Chapter I. General Provisions


(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.

(Definitions)
Article 2.
In this Law, with respect to the meaning of the terms given in the following items, the definition specified in each item shall apply:

i)  "Telecommunications" means transmitting, relaying or receiving codes, sounds or images by wire, radio or any other electromagnetic method.
ii) "Telecommunications facilities" means machines, equipment, wires and cables or other electrical facilities for the operation of telecommunications.
iii)  "Telecommunications service" means intermediating communications of others through the use of telecommunications facilities, or any other acts of providing telecommunications facilities for the use of communications of others.
iv)  "Telecommunications business" means business to provide telecommunications services in order to meet the demand of others (except business related to facility supplying broadcast services stipulated in Article 52-10 paragraph (1) of the Broadcast Law (Law No. 132 of 1950), wire radio broadcasting stipulated in Article 2 of the Law to Regulate the Operation of Cable Sound Broadcasting Service  (Law No. 135 of 1951), to wire broadcast telephone service stipulated in Article 2 paragraph (1) of the Law Regarding Wire Broadcast Telephones (Law No. 152 of 1957), to wire television broadcasting service stipulated in Article 2 paragraph (1) of the Cable Television Law (Law No. 114 of 1972), and to the acceptance of applications for the use of the cable television broadcasting facility in accordance with the provisions of Article 9 of said Cable Television Law).
v)  "Telecommunications carrier" means any person who has obtained registration stipulated in Article 9 to operate a telecommunications business, and has submitted a notification under the provisions of Article 16 paragraph (1).
vi)  "Telecommunications activities" means business activities of a telecommunications carrier for providing a telecommunications service.
(Prohibition of Censorship)
Article 3.
No communications being handled by a telecommunications carrier shall be censored.

(Protection of Secrecy)
Article 4.
(1)  The secrecy of communications being handled by a telecommunications carrier shall not be violated.
(2)  Any person engaged in the telecommunications business shall, while in office, maintain the secrets of others that have come to be known with respect to communications being handled by the telecommunications carrier.  The same shall apply even after this person's retirement from office.

(Treaty with Respect to Telecommunications Business)
Article 5.
Where the provisions are expressly specified in treaties with respect to telecommunications business, the provisions therefor shall prevail over this Law.

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