(Establishment of Radio Stations)
Article 4.
Any person who wishes to establish a radio station shall obtain a license from the Minister of Public Management, Home Affairs, Posts and Telecommunications. This shall not apply to:
i) Radio stations operating with extremely low power of emission as specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #.
ii) Citizen radio stations (meaning those which operate in the frequency band of 26.9 to 27.2 MHz with antenna power of 0.5 watts or less and is specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #, and which exclusively use radio equipment issued with technical regulations conformity certification of Article 38-2 paragraph (1).
iii) Radio stations with antenna power of 0.01 watts or less as specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications, which automatically transmit the call signs or call names designated under the provision of the following article, or which may operate without causing interference with or disturbance to the operation of other radio stations by being equipped with receiving functions and other functions specified by the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications, and which exclusively use radio equipment with the Certification of Conformity with Technical Standards under Article 38-2 paragraph (1).
# The Regulations for Enforcement of the Radio Law, Article 6.
(Designation, Etc. of Call Signs or Call Names)
Article 4-2.
When an application is submitted by a person who seeks the designation of a call sign or a call name of a radio station with regard to the radio equipment used for the radio station referred to in item iii) of the preceding article, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall designate such a call sign or a call name in accordance with the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #.
# The Regulations for Enforcement of the Radio Law, Article 6.
(Disqualification)
Article 5.
(1) No radio station license shall be granted to:
i) A person not holding Japanese nationality
ii) A foreign government or its representative
iii) A foreign juridical person or organization
iv) A juridical person or organization which is represented by any person referred to in the preceding three items, or one third or more officers of which are such persons, or one third or more voting rights of which are made up of the aggregate of voting rights held by such persons
(2) The provisions of the preceding paragraph shall not apply to the following radio stations:
i) Experimental radio stations (meaning radio stations used exclusively for experimentation aimed at scientific or technological development; hereinafter the same shall apply.)
ii) Amateur radio stations (meaning radio stations established for conducting radio communications as a hobby; hereinafter the same shall apply.)
iii) Radio stations on board ships (meaning radio stations established on board ships (except experimental radio stations and amateur radio stations; hereinafter the same shall apply.) whose purpose is other than conducting telecommunications service (meaning telecommunications service of item vi) of Article 2 of the Telecommunications Business Law (Law No. 86 of 1984); hereinafter the same shall apply), and which are established on board ships provided in Article 29-7 of the Law for Safety of Vessels (Law No. 11 of 1933)
iv) Radio stations on board aircraft (meaning radio stations established on board aircraft (except experimental radio stations and amateur radio stations; hereinafter the same shall apply.) whose purpose is other than conducting telecommunications service; hereinafter the same shall apply), and which are established on board aircraft to aviate between places within Japanese territory with permission of the proviso in Article 127 of the Civil Aeronautics Law (Law No. 231 of 1952)
v) Radio stations (exclusively used for radio communications service between specific fixed points) which are established for the purpose of official service, in an embassy, legation, or consulate and which are established by the government of a country or its representative that permits the Government of Japan or its representative to establish radio stations of a similar kind within the territory of that country
vi) Radio stations which are established on mobile objects including automobiles or for portable use, or fixed radio stations (except those with the purpose of conducting telecommunications service) established on land for the purpose of communicating with those mobile radio stations or receiving equipment for portable use.
vii) Radio stations established for the purpose of conducting telecommunications service
viii) Radio stations established on land for the purpose of controlling position and attitude, etc. of an artificial satellite equipped with radio equipment of a radio station for the purpose of conducting telecommunications service
(3) A radio station license may not be granted to any of the following persons:
i) Any person who has been sentenced to a fine or severer penalty for a crime provided in this Law or the Broadcast Law (Law No. 132 of 1950), if a period of two years has not elapsed since the day the sentence was served out or the suspension of such sentence expired.
ii) Any person whose radio station license was revoked, if a period of two years has not elapsed since the day of the revocation.
iii) Any person whose attestation was revoked, under the provisions of Article 27-15 paragraph (1) (except item iii)), if a period of two years has not elapsed since the day of the revocation.
(4) With respect to radio stations (except those for the purpose of telecommunications service, the radio stations of relay-broadcasting for preventing reception disturbance and the radio stations of artificial satellites (hereinafter referred to as "artificial satellite stations") which broadcast their programming directly in accordance with entrustment by other persons) which transmit radio communications aimed at direct reception by the general public (hereinafter referred to as "broadcast"), irrespective of the provisions of paragraph (1) and the preceding paragraph, no radio station license is granted to any of the following persons:
i) Any person referred to in the paragraph (1) items i) through iii), or in each item of the preceding paragraph.
ii) A juridical person or organization, of which any person referred to in paragraph (1) items i) through iii) is an officer executing the business, or in which any person (s) referred to in paragraph (1) items i) through iii) holds one fifth or more of the aggregate of voting rights.
iii) A juridical person or organization, whose officer falls under any item in the preceding paragraph.
(5) Relay broadcasting for preventing reception disturbance provided in the preceding paragraph means a television broadcasting with a receiving disturbance zone to a great extent (meaning the television broadcasting referred to in Article 2 item ii-5) of the Broadcast Law; hereinafter the same shall apply.) or which receives a multiplex broadcasting multiplexed on the radio waves of the television broadcasting (meaning the multiplex broadcasting referred to in item ii-6) of the same article; hereinafter the same shall apply.) and retransmits all the broadcast programming thereof intact and simultaneously for the reception in the disturbance zone, except the broadcasting originated by a person who has been granted a license for a radio station which transmits the television broadcasting and the multiplex broadcasting multiplexed on the radio waves of the television broadcasting related to the disturbance.
(Application for a License)
Article 6.
(1) Any person who wishes to obtain a radio station license shall file with the Ministry of Public Management, Home Affairs, Posts and Telecommunications an application together with a document describing the following items:
i) Purpose
ii) Reason for a necessity to establish the radio station
iii) Person (s) with whom the radio communications is conducted and communications subjects
iv) Location of radio equipment (meaning, of mobile stations, for artificial satellites, the orbit or the position, and for those other than artificial satellite stations, radio stations on board ship, ship earth stations (meaning radio stations established on board ship for the purpose of telecommunications service and of conducting radio communications via satellite stations; hereinafter the same shall apply.), radio stations on board aircraft (except that which conducts radio communications solely via satellite stations, the same shall apply in paragraph (4)) and aircraft earth stations (meaning radio stations established on board aircraft and of conducting radio communications solely via satellite stations; hereinafter the same shall apply.), the operating area; hereinafter the same shall apply except in Article 18.).
v) Type of radio waves, desirable frequency range and antenna power.
vi) Desirable operation-permitted hours (meaning hours during which the operation is possible; hereinafter the same shall apply.).
vii) Construction design, and scheduled completion date of the construction of the radio equipment (including equipment installed in accordance with the provisions of Article 30 and 32; the same shall apply to item ii) of the following paragraph, Article 10 paragraph (1), Article 12, Article 17, Article 18, Article 24-2 paragraph (1), the proviso of Article 73 paragraph (1), Article 73 paragraph (5) and Article 102-18 paragraph (1)).
viii) Expected commencement date of operation.
(2) Any person who wishes to obtain a radio station license for broadcast purpose (except the ones for the purpose of conducting telecommunications service. In paragraph (7) item iv), the following article paragraph (2) item ii) and item iv), paragraph (3), Article 14 paragraph (3) and Article 17 paragraph (1), the same shall apply.) shall, irrespective of the provisions of the preceding paragraph, submit an application to the Minister of Public Management, Home Affairs, Posts and Telecommunications along with a document, on which the following particulars are entered:
i) Particulars referred to in the preceding paragraph items i), ii), and iv) through viii).
ii) Disbursing methods of expenses for constructing the radio equipment and for operating the radio station.
iii) Business plan, and estimated revenue and expenditure.
iv) Broadcast subjects.
v) Service area.
(3) Any person who wishes to obtain a license for a ship station (meaning radio stations on board ships other than those whose equipment is only an emergency position indicating radio beacon or radar; hereinafter the same shall apply) shall enter the following particulars in the document of paragraph (1), in addition to the particulars referred to in the same paragraph;
i) The following particulars related to the ship:
a) Owner
b) Purpose
c) Gross tonnage
d) Navigation areas
e) Principal mooring port
f) Identification code signal
g) Passenger capacity in case of a passenger ship
h) Whether engaged on international voyage
j) Whether exempted from installing radiotelegraphy or radiotelephony in accordance with the provisions of the proviso of Article 4 paragraph (1) of the Law for Safety of Vessels
ii) Measures to be taken in case of a ship which shall take measures in accordance with the provisions of Article 35
(4) Any person who wishes to obtain a license for an aircraft station (meaning radio stations on board aircraft other than those equipment is only radar; hereinafter the same shall apply) shall enter the following particulars in the document of paragraph (1), in addition to the particulars referred to in the same paragraph:
i) Owner
ii) Purpose
iii) Type
iv) Aviation area
v) Usual ground location
vi) Registered mark
vii) Whether it is required to be equipped with radio equipment in accordance with the provisions of Article 60 of the Civil Aeronautics Law.
(5) Any person who wishes to obtain a license for an aircraft earth station (except those used for the purpose of conducting telecommunications service) shall enter the particulars related to the aircraft of item i) through vi) of the preceding paragraph, in addition to the particulars referred to in the same paragraph.
(6) Any person who wishes to obtain a license for an artificial satellite station shall enter scheduled launching time, term of normal operation, and area of position enabling its station to fulfill the mission in the document of paragraph (1) or (2), in addition to the particulars referred to in the same paragraphs.
(7) Any application for radio station (except those specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications) which falls under any of the following items, and which uses frequency of which the Minister of Public Management, Home Affairs, Posts and Telecommunications issues a public notice, shall be filed within the period specified in the public notice of the Minster of Public Management, Home Affairs, Posts and Telecommunications
i) A mobile radio station established on land for the purpose of conducting telecommunications service (limited to service areas which cover the entire area of one or more prefecture(s))
ii) A fixed radio station established on land for the purpose of conducting telecommunications service which communicates with the radio station under the preceding item
iii) An artificial satellite station established for the purpose of conducting telecommunication service
iv) A radio station for broadcasting
(8) The period under the preceding paragraph shall be one month or longer by each frequency band, and the public notice of the period under the provision of the same paragraph shall also include the zone area where the applicant for radio station license may install radio equipment of the radio station, or other particulars for convenience of license application.
(Examination of Applications)
Article 7.
(1) When receiving an application of paragraph (1) of the preceding article, without delay, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall examine whether it satisfies all of the following items:
i) The conformity of the construction design to the technical regulations specified in Chapter III.
ii) The feasibility of frequencies assignment.
iii) In addition to particulars referred to in the preceding two items, the conformity to the essential standards for establishment of radio stations (except the radio stations to broadcast (except radio stations for the purpose of conducting telecommunications service)) specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #.
# The Ordinance for the Essential Standards for Establishing Radio Stations Other than Broadcast Stations
(2) When receiving an application of paragraph (2) of the preceding article, without delay, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall examine whether it satisfies the following items:
i) The conformity of the construction design to the technical regulations specified in Chapter III.
ii) The feasibility of frequencies assignment based on the Plan for the Available Frequencies Allocated to Broadcasting (meaning a plan which specifies available frequencies able to be used for broadcasting stations and other particulars necessary for the use of the frequencies; hereinafter the same shall apply.) established by the Minister of Public Management, Home Affairs, Posts and Telecommunications.
iii) Enough financial basis to maintain the service.
iv) In addition to particulars referred to in the preceding three items, the conformity to the essential standards for establishment of broadcasting radio stations specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #.
# The Ordinances for the Essential Standards for Establishing Broadcasting Stations.
(3) The Plan for the Available Frequencies Allocated to Broadcasting shall be established with due consideration to prevention of interference and other particulars necessary for ensuring the equitable and efficient utilization of radio waves, in order to contribute to the target number of the broadcasting systems of Article 2-2 paragraph (2) item iii) as specified in the Basic Plan for Broadcast Dissemination under the Article 2-2 paragraph (1) of the Broadcast Law (referred to as "the target number of the broadcasting systems" in the following paragraph), within the limits of assignable frequencies listed under the "Frequency Allocation Plan" as specified in the provision of Article 26 paragraph (1) related to radio stations to broadcast (referred to as "the frequencies assignable for broadcasting" in the following paragraph).
(4) When deemed necessary due to the change in the target number of the broadcasting systems, the frequencies assignable for broadcasting, and the prevention of interference and other particulars necessary for ensuring the equitable and efficient utilization of radio waves provided in the preceding paragraph, the Minister of Public Management, Home Affairs, Posts and Telecommunications may modify the Plan for the Available Frequencies Allocated to Broadcasting.
(5) When establishing or modifying the Plan for the Available Frequencies Allocated to Broadcasting, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall issue a public notice without delay.
(6) When deemed necessary in examining an application, the Minister of Public Management, Home Affairs, Posts and Telecommunications may request the applicant to appear in person or submit any additional information.
(Pre-Permit)
Article 8.
(1) When determining, as a result of the examination under the provisions of the preceding article, that the application satisfies each item of paragraph (1) or each item of paragraph (2) of the same article, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall issue a pre-permit of the radio station to the applicant, designating the following particulars:
i) Completion date of the construction work
ii) Type of radio waves and frequency
iii) Call sign (including beacon sign), call name, and identification signal specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications # (hereinafter referred to as "identification signal")
iv) Antenna power
v) Permitted operations hours
# The Regulations for Enforcement of the Radio Law, Article 6-4.
(2) When determining appropriate upon receipt of an application submitted by a person who has obtained the pre-permit, the Minister of Public Management, Home Affairs, Posts and Telecommunications may extend the completion date of item i) of the preceding paragraph.
(Changes in Construction Design, Etc.)
Article 9.
(1) When intending to make changes in the construction design, a person who has obtained a pre-permit of the preceding article shall obtain the prior permission of the Minister of Public Management, Home Affairs, Posts and Telecommunications. However, this shall not apply to the minor changes specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #.
# The Regulations for Enforcement of the Radio Law, Article 10.
(2) A person who has made changes in the construction design related to the changes of the proviso of the preceding paragraph, shall submit a notification without delay to the Minister of Public Management, Home Affairs, Posts and Telecommunications.
(3) Any change of paragraph (1) shall not be related to modifications to the frequencies, type of radio waves and antenna power, and shall comply with the technical regulations of Article 7 paragraph (1) item i) or paragraph (2) item i).
(4) A person who has obtained a pre-permit of the preceding article may, with the permission of the Minister of Public Management, Home Affairs, Posts and Telecommunications, make changes in person with whom radio communications is conducted, communications subjects, broadcast subjects, service area, and location of the radio equipment.
(Inspection after Completion of Construction Work)
Article 10.
(1) A person who has obtained a pre-permit of Article 8 shall, when the construction work has been completed, submit a notification to the Minister of Public Management, Home Affairs, Posts and Telecommunications and have the inspection for the radio equipment, the qualifications of radio operators (including that which is related to requirements of radio operators in full charge provided in Article 39 paragraph (3), ship station radio operator attestation of Article 48-2 paragraph (1), distress traffic operators provided in Article 50 paragraph (1); the same shall apply to Articles 12), number of radio operators, timepiece and documents (hereinafter referred to as "radio equipment, etc.").
(2) A part of the inspection of the preceding paragraph may be omitted where a person who wishes to have the inspection of the same article submits to the Minister of Public Management, Home Affairs, Posts and Telecommunications documents on which the results of an inspection on the radio equipment, etc., conducted by the person attested under Article 24-2 paragraph (1) or Article 24-9 paragraph (1) in accordance with the provisions of the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications are entered.
(Rejection of Licensing)
Article 11.
The Minister of Public Management, Home Affairs, Posts and Telecommunications shall reject to grant a radio station license when a notification in accordance with the provisions of the preceding article is not submitted within two weeks after expiration of a completion date of Article 8 paragraph (1) item i) (the completion date, when a completion date has been extended in accordance with the provisions of paragraph (2) of the same article.).
(Licensing)
Article 12.
The Minister of Public Management, Home Affairs, Posts and Telecommunications shall grant a license to the applicant without delay when determining, as a result of the inspection in accordance with the provisions of Article 10, that the radio equipment satisfies the construction design of Article 6 paragraph (1) item vii) or paragraph (2) item i) of the same article (the construction design when a construction design has been changed in accordance with the provisions of Article 9 paragraph (1)), and that the qualifications or the number of radio operators are not contrary to the provisions of Articles 39, Article 39-3, Article 40 and Article 50, and that the timepiece or documents are not contrary to the provisions of Article 60.
(Valid Term of Licenses)
Article 13.
(1) The valid term of licenses for radio stations shall be specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications # within five years from the date of a license granted. However, renewal may be allowed.
# The Regulations for Enforcement of the Radio Law, Article 7 through Article 9.
(2) The valid term of licenses shall be ten years, irrespective of the provisions of the main clause of the preceding paragraph, for radio stations which use frequencies from 903 MHz to 905 MHz with an antenna power of five watts or less and use exclusively the radio equipment which has obtained technical regulation conformity certification of Article 38-2 paragraph (1).
(3) The valid term of licenses shall be indefinite, irrespective of the provisions of paragraph (1), for ship stations on board ships of Article 4 of the Law for Safety of Vessels (including the case which shall apply, mutatis mutandis, to the provisions of cabinet order under the provisions of Article 29-7 of the same Law; hereinafter the same shall apply.) (hereinafter referred to as "compulsory ship stations") and for aircraft stations on board aircraft which shall be equipped with radio equipment in accordance with the provisions of Article 60 of the Civil Aeronautics Law (hereinafter referred to as "compulsory aircraft stations").
(Validity of License for Multiplex Broadcasting Radio Stations)
Article 13-2.
When the license for a radio station conducting FM broadcasting (meaning the FM broadcasting under Article 2 item ii-4) of the Broadcast Law) or television broadcasting becomes invalid, the license for a radio station conducting multiplex broadcasting with the radio waves of the broadcasting automatically becomes invalid.
(Licenses)
Article 14.
(1) When granting a license, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall issue a license.
(2) The following particulars shall be entered on a license:
i) Date and reference number of the license
ii) Name or appellation and address of licensee (meaning a person who has obtained a radio station license; hereinafter the same shall apply.)
iii) Category of the radio station
iv) Purpose of the radio station
v) Person with whom the radio communications is conducted and communications subjects
vi) Location of the radio equipment
vii) Valid term of the license
viii) Identification signal
ix) Type of radio waves and frequencies
x) Antenna power
xi) Permitted operation hours
(3) On a license of a radio station for broadcasting, the following particulars shall be entered, irrespective of the provisions of the preceding paragraph:
i) Particulars referred to in the preceding paragraph items i) through iv), and vi) through xi)
ii) Broadcast subjects
iii) Service area
(Simplified Licensing Procedures)
Article 15.
Irrespective of the provisions of Articles 6 and Articles 8 through 12, the simplified procedures may apply, as specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications, to renewing a license in accordance with the proviso in Article 13 paragraph (1) and to a license for a radio station solely with radio equipment which has obtained technical regulations conformity certification of Article 38-2 paragraph (1), or to a license for other radio stations specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #.
# The Ordinance for Procedures to Be Observed in Licensing Radio Stations, Articles 15 through 20.
(Notification on Commencement or Suspension of Operation)
Article 16.
(1) The licensee shall, when obtaining a license, notify without delay the Minister of Public Management, Home Affairs, Posts and Telecommunications of the commencement date of operation of the radio station. However, this shall not apply to the radio stations specified by the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #.
# The Regulations for Enforcement of the Radio Law, Article 10-2.
(2) When suspending for a period of one month or longer the operation of the radio station on which a licensee has notified in accordance with the provisions of the preceding paragraph, the licensee shall notify the Minister of Public Management, Home Affairs, Posts and Telecommunications of the suspension period. The same shall apply to the change of the suspension period.
(Permission for Changes, Etc.)
Article 16-2.
When intending to be entrusted with the business of telecommunications from a Type I telecommunications carrier provided in Article 12 paragraph (1) of the Telecommunications Business Law a licensee may change the purpose of the radio station with the permission of the Minister of Public Management, Home Affairs, Posts and Telecommunications.
Article 17.
(1) When changing the person with whom radio communications is conducted, communications subjects, or location of the radio equipment, or intending to carrying out construction work for changing the radio equipment, a licensee shall obtain the prior permission of the Minister of Public Management, Home Affairs, Posts and Telecommunications. The same shall apply when a licensee of a radio station for broadcasting intends to change broadcasting subjects or broadcasting service areas.
(2) The provisions of the proviso of Article 9 paragraph (1), paragraphs (2) and (3) of the same article shall apply, mutatis mutandis, to the case where the construction work is carried out to change the radio equipment in accordance with the provisions of the preceding paragraph.
(Inspection after Modification)
Article 18.
(1) A licensee who has obtained, in accordance with the provisions of the preceding article paragraph (1), permission for changing the location of the radio equipment or for construction work to change the radio equipment shall not operate that radio equipment, unless after the Minister of Public Management, Home Affairs, Posts and Telecommunications conducts an inspection thereof and determines that the results of the change or construction work satisfy the particulars of the permission of the same paragraph. However, this shall not apply to the case specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #.
# The Regulations for Enforcement of the Radio Law, Article 10-3.
(2) A part of the inspection of the preceding paragraph may be omitted, where a person applying for the inspection of the same paragraph submits to the Minister of Public Management, Home Affairs, Posts and Telecommunications documents on which the results of an inspection on the radio equipment, etc., conducted by the person attested under Article 24-2 paragraph (1) or Article 24-9 paragraph (1) in accordance with the provisions of the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications are entered.
(Changes of Frequencies, Etc. upon Application)
Article 19.
Where a licensee or a person who has obtained a pre-permit of Article 8 applies for a change in the designation as identification signal, type of radio waves, frequencies, antenna power, or permitted operations hours, the Minister of Public Management, Home Affairs, Posts and Telecommunications may change the designation, when determining that such change is particularly necessary for the elimination of interference, etc.
(Succession of a License)
Article 20.
(1) When a licensee is involved in inheritance, the inheritor shall succeed the status of the licensee.
(2) When a juridical person as a licensee (except the licensees of radio stations under paragraphs (5) and (6), the same shall apply through this and the following paragraphs.) merges or divides (limited to the case where entire business using radio stations is succeeded), a juridical person continuing to exist after the merger or a juridical person to be newly established by the merger, or a juridical person which succeeds whole of said business by division may succeed the status of the licensee with permission of the Minister of Public Management, Home Affairs, Posts and Telecommunications.
(3) When a licensee transfers all business operations that the radio station is used for, the transferee may, with the permission of the Minister of Public Management, Home Affairs, Posts and Telecommunications, succeed the status of licensee.
(4) The provisions of Articles 5 and 7 shall apply, mutatis mutandis, to permission under the preceding two paragraphs.
(5) When a person who operates a ship equipped with a ship station or a ship equipped solely with an emergency position-indication radio beacon device or radar is changed due to the transfer of ownership of the ship or other reasons, the person who operates the ship after the change shall succeed the status of the licensee.
(6) The provisions of the preceding paragraph shall apply, mutatis mutandis, to aircraft equipped with an aircraft station or an aircraft earth station (except that whose purpose is other than conducting telecommunications service), or to aircraft equipped solely with radar.
(7) A person who succeeds the status of a licensee in accordance with the provisions of paragraph (1) and the preceding two paragraphs shall, without delay, notify the Minister of Public Management, Home Affairs, Posts and Telecommunications of the fact along with documents which verify it.
(8) The provisions of the preceding seven paragraphs shall apply, mutatis mutandis, to a person who has obtained a pre-permit of Article 8.
(Correction to a License)
Article 21.
When a change occurs in particulars entered on a license, the licensee shall submit the license to the Minister of Public Management, Home Affairs, Posts and Telecommunications and obtain the correction.
(Abolition of a Radio Station)
Article 22.
When abolishing a radio station, the licensee shall notify the Minister of Public Management, Home Affairs, Posts and Telecommunications of it.
Article 23.
When a licensee abolishes a radio station, its license shall lose the validity.
(Return of a License)
Article 24.
When a license becomes invalid, the person who holds the license shall return it within one month.
(Attestation of a Private Inspector's Qualification)
Article 24-2.
(1) A person who performs the business of conducting inspection of radio equipment, etc. may apply to the Minister of Public Management, Home Affairs, Posts and Telecommunications for each category specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications and may obtain an attestation that the business satisfies the following items:
i) The qualification to inspect the radio equipment, etc. shall satisfy the technical regulations specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
ii) The inspection of radio equipment, etc. shall be conducted by using the measuring instruments or other equipment specified by the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications, which have been calibrated by the independent administrative institution, Communications Research Laboratory (hereinafter referred to as "Research Laboratory") or designated calibration agency under Article 102-18 paragraph (1), or in accordance with the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications, within the time limit specified by the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
iii) The method for executing the necessary operation to conduct the inspection of radio equipment, etc. appropriately shall be defined.
(2) The necessary particulars related to the attestation of the preceding paragraph is specified by the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
(Attestation Certificate)
Article 24-3.
(1) When the Minister of Public Management, Home Affairs, Posts and Telecommunications makes attestation in accordance with the preceding article paragraph (1), the Minister shall issue an attestation certificate.
(2) A person who obtained the attestation of the preceding article paragraph (1) (hereinafter referred to as "attested private inspector") shall display the certificate at a conspicuous place in the office.
(Revocation of Attestation)
Article 24-4.
The Minister of Public Management, Home Affairs, Posts and Telecommunications may revoke attestation, when the attested private inspector falls under any of the following items:
i) When the attested private inspector fails to satisfy any of the items of Article 24-2 paragraph (1)
ii) When the attestation under the paragraph (1) of Article 24-2 has been obtained through illegal means.
(Succession)
Article 24-5.
(1) When the attested private inspector transfers the entire business related to the attestation, or the attested private inspector is involved in inheritance, merger or division (limited to the case where entire business concerning the attestation is succeeded), the transferee of the entire business or the inheritor thereof, or the surviving juridical person after the merger, the juridical person to be newly established by the merger or a juridical person to succeed entire business pertaining to the attestation by division may succeed the status of the attested private inspector.
(2) A person who succeeds the status of the attested private inspector in accordance with the provision of the preceding paragraph shall, without delay, notify the Minister of Public Management, Home Affairs, Posts and Telecommunications of the fact along with documents which verify it.
(Notification of Abolition)
Article 24-6.
(1) When abolishing the business related to the attestation, the attested private inspector shall, without delay, notify the Minister of Public Management, Home Affairs, Posts and Telecommunications of the fact.
(2) When the notification of the provisions of the preceding paragraph has been submitted, the attestation shall lose its validity.
(Return of Attestation Certificate)
Article 24-7.
When an attestation becomes invalid, the person who was an attested private inspector shall return the attestation certificate within one month.
(Reports and the On-the-Spot Inspection)
Article 24-8.
(1) When determining it necessary to enforce this Law, the Minister of Public Management, Home Affairs, Posts and Telecommunications may order the attested private inspector to report on the status quo of the operations related to the attestation, or the ministerial staffs to enter the office of attested private inspector and inspect the status quo of service, equipment, account books, documents and other articles related to the attestation.
(2) Any ministerial staff who conducts the on-the-spot inspection in accordance with the provisions of the preceding paragraph shall carry an identification card and upon request shall show it to the person concerned.
(3) The power of the on-the-spot inspection under the provisions of paragraph (1), shall not be construed as legitimate for the purpose of criminal investigation.
(Attestation of Private Foreign Inspector's Qualification)
Article 24-9.
(1) Any person who performs business of conducting inspections of radio equipment, etc. in foreign countries may apply to the Minister of Public Management, Home Affairs, Posts and Telecommunications for each category specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications of Article 24-2 paragraph (1), and may obtain an attestation that the business satisfies each item of the same paragraph.
(2) The provisions of Article 24-3 paragraph (1) shall apply, mutatis mutandis, to the attestation of the preceding paragraph and the provisions of paragraph (2) of the same article and Article 24-5 through the preceding article shall apply, mutatis mutandis, to those who obtained the attestation (hereinafter referred to as "attested private foreign inspector") of the preceding article.
(3) When the attested private foreign inspector falls under any of the following items, the Minister of Public Management, Home Affairs, Posts and Telecommunications may revoke that attestation:
i) When unable to satisfy any one of the requirements of each item of Article 24-2 paragraph (1).
ii) When the attestation of the paragraph (1) has been obtained through illegal means.
iii) When a notification has not been made in accordance with the provision of Article 24-5 paragraph (2) which shall apply, mutatis mutandis, to the preceding paragraph.
iv) When a report is not submitted or a false report is submitted, where the Minister of Public Management, Home Affairs, Posts and Telecommunications forces the attested private foreign inspector to report in accordance with the preceding article paragraph (1), which shall apply, mutatis mutandis, to the preceding paragraph.
v) When the attested private foreign inspector refuses, hinders with, or evades the inspection, where the Ministry of Public Management, Home Affairs, Posts and Telecommunications orders the ministerial staff to inspect the office in accordance with the provisions of the preceding article paragraph (1), which shall apply, mutatis mutandis, to the preceding paragraph.
(4) In addition to the provisions provided in the preceding three paragraphs, the necessary particulars related to attestation and revocation of paragraph (1) is specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
(Public Notice of Radio Stations)
Article 25.
Whenever granting licenses, except radio stations specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall issue a public notice of particulars specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications ## for the licensed radio stations.
# The Regulations for Enforcement of the Radio Law, Article 11-2.
## The Regulations for Enforcement of the Radio Law, Article 11.
(Publicity of Frequencies)
Article 26.
(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall prepare and offer for public perusal a list of available frequencies (hereinafter referred to as "Frequency Allocation Plan") and a list indicating the status quo of frequencies available for convenience of license application, etc. The Minister shall issue a public notice of the Frequency Allocation Plan.
(2) In the Frequency Allocation Plan, the following items (as regards frequencies concerning radio stations for broadcasting (except those for the purpose of conducting telecommunications service), particulars under item i)) shall be entered for each available frequency, in order to clarify the range of radio stations eligible to be allocated.
i) Mode of radio communications conducted by radio station
ii) Purpose of radio station
iii) Requirements for using frequency
iv) Whether the frequency is designated in accordance with the provision in Article 27-13 paragraph (4)
(Special Case of a License for a Radio Station on Board a Ship or an Aircraft Acquired in Foreign Countries)
Article 27.
(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications may grant a license, not in accordance with the provisions of Articles 6 through 14, to a radio station on board a ship or on board an aircraft which is established on board a ship or an aircraft which has been acquired in a foreign country.
(2) The license of the provisions of the preceding paragraph shall lose its validity when the ship or aircraft arrives at its destination in Japan.
(Special Case of a License for the Specified Radio Station)
Article 27-2.
A person who wishes to operate more than two radio stations which are specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications and use only the radio equipment with technical regulations conformity certification of Article 38-2 paragraph (1), of radio stations emitting only the radio waves of frequencies automatically selected by receiving the radio waves from a radio station with which radio communications is conducted (hereinafter referred to as "specified radio station"), may apply for a blanket license for these specified radio stations in accordance with the provisions of the following article through Article 27-11, where such specified radio stations share the same purpose, same person with whom radio communications is conducted, same type of radio waves and frequency, and same regulations of radio equipment (solely those specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications).
(Application for a License for the Specified Radio Station)
Article 27-3.
(1) Any person who wishes to obtain the license of the preceding article shall submit an application to the Minister of Public Management, Home Affairs, Posts and Telecommunications along with a document, on which the following particulars entered.:
i) Purpose
ii) Reasons for the necessity to establish the radio stations
iii) Person (s) with whom the radio communications is conducted
iv) Type of radio waves, desirable frequency range and antenna power
v) Construction design of the radio equipment
vi) Maximum number of operational radio stations (meaning the maximum number of radio stations to be operated simultaneously during the term of validity of a license.)
vii) Expected commencement date of operation (meaning the earliest expected commencement date of operation of various specified radio stations)
(2) Any person who wishes to obtain the license of the preceding paragraph, where conducting radio communications with a foreign artificial satellite station, shall enter on the document of the preceding paragraph such particulars as the orbit or position of the artificial satellite, the particulars related to the radio station to be established on land for the purpose of controlling the position and attitude, etc. of the artificial satellite and other particulars specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in addition to those particulars referred to in the same paragraph.
(Examination of Application)
Article 27-4.
When receiving an application of the preceding article paragraph (1) without delay, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall examine whether it satisfies the following items:
i) The feasibility of frequencies assignment
ii) In addition to the particulars referred to in the preceding items, the conformity to the essential standards for the establishment of the specified radio stations specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
(Grant of Blanket License)
Article 27-5.
(1) When determining, as a result of the examination under the provisions of the preceding article, that the application satisfies each item of the same article, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall issue a license to the applicant, designating the following particulars:
i) Type of radio waves and frequencies
ii) Antenna power
iii) Number of designated radio stations (meaning the maximum number of specified radio stations operating simultaneously; hereinafter the same shall apply.)
iv) Deadline for the commencement date of operation (meaning the earliest commencement date of operation of more than one specified radio stations)
(2) When granting the license of the preceding paragraph (hereinafter referred to as "blanket license"), the Minister of Public Management, Home Affairs, Posts and Telecommunications shall issue a license on which the following particulars and designated particulars in accordance with the same paragraph are entered:
i) Date and reference number of the blanket license
ii) Name or appellation and address of the blanket licensee (meaning a person who has obtained a blanket license; hereinafter the same shall apply.)
iii) Category of the specified radio station
iv) Purpose of the specified radio station
v) Person with whom the radio communications is conducted
vi) Valid term of a blanket license
(3) The valid term of the blanket license shall be specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications within five years from the day the blanket license granted. However, renewal may be allowed.
(Commencement of Operation of the Specified Radio Station)
Article 27-6.
(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications may postpone the deadline of the preceding article paragraph (1) item iv), when appropriate where applied by a blanket licensee.
(2) When commencing the operation of more than one specified radio station, the blanket licensees, without delay, shall notify the Minister of Public Management, Home Affairs, Posts and Telecommunications. However, this shall not apply to the case specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
(Prohibition to Establish Specified Radio Stations Exceeding the Designated Number of Radio Stations)
Article 27-7.
A blanket licensee shall not establish specified radio stations exceeding the designated number of radio stations entered on the license.
(Permission for Changes, Etc.)
Article 27-8.
When changing the person with whom radio communications is conducted, or intending to conduct radio communications using the radio equipment based on a construction design different from the one submitted in accordance with the provisions of Article 27-3 paragraph (1), a blanket licensee shall obtain the prior permission of the Minister of Public Management, Home Affairs, Posts and Telecommunications.
(Changes in Frequencies, Number of Designated Radio Stations, Etc. upon Application)
Article 27-9.
Where a blanket licensee applies for a change in the type of radio waves, frequencies, antenna power and the number of designated radio stations, the Minister of Public Management, Home Affairs, Posts and Telecommunications may change the designation, determining that such changes are particularly necessary to ensure the efficient use of the radio waves and for the elimination of interference, etc.
(Abolition of Specified Radio Station)
Article 27-10.
(1) When abolishing all the specified radio stations covered by the blanket license, a blanket licensee shall notify the Minister of Public Management, Home Affairs, Posts and Telecommunications of it.
(2) When a blanket licensee abolishes all the specified radio stations covered by the blanket license, the license shall lose its validity.
(Exceptional Application, Etc. Related to the Specified Radio Station and Blanket Licensee)
Article 27-11.
(1) The specified radio station, whose license of the provisions of Article 27-5 paragraph(1) has been obtained, shall be exempted from the application of the provisions of Articles 15 and 25 and that blanket licensee shall be exempted from the application of the provisions of Article 16, 17, 19, 22 and 23.
(2) With regard to the application of Article 20 paragraph (4) related to the succession of the status of the blanket licensee, "Article 7" in the same paragraph shall be read as "Article 27-4."
(Establishment Guidelines for Specified Base Station)
Article 27-12.
(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications may, for fixed radio stations established on land that must be established in a large number by one person in order to secure radio communications of mobile radio stations (limited to service areas which cover the entire area of one or more prefecture (s)) established on land for the purpose of conducting telecommunications business in their service area for said telecommunications business, and where the Minister deems to be necessary in promoting their smooth establishment to secure equitable and efficient use of radio waves (hereinafter referred to as "specified base station"), specify guidelines concerning the establishment of specified base stations (hereinafter referred to as "Establishment Guidelines for the specified base stations").
(2) Establishment Guidelines for the specified base stations shall specify following items:
i) Particulars concerning the coverage of specified base stations which are the subject of the guideline
ii) Particulars concerning the frequencies allocated to said specified base stations among the available frequencies shown in the Frequency Allocation Plan and the use of the frequencies
iii) Particulars concerning the locations and the schedule for commencement of operation of the specified base stations
iv) Particulars concerning the introduction of technology to secure efficient use of radio waves concerning radio equipment of said specified base stations
v) Particulars concerning the promotion of smooth establishment of said specified base stations and other necessary particulars
(3) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall, when establishing or amending establishment guidelines for the specified base stations, without delay issue a public notice on the fact.
(Attestation of Establishment Plan for Specified Base Stations)
Article 27-13.
(1) Any person who wishes to establish specified base stations may form a plan concerning the establishment of the specified base stations (hereinafter referred to as "establishment plan for the specified base stations") for each communications system (meaning the whole of specified base stations established by one person to communicate with same parties; the same shall apply to the following paragraph item iv) and paragraph (4) item iii)), may submit the plan to the Minister of Public Management, Home Affairs, Posts and Telecommunications, and be granted the attestation that said establishment plan is appropriate.
(2) Establishment plan for specified base stations shall contain the following items:
i) Reason for making it necessary to establish the specified base stations
ii) Service area for the mobile radio stations with whom the specified base stations communicate
iii) Range of desirable frequency range
iv) Total number of the specified base stations in the communications system, locations of radio equipment of each specified base station, and expected commencement date of operations
v) Technology for securing efficient use of radio waves which is planned to be used for radio equipment of the specified base stations
vi) Other particulars specified in the applicable ministerial ordinance from the Ministry of Public Management, Home Affairs, Posts and Telecommunications
(3) The application for the attestation under paragraph (1) shall be filed within the period not shorter than one month as fixed in the public notice of the Minister of Public Management, Home Affairs, Posts and Telecommunications.
(4) Upon reception of the application under paragraph (1), where the application satisfies any of the following items, the Minister shall assign frequency and grant attestation under the same paragraph.
i) The establishment plan is adequate in the light of the establishment guidelines
ii) The establishment plan is deemed to be assuredly implemented
iii) For all the specified base stations included in the communications system concerning the establishment plan, the frequencies are available
(5) Notwithstanding the provisions of the preceding paragraph, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall not grant attestation under paragraph (1) to any person who falls under any items under Article 5 paragraph (3).
(6) The valid terms of the attestation under paragraph (1) shall be specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications not exceeding five years from the day of attestation.
(7) When granting attestation under paragraph (1), the Minister of Public Management, Home Affairs, Posts and Telecommunications shall issue a public notice of the date of attestation, valid terms of attestation, designated frequencies in accordance with the provisions under paragraph (4), and other particulars specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
(Changes, Etc. of Establishment Plan)
Article 27-14.
(1) When changing the attested establishment plan under paragraph (1) of the preceding article (except the items under paragraph (2) item iii) of the same article), the person who was granted the attestation shall obtain attestation from the Minister of Public Management, Home Affairs, Posts and Telecommunications.
(2) The provisions under paragraph (4) of the preceding article shall apply, mutatis mutandis, to the attestation under the preceding paragraph. In this case, "the Minister shall assign frequency and grant attestation" in paragraph (4) of the same article shall be read as "the Minister shall grant attestation."
(3) Where the person who establishes specified base stations of the establishment plan which is granted attestation under paragraph (1) of the preceding article (when attested the change of the establishment plan, the changed plan, hereinafter referred to as "attested plan") (the person shall be hereinafter referred to as "attested establisher") files with the Minister an application for the change of the designated frequency, when deemed that it is necessary for eliminating interference and other particulars, the Minister may change the designation.
(4) Where the attested establisher applies for the extension of the valid terms of the attestation, when deemed necessary, the Minister may extend the terms not exceeding six years from the day of attestation under paragraph (1) of the preceding article.
(5) When granting attestation under paragraph (1) (limited to attestation concerning changes specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications under paragraph (7) of the preceding article), when changing the designation of frequencies in accordance with paragraph (3), or when extending the valid term of attestation, the Minister shall issue a public notice on the fact.
(Revocation, Etc. of Attestation)
Article 27-15.
(1) When an attested establisher falls under any of the following items, the Minister of Public Management, Home Affairs, Posts and Telecommunications may revoke the attestation:
i) When the Minister determines that the attested establisher does not establish the specified base stations concerning the attested plan according to said attested plan without due reasons
ii) When the attested establisher is granted attestation under Article 27-13 paragraph (1) or paragraph (1) of the preceding article, or having the Minister changed designation in accordance with the provision of paragraph (3) of the preceding article, through illegal means
iii) When the attested establisher falls under Article 5 paragraph (3) item i)
(2) Upon revocation of attestation in accordance with the provisions of the preceding paragraph (except item iii)), the Minister of Public Management, Home Affairs, Posts and Telecommunications may revoke the attestation under Article 27-13 paragraph (1) concerning other establishment plans of the revoked attested establisher, or revoke the license of the radio stations.
(3) Upon revocation in accordance with the preceding two paragraphs, the Minister shall send to the attested establisher a notification with statement of reasons.
(Application Mutatis Mutandis of the Provisions Concerning Merger, Etc.)
Article 27-16.
The Provisions of Article 20 paragraphs (1) through (4) and paragraphs (7) shall apply, mutatis mutandis, to the attested establisher. In this case, "paragraph (5) and Article 7" in the paragraph (4) of the same Article shall be read as "Article 27-13 paragraphs (4) and (5)"; "paragraph (1) and the preceding two paragraphs" in paragraph (7) of the same Article shall be read as "paragraph (1) that applies, mutatis mutandis, to Article 27-16."
(Special Cases of License Application Period of Specified Base Stations Pertaining to Attested Plan)
Article 27-17.
With regard to the application for license of specified base stations which an attested establisher establishes pertaining to an attested plan, the provisions of Article 6 paragraph (7) shall not apply.