(Establishment)
Article 99-2.
The Radio Regulatory Council shall be established in the Ministry of Public Management, Home Affairs, Posts and Telecommunications for the purpose of equitable and efficient administrative regulation of radio waves, broadcasting (including entrustment of broadcasting; the same shall apply in, Article 102-2 paragraph (1) item ii) and Article 108-2 paragraph (1)) and broadcasting using telecommunications service provided in Article 2 paragraph (1) of the Broadcast Using Telecommunications Service Law (Law No. xxx of 2001) in order to deal with the items which are attributed to the authority of the council in accordance with the provisions of this Law, the Broadcast Law and the Broadcast Using Telecommunications Service Law and in order to examine and adopt resolutions on complaints submitted against administrative dispositions made by the Minister under the Cable Television Broadcast Law (Law No. 114 of 1972) or the Law to Regulate the Operation of Cable Sound Broadcasting Service (Law No. 135 of 1951).
(Organization)
Article 99-2-2.
(1) The Radio Regulatory Council shall be composed of five members.
(2) The Radio Regulatory Council shall set up the post of the chairperson, who is elected from these members by means of their mutual votes.
(3) The chairperson of the Radio Regulatory Council shall preside over the operation of the Council.
(4) The Radio Regulatory Council shall nominate a vice-chairperson from the members, who shall act on behalf of the chairperson where the chairperson is incapable of fulfilling the duties.
(Appointment of the Members)
Article 99-3.
(1) The members of the Radio Regulatory Council shall be appointed by the Minister of Public Management, Home Affairs, Posts and Telecommunications with the consent of both the Houses of Representatives and of Councillors from persons capable of making fair judgment from a standpoint of public welfare with rich experience and knowledge.
(2) Where a member of the Radio Regulatory Council has served out the full term or where the necessity has arisen to fill up a vacancy of the members, the Minister of Public Management, Home Affairs, Posts and Telecommunications may, irrespective of the provisions of the preceding paragraph, appoint a person to a member without the consent of both the Houses of Representatives and of Councillors when impossible due to the Diet being in the closed term or due to the House of Representatives dissolved, to obtain the consent of both the Houses of Representatives and of Councillors for the appointment of the member. In this case, in the first Parliament session after the appointment the Minister shall gain the consent of both the Houses of Representatives and of Councillors.
(3) Any person who falls under any of the following items shall not become a member of the Radio Regulatory Council:
i) Any person who has been sentenced to imprisonment without labor or severer penalty.
ii) Any person who has lost the position of a government worker due to disciplinary discharge, if a period of two years has not elapsed since the day of discharge.
iii) Any person who is a broadcaster, a broadcaster using telecommunications service provided in Article 2 paragraph (3) of the Broadcast Using Telecommunications Service Law, a Type I telecommunications carrier specified in Article 12 paragraph (1) of the Telecommunications Business Law, a manufacturer or a dealer of radio equipment, or an officer of a juridical person, when the person is a juridical person (meaning a person, whatever the title may be, who has official competence or managing power equal to or above that of the officer, the same shall apply in this article), or a holder of a tenth or more of the voting rights in the juridical person (including any person who falls under the above categories within a year prior to the day of the appointment).
iv) Any person who is an officer in any of the entities referred to in the preceding item (including any person who fell under any of the above persons within a year prior to the day of the appointment).
(Service Regulations)
Article 99-4.
The provisions of Articles 96, Articles 98 through 102 and Article 105 of the Government Workers Law (Law No. 120 of 1947) shall apply, mutatis mutandis, to the members of the Radio Regulatory Council.
(Term of Office)
Article 99-5.
(1) The members term of office shall be three years. However, a member who has been appointed to fill up a vacancy shall hold the office for the remainder of the predecessor's term.
(2) Any of the members may be reappointed.
(Retirement)
Article 99-6.
Any member of the Radio Regulatory Council shall naturally lose the membership when the appointment fails to gain the consent from both the Houses of Representatives and of Councillors in accordance with the provisions of the latter part of Article 99-3 paragraph (2).
(Discharge)
Article 99-7.
When any member of the Radio Regulatory Council falls under any of the items of Article 99-3 paragraph (3), the Minister of Public Management, Home Affairs, Posts and Telecommunications shall discharge the member.
Article 99-8.
When determining that a member is incapable of performing the official duties due to mental or physical deficiency or that a member has committed nonfeasance against the official duties or any other misconduct not befitting membership of the Council, the Minister of Public Management, Home Affairs, Posts and Telecommunications may discharge the member with the approval of both the Houses of Representatives and of Councillors.
(Restrictions of Employment Following Retirement)
Article 99-9.
Any person who has been a member of the Radio Regulatory Council shall not obtain any post referred to in Article 99-3 paragraph (3) items iii) and iv), if a period of one year has not yet elapsed from the day of the retirement.
(Meeting and Procedures)
Article 99-10.
(1) The Radio Regulatory Council shall not open a meeting and make a decision, unless three or more members, including the chairperson, attend the meeting.
(2) The Council shall decide on a matter by a majority of the members present. When in a tie, the presiding chairperson shall decide on the matter.
(3) In addition to the provisions of the preceding two paragraphs, the procedures of proceedings of the Council shall be specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #.
# The Ordinance Providing the Proceedings of the Radio Regulatory Council.
(Mandatory Inquiry)
Article 99-11.
(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall inquire of the Radio Regulatory Council in any of the following cases:
i) When the Minister establishes, modifies or abolishes any of the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 4 items i), ii) and iii) (Radio Station Requiring No License), Article 4-2 (Designation of Call Sign or Call Name), Article 6 paragraph (7) (Application Period of Radio Station License), Article 7 paragraph (1) item iii) and paragraph (2) item iv) (Essential Standards for Establishment of Radio Stations), Article 8 paragraph (1) item iii) (Identification Signal), the proviso of Article 9 paragraph (1) (Changes in Construction Designs Not Requiring Permission), Article 13 paragraph (1) (Valid Term of Radio Station Licenses), Article 15 (Simplified Licensing Procedures), Article 24-2 paragraph (1) (Attestation of Private Inspector's Qualification), Article 27-2 (Specified Radio Station), Article 27-4 item ii) (Essential Standards for the Establishment of Specified Radio Stations), Article 27-5 paragraph (3) (Valid Term of a Blanket License), Article 27-13 paragraph (6) (Valid Term of Establishment Plan Attestation), Article 28 (including Article 100 paragraph (5) to which the provisions of Article 15 shall apply, mutatis mutandis) (Quality of Radio Waves), Article 29 (Requirement for Receiving Equipment), Article 30 (including Article 100 paragraph (5) to which the provisions of Article 30 shall apply, mutatis mutandis) (Safety Installation), Article 31 (Installation of Frequency Measuring Devices), Article 32 (Installation of Meters and Spare Components), Article 33 (Apparatus for Radio Equipment for Compulsory Ship Stations), Article 35 (Requirements for Radio Equipment of Compulsory Ship Stations, Etc.), Article 36 (Requirements for Compulsory Aircraft Stations), Article 37 (Approval of Apparatus for Radio Equipment), Article 38 (including Article 100 paragraph (5) to which the provisions of Article 38 shall apply, mutatis mutandis) (Technical Regulations), Article 38-2 paragraph (1) (Specified Radio Equipment), Article 38-5 paragraph (2) (including Article 38-17 paragraph (5) and Article 102-18 paragraph (8) to which the provisions of Article 38-5 paragraph (2) shall apply, mutatis mutandis) (Obligation, Etc. to Execute the Technical Regulations Compliance Certification Service), Article 39 paragraphs (1), (2), (3), (5) and (7) (Operation of Radio Equipment), the proviso of Article 39-3 (Operation of Radio equipment in Amateur Radio Stations), Article 41 paragraph (2) items ii), iii) and iv) (Standards to Attestation Related to Training Courses for Radio Operators, Etc.), Article 47 (Execution of Examination Business), Article 48-3 item i) (Invalidation of a Ship Station Radio Operator Attestation), Article 49 (Particulars on State Examinations, Etc.), Article 50 (Station of a Distress Traffic Operators, Etc.), Article 52 items i), ii), iii) and vi) (Utilization beyond the Purpose), Article 55 (Operation beyond Permitted Operations Hours), Article 61 (Radio Communications Methods, Etc.), Article 65 (Watchkeeping Obligation), Article 66 paragraph (1) (Distress Traffic), Article 67 paragraph (2) (Urgency Traffic), Article 70-4 (Watchkeeping Obligation), Article 70-5 (Communications Report of Aircraft Stations), Article 71-3 paragraph (4) (Standards Concerning Payments of Compensations), Article 73 paragraph (1) (Inspection), Article 100 paragraph (1) item ii) (Industrial Facilities Emitting HF Radio Waves), Article 102-13 paragraph (1) (Designation of Radio Equipment Using Specified Frequencies), Article 102- 14 paragraph (1) (Notification in Sales of Designated Radio Equipment, Etc.), Article 102-14-2 (Use of Information Technology Instead of Paper Documentation) and Article 102-18 paragraph (1) (Measuring Instrument, Etc.).
ii) When the Minister establishes or modifies the plan for the available frequencies allocated to broadcasting in accordance with the provisions of Article 7 paragraph (3) or paragraph (4), establishes or modifies the Frequency Allocation Plan under Article 26 paragraph (1) (except the part pertaining to paragraph (2) item iv) of the same article), or, establishes or amends establishment guidelines under Article 27-12 paragraph (1).
iii) When the Minister revokes attestation of the establishment plan in accordance with the provision of Article 27-15 paragraph (1) or paragraph (2), or revokes a license of radio station in accordance with the same paragraph, or orders a designated certification agency, a designated examinations executing agency, or a designated calibration agency to discharge calibrators in accordance with the provisions of Article 38-6 paragraph (2) (including cases where Article 102-18 paragraph (8) shall apply, mutatis mutandis); or takes administrative dispositions for revoking a designation of a designated certification agency, a designated training agency, a designated examination executing agency, a designated frequency change support agency, the center or a designated calibration agency in accordance with the provisions of Article 38-14 paragraph (2) (including cases where Article 39-2 paragraph (6), Article 47-4, Article 71-3 paragraph (11), Article 102-17 paragraph (5) and Article 102-18 paragraph (8) shall apply, mutatis mutandis); or orders a designated examinations executing agency or a designated specific frequency change support agency to discharge officers, or a designated calibration agency to discharge examination executors; or takes administrative dispositions for revoking a radio station license in accordance with the provision of Article 76 paragraphs (2) through (4), or revoking the attestation of the establishment plan under the same paragraph, and for reducing the number of designated radio stations or effecting the change in the designated frequencies in accordance with the provisions of Article 76-2, or for revoking a radio operator license or ship station radio operator attestation in accordance with the provisions of Article 79 paragraph (1) (including cases where Article 79 paragraph (2) shall apply, mutatis mutandis).
iv) When the Minister grants a pre-permit of a radio station in accordance with the provisions of Article 8; or permits changes in construction designs in accordance with the provisions of Article 9 paragraph (1); or permits changes in broadcasting subjects in accordance with Article 9 paragraph (4) or the latter part of Article 17 paragraph (1); or grants a blanket license in accordance with the provisions of Article 27-5 paragraph (1); or grants establishment plan attestation in accordance with the provisions of Article 27-13 paragraph (1); or designates a designated certification agency in accordance with the provisions of Article 38-2 paragraph (1); designates a designated training agency in accordance with Article 39-2 paragraph (1); or designates a designated examinations executing agency in accordance with Article 46 paragraph (1); or changes designated frequencies, etc. of radio stations or orders transfer of the position of radio facilities of an artificial satellite radio station in accordance with the provisions of Article 71 paragraph (1); or designates a designated specific frequency change support agency with Article 71 paragraph (3); or designates a radio propagation blockage prevented area in accordance with the provisions of Article 102-2 paragraph (1); or designates the center in accordance with the provisions of Article 102-17 paragraph (1); or designates a designated calibration agency in accordance with the provisions of Article 102-18 paragraph (1).
(2) Of the particulars referred to in the preceding paragraph, the Minister of Public Management, Home Affairs, Posts and Telecommunications may take administrative dispositions without referring to the Radio Regulatory Council to matters which the Council determines less important.
(Hearing)
Article 99-12.
(1) Where a matter has been referred to in accordance with the provisions of paragraph (1) item i) or iii) of the preceding article, the Radio Regulatory Council shall hold a hearing.
(2) In addition to the case in the preceding paragraph, the Radio Regulatory Council may hold a hearing whenever determining necessary where the Council is requested from the Minister of Public Management, Home Affairs, Posts and Telecommunications in accordance with the provisions of paragraph (1) item i) and item iv) of the preceding article.
(3) The hearing of the preceding two paragraphs shall be commenced with a public notice granted in the name of the hearing examiner (or the member of the Council where in the proviso of Article 87, which shall apply, mutatis mutandis, to paragraph (6); hereinafter the same shall apply.) of the purport thereof, and date and place of the hearing. However, where the matter is involved in an administrative disposition made to a particular person, the hearing shall be held, when sending to the person a hearing commencement notification indicating the purport, and date and place thereof, as well as requesting the appearance.
(4) Where in the proviso of the preceding paragraph, a public notice shall be issued indicating the purport thereof, and the date and place of the hearing.
(5) At the hearing of paragraphs (1) and (2), (except particulars related to disadvantageous measures provided in Article 2 item iv) of the Administrative Procedures Law (referred to as simply "disadvantageous measures" in paragraphs (6) and (8)), any person interested in the particular matter may attend the hearing on the day of the hearing and express opinions, upon receipt of the permit of the hearing examiner.
(6) The provisions of Article 87, Articles 90 through 93-3 and Article 96 shall apply, mutatis mutandis, to the hearing of paragraphs (1) and (2), and Article 89 and Article 18 of the Administrative Procedures Law shall apply, mutatis mutandis, to the hearing of paragraphs (1) and (2) related to the disadvantageous measures. In this case, "the protestant" in Article 90 paragraph (3) shall be read as "the persons who received a hearing commencement notification of the proviso of Article 99-12 paragraph (3) (where at the hearing concerning dispositions to order a designated certification agency to discharge its certification examiners or a designated calibration agency to discharge its calibrators with the provisions of Article 38-6 paragraph (2) (including the case where Article 102-18 paragraph (8) shall be applied, mutatis mutandis), or to order a designated examination executing agency to discharge its officers or examination executors, or a designated frequency change support agency to discharge its officers with the provisions of Article 47-2 paragraph (3) (including the case where Article 71-3 paragraph (11) shall be applied, mutatis mutandis), persons who have received a hearing commencement notification of the proviso of Article 99-12 paragraph (3) and said certification examiners, said calibrators, said officers or said examination executors. Such people are referred to as "the party" hereinafter through Article 92-5.)"; "the protestant" in Article 91 through 92-5 shall be read as "the party"; "this Chapter" in Article 96 shall be read as "Article 99-12"; "the party" in Article 18 paragraph (1) of the Administrative Procedures Law shall be read as "the party of Article 90 paragraph (3) of the Radio Law which shall apply, mutatis mutandis, to Article 99-12 paragraph (6) of the same Law"; "the participants" shall be read as "the participants of Article 89 paragraph (1) or (2) of the same Law which shall apply, mutatis mutandis, to Article 99-12 paragraph (6) of the same Law"; and "the hearing notification" shall be read as "sending to a person a hearing commencement notification provided in the proviso of Article 99-12 paragraph (3) of the same Law."
(7) The Radio Regulatory Council shall make reply notes to matters for which the Council has held a hearing in accordance with the provisions of paragraph (1) or (2) based upon the protocol and written opinions of Article 93, which shall apply, mutatis mutandis, to the preceding paragraph.
(8) The provision of the Chapter III (except Articles 12 and 14) of the Administrative Procedures Law shall not apply to the administrative disposition related to the disadvantageous measures, made after going through the hearings of the provisions of paragraph (1) or (2).
(Recommendations)
Article 99-13.
(1) The Radio Regulatory Council may grant necessary recommendations to the Minister of Public Management, Home Affairs, Posts and Telecommunications with respect to particulars referred to in Article 99-11.
(2) Upon receipt of recommendations of the preceding paragraph, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall make public its contents.
(Hearing Examiners)
Article 99-14.
(1) The Radio Regulatory Council shall appoint no more than five hearing examiners.
(2) The examiners shall preside over the hearings provided in the preceding Chapter (including Article 53-13 of the Broadcast Law, Article 28 of the Cable Television Broadcast Law, Article 9 of the Law to Regulate the Operation of the Cable Sound Broadcasting Service and Article 21 of the Broadcast Using Telecommunications Service Law to which the provision of the preceding Chapter shall apply, mutatis mutandis), or the procedures of the hearings provided in Article 99-12 of this Law, Article 53-11 of the Broadcast Law or Article 19 of the Broadcast Using Telecommunications Service Law.
(3) The examiners shall be appointed by the Minister of Public Management, Home Affairs, Posts and Telecommunications with a decision made by the Radio Regulatory Council.