(Released on April 15, 2004)

Summary of Radio Regulatory Council Meeting (No. 882)



1. Date and Time
  On March 17, 2004 (Wednesday)
From 16:00 to 18:09

2. Location
  MIC (Ministry of Internal Affairs and Communications) meeting room
(Meeting room No. 1001 on the 10F)

3. Attendees (Honorifics omitted)
(1) Members of the Radio Regulatory Council
  Yasuhiko Yasuda (Chairperson), Takeo Inokuchi (Vice-Chairperson), Koshiko Kodate, Hatsuko Ukigawa
(2) Radio Regulatory Council Hearing Examiner
  Taku Kiyasu
(3) Secretary
  Masao Okamoto (Deputy Director of General Affairs Division, Telecommunications Bureau)
(4) MIC (Ministry of Internal Affairs and Communications)
  Takechi (Director-General of Information and Communications Policy Bureau), Fujioka (Deputy Director-General), Takeda (Director-General of Radio Department), and others

4. Minutes of the Meeting

(1) Draft MIC ordinance to amend respective portions of Regulations for Enforcement of the Radio Law and Regulations for Operating Radio Stations
(Consultation No. 6)
      This consultation was on the MIC ordinance draft mentioned in the title. The draft pertains to amendment of the International Convention for the Safety of Life at Sea (SOLAS Convention). The MIC provided the below explanation, and a Q&A session took place.
 Article 99-12-(1) of the Radio Law stipulates the hearing of opinions concerning this issue. Taku Kiyasu was assigned as the hearing examiner to preside over the opinion hearing procedure.
a. Explanation by MIC
   Sept. 11 terrorist attacks in 2001 triggered reconsideration on the significance of maritime security. As a result of various discussions on measures to reinforce maritime security, the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea by IMO (International Maritime Organization), which took place in December 2002, adopted the amendment of the SOLAS Convention. In response to this situation, domestic laws shall be revised.
 In concrete terms, Regulations for Enforcement of the Radio Law shall be revised as follows:
1) Installation of the Ship Security Alert System (SSAS) shall be mandatory for all passenger ships, and other ships with a gross weight of 500 tons or more, that are engaged in international navigation from July 1, 2004
2) The designated number of Search and Rescue Transponders (SART) that must be installed on specified passenger ships (ferryboats, etc.) shall be changed
3) The implementation date for introduction of the Automatic Identification System (AIS), which has been introduced systematically from July 1, 2002, shall be front-loaded. Additionally, the Regulations for Operating Radio Stations shall be amended to require constant AIS operation
b. Main content of the Q&A session
  - There is a regulation that stipulates equipment of more than one SART for every four lifeboats. The council asked, "what will be done for unequipped boats."The MIC explained that “one for every four lifeboats” is nothing more than a numerical standard and that, in actual terms, people may take the SART from the wrecked ship onto the lifeboat. The MIC answered that this amendment shall be interpreted as a mere increase in numbers.

(2) Draft for partial amendment of the Frequency Assignment Plan
(Consultation No. 7)
   This consultation was regarding a draft for partial amendment of the Frequency Assignment Plan. The MIC provided the below explanation, and a Q&A session took place. The council deliberated the draft, deemed it appropriate, and submitted a report.
a. Explanation by MIC
   This draft aims to amend the Frequency Assignment Plan to increase frequencies assigned for radio control purposes.
 Radio control is used for hobbies and industrial purposes. In recent years, there has been an increase in the number of industrial purpose radio controlled helicopters used for farm work (e.g. crop-dusting). Moreover, there have been requests from the local authorities to increase frequencies, with the structural reform scheme in the background. Four frequencies shall be assigned for industrial-purpose radio control. With the six already assigned frequencies, a total of ten frequencies will be assigned for this purpose.
b. Main content of the Q&A session
  - The council confirmed that this amendment will be applied nationwide, and not only to Structural Reform Special Districts. The MIC answered that since the amendment will effect the overall frequency assignment, the change will be applied on a nationwide level.

(3) Survey result and assessment on FY 2003 Survey on Actual Radio Spectrum Usage
(Consultation No. 8)
   This consultation was regarding the FY 2003 Survey on Actual Radio Spectrum Usage result and assessment. The MIC provided the below explanation, and a Q&A session took place. The council deliberated the result and assessment, deemed them appropriate, and submitted a report.
a. Explanation by MIC
   The dissemination of portable phones and wireless access has evoked demand for radio waves. To meet such demand, discussion is required for frequency reallocation. To start discussions, the Radio Law was amended in 2002, and a new system to conduct a Survey on Actual Radio Spectrum Usage was introduced. This consultation pertains to evaluation of the radio wave usage efficiency based on the result of the FY 2003 Survey on Actual Radio Spectrum Usage.
 The survey covered radio stations in service at the point of March 31, 2003 and using the frequency band exceeding 3.4GHzgigahertz - the radio stations included both licensed radio stations and those not requiring a license (approx. 100 thousand stations). Surveyed items included the number of licensees and radio stations; the amount of traffic; the actual status of use; status of technology introduction for effective use of radio waves; digitalization and the like; and the possibility of shifting to alternative systems such as optical fiber technology. The survey was carried out nationwide, by area under the jurisdiction of the eleven Regional Telecommunications Bureaus. It was based on the information in the Comprehensive Radio Station Management System Database and questionnaire reports that were sent to licensees.
 The survey results were summarized by classifying target radio stations by radio station system types. Assessment was made by dividing the frequency band into 27 bands, and the radio stations thus classified were further classified by system. Assessment matters included distribution of radio stations, utilization of radio equipment pertaining to radio stations, the possibility of shifting to alternative systems such as those that use optical fiber and the status of improvement in operating systems.
 For some frequency bands, this survey assessed that systems that use optical fiber can be introduced as an alternative to radio systems, or that a transition to other frequency bands can be implemented. The assessment further commented that, for some frequency bands, it is appropriate to investigate introducing a means to utilize frequencies efficiently, such as digitalization or a digitalized narrow-band system. For other frequency bands used by systems that utilize the radio spectrum, frequency use was summarily assessed as appropriately used.
 Based on this survey result, priority for improving efficiency in radio spectrum use shall be placed on the following seven frequency classifications:
1) 3.4 to 3.6GHzgigahertz (broadcasting transmission system)
2) 3.6 to 4.2GHzgigahertz (fixed wireless system for telecommunications service)
3) 4.4 to 5.0GHzgigahertz (fixed wireless system for telecommunications service)
4) 5.25 to 5.85GHzgigahertz (meteorological radar)
5) 13.25 to 15.4GHzgigahertz (television image transmission system from helicopter)
6) 15.4 to 21.2GHzgigahertz (wireless system in premises)
7) 59 to 66GHzgigahertz
 As for the official means used to announce the survey results and assessment outline, the MIC is planning to use the Internet, and make them available to the public at the Telecommunications Bureau, Regional Telecommunications Bureau, etc. of the MIC.
b. Main content of the Q&A session
  - The council asked when and how frequency reallocation will be accomplished in concrete terms based on assessment results. The question was if the reference to the 3.4 to 3.6GHzgigahertz band that states, "it is appropriate to transfer by 2011"also applies to other frequencies. The MIC explained that the Frequency Assignment Plan will be changed at an early date for the wireless access system (4.9 to 5.0GHzgigahertz) for which it has been deemed appropriate to propose transition to another frequency band or an alternative system, and the due date for termination of use will be decided. As for other frequency bands for which it has been deemed appropriate to consider an alternative system or transition, the MIC plans to concretely discuss the details with concerned parties. The MIC answered that since this survey investigates and assesses the same frequency band every three years, the plan will be reviewed as necessary.

(4) Draft for MIC ordinance to amend respective portions of the Regulations for Enforcement for the Broadcast Law and the Essential Standards for Establishing Broadcasting Stations
(Consultation No. 1 of January 14, 2004)
   This consultation was regarding the draft for the MIC ordinance to amend the parts of the Regulations for Enforcement of the Broadcast Law and the Essential Standards for Establishing Broadcasting Stations pertaining to review of the rule to exclude concentration of mass media. The council deliberated the case based on the written opinions and written statements submitted by the hearing examiner who presided over the opinion hearing procedure (cf. No. 389: Written Opinion from Hearing on Opinions from the Radio Regulatory Council). The council deemed the case appropriate and submitted a report.

(5) Draft to amend respective portions of the Basic Plan for Broadcast Dissemination and the Plan for the Available Frequencies Allocated to Broadcasting
(Consultation No. 2 of January 14, 2004)
   This consultation was regarding the draft for public notice mentioned in the title. It pertains to provision of BS broadcasting (BS analog broadcasting [2 channels of NHK and one channel of WOWWOW] and BS broadcasting on channel 9) by facility-supporting broadcasters in Japan and the use of channel 9,which is presently used for analog Hi-Vision broadcasting that will end in 2007, for digital broadcasting from 2007. The council deliberated the case based on the written opinions and written statements submitted by the hearing examiner who presided over the opinion hearing procedure (cf. No. 390: Written Opinion from Hearing on Opinions from the Radio Regulatory Council). The council deemed the case appropriate and submitted a report.

(6) Approval for service of renting out a transponder in the BS-3N broadcast satellite owned by Japan Broadcasting Corp.
(Consultation No. 9)

(7) Approval for renting out Japan Broadcasting Corp. broadcasting equipment
(Consultation No. 10)
   The MIC presented the below explanation concerning the above two consultations pertaining to approval for service of renting out a transponder in the BS-3N broadcast satellite owned by Japan Broadcasting Corp. (hereinafter referred to as NHK), and approval for renting out NHK broadcasting equipment. A Q&A session took place. The council deliberated the cases, deemed them appropriate, and submitted a report.
a. Explanation by MIC
   The consultation in this case was on approval for service, etc. of renting out a transponder in NHK's BS-3N broadcast satellite. NHK submitted an application on March 9, 2004 for approval of a service to rent out a transponder in its BS-3N broadcast satellite to Broadcasting Satellite System Corporation (hereinafter referred to as B-SAT) and approval for renting out the said transponder to B-SAT in accordance with Article 9-(8) and Article 47-(1) of the Broadcast Law.
 B-SAT, as a facility-supporting broadcaster entrusted by NHK, broadcasted BS digital broadcasting programs by using the BSAT-2a transponder. However, since trouble occurred in the said transponder on February 14 of this year, programs are being broadcasted by BSAT-2c, the backup for BSAT-2a.
 Due to this, B-SAT is requesting to promptly establish a system whereby BS-3N, presently owned by NHK and already in orbit, can be used in case trouble occurs in the BSAT-2c transponder. To establish such a system, it is necessary for NHK to conclude a contract to rent the said transponder to B-SAT.
 Moreover, for NHK to conclude a contract to rent the said transponder to B-SAT, NHK must receive approval of a service to rent out equipment owned by NHK in accordance with Article 9-(8) of the Broadcast Law, and approval for renting the broadcast equipment in accordance with Article 47-(1) of the said law.
 As a result of examination, the approval for renting out the BS-3N transponder (related to Article 9-(8) of the Broadcast Law. Consultation No. 9) was deemed appropriate as a service of NHK, since it will contribute to stable continuation of BS digital broadcasting and will not needlessly compete with the private sector. The approval for the application regarding the renting of broadcast equipment (BS-3N transponder) (related to Article 47-(1) of the Broadcast Law. Consultation No. 10) was deemed appropriate, as the said transponder is not used in normal times and will not affect the execution of operations to meet NHK's purpose, and the rental price is proper.
b. Main content of the Q&A session
   - The council asked why such detailed decisions cannot be made by NHK without approval. The MIC explained that as NHK is maintained and operated through a special burden charge, which is the receiving fee, it is extremely crucial to judge the adequateness of disposal of equipment that has been remitted from Japanese citizens. The MIC answered that this is the reason MIC consulted the council about this case.

(8) FY 2004 Order to Conduct International Broadcasting to be issued to Japan Broadcasting Corp.
(Consultation No. 11)
   In regard to the FY 2004 Order to Conduct International Broadcasting to be issued to NHK, the MIC presented the below explanation and a Q&A session took place. After deliberation, the council reported the issue to be appropriate.
a. Explanation by MIC
   This consultation is concerning the order to NHK to conduct international broadcasting by designating necessary matters, such as broadcasting area and broadcasting content, as stipulated in Article 33-(1) of the Broadcast Law.
 A concrete list of designated items includes broadcasting content, broadcasting area, broadcasting time, language in which the broadcasting is provided, national cost burden and implementation period. The national cost burden shall be about 2,273.5 million yen, and the implementation period shall be from April 1, 2004 to March 31 of next year.
b. Main content of the Q&A session
  - The council asked if there were any notable changes from the former fiscal year. The MIC explained that although the content is roughly the same every year, there have been changes such as an increase in the national budget and improvement in the broadcasting content that responds to the viewer's needs.
- The council asked about the number of listeners, and questioned if records are kept regarding the number of listeners. The MIC answered that quite a while ago; BBC's survey concluded that about 300 to 400 million people have radios that can receive shortwave broadcasting. Yet the MIC frankly answered that they do not know the number of people listening to the broadcasting. The MIC also explained that the feedback monitored by NHK numbered 43 thousand opinions in 2002, compared to 38 thousand opinions in 2001. The MIC replied that E-mail dissemination has contributed to the increase in the number of feedback communications.
- The council asked the difference between International Broadcasting conducted as NHK's service in conformance with Article 9-(1)-(iv4), and the ordered International Broadcasting, and why the two are separately treated. The MIC explained that 26% of the cost for International Broadcasting conducted by NHK is carried by the national budget, and NHK broadcasting is fulfilling the duty of the national government by providing minimum information to Japanese nationals living abroad and promoting international exchange. The MIC additionally explained that NHK is also making efforts to promote international understanding on their own and contribute to society based on the receiving fees.

(9) Approval for a paid broadcasting contract pertaining to Star Channel, Inc BS digital broadcasting
(Consultation No. 12)
   This consultation was regarding approval for a paid broadcasting contract pertaining to BS digital broadcasting of Star Channel, Inc. The MIC presented the below explanation and a Q&A session took place. After deliberation, the council reported the issue to be appropriate.
a. Explanation by MIC
   Star Channel, Inc., which conducted customer management on its own, consigned the work to SKY Perfect Communications Inc. to make management more efficient. This consultation pertains to the issue of basically standardizing the paid broadcasting contract among the broadcasters using SKY Perfect Communications as a means to prevent confusion among the customers who use the same SKY Perfect TV platform based on differing paid broadcasting contracts.
 The examination concluded that approval is appropriate, since matters related to responsibilities of paid broadcasters and domestic receivers are appropriate and clearly defined and it does not discriminate unjustly against particular people.
b. Main content of the Q&A session
   The council asked what happens when a natural disaster or an accident occurs and the viewer becomes unable to receive service or apply for contract termination, although the broadcaster side can provide the broadcasting service. The MIC answered that the purpose of Article 14-(3) is to have the company terminate the contract and end billing the viewer when the company loses contact with the viewer but judges that the situation is such that the viewer would want to terminate the contract.
 
(The Radio Regulatory Council Secretariat is responsible for the wording of this document)