Chapter V. Miscellaneous Provisions



(Conditions for Registration, Etc.)
Article 163.
(1)  Conditions may be attached to registration(except the registration of Article 86 paragraph (1).  The same shallapply in the following paragraph.), authorization, permission or approval(except the technical conditions compliance approval.  The same shallapply in the following paragraph.) and such conditions may be changed.

(2)  Conditions of the preceding paragraphshall be, in light of the purposes of registration, authorization, permissionor approval, or the minimum necessary to facilitate the reliable executionof the matters pertaining to the registration, authorization, permissionor approval, and such conditions shall not be those imposing undue obligationson a person who is to be given said registration, authorization, permissionor approval.

(Exemption, Etc. from This Law)
Article 164.
(1)  The provisions of this Law shall notapply to the telecommunications business listed in the following items:

i)  Any telecommunications businesswhich exclusively provides telecommunications service to a single person(except one being a telecommunications carrier)
ii)  Any telecommunications business whichprovides telecommunications services with telecommunications facilitiesa part of which is to be established on the same premises (including theareas regarded as the same premises) or in the same building where anyother part thereof is also to be established, or with telecommunicationsfacilities which are below in scale the standards stipulated in the applicableministerial ordinance of the MIC
iii)  Any telecommunications business installingno telecommunications circuit facilities which provides telecommunicationsservices other than telecommunications services which intermediate communicationsof others by using telecommunications facilities
(2)  Notwithstanding the provisions of the precedingparagraph, the provisions of Article 3 and Article 4 shall apply to communicationsbeing handled by a person who operates a telecommunications business listedin each item of the preceding paragraph.

(Treatment of Local Public Entities OperatingTelecommunications Business Not for Profit)
Article 165.
(1) Any local public entity which intends tooperate a telecommunications business not for profit (limited to a telecommunicationsbusiness providing telecommunications services stipulated in the applicableministerial ordinance of the MIC as those having a comparatively significantinfluence on the users' benefit from the perspective of its content, thescope of users, etc.) shall, as specified in the applicable ministerialordinance of the MIC, submit a notification to that effect with documentsdescribing the matters listed in items of Article 16 paragraph (1) to theMinister.

(2) The local public entity which has submittedthe notification of the preceding paragraph shall be deemed to be a telecommunicationscarrier that has submitted a notification in accordance with the provisionsof Article 16 paragraph (1).  However, with respect to the applicationof provisions of Article 19 through Article 25, Article 30, Article 31,Article 33, Article 34, Article 36, Article 37, Article 40, Article 42,Article 44, Article 45, Article 52, Article 69, Article 70 and ChapterII Section 6, this shall not apply.

(Report and Inspection)
Article 166.
(1)  The Minister may, to the extent necessaryfor the enforcement of this Law, order telecommunications carriers, etc.to report on its business, or delegate any ministerial staff to enter businessoffices, business establishments or other workplaces belonging to the telecommunicationscarrier, etc. and to inspect its telecommunications facilities, accountbooks, documents and other articles.

(2)  The Minister may, to the extent necessaryfor the enforcement of this Law, order a person being given a technicalconditions compliance approval from a registered approval agency to reporton terminal equipment pertaining to said technical conditions complianceapproval, or to delegate any ministerial staff to enter business officesor workplaces belonging to said person being given said technical conditionscompliance approval, and to inspect said terminal equipment and other articles.

(3) The provisions of the preceding paragraphshall apply, mutatis mutandis, to a certified dealer or a notified supplier,respectively.  In this case, "said technical conditions complianceapproval" in the same paragraph shall be read as "certification of typeof terminal equipment given to said certified dealer" for the certifieddealer, and shall be read as "its notification" for the notified supplier.

(4)  The Minister may, to the extent necessaryfor the enforcement of this Law, order a designated examination agencyor the support institution to report on its services, or to delegate anyministerial staff to enter business offices or workplaces belonging tothe designated examination agency or the support institution, and to inspecta record book, documents and other articles.

(5) The provisions of the preceding paragraphshall apply, mutatis mutandis, to a registered approval agency.

(6)  The provisions of paragraph (2) shallapply, mutatis mutandis, to a person who has been given a technical conditionscompliance approval from a recognized approval body or a person who hasbeen given a certification of type of terminal equipment from a recognizedapproval body, respectively; the provisions of paragraph (4) shall apply,mutatis mutandis, to a recognized approval body.  In these cases,"technical conditions compliance approval" in paragraph (2) shall be readas "certification of type of terminal equipment" for a person who has beengiven a certification of type of terminal equipment.

(7)  Any ministerial staff who enters andinspects in accordance with the provisions of paragraph (1), or paragraph(2) (including the cases where paragraph (2) shall apply, mutatis mutandis,in paragraph (3) or the preceding paragraph) or paragraph (4) (includingthe cases where paragraph (4) shall apply, mutatis mutandis, in paragraph(5) or the preceding paragraph ) shall carry an identification card andshall produce it to the persons concerned.

(8)  The power of entry and inspection inaccordance with the provisions of paragraph (1), or paragraph (2) (includingthe cases where paragraph (2) shall apply, mutatis mutandis, in paragraph(3) or paragraph (6)) or paragraph (4) (including the cases where paragraph(4) shall apply, mutatis mutandis, in paragraph (5) or paragraph (6)),shall not be construed as being invested in the ministerial staff for thepurpose of detecting a crime.

(Submission of Terminal Equipment, Etc.)
Article 167.
(1) The Minister may, where the Minister has delegatedministerial staff to carry out inspection in accordance with the provisionsof paragraph (2) of the preceding article, when there was terminal equipmentthat is deemed to be extremely difficult to be inspected on site or articlesparticularly necessary for inspecting said terminal equipment, order aperson who has been given a technical conditions compliance approval froma registered approval agency to submit said terminal equipment or saidarticles within a term specified by the Minister.

(2) The State shall pay compensations to the person who has been given  said technical conditions complianceapproval for the loss caused by the order in accordance with the provisionsof the preceding paragraph.

(3) The loss to be compensated in accordance withthe provisions of the preceding paragraph shall be ordinary loss occurredby the order of paragraph (1).

(4) The provisions of the preceding three paragraphsshall apply, mutatis mutandis, to a certified dealer or a notified supplier,respectively.  In these cases, "paragraph (2) of the preceding article"in paragraph (1) shall be read as "paragraph (2) of the same article applied,mutatis mutandis, in paragraph (3) of the preceding article".

(5) In the cases where a person who has been givena technical conditions compliance approval is a foreign dealer, with respectto the application of the provisions of paragraph (1) through paragraph(3) to said foreign dealer, "order" in paragraph (1) shall be read as "request";"order" in paragraph (2) and paragraph (3) shall be read as "request".

(6) In the cases where a certified dealer is aforeign dealer, with respect to the application of the provisions of paragraph(1) through paragraph (3) applied, mutatis mutandis, in paragraph (4) tosaid foreign dealer, "order" in paragraph (1) shall be read as "request";"order" in paragraph (2) and paragraph (3) shall be read as "request".

(7) The provisions of paragraph (1) through paragraph(3) shall apply, mutatis mutandis, to a person who has been given a technicalconditions compliance approval from a recognized approval body or a personwho has been given a certification of type of terminal equipment from arecognized approval body, respectively.  In these cases, "paragraph(2) of the preceding article" in paragraph (1) shall be read as "paragraph(2) of the preceding article applied, mutatis mutandis, in paragraph (6)of the same article"; and "order" in paragraph (1) shall be read as "request";and "order" in paragraph (2) and paragraph (3) shall be read as "request".

(Consultation, Etc.)
Article 168.
The applicable cabinet order shall stipulatethe provisions with respect to the necessary procedures including consultationwith other administrative organizations concerned and the notice theretoin the cases where the Minister, in accordance with the provisions of this Law,establishes ordinances of the MIC (limited to those stipulated in the applicablecabinet order) or makes orders or other administrative dispositions (limitedto those stipulated in the applicable cabinet order) with respect to telecommunicationsbusiness (limited to those providing telecommunications services withoutinstalling telecommunications circuit facilities.  Hereinafter inthis article the same shall apply.), a person who performs conclusion ofcontracts as a business of intermediary, commission or procuration concerningthe provision of telecommunications services from other telecommunicationscarriers, or terminal equipment, or where notifications (limited to thosestipulated in the applicable cabinet order) relating to telecommunicationsbusiness have been submitted to the Minister.

(Inquiry of the Councils, Etc.)
Article 169.
The Minister shall, with respect to matters listed in thefollowing matters, inquire of the Councils, etc. (meaning those stipulatedin Article 8 of the National Government Organization Law (Law No. 120 of1948)) specified in the applicable cabinet order.  This shall notapply, however, to such matters as the Councils, etc. deem to be minor.

i)  Authorization of charges concerningspecified telecommunications services in accordance with the provisionsof Article 21 paragraph (2), authorization of interconnection tariffs inaccordance with the provisions of Article 33 paragraph (2), authorizationof agreement concerning interconnections with Category I designated telecommunicationsfacilities in accordance with the provisions of paragraph (10) of the samearticle, designation of eligible telecommunications carriers in accordancewith the provisions of Article 108 paragraph (1), authorization of theamount of compensations and provision methods in accordance with the provisionsof Article 109 paragraph (1), authorization of the amount of contributionsand collection methods in accordance with the provisions of Article 110paragraph (2) or authorization of support service rules in accordance withthe provisions of Article 79 paragraph (1) which shall apply, mutatis mutandis,in Article 116 paragraph (1)
ii)  Setting forth of the standard chargeindex in accordance with the provisions of Article 21 paragraph (1), designationof telecommunications carrier in accordance with the provisions of Article30 paragraph (1), designation of telecommunications carriers having specialrelations in accordance with Article 31 paragraph (1), designation of CategoryI designated telecommunications facilities in accordance with Article 33paragraph (1) or designation of Category II designated telecommunicationsfacilities in accordance with Article 34 paragraph (1)
iii)  Planning of establishment, amendmentor abolition of cabinet orders in accordance with the provisions of Article110 paragraph (1)
iv)  Establishment, amendment or abolitionof the applicable ministerial ordinances of the MIC in accordance with the provisionsof Article 7, Article 8 paragraph (3), Article 9 proviso, Article 20 paragraph(1), Article 21 paragraph (1), Article 26, Article 30 paragraph (1) orparagraph (5), Article 31 paragraph (2) proviso or paragraph (4), Article32 item iii), Article 33 paragraph (1), paragraph (3), paragraph (4) itemi) a), b) or e), or item ii), paragraph (5), paragraph (11), paragraph(13) or paragraph (14), Article 34 paragraph (1) or (5), Article 36 paragraph(1) or (2), Article 41 paragraph (1) or (2), Article 45 paragraph (1) proviso,Article 50 paragraph (1), Article 52 paragraph (1), Article 70 paragraph(1) item i), Article 108 paragraph (1) item i) through item iii) or paragraphs(3), Article 109 paragraphs (1) through (3), or Article 110 paragraph (1)or (2)


(Special Case of Hearing)
Article 170.
The chair for the hearing pertaining to administrativedispositions in accordance with the provisions of Article 14 paragraph(1), Article 47 (including the cases where Article 47 shall apply, mutatismutandis, in Article 72 paragraph (2)), Article 77 paragraph (3) (includingthe cases where Article 77 paragraph (3) shall apply, mutatis mutandis,in Article 116 paragraph (1)) or Article 126 paragraph (1) or Article 127paragraph (1) shall, when the party (parties) interested in the administrativedispositions have (has) requested to participate in the procedures of saidhearing in accordance with the provisions of Article 17 paragraph (1) ofthe Administrative Procedures Law, give permission for such request.

(Hearing in Procedures for Lodging Complaints)
Article 171.
(1)  Any arbitration or decision on an investigationrequest or a lodged of opposition with respect to an administrative dispositionmade in accordance with the provisions of this Law shall be effected afterhearings are held, with a prior notice being given for a reasonable timeperiod to the claimant for an investigation or the demurrant.

(2)  The prior notice of the preceding paragraphshall indicate the date, place and content of the case involved.

(3)  At the hearings of paragraph (1), theclaimant for an investigation or the demurrant and the person(s) interestedin the administrative disposition concerned shall be presented evidencesrelating to the case and be given opportunities to state their opinionson the case.

(Submission of Complaints or Opinions)
Article 172.
(1)  Any person who has complaints or otherviews on the cases of charge and other terms and conditions of telecommunicationsservices or the operations methods of telecommunications carriers, etc.may submit these, in the form of documents describing the reasons, to theMinister.

(2) The Minister, upon receipt of the opinion of the precedingparagraph, shall handle it in good faith and notify the results to thosewho have submitted it.

(Investigation Request on Administrative Dispositionsof Designated Examination Agency)
Article 173.
Any person who is dissatisfied with an administrativedisposition made by a designated examination agency in accordance withthe provisions of this Law may request the Minister to investigate under the AdministrativeAppeals Law (Law No. 160 of 1962).

(Fee)
Article 174.
(1)  Any person who intends to take theexamination for chief telecommunications engineers or installation technicians,who intends to obtain a registration in accordance with the provisionsof Article 86 paragraph (1) or who intends to obtain renewal of registrationin accordance with the provisions of Article 88 paragraph (1), who intendsto obtain a technical conditions compliance approval in accordance withthe provisions of Article 102 paragraph (1) or a certification of typeof terminal equipment in accordance with the provisions of Article 102paragraph (1) applied, mutantis mutandis, in Article 103, or who intendsto have a chief telecommunications engineer's license or an installationtechnician's license granted or re-granted, shall pay fees the amount ofwhich shall be specified in the applicable cabinet order in considerationof actual costs.

(2)  With respect to the fees of the precedingparagraph, those to be paid by persons who intend to take examination theaffairs of which shall be conducted by a designated examination agency,shall be the revenues of said designated examination agency, and the otherfees shall be the revenue of the National Treasury.

(Transitional Measures)
Article 175.
When orders should be established, amended orabolished in accordance with the provisions of this Law, necessary transitionalmeasures (including those relating to Penal Provisions) may be stipulatedin those orders to such extent as deemed to be reasonably necessary inestablishing, amending or abolishing those orders.

(Division of Business)
Article 176.
The work that is to be handled by the local governmentsof cities, towns and villages in accordance with the provisions of Article130 paragraph (2) and paragraph (3) (including the cases where these provisionsshall apply, mutatis mutandis, in Article 138 paragraph (4)), shall bethe item i) legal consignee business stipulated in Article 2 paragraph(9) item i) of the Local Autonomy Law.

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