Chapter V. Miscellaneous Provisions

(Communications Required to Be Made Urgently)
Article 55.

The communications as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 8 Paragraph (1) of the Law shall be the communications content of which is as defined in the left column of the following table and which are made by the organizations as listed in the right column:

Content of communications Organizations, etc.
i) In cases where fire, epidemic disease, serious traffic accidents or other situations threatening the safety of humans broke out or may break out, the matters requiring urgency in their prevention, relief, recovery, etc. (1) Between the organizations directly related to the prevention, relief, recovery, etc.
(2) Between a person who knew that situations listed in i) occurred or threatens to occur, and the organization in (1)
ii) Matters requiring urgency for maintenance of public order (1) Between police organizations
(2) Between coast guard organizations
(3) Between police organizations and coast guard organizations
(4) Between a person who knew that a crime was committed or threatens to be committed, and police organizations or coast guard organizations
iii) Matters requiring urgency with regard to the execution or result of an election of the Diet members or heads/assembly members of local governments Between election administration organizations
iv) Communications consisting of reporting on disaster situations in the event of a natural disaster, incident or other catastrophic accidents Between organizations of newspaper, etc.
v) Matters concerning reporting or warning of meteorological observation, hydrologic observation, observation of terrestrial phenomena or ground motion, which requires urgent reporting Between meteorological organizations
vi) Matters requiring urgency for maintenance of utility infrastructures for providing essential services for dailylives of the nationals, such as water, gas, etc. Between persons making communications as listed in vi)


(Suspension of Services)
Article 56.
The standards as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 8 Paragraph (2) of the Law shall be as follows:
i)
 In cases where, when organizations separately designated by the Minister of Public Management, Home Affairs, Posts and Telecommunications from among the following ones make important communications (meaning communications consisting of matters as stipulated under Article 8 Paragraph (1) of the Law; hereinafter the same shall apply), they restrict or suspend the interconnection of other communications:
a)
 Meteorological organizations
b)
 Flood prevention organizations
c)
 Fire service organizations
d)
 Disaster relief organizations
e)
 Organizations directly associated with maintenance of public order
f)
 Organizations directly associated with defense
g)
 Organizations directly associated with coast guard
h)
 Organizations directly associated with securement of transportation
i)
 Organizations directly associated with offering of communications services
j)
 Organizations directly associated with electric power supply
k)
 Organizations directly associated with water supply
l)
 Organizations directly associated with gas supply
m)
 Election administration organizations
n)
 Organizations such as newspapers
o)
 Financial institutions
p)
 Other organizations of the national or local governments which handle essential communications
ii)
 Communications suspended or restricted in the preceding item shall be necessary minimum to ensure essential communications.
(Reporting on Suspension, etc. of Services)
Article 57.

A person who intends to report pursuant to the provisions under Article 35 of the Law shall report, by an appropriate method, on the time, date and place, outline, reason or cause, measures taken and other referable information, immediately after the occurrence of an incident requiring reporting (with regard to incidents pertaining to leakage of secrecy of communications, after it comes to one's knowledge), and submit a report of the details thereof, in accordance with Form 50, within the time limits for reporting as prescribed in the right column of the table below, depending on the category of the reason for reporting as specified in the left column of the table:

Reporting Incidents Time Limits for Reporting
i) Suspension of part of telecommunications services pursuant to the provisions under Article 8 Paragraph (2) of the Law Within 30 days from the day when part of telecommunications services was suspended pursuant to Article 8 Paragraph (2) of the Law
ii) Leakage of secrecy of communications Within 30 days from the day when with regards to telecommunications services, the leakage of secrecy of communications comes to one's knowledge
iii) Significant accidents as specified under Article 58 Within 30 days from the day when that significant accident occurred


(Significant Accidents Requiring Reporting)
Article 58.
(1)
 Significant accidents as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 35 of the Law, which are accidents concerning Type I telecommunications business, shall be as follows:
i)
 Accidents that caused suspension of provision of telecommunications services due to failures of telecommunications equipment (including the ones caused by failure of telecommunications equipment of other telecommunications carriers), which are within the scopes as follows:
a)
 In the case of failures of telecommunications equipment in the subscriber line system, accidents where the number of users for whom the offering of telecommunications services was suspended due to failures of said telecommunications equipment is 30,000 or more and where the duration of suspension is two hours or more
b)
 In the case of failures of telecommunications facilities for the trunk line system, accidents that suspended the offering of telecommunications services for two hours or more due to failures of said telecommunications facilities. However, with respect to transmission line facilities, accidents are limited to those of which failures equal to or exceed 3,001 lines
ii)
 Accidents where, as a result of failures of satellites, submarine coaxial cables, and other essential telecommunications equipment, all communications using said telecommunications equipment are disabled for two hours or more
(2)
 Accidents as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 35 of the Law, which are related to Type II telecommunications business, shall be the accidents where the number of users for whom the offering of telecommunications services was suspended exceeds a half of the number of users of said Type II telecommunications business and where the duration of suspension is two hours or more.
(Standards for Scale)
Article 59.
Standards as defined in Article 90 Paragraph (1) Item ii) of the Law shall be that the total length of lines laid by a person who runs said telecommunications business shall be five kilometers.
Article 60.
Repealed.
(Identification Cards for On-Site Inspections)
Article 61.
A certificate as provided for under Article 92 Paragraph (2) of the Law shall be the certificate in accordance with Form 51.
(Public Notice and Advance Notice of Hearing)
Article 62.
(1)
 The Minister of Public Management, Home Affairs, Posts and Telecommunications shall, when intending to hear opinions pursuant to Article 96 of the Law, officially announce the date, place and a summary of the subject of the hearing, by no later than ten days prior to the date of the hearing.
(2)
 The Minister of Public Management, Home Affairs, Posts and Telecommunications shall, when intending to hear opinions, give advance notice of the date, place and a summary of the subject of the hearing, by no later than ten days prior to the date of the hearing, to persons pertaining to the disposition, or the demurrant or the claimant for an investigation.
(Hearing)
Article 63.
(1)
 The hearing shall be presided over by an official designated by the Minister of Public Management, Home Affairs, Posts and Telecommunications who serves as the chair.
(2)
 The chair may request officials from relevant office and ministries, experts and other specialists, for attendance in the hearing, when it is deemed necessary.
(3)
 A person who intends to attend the hearing as an interested party or their proxy shall submit a document describing a fact that they have an interest in said issue.
(4)
 In the hearing, the claimant for an investigation or the demurrant, or their proxies shall be first given an opportunity to state a summary of and the reason for the claim or request for investigation.
(5)
 In cases where the claimant for an investigation or the demurrant, or their proxy does not attend the hearing, the chair may substitute the statement with a recitation of said claim or request for investigation.
(6)
 The claimant for an investigation or the demurrant, or interested parties, or their proxies may present evidence or opinion at the hearing.
(7)
 The chair may restrict presentation of the statement or evidence as necessary for orderly proceedings.
(8)
 The chair may, when it is deemed necessary in order to maintain order of the hearing, order any person who disturbs the peace and order to leave the hearing.
(9)
 The chair may postpone or continue the hearing when it is deemed necessary.
(10)
 In cases where the chair postpones or continues the hearing in accordance with the provisions under the preceding paragraph, the chair shall set forth the date and place of the next hearing and issue public notice thereof, and inform the claimant for an investigation or the demurrant, or their proxies of the new setting.
(Minutes of Hearing)
Article 64.
(1)
 The chair shall prepare minutes in hearing opinions.
(2)
 The following matters shall be contained in minutes with chair's signature:
i)
 Subject of the case
ii)
 Date and place of the hearing
iii)
 Title and name of the chair
iv)
 Address and name of the claimant for an investigation or the demurrant, or their proxies
v)
 Address and name of the interested parties or their proxies in attendance
vi)
 Names of officials from the office and ministries, experts and other specialists in attendance
vii)
 A summary of the statement
viii)
 A summary of the evidence in cases where it was presented
ix)
 Other matters deemed to be referable
(3)
 The claimant for an investigation or the demurrant, or their proxies may examine the minutes of said case. This shall apply to those who clarified in writing that they have an interest in said case.
(Procedures for Submitting a Petition to the Minister of Public Management, Home Affairs, Posts and Telecommunications)
Article 64-2.
A person who submits a petition to the Minister of Public Management, Home Affairs, Posts and Telecommunications pursuant to the provisions under Article 96-2 of the Law shall file a petition describing the following matters:
i)
 Name or company name, address and contact address of the petitioner
ii)
 Company name and address of the telecommunications carrier who is the subject of the petition
iii)
 Content of the petition
iv)
 Reasons for the petition
v)
 Other matters deemed to be referable
(Telegram)
Article 65.
Entrustment of services pertaining to the telegram business under the provisions of Article 5 Paragraph (2) of the Supplementary Provisions of the Law shall be made according to the following manners:
i)
 In cases where Kokusai Denshin Denwa Co., Ltd. (in cases where said juridical person dissolved as the result of merger, a juridical person that survives after said merger or a juridical person established by said merger; hereinafter referred to as "Kokusai Denshin Denwa Co., Ltd." in this article and the following article) that was established pursuant to the Kokusai Denshin Denwa Co., Ltd. Law (Law No. 301 of 1952) prior to the abolition in accordance with the provisions under Article 1 of the Law Concerning Preparation, Etc. of Relevant Laws for Rationalization of East Nippon Telegraph and Telephone Corporation, West Nippon Telegraph and Telephone Corporation, or Regulations in Telecommunications Field (Law No. 58 of 1998) shall, when deemed it appropriate to entrust services pertaining to the telegram business to post offices, entrust the Minister of Public Management, Home Affairs, Posts and Telecommunications with the services.
ii)
 In cases where East Nippon Telegraph and Telephone Corporation, West Nippon Telegraph and Telephone Corporation, or Kokusai Denshin Denwa Co., Ltd. shall, when it is impossible to entrust the services as prescribed in the preceding item, entrust a person complying to the following conditions with said services:
a)
 A person not being the person falling under any item of Article 11 of the Law
b)
 A person who has no possibility to be an obstacle to ensuring secrecy of communications
c)
 A person having a thorough knowledge of the district pertaining to the entrustment, or a person who can perform entrusted services stably without fail
Article 66.
(1)
 East Nippon Telegraph and Telephone Corporation, West Nippon Telegraph and Telephone Corporation, or Kokusai Denshin Denwa Co., Ltd. shall specify addresses of destination, legitimate delivery and immunity reasons indemnifying delivery, with regard to delivery of telegrams (including delivery at offices handling industrial civil service related to the telegram and other acts equivalent to delivery; hereinafter the same shall apply), in the tariffs established with authorization from the Minister of Public Management, Home Affairs, Posts and Telecommunications, in accordance with Article 31-4 Paragraph (3) of the Law.
(2)
 In cases where a person who misdelivered a telegram returned the telegram to NTT or KDD, or informed to that effect, NTT or KDD shall compensate for the fees normally required for returning of the telegram or notification.
(Requirements for Equivalents to Telephone Subscriber's Rights as Defined under the Old Public Telecommunications Law)
Article 67.
(1)
 The requirements as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 9 Paragraph (2) of the Supplementary Provisions of the Law shall be the rights based on a contract to subscribe to telephone services as designated by the Minister of Public Management, Home Affairs, Posts and Telecommunications, provided that they meet the following items:
i)
 Telephones of which clerical work for exchanging the rights shall be carried out at offices of East Nippon Telegraph and Telephone Corporation or West Nippon Telegraph and Telephone Corporation
ii)
 Telephones not being radiotelephones as installed in automobiles, ships, aircraft, and other means of transportation
iii)
 Telephones which shall be telephones as installed pursuant to a contract between East Nippon Telegraph and Telephone Corporation or West Nippon Telegraph and Telephone Corporation and a specific person
(2)
 The designation under the preceding paragraph shall be officially noticed at the time of disposition of the authorization of tariffs as set forth by East Nippon Telegraph and Telephone Corporation or West Nippon Telegraph and Telephone Corporation who is a Type I telecommunications carrier as based on the provisions under Article 31-4 Paragraph (3) of the Law.
(3)
 Notwithstanding the provisions under the preceding two paragraphs, during the period when East Nippon Telegraph and Telephone Corporation or West Nippon Telegraph and Telephone Corporation offers their telecommunications services pursuant to then effective terms and conditions in accordance with the provisions under Article 8 Paragraph (2) of the Supplementary Provisions of the Law, the rights as based on the contract to which the then effective terms and conditions are applied for the subscriber telephone subscription contracts based on the Public Telecommunications Law (Law No. 97 of 1953; hereinafter referred to as the "Old Public Telecommunications Law") that was abolished pursuant to the provisions under Article 3 of the Supplementary Provisions of the Law, shall be considered to fall under the requirements under Article 9 Paragraph (2) of the Supplementary Provisions of the Law.
(Keeping, Etc. of Books on Telephone Subscriber's Rights, Etc.)
Article 68.
(1)
 East Nippon Telegraph and Telephone Corporation or West Nippon Telegraph and Telephone Corporation shall keep books containing the following matters concerning the telephone subscriber's rights in Article 9 Paragraph (1) of the Supplementary Provisions of the Law and the rights in Paragraph (2) of the same article (hereinafter named generically as "telephone subscriber's rights"):
i)
 Date of conclusion of the contract
ii)
 Telephone number
iii)
 Address or domicile and name of the user
iv)
 Place of the telephone installed
v)
 Types of telephone
vi)
 Effective date in the case of a transfer of telephone subscriber's rights
vii)
 Upon request for transfer of telephone subscriber's rights, or upon notification of attachment (including participation in attachment in the case of procedure for collection of tax delinquency (procedure for collection of national tax delinquency as defined by the National Tax Collection Law (Law No. 147 of 1959) and procedure for collection of tax delinquency as dealt with the case), sequestration or provisional disposition, the acceptance date (month, day, year) and the number as registered in accordance with Article 38-3 Paragraph (1) of the Old Public Telecommunications Law, which shall remain in force pursuant to the provisions under Article 9 Paragraph (1) of the Supplementary Provisions of the Law after the law came into force, or which shall be dealt with as in the provision of Paragraph (2) of the same article.
(2)
 The books under the preceding paragraph shall be kept in the office of East Nippon Telegraph and Telephone Corporation or West Nippon Telegraph and Telephone Corporation in which clerical work concerning said contract is carried out. However, in cases where the books are prepared by electromagnetic recording and the recorded matters are immediately accessible at offices handling the clerical work concerning said contract, this shall not apply.
(3)
 The interested parties may request a certificate of matters as contained in the books referred to in Paragraph (1), by paying the fees as fixed by East Nippon Telegraph and Telephone Corporation or West Nippon Telegraph and Telephone Corporation.
(Method of Application, Etc.)
Article 69.
(1)

A person who intends to file an application, notification, or petition as referred to in the left column of the following table (hereinafter referred to as "application, etc.") shall file an application, etc. via Directors-General of Regional Bureau of Telecommunications as shown in the right column of the table (including Director of Okinawa Office of Posts and Telecommunications; hereinafter the same shall apply).

Application, etc. Director-General of Regional Bureau of Telecommunications
i) Application for permission as stipulated in Article 9 Paragraph (1), Article 14 paragraph (1) or Article 18 Paragraph (1) of the Law; application for authorization as stipulated in Article 15 Paragraph (1), Article 16 Paragraph (1) or (2), Article 17 Paragraph (2) or Article 18 Paragraph (3) of the Law; application as stipulated in Article 12 Paragraph (3) of the Law (including cases to which the provisions of Article 14 Paragraph (4) of the Law shall apply mutatis mutandis); OR notification as stipulated in Article 12 Paragraph (5) (including cases to which the provisions of Article 14 Paragraph (4) of the Law shall apply mutatis mutandis), Article 13 or Article 14 Paragraph (2) Director-General of Regional Bureau of Telecommunications exercising jurisdiction over the services areas pertaining to said Type I telecommunications business (in cases where the service area extends over the area over which jurisdiction is exercised by more than two Directors-General of Regional Bureau of Telecommunications, either of those Directors-General of Regional Bureau of Telecommunications)
ii) Registration as stipulated in Article 24 Paragraph (1) of the Law or application for registration of changesas stipulated in Article 27 Paragraph (1); notification pursuant to the provisions under Article 27 Paragraph (4), Article 23 to which the provisions of Article 30 shall apply mutatis mutandis, Article 31-3 Paragraph (1) or Article 31-4 Paragraph (9); application for award pursuant to Article 39 Paragraph (3) or (4) to which the provisions of Article 39-6 of the Law shall apply mutatis mutandis, or petition pursuant to Article 39-4 Paragraph (1) (limited in either case to the ones carried out by Special Type II telecommunications carriers); OR application for authorization pursuant to Article 40 of the Law (limited to the ones pertaining to Special Type II telecommunications business) Director-General of Regional Bureau of Telecommunications having jurisdiction over the address of the person who is operating said Special Type II telecommunications business
iii) Application for authorization as stipulated in Article 31-4 Paragraph (3), Article 49 Paragraph (1) or Article 52 Paragraph (1) Item i), or Article 40 of the Law (limited to the ones pertaining to Type I telecommunications business); notification pursuant to Article 31 Paragraph (1) or Article 31-4 Paragraph (5); OR application for award as stipulated in Article 39 Paragraph (3) or (4) to which the provisions of Article 39-6 of the Law shall apply mutatis mutandis, or petition as stipulated in Article 39-4 Paragraph (1) of the Law (limited in either case to the ones performed by Type I telecommunications carriers) Director-General of Regional Bureau of Telecommunications having jurisdiction over the service areas of said Type I telecommunications carriers (in cases where the service area extends over the area over which jurisdiction is exercised by more than two Directors-General of Regional Bureau of Telecommunications, either of those Directors-General of Regional Bureau of Telecommunications)
iv) Application for confirmation as stipulated in Article 12 Paragraph (4) of the Law (including cases to which the provisions of Article 14 Paragraph (4) of the Law shall apply mutatis mutandis); application for authorization as stipulated in Article 39-3 Paragraph (1) or Article 85 Paragraph (4); notification as stipulated in Article 38-2 Paragraph (9), Article 38-4 Paragraph (1), Article 39-3 Paragraph (5) or Article 85 Paragraph (1) of the Law (limited to the ones performed by Type I telecommunications carriers); petition as stipulated in Article 39 Paragraph (1) or (2), or Article 39-4 Paragraph (1) of the Law (limited to the ones performed by Type I telecommunications carriers); application for award as stipulated in Article 39 Paragraph (3) or (4) (including cases to which the provisions of Article 39-4 Paragraph (2) of the Law shall appy mutatis mutandis); OR application for designation as stipulated in Article 86 Paragraph (1) of the Law(2) A person who intends to file a notification pursuant to the provisions under Article 22, Article 23 Paragraphs (2) through (4), or Article 43 of the Law, or a person who intends to file an application for award pursuant to Article 39 Paragraph (3) of the Law to which the provisions of Article 39-6 of the Law shall apply mutatis mutandis shall file said notification or application for award by way of a Director-General of Regional Bureau of Telecommunications who has jurisdiction over the person's address. Director-General of Regional Bureau of Telecommunications having jurisdiction over the location of installation of telecommunications facilities pertaining to said application, etc. (in cases where the location of installation extends over the area over which jurisdiction is exercised by more than two Directors-General of Regional Bureau of Telecommunications, either of those Directors-General of Regional Bureau of Telecommunications)


(Filing by Electromagnetic Methods)
Article 70.
(1)
 The documents as being submitted to the Minister of Public Management, Home Affairs, Posts and Telecommunications pursuant to the provisions under this ministerial ordinance may be submitted through recoding media, on which entries of these documents are recorded, pertaining to recording by electromagnetic methods (meaning electronic, magnetic or other methods not allowing recognition by human perception; hereinafter the same shall apply) as officially notified separately by the Minister of Public Management, Home Affairs, Posts and Telecommunications.
(2)

In cases where the documents are to be submitted on electromagnetic recording media pursuant to the provision under the preceding paragraph, the documents containing the name and address of the person who files an application or notification and the date (month day, year) of the application or notification shall be attached thereto.

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