(Changes of Frequencies, Etc.)
Article 71.
(1) When deemed necessary for the purpose of regulating radio waves or securing public welfare, the Minister of Public Management, Home Affairs, Posts and Telecommunications may order to change frequency of a radio station or designated antenna power, or to transfer the location of radio equipment of an artificial satellite station, only within the scope of disturbing the fulfillment of the purposes of the radio station.
(2) The Government shall compensate the licensee for the loss resulting from ordering change, in accordance with the provisions of the preceding paragraph, in the frequency or designate antenna power or in the location of radio equipment of the artificial satellite station.
(3) The loss to be compensated under the preceding paragraph shall be the loss, which normally results from the measures taken in accordance with the same paragraph.
(4) Any person who is dissatisfied with the amount of compensation of paragraph (2) may bring in an action in an ordinary court to demand the increase of the compensation amount within three months from the day of obtaining the notification on the compensation amount.
(5) The Government shall be a defendant for a suit filed under the preceding paragraph.
(6) When taking measures related to the order, the licensee who received an order to change the location of radio equipment of the artificial satellite station shall notify without delay the Minister of Public Management, Home Affairs, Posts and Telecommunications of it.
(Specific Frequency Change Support Service)
Article 71-2.
(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications may, where the Minister changes the Frequency Allocation Plan or the Plan for the Available Frequencies Allocated to Broadcasting (hereinafter in this article and the following article referred to as "Frequency Allocation Plan, etc.") that fall under the following items, when the Minister deems it necessary for ensuring adequate use of radio waves, toward licensee or other establishers of radio equipment who will conduct construction work for changing radio equipment concerning change of frequency or antenna power provided in item iii), compensate said construction costs and other necessary support (hereinafter referred to as "specific frequency change support service") within the extent of available budget.
i) The Minister provides time limits of frequency use not exceeding ten years counting from the day of public notice of change of the Frequency Allocation Plan, etc. as conditions concerning the use of specific classification of radio stations (meaning "classification of radio stations" stipulated in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in line with technical requirements stipulated in the Chapter III concerning modes of radio communications, purposes of radio stations and radio facilities. The same shall apply in this article.) and assigns assignable frequencies (hereinafter referred to as "frequencies to be assigned to a new classification" in this article) in said classification of radio stations (hereinafter referred to as "old classification of assignment" in this article) to a classification of radio stations other than the old classification of assignment.
ii) In the case where there are classifications of radio stations having the same radio communications mode and the same purpose of radio stations (hereinafter referred to as "classification of the same purpose" in this item) as the old classification of assignment in classifications of radio stations, in which frequencies to be assigned to a new classification can be assigned, other than old classifications of assignment (referred to as "new classification of assignment" in the following item), the ratio of frequencies, that can be assigned to a classification of the same purpose, in the frequencies to be assigned to a new classification is equal to or less than three fourths.
iii) Toward applications for radio station licenses (hereinafter in this item referred to as "specified newly opened radio station") in a new classification of assignment concerning the Minister's public notice of radio stations accompanying the Minister's public notice of change of the Frequency Allocation Plan, etc., frequencies to be assigned to a new classification shall be enabled to be assigned within five years counting from the day of public notice of said change of said Frequency Allocation Plan, etc. In this case, frequencies or antenna power of opened radio stations shall be enabled to be changed beforehand (limited to the extent that the change does not hinder the purpose of opened stations; in the case of the change of frequencies, limited to the extent that the change is within the range of frequencies to be assigned to a new classification), in order for those radio stations in an old classification of assignment, which actually assigned frequencies to be assigned to a new classification upon the public notice of said change of said Frequency Allocation Plan, etc. (hereinafter in this item and Article 71-4 paragraph (2) referred to as "opened radio station"), not to hinder specified newly opened radio stations from operating thereof such as interference.
(Designated Frequency Change Support Agency )
Article 71-3.
(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications may have a person who is designated by the Minister conduct specific frequency change support service.
(2) The designation of a person to a designated frequency change support agency shall be made upon an application by a person who wishes to conduct the specific frequency change support service, to only one agency according to each change of the Frequency Allocation Plan, etc. accompanying specific frequency change support service.
(3) When designating a designated frequency change support agency, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall not conduct the specific frequency change support service related to said designation.
(4) Standards concerning payments of compensations related to specific frequency change support service a designated specific frequency change support agency conducts in accordance with paragraph (1) shall be provided under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
(5) A designated specific frequency change support agency may, in accordance with the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications, when approved by the Minister of Public Management, Home Affairs, Posts and Telecommunications, commission other parties to conduct part of specific frequency change support service (except decision of giving compensations).
(6) A designated specific frequency change support agency may, when deemed necessary in relation with specific frequency change support service, require a person who is decided to be given compensations to make reports relating to necessary particulars.
(7) A designated specific frequency change support agency shall, in every business year, make a business report, balance sheet, financial statement and list of property, submit them to the Minister of Public Management, Home Affairs, Posts and Telecommunications, within three months after the end of said business year, and obtain approval from the Minister.
(8) Where a designated specific frequency change support agency conducts services other than specific frequency change support service, the designated specific frequency change support agency shall separate the account concerning said services from the account concerning the specific frequency change support service.
(9) The Minister of Public Management, Home Affairs, Posts and Telecommunications may, within the extent of available budget, provide a designated specific frequency change support agency with full amount or any part of money necessary for conducting specific frequency change support service.
(10) In addition to particulars provided for in this article, particulars necessary for financial affairs and the account of a designated specific frequency change support agency shall be stipulated under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
(11) The provisions of Articles 38-4, 38-7, 38-8, Articles 38-10 through 38-15, Article 39-2 paragraph (4) (except item iv)), Article 46 paragraph (4), Article 47-2 items i) and iii), and Article 47-3 shall be applied, mutatis mutandis, to the designated specific frequency change support agency. In this case, "category of the designation, address of the office where the technical regulations conformity certification service is conducted, and the commencement day of technical regulations conformity certification" in Article 38-4 paragraph (1) shall be read as "address of the office where the specific frequency change support service is conducted, and the commencement day of the specific frequency change support service"; "the technical regulations conformity certification service" in Article 38-4 paragraph (2), Articles 38-7, 38-8, 38-11, Article 38-12 paragraph (1), Article 38-13 paragraph (1), Article 38-14 paragraphs (2) and (3), and Article 38-15, "technical regulations conformity certification" in Article 38-10, and "training business" in Article 39-2 paragraph (4) shall be read as "specific frequency change support service"; "staff (including certification examiner)" in Article 38-7 shall be read as "staff"; "officer (where a designated certification agency which is not a juridical person, those who have obtained designation of designated certification agency. The same shall apply to the following paragraph and Article 110-2, and Article 113-2.)" in Article 38-7 paragraph (1) shall be read as "officer"; "any of the items (except item ii)) of Article 38-3 paragraph (2)" in Article 38-14 paragraphs (1) shall be read as "any of the items (except item iii)) of Article 46-4 paragraph (4)"; "this Chapter" in Article 38-14 paragraphs (2) item i) shall be read as "this Chapter, which shall apply, mutatis mutandis, to the provisions of Article 47-3 or Article 71-3 paragraph (5), (7) or (8), or Article 71-3 paragraph (11)"; "any of respective items (except item v)) of Article 38-3 paragraph (1)" in Article 38-14 paragraphs (2) item ii) shall be read as "respective items (except item iv)) of Article 39-2 paragraph (2)"; "Article 38-6 paragraph (2)" in Article 38-14 paragraphs (2) item iii) shall be read as "Article 47-2 paragraph (3)"; "Article 38-2 paragraph (3)" in Article 38-15 paragraph (1) shall be read as "Article 71-3 paragraph (3)"; "application of paragraph (2)" in Article 39-2 paragraph (4) and Article 46 paragraph (4) shall be read as "application of Article 71-3 paragraph (2)"; "the training" in Article 39-2 paragraph (4) item iii) shall be read as "specific frequency change support service"; "Article 47-4" in Article 46 paragraph (4) item iii) shall be read as "Article 71-3 paragraph (11)"; "officers or executors" in Article 47-2 paragraph (3) shall be read as "officers"; "Article 47-4" in Article 47-2 paragraph (3) shall be read as "Article 71-3 paragraph (11)".
(Obligation, Etc. of Licensees who Are Decided to Be Given Compensations)
Article 71-4.
(1) A licensee who are decided to be given compensations pertaining to specific frequency change support service shall, without delay, apply for change of designation of frequency or antenna power.
(2) The provisions of the preceding two articles shall not hinder the Minister of Public Management, Home Affairs, Posts and Telecommunications from changing of designation of frequency or antenna power of opened radio stations based on the provision of Article 71 paragraph (1).
(Cessation of Emission of Radio Waves)
Article 72.
(1) Where determining that the quality of radio waves emitted by a radio station does not satisfy the requirements specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications # of Article 28, the Minister of Public Management, Home Affairs, Posts and Telecommunications may order the radio station to cease temporarily emission of the radio waves.
(2) When receiving a notification from the radio station which has received an order of the preceding paragraph that its radio waves come to satisfy the requirements specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications # of Article 28, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall order the radio station to experimentally emit radio waves.
(3) Where the radio waves emitted in accordance with the provisions of the preceding paragraph satisfy the requirements specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications # of Article 28, the Minister shall immediately remove the cessation order of paragraph (1).
# The Ordinance for Regulating Radio Equipment, Articles 5 through 7.
(Inspection)
Article 73.
(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall dispatch the ministerial staffs to radio stations (except those specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications) and order them to inspect the radio equipment, etc. on the day notified in advance at regular intervals specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications. However, with respect to radio stations for which the Minister determines it unnecessary to inspect particulars other than radio equipment related to quality of emitted radio waves or antenna power, the quality of emitted radio waves or antenna power of the radio stations shall be inspected by instructing them to emit radio waves.
(2) The inspection of the preceding paragraph may, irrespective of the provisions of the same paragraph, be delayed or omitted where inspection of radio stations is deemed unnecessary at the time specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications of the same paragraph or where the radio stations are installed on board ships or aircraft on a voyage between foreign countries.
(3) A part of the inspection of paragraph (1) may be omitted, irrespective of the provisions of paragraph (1), when a licensee of the radio station submits the documents on which the results of an inspection on the radio equipment, etc., conducted by a person attested under the provision of 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.
(4) When ordering to cease emission of radio waves of paragraph (1) of the preceding article, or receiving a notification of paragraph (2) of the same article, or being notified of the fact that a ship or aircraft with a radio station is leaving, or determining particularly necessary for the enforcement of this Law, the Minister of Public Management, Home Affairs, Posts and Telecommunications may dispatch the ministerial staffs to those radio stations to inspect the radio equipment, etc.
(5) When determining it necessary to only inspect particulars of the radio equipment related to the quality of radio waves or antenna power, where a ship or aircraft installed with a radio station is leaving for a foreign country or inspection is particularly necessary for the enforcement of this Law, the Minister of Public Management, Home Affairs, Posts and Telecommunications may conduct the inspection of the quality of radio waves or antenna power by instructing the radio station to emit radio waves.
(6) The provisions of Article 38-12 paragraphs (2) and (3) shall apply, mutatis mutandis, to the inspection under the main clause of paragraph (1) or the provisions of paragraph (4).
(Radio Communications in Case of Emergencies)
Article 74.
(1) Where earthquakes, typhoons, floods, tidal waves, snow damage, conflagration, disturbance or any other emergency situations occur or threaten to occur, the Minister of Public Management, Home Affairs, Posts and Telecommunications may order any radio station to conduct radio communications necessary for the saving of lives, relief from disasters, securing of transportation and telecommunications or maintenance of public order.
(2) When the Minister of Public Management, Home Affairs, Posts and Telecommunications orders a radio station to conduct radio communications in accordance with the provisions of the preceding paragraph, the Government shall compensate the radio station for the actual expense needed for the radio communications.
(Development of Telecommunications Systems in Case of Emergencies)
Article 74-2.
(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall develop emergency telecommunications plans, conduct telecommunications training, and take other necessary measures, in order to maintain and improve systems necessary for securing good communications specified in paragraph (1) of the preceding article.
(2) The Minister of Public Management, Home Affairs, Posts and Telecommunications may request the cooperation of licensees, when taking measures provided in the preceding paragraph.
(Revocation of a Radio Station License, Etc.)
Article 75.
The Minister of Public Management, Home Affairs, Posts and Telecommunications shall revoke the license, when a licensee is no longer qualified to hold a radio station license in accordance with Article 5 paragraph (1), (2) or (4).
Article 76.
(1) When a licensee contravened the provisions of this Law or the Broadcast Law, or any orders or administrative dispositions thereunder, the Minister of Public Management, Home Affairs, Posts and Telecommunications may order the licensee to cease the operation of the radio station for a specified period not exceeding three months, or impose a limitation to the permitted operations hours, frequencies, or antenna power for a specified period.
(2) The Minister of Public Management, Home Affairs, Posts and Telecommunications may revoke a license, when a licensee (except a blanket licensee) falls under any of the following items:
i) When ceasing the operation of the radio station for a period of six months or longer consecutively without due reasons
ii) When obtaining the radio station license, or receiving the permission of Article 17, or changing the designated particulars in accordance with the provisions of Article 19, through illegal means
iii) When failing to observe any order or limitation of the provisions of the preceding paragraph
iv) When falling under Article 5 paragraph (3) item i)
(3) The Minister of Public Management, Home Affairs, Posts and Telecommunications may revoke a blanket license when a blanket licensee falls under any of the following items:
i) When failing to commence the operation of specified radio station by the deadline of the Article 27-5 paragraph (1) item iv) (or the deadline as postponed in accordance with the provisions of Article 27-6 paragraph (1))
ii) When ceasing the operation of all the specified radio stations under the blanket license for a period of six months or longer consecutively without due reasons.
iii) When obtaining the blanket license, or receiving the permission of Article 27-8, or changing the designated particulars in accordance with the provisions of the Article 27-9, through illegal means.
iv) When failing to observe any order or limitation of the provisions of paragraph (1).
v) When falling under the provisions of Article 5 paragraph (3) item i).
(4) When revoking a license in accordance with the provisions of the paragraph (2) (except item iv)) and the preceding paragraph (except item v)), the Minister of Public Management, Home Affairs, Posts and Telecommunications may revoke other license granted to the licensee, or the attestation of the establishment plan under Article 13 paragraph (1).
Article 76-2.
The Minister of Public Management, Home Affairs, Posts and Telecommunications may reduce the number of designated radio stations when sufficient reasons are found to determine that the maximum number of specified radio stations operated simultaneously during the validity of the blanket license is most likely to fall far below the number of designated radio stations under the blanket license. In this case, the Minister shall change the designation of frequency of the blanket license.
Article 77.
The Minister of Public Management, Home Affairs, Posts and Telecommunications shall, when administrative dispositions have been taken in accordance with the provisions of the preceding three Articles, send to the licensee a notification with the statement of reasons entered thereon.
(Dismantling of Antennas)
Article 78.
When a radio station license becomes invalid, the person who has been the licensee of that radio station shall dismantle the antenna system without delay.
(Revocation of Radio Operator Licenses, Etc.)
Article 79.
(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications may revoke a radio operator license, or order a radio operator to cease to be engaged in such service for a specified period not exceeding three months, when the radio operator falls under any of the following items:
i) When contravening the provisions of this Law or any orders or administrative dispositions thereunder
ii) When obtaining the radio operator license through illegal means
iii) Where falling under Article 42 item iii)
(2) The provision of the preceding paragraph (except item iii)) shall apply, mutatis mutandis, to a ship station radio operator attestation. In this case, "radio operator license" in that paragraph shall be read as "ship station radio operator attestation."
(3) The provisions of Article 77 shall apply, mutatis mutandis, to revocation and suspension in accordance with the provision of paragraph (1) (including the case which applies, mutatis mutandis, in the preceding paragraph).
(Suspension of Ship Station Radio Operator Attestation)
Article 79-2.
(1) When a person who has been required to submit a document in accordance with the provisions of Article 81-2 paragraph (2) fails to submit, the Minister of Public Management, Home Affairs, Posts and Telecommunications may suspend the validity of the ship station radio operator attestation.
(2) Where the Minister of Public Management, Home Affairs, Posts and Telecommunications receives the document of the preceding paragraph after the validity of a ship station radio operator attestation has been suspended in accordance with the preceding paragraph, the suspension shall be cancelled without delay.
(3) The provisions of Article 77 shall apply, mutatis mutandis, to suspension under the provisions of paragraph (1).
(Report, Etc.)
Article 80.
Any licensee of a radio station shall report to the Minister of Public Management, Home Affairs, Posts and Telecommunications by the procedures specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications # in any of the following:
# The Ordinance for Executing the Radio Law, Article 42.
i) When conducting distress, urgency, safety or emergency traffic
ii) When recognizing any other radio station operating in contravention of the provisions of this Law or any orders thereunder
iii) When restricted to operate a radio station in a foreign country, beyond the public notice issued in advance by the Ministry of Public Management, Home Affairs, Posts and Telecommunications
Article 81.
When the Minister of Public Management, Home Affairs, Posts and Telecommunications determines necessary for the purpose of maintaining the order of radio communications or ensuring the proper operation of radio stations, a licensee may be requested to report on the radio station.
Article 81-2.
(1) Where determining necessary for the enforcement of this Law, the Minister of Public Management, Home Affairs, Posts and Telecommunications may request a person who holds a ship station radio operator attestation to report on the ship station radio operator attestation.
(2) When suspecting that a person holding a ship station radio operator attestation falls under Article 48-3 item i) or ii), the Minister of Public Management, Home Affairs, Posts and Telecommunications may request, in accordance with the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #, the person to submit documents specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications # to determine the validity of the ship station radio operator attestation.
# The Regulations for Enforcement of the Radio Law, Article 43-5.
(Supervision over Radio Stations Requiring No Licenses and Receiving Equipment)
Article 82.
(1) When emissions from radio equipment of radio stations for which licenses of the proviso of Article 4 are not required (hereinafter referred to as "radio stations requiring no license"), or spurious emission or radio frequency currents from receiving equipment causes successive and serious interference to the function of other radio equipment, the Minister of Public Management, Home Affairs, Posts and Telecommunications may order the person who holds or occupies the equipment to take necessary measures to eliminate the interference.
(2) When determining necessary in particular, after issuing an order to take measures referred to in the preceding paragraph for radio equipment of any radio station requiring no license or for receiving equipment other than receiving equipment for broadcast receiving purposes, the Minister of Public Management, Home Affairs, Posts and Telecommunications may dispatch the ministerial staffs to the place where the equipment is located and order them to inspect the equipment.
(3) The provisions of Article 38-12 paragraphs (2) and (3) shall apply, mutatis mutandis, to inspection specified in the preceding paragraph.