Chapter IV.
Rights-of-Way
(Application
for Authorization of Use of Land, Etc.)
Article 41.
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A Type
I telecommunications carrier who intends to obtain authorization as referred
to in Article 73 Paragraph (1) shall submit an application of Form 39
to the Minister of Public Management, Home Affairs, Posts and Telecommunications.
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(Notification
of Matters Decided upon Consultation)
Article 42. |
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In
cases where a Type I telecommunications carrier and an owner of land,
etc. (in cases where there is a person who uses the land based on titles
other than ownership, the person and the owner; hereinafter the same shall
apply) intend to file an application under Item vi) of Article 73 of the
Law, where the consultation as stipulated in Article 73 Paragraph (1)
of the Law leads to an agreement, shall submit a notification of Form
40 within ten days from the day when the consultation comes to an agreement
to the Minister of Public Management, Home Affairs, Posts and Telecommunications.
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(Application
for Award on Use of Land, Etc.)
Article 43. |
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A Type
I telecommunications carrier who intends to apply for award as referred
to in Article 74 Paragraph (1) of the Law shall submit a certified copy
and duplicate copy of the application of Form 41 (in cases where there
are two or more municipalities where the land, etc. to be used is located,
the same number of copies as the number of such municipalities) to the
Minister of Public Management, Home Affairs, Posts and Telecommunications,
by attaching thereto a construction plan and a drawing showing the plan.
However, in cases where an application for award on extension of duration
of rights to use is to be made, the construction plan and the drawing
showing the plan need not be submitted.
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(Application
for Permission of Temporary Use of Land, Etc.)
Article 44. |
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A Type
I telecommunications carrier who intends to obtain permission as referred
to in Article 78 Paragraph (2) of the Law (including cases to which the
provisions of Article 79 Paragraph (2) shall apply mutatis mutandis) shall
submit a notification of Form 42 to the Minister of Public Management,
Home Affairs, Posts and Telecommunications.
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(Application
of Permission of Felling, Etc. of Trees and Foliage)
Article 45. |
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A Type
I telecommunications carrier who intends to obtain permission as referred
to in Article 81 Paragraph (1) of the Law shall submit an application
of Form 43 to the Minister of Public Management, Home Affairs, Posts and
Telecommunications.
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(Application
for Award on Indemnity)
Article 46. |
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In
cases where a Type I telecommunications carrier or a person who suffered
a loss intends to apply for award as referred to in Article 82 Paragraph
(2) of the Law, the person shall submit an application of Form 44 to a
relevant prefectural governor, within six months calculating from the
day when the loss happened.
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(Application
for Award on Relocation, Etc. of Lines)
Article 47. |
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A Type
I telecommunications carrier or an owner of land, etc. who intends to
apply for award referred to in Article 83 Paragraph (3) of the Law shall
submit a certified copy and a duplicate copy (in cases where there are
two or more municipalities where the lines are located, the same number
of copies as the number of such municipalities) of the application of
Form 45 to the Minister of Public Management, Home Affairs, Posts and
Telecommunications.
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(Reading)
Article 47-2. |
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In
cases where, in the application for award referred to in Article 74
Paragraph (1) or Article 83 Paragraph (3) of the Law, the land to be
used is located in the following places, the term "municipalities"
used in the provisions under Article 43 and the preceding article shall
be read as the words as stipulated under each item: |
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i) |
A "special
ward" in the case of Tokyo where 23 special ward (23 Cities) is located |
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ii) |
A "ward"
in the case of designated cities as referred to in Article 252-19 Paragraph
(1) of the Local Autonomy Law (Law No. 67 of 1947) |
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iii) |
"Special
Local Public Entity for Comprehensive Service Operations" in the
case of land where special municipalities for total office work are located
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iv) |
"Special
Local Public Entity for Service Operations" in the case of land where
special municipalities for office work are located
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(Application
for Authorization Concerning Use of Public Waters)
Article 48. |
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A
Type I telecommunications carrier who intends to obtain authorization
as referred to in Article 85 Paragraph (4) of the Law shall submit a
certified copy and a duplicate copy (in cases where the relevant prefectural
governors who issued a notification in accordance with Paragraph (2)
of the same article are two or more, the same number of duplicate copies
as the number of such governors) of the application of Form 46 to the
Minister of Public Management, Home Affairs, Posts and Telecommunications.
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(Application
for Designation of Protective Areas of Underwater Cables, Etc.)
Article 49. |
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(1) |
A
Type I telecommunications carrier who intends to obtain designation
of protective areas as referred to in the provisions under Article 86
Paragraph (1) of the Law shall submit an application of Form 47 to the
Minister of Public Management, Home Affairs, Posts and Telecommunications,
with drawings showing the location of underwater cables attached thereto.
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(2) |
In
cases where, for protective areas as designated pursuant to the provisions
under Article 86 Paragraph (1) of the Law, such designation is no longer
necessary, a Type I telecommunications carrier shall immediately submit
a notification to that effect to the Minister of Public Management, Home
Affairs, Posts and Telecommunications accordingly.
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(Installation
of Landmarks)
Article 50.
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(1) |
Within
two weeks from the day of designation of a protective area, a Type I
telecommunications carrier shall install a landmark as referred to in
Article 86 Paragraph (3) of the Law near the landing point of the underwater
cable to ensure that the protective area is indicated.
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(2) |
The
format of the landmark in the preceding paragraph shall be in accordance
with Form 48.
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(Public
Notice of Location of Landmarks)
Article 51. |
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Within
three weeks from the day of designation of a protective area, a Type
I telecommunications carrier shall issue a public notice indicating
the location of the landmark under the preceding article by running
the public notice on daily newspapers or by using other methods, to
ensure that it is known to relevant fishing businesses.
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(Measures
for Removal of Landmarks as Result of Revocation of Designation Regarding
Protective Areas)
Article 52. |
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(1) |
In
cases where the designation as regards the protective area has been
revoked, a Type I telecommunications carrier shall remove its landmarks
immediately.
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(2) |
The
provisions under the preceding article shall apply mutatis mutandis to
the cases in the preceding paragraph.
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(Format
of Landmarks)
Article 53. |
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The
format of the landmark placed on buoys as referred to in Article 88
of the Law shall be in accordance with Form 49.
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(Prohibited
Range Due to Laying, Etc. of Underwater Cables, Etc.)
Article 54. |
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(1) |
The
range as specified under the applicable ministerial ordinance of the Ministry
of Public Management, Home Affairs, Posts and Telecommunications in accordance
with Article 88 of the Law shall be as follows: |
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i) |
From vessels engaged
in the laying or repairing of underwater cables and showing a symbol
indicating that activities, the distance range as defined in the following
table by sea area and gross tonnage:
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Gross
Tonnage of Marine Vessels
Sea
area |
10,000
tons or more |
Under
10,000 tons |
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Adjacent sea areas of the port area as defined in Article 2 of the
Port Regulation Law (Law No. 174 of 1948), of the sailing route
as defined in Article 2 Paragraph (1) of the Maritime Traffic Safety
Law (Law No. 115 of 1972), and of the sailing route as defined in
Article 30 Paragraph (1) Item i) of the same law |
200m |
100m |
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Sea areas, as stipulated in Article 1 Paragraph (2) of the Maritime
Traffic Safety Law, to which the same law applies (except sea areas
under the preceding item) |
400m |
200m |
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Sea areas outside of the sea areas as prescribed in the preceding
two items |
1,000m |
500m |
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ii) |
Within
a 100-m range from the buoy that indicates the location of an underwater
cable being laid or repaired showing a symbol indicating that activities
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(2) |
In
cases where the captain of the vessel engaged in the laying or repairing
of underwater cables approved navigation within the range as defined in
the preceding item and the navigation does not hinder the laying or repairing
of the underwater cables, the range shall be a range excluding the approved
portion
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Chapter IV-2.
Telecommunications Business Dispute-Settlement Commission
(Facilities for
Which Agreement, Etc. on Use or Operations Are Subject to Mediation,
Etc.)
Article 54-2.
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The
facilities as specified under the applicable ministerial ordinance of
the Ministry of Public Management, Home Affairs, Posts and Telecommunications
in accordance with Article 6 Paragraph (3) of the Cabinet Order for Enforcement
of the Telecommunications Business Law (Cabinet Order No. 75 of 1985)
shall be as follows: |
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i) |
Facilities
used for handling a database (an aggregate of information pertaining to
users defined in Article 20 Paragraph (3) of the Law (hereinafter referred
to as "users" in this item) which has been configured systematically
to enable retrieval thereof through use of a computer) and other user
information |
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ii) |
Non-utility
power generator facilities, closures (meaning facilities used to interconnect
transmission line facilities at its end to another transmission line facilities),
and other land, etc. (meaning land, etc. as defined under Article 73 Paragraph
(1) of the Law) or facilities installed as auxiliary facilities to telecommunications
facilities |
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iii) |
Facilities used
for offering exclusive services or provided based upon contract of use
(except the ones listed in the preceding two items)
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