio operator, applications for ship station radio operator attestation and issue, reissue, and return, of certificates of ship station radio operator attestation, training courses which the Minister of Public Management, Home Affairs, Posts and Telecommunications organizes in accordance with the provisions of Article 48-2 paragraph (2) item i), and item i) of the preceding article, and attestation of Article 48-2 paragraph (2) item ii), and item i) of the preceding article, and other particulars related to executing ship station radio operator attestation shall be specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
(Station of a Distress Traffic Operator in Charge, Etc.)
Article 50.
(1) Compulsory ship stations on board passenger ships or ships of 300 gross tons or more engaged on international voyages shall station distress traffic operator in charge (meaning a person who manages the particulars related to communications on board referred to in Article 52 item i) through item iii)), who is the radio operators specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications and who holds a ship station radio operator attestation.
(2) In addition to the requirements provided in the preceding paragraph, when determining necessary, the Minister of Public Management, Home Affairs, Posts and Telecommunications may specify, in accordance with the provisions of the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #, the number of radio operators by qualification categories (including qualifications of radio operators in charge and the ship station radio operator attestation) to be stationed at radio stations.
# The Regulations for Enforcement of the Radio Law, Article 36.
(Notification on Appointment and Discharge)
Article 51.
The provisions of Article 39 paragraph (4) shall apply, mutatis mutandis, to appointment and discharge of radio operators other than radio operators in charge.