Chapter VIII. Miscellaneous Provisions

(Industrial Facilities Emitting Radio Waves)

Article 100.

(1) Any person who wishes to install the following facilities shall obtain permission from the Minister of Public Management, Home Affairs, Posts and Telecommunications:

i) Telegraphy, telephony or other telecommunications facilities which apply radio frequency currents 10 kHz or above to the wired system (except power carrying cable facilities, two-bare-wire balanced type power carrying facilities or other communications facilities which are 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 44 paragraph (1).

ii) Radio facilities and facilities other than those of the preceding items, which use radio frequency currents 10 kHz or above and are 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 45.

(2) Upon receipt of an application for permission under the preceding paragraph, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall permit the construction in the application where determining that the application satisfies the technical regulations of Article 28, 30 or 38 which shall apply to paragraph (5) and the use of frequencies related to the application causes no interference with other communications (including monitoring service at places specified in public notices made by the Minister of Public Management, Home Affairs, Posts and Telecommunications).

(3) When a person who has obtained permission under paragraph (1) transfers the facilities to another person, or effects a succession, merger or division (limited to the case where said equipment is succeeded), the transferee who takes over such facilities, or the successor, the juridical person who is the surviving juridical person, the juridical person who is newly established after the merger or the juridical person who succeeds said equipment by division shall succeed the status of the person who has obtained permission of the same paragraph.

(4) A person who succeeds in accordance with the provisions of the preceding paragraph the status of the person who has obtained permission under paragraph (1) shall without delay notify the Minister of Public Management, Home Affairs, Posts and Telecommunications with a document to prove that fact.

(5) The provisions of Article 14 paragraph (1) and (2) (Licenses), Article 17 (Permission for Changes), Article 21 (Correction to a License), Articles 22 and 23 (Abolition of a Radio Station), Article 24 (Return of a License), Article 28 (Quality of Radio Waves), Article 30 (Safety Installation), Article 38 (Technical Regulations), Article 72 (Cessation of Emission of Radio Waves), Article 73 paragraphs (4) and (6) (Inspection), Articles 76 and 77 (Revocation of a Radio Station License, Etc.), and Article 81 (Report) shall apply, mutatis mutandis, to the facilities which has obtained permission in accordance with the provisions of paragraph (1).

(Protection of the Functions of Radio Equipment)

Article 101.

The provisions of Article 82 paragraph (1) shall apply, mutatis mutandis, to when the radio waves or high frequency currents emitted spuriously by any facilities other than radio equipment (except the equipment of the preceding article) cause successive and serious hindrances to the functions of radio equipment.

Article 102.

(1) Any person who wishes to construct any buildings or structures which may cause disturbances in the electromagnetic field and are specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications # at a place within one kilometer from the site of radio direction finding equipment installed by the Minister of Public Management, Home Affairs, Posts and Telecommunications shall notify the Minister of such construction in advance.

# The Regulations for Enforcement of the Radio Law, Article 51.

(2) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall issue a public notice of the sites of radio direction finding equipment of the preceding paragraph.

(Designation of Radio Propagation Blockage Prevented Areas)

Article 102-2.

(1) When determining necessary for the purpose of preventing hindrances to the radio propagation related to radio communications to be executed on frequencies above 890 MHz or above between specific fixed points which falls under any of the following items (hereinafter referred to as "the important radio communications") in the routes of the important radio communications, to secure such radio communications, the Minister of Public Management, Home Affairs, Posts and Telecommunications may designate within the area necessary the zones in one hundred meter width at the most on each side from the estimated center of the plane on the ground along the radio propagation route to a radio propagation blockage prevented area:

i) Radio communications by means of radio equipment in a radio station devoted to telecommunications service.

ii) Radio communications by means of radio equipment in a radio station devoted to broadcast service.

iii) Radio communications by means of radio equipment devoted to service for the purpose of protecting lives or properties or of maintaining public peace and order.

iv) Radio communications by means of radio equipment devoted to meteorological service.

v) Radio communications by means of radio equipment devoted to electric power supply activities for the electricity business.

vi) Radio communications by means of radio equipment devoted to the operation of trains for the railway business.

(2) The designation to a radio propagation blockage prevented area under the provisions of the preceding paragraph shall become valid with a public notice issued based on the cabinet order #. Where the designation, in this case, is involved in the radio propagation blockage prevented area for a route of the radio communications referred to in the same paragraph item i) (hereinafter referred to as "telecommunications activity blockage prevented area"), it shall be clearly expressed in the notice that the designation is involved in the telecommunications activity blockage prevented area.

(3) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall, in accordance with the provisions of the cabinet order #, provide the offices of the Ministry of Public Management, Home Affairs, Posts and Telecommunications and of pertinent local public entities with charts showing radio propagation blockage prevented areas for which a notice has been issued for public perusal under the preceding paragraph. In this case, the Minister shall indicate at an appropriate conspicuous space on those charts that the areas have been delineated as the telecommunications activity blockage prevented area.

(4) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall, where a radio propagation blockage prevented area of which a notice was issued under paragraph (2) has become extinct to maintain the designation of such an area under paragraph (1), remove the designation without delay.

# The Cabinet Order Concerning Radio Propagation Blockage Prevented Area under the Radio Law.

(Notification of Construction of Tall Buildings and Structures within Radio Propagation Blockage Prevented Areas)

Article 102-3.

(1) Any person who orders with a contract to execute or executes by himself/herself without a contract the construction work (hereinafter referred to simply as a "building owner"), which falls under any of the following items, within a radio propagation blockage prevented area of which a notification under the preceding article paragraph (2) (including where the work involves not only in one area but also in another area, hereinafter referred to as "specified construction") shall notify in writing the Minister of Public Management, Home Affairs, Posts and Telecommunications, prior to initiating or getting the contractor (including the subcontractors; hereinafter the same shall apply.) to initiate the work for the specified construction, of the particulars of the structure, including the location, height, form, structural property, and major materials of its upper part (meaning the whole or a part of the structure higher than thirty-one meters above the ground surface; hereinafter the same shall apply.), and further when ordering with a contract the work for the specified construction, the name, address and other necessary items of the contractor of the work:

i) The new construction of a building or structure taller than thirty-one meters above the ground surface (including one or more additional structure (s) to be erected on the top of a structure on the ground where its height exceeds thirty-one meters above the ground surface as a result of the erection; hereinafter referred to as "tall building, etc.").

ii) The enlargement or transfer of a non-tall building, etc. which makes it a tall building, etc. as a result of such enlargement or transfer.

iii) The enlargement, transfer, remodeling, repair or alteration of tall building, etc. (such remodeling, repair or alteration shall be confined within the extent specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications).

(2) When a building owner who has notified in accordance with the provisions of the preceding paragraph intends to make any change in the notified particulars, the building owner shall, as specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #, further notify in writing the Minister of Public Management, Home Affairs, Posts and Telecommunications of such change.

(3) When determining it difficult to decide, based solely on the entries in the documents submitted under the provisions of any of the preceding two paragraphs, whether the upper part of which a notification has been submitted constitutes a cause of hindrances in the radio propagation route over the radio propagation blockage prevented area of important radio communications (hereinafter referred to as "important radio communications hindrance cause"), the Minister of Public Management, Home Affairs, Posts and Telecommunications may request the building owner within the extent necessary for making such decision on the particulars to submit any additional necessary information.

(4) When a radio propagation blockage prevented area is newly designated under the provisions of the preceding article paragraph (1), no provisions of paragraph (1) shall apply where the specified construction work has already been progressed (including the case where its preparation has proceeded up to such extent as provided in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #) in that area (including the case where work involves not only in that area but also in another area).

(5) A building owner who has been proceeding the specified construction work which falls under the preceding paragraph shall, as provided in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #, notify without delay the Minister of Public Management, Home Affairs, Posts and Telecommunications of the projection for the specified construction work after designation to a radio propagation blockage prevented area.

(6) The provisions of paragraphs (2) and (3) shall apply, mutatis mutandis, to the case where a building owner who has been proceeding the specified construction work which falls under paragraph (4) intends to make a change, at the time of designation to a radio propagation blockage prevented area in which the work is involved, in the projection for the work as to such particulars as specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications # (where a projection related to the notification under this paragraph was changed, the new projection.).

Article 102-4.

(1) When determining that a building owner has initiated or has made a contractor initiate, without notifying when the building owner is required to do so under the provisions of the preceding article paragraph (1) or (2) (and the preceding article paragraph (6) and the following paragraph, to both of which the provisions of the preceding article paragraph (1) or (2) shall apply, mutatis mutandis), the specified construction work or the work related to any particulars which have been changed (except those 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 immediately order the building owner to notify in writing, within a specified term, of the items which are required to do so under the same article paragraph (1) or (2) (and the preceding article paragraph (6) and the following paragraph, to both of which the provisions of the preceding article paragraph (1) or (2) shall apply, mutatis mutandis). (2) The provisions of the preceding article paragraph (2) shall apply, mutatis mutandis, to a person who has observed the order under the provisions of the preceding paragraph related to a notification required under the provisions of the preceding article paragraph (1).

(3) The provisions of the preceding article paragraph (3) shall apply, mutatis mutandis, to a notification based on the order under the provisions of paragraph (1) or a notification submitted under the provisions of the preceding article paragraph (2).

(Notification of Possibility of Radio Propagation Blockage)

Article 102-5.

(1) When a building owner has notified in accordance with the provisions of Article 102-3 paragraph (1) or (2) (including the preceding article paragraph (2), to which the provisions of Article 102-3 paragraph (1) or (2) shall apply, mutatis mutandis) or in observance of the order under the provisions of the preceding article paragraph (1), the Minister of Public Management, Home Affairs, Posts and Telecommunications shall inquire into what has been notified, and if the Minister of Public Management, Home Affairs, Posts and Telecommunications determines that the upper part of the building, etc. of which notification has been submitted (or the upper part of the building, etc. after changes if a notification has been submitted for making changes; hereinafter the same shall apply.) causes an important radio communications hindrance over a radio propagation blockage prevented area, the Minister of the Posts and Telecommunications shall grant a notice to the building owner to that effect with a document indicating the part causing important radio communications hindrance (hereinafter referred to as "hindrance causing part") and the reason thereof, or if the Minister of Public Management, Home Affairs, Posts and Telecommunications determines that the upper part causes no important radio communications hindrance over the aforementioned area, the Minister of Public Management, Home Affairs, Posts and Telecommunications grant a notice to the building owner with a document showing the results of the inquiry.

(2) The notice under the provisions of the preceding paragraph shall be granted within three weeks from the day on which the notification is received from the building owner (or the day on which a report is received if the report is required under the provisions of Article 102-3 paragraph (3) (including the same article paragraph (6) and the preceding article paragraph (3), to both of which the provisions of Article 102-3 paragraph (3) shall apply, mutatis mutandis)).

(3) In the case of paragraph (1), when the Minister of Public Management, Home Affairs, Posts and Telecommunications has granted notice, in accordance with the provisions of the two preceding paragraphs, that the upper part of a building, etc. causes an important radio communications hindrance over the radio propagation blockage prevented area, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall, immediately after such notice, notify in writing the licensee of the radio station conducting important radio communications over the radio propagation blockage prevented area of the name and address of the owner of the tall building, etc., its location and height, form, structural property and major materials of its upper part, its hindrance causing part, and other necessary information, and shall also notify in writing the contractor who fulfills the work of which a notification has been submitted by the building owner, if any, of the part of building causing hindrance and other necessary information.

(Restriction on Work of Upper Part to Cause Important Radio Communications Hindrance)

Article 102-6.

A building owner who has been notified under the provisions of the preceding article paragraphs (1) and (2) that the upper part related to the notification causes an important radio communications hindrance over the radio propagation blockage prevented area shall not initiate or make a contract or initiate the specified construction work related to the part causing hindrance for a period of two years (or three years in case of the radio propagation blockage prevented area for telecommunications service) from the day of being notified, unless the building owner falls under any of the following items:

i) When a building owner has modified the plan of the specified construction work and has notified under the provisions of Article 102-3 paragraph (2) (including paragraph (6) of the same article and Article 102-4 paragraph (2), to both of which the provisions of Article 102-3 paragraph (2) shall apply, mutatis mutandis) of the modification, and has been notified under the provisions of paragraphs (1) and (2) of the preceding article that the upper part causes no important radio communications hindrance over the radio propagation blockage prevented area.

ii) When a building owner has come to an agreement, in accordance with the provisions of paragraph (1) of the following article, with the licensee of a radio station fulfilling the important radio communications over the radio propagation blockage prevented area.

iii) The case specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #.

# The Ordinance Concerning Prevention of Radio Propagation Blockage under the Radio Law, Article 10.

(Consultation for Preventing Hindrances to Important Radio Communications)

Article 102-7.

(1) A building owner provided in the preceding article or a licensee of a radio station conducting important radio communications over a radio propagation blockage prevented area may request the other party to negotiate measures necessary for changing either the radio propagation route of the important radio communications or the projected work involved in the upper part, or for coordinating the ensurement of the important radio communications and the protection of the property rights of the tall building, etc.

(2) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall, when requested by any one or both of the parties, grant the good offices necessary for negotiation under the provisions of the preceding paragraph.

(Measures to Be Taken in Case of Contravention)

Article 102-8.

(1) When determining necessary in the case where a building owner falls under any of the following items, the Minister of Public Management, Home Affairs, Posts and Telecommunications may order the building owner to discontinue or to make a contractor discontinue the work which the building owner has executed personally or has made the contractor execute, or to suspend execution or making the contractor execute the work for a specified reasonable period:

i) When a building owner who has failed to submit a notification under the provisions of Article 102-3 paragraph (1) or (2) (including the case of paragraph (6) of the same article and Article 102-4 paragraph (2), to which the provisions of Article 102-3 paragraph (1) or (2) shall apply, mutatis mutandis) has already initiated or has made a contractor initiate, or is believed to initiate or make a contractor initiate in the near future, the specified construction work involved in the upper part of a building, etc. (except the case where the building owner has notified based on the order under the provisions of Article 102-4 paragraph (1) and has been notified under the provisions of Article 102-5 paragraphs (1) and (2), in response to that notification.

ii) When a building owner who has failed to report within the specified period in spite of the request by the Minister of Public Management, Home Affairs, Posts and Telecommunications under the provisions of Article 102-3 paragraph (3) (including the case of paragraph (6) of the same article and Article 102-4 paragraph (3), to which the provisions of Article 102-3 paragraph (3) shall apply, mutatis mutandis) has already initiated or has made a contractor initiate, or is believed to initiate or make a contractor initiate in the near future, the specified construction work involved in the upper part of a building, etc.

(2) Such specified reasonable periods of the preceding paragraph shall be specified, on the basis of the period provided in Article 102-6 and taking into account an extent to which the upper part concerned causes an important radio communications hindrance over the radio propagation blockage prevented area, or an expected period to be taken generally to transfer, if such transfer is possible, the radio propagation route of the important radio communications concerned, or any other circumstances.

(3) When the Minister of Public Management, Home Affairs, Posts and Telecommunications has ordered, in accordance with the provisions of paragraph (1), a building owner to suspend execution or making a contractor execute the work involved in the upper part concerned for a fixed period, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall withdraw without delay that order, if an agreement is concluded within such a period between the building owner and the licensee of a radio station conducting important radio communications over the radio propagation blockage prevented area, or the situation comes under Article 102-6 item i) or iii), or the necessity of that order has become void.

(Demand for a Report)

Article 102-9.

When the Minister of Public Management, Home Affairs, Posts and Telecommunications determines necessary in particular for the purpose of enforcing the provisions of the preceding seven Articles, within the extent necessary, a building owner may be requested to report on the necessary information related to the plan or execution of the specified construction work.

(Cooperation of the Minister of Public Management, Home Affairs, Posts and Telecommunications and the Minister of Land, Infrastructure and Transport)

Article 102-10.

The Minister of Public Management, Home Affairs, Posts and Telecommunications and the Minister of Land, Infrastructure and Transport shall cooperate with each other to enforce the provisions of Articles 102-2 through 102-8.

(Recommendations, Etc. on Regulation Non-Compliance Equipment)

Article 102-11.

(1) When determining, where a radio station causes interference or any other disturbance seriously harmful to the operation of other radio stations, that such disturbance is caused by radio equipment built or rebuilt on the basis of a design not satisfying the technical regulations specified in Chapter III, and such radio equipment built or rebuilt on the basis of the same design (hereinafter in this paragraph and the next article referred to as "regulation non-compliance equipment") is so widely marketed that radio stations using such regulation non-compliance equipment are likely to cause serious adverse effects on the operation of other radio stations if no appropriate measures are taken, the Minister of Public Management, Home Affairs, Posts and Telecommunications may recommend the manufacturer or the seller of the regulation non-compliance equipment, to an extent necessary for maintaining the order of radio communications, to take necessary measures to correct the situation.

(2) When any person who has been recommended under the provisions of the preceding paragraph fails to satisfy the recommendation, the Minister of Public Management, Home Affairs, Posts and Telecommunications may make it public.

(3) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall, before making recommendation referred to in the provisions of paragraph (1), obtain the consent of the Minister of Economy, Trade and Industry.

(Request for a Report)

Article 102-12.

The Minister of Public Management, Home Affairs, Posts and Telecommunications may request, to an extent necessary for enforcing the provisions of the preceding article, the manufacturer or seller of regulation non-compliance equipment to submit a report on its activities.

(Designation of Radio Equipment Using Specified Frequencies)

Article 102-13.

(1) When determining, where there are quite a number of radio stations established without a license against the provisions of Article 4 using radio waves within the specific frequency range (hereinafter referred to as "specified unlicensed radio stations"), radio equipment using radio waves within the specific frequency range (except radio equipment used for radio stations specified under each item of Article 4 and radio equipment that the Minister determines are not used for unlicensed radio stations) (hereinafter referred to as "specified frequency radio equipment") is so widely marketed that it is not easy to decrease the number of specified unlicensed radio stations, the Minister may designate the specified frequency radio equipment as radio equipment which shall be prevented from being used for specified unlicensed radio stations in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.

(2) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall, when determining that it is no longer necessary to maintain the designation under the preceding paragraph, remove the designation.

(3) When establishing the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications referred to in paragraph (1), or modifying or abolishing it, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall consult with the Minister of Economy, Trade and Industry.

(Notification in Sales of Designated Radio Equipment, Etc.)

Article 102-14.

(1) When retailing specified frequency radio equipment designated under the provision of paragraph (1) of the preceding article (hereinafter referred to as "designated radio equipment"), any retailer of designated radio equipment (hereinafter referred to as "designated radio equipment retailer") shall notify or indicate to the purchaser by the method specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications, prior to the conclusion of the sales contract, that any person who wishes to establish a radio station using designated radio equipment shall obtain a radio station license.

(2) The designated radio equipment retailer, when concluding a sales contract for designated radio equipment, shall, without delay, hand the purchaser a document describing the following particulars by the method specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications:

i) The particulars which shall be notified or indicated under the provision of the preceding paragraph.

ii) The fact that any person who establishes a radio station using designated radio equipment without a license shall be sentenced to a penalty specified in this Law.

iii) The name and address of the office with which a person who wishes to establish a radio station using designated radio equipment shall submit an application for a license.

(Use of Information Technology Instead of Paper Documentation)

Article 102-14-2.

The designated radio equipment retailer may, in accordance with the applicable cabinet order, provide the purchaser, under consent, with information including particulars instead of a document describing those particulars specified under the preceding article paragraph (2), using the method utilizing databases or other information technology specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications. In this case, it is deemed that said designated radio equipment retailer had handed the purchaser said document.

(Instruction)

Article 102-15.

(1) When the Minister of Public Management, Home Affairs, Posts and Telecommunications determines, where a designated radio equipment retailer contravened the provision of the Article 102-14, that the contravention would result in incitement of establishment of specified unlicensed radio stations and prevention from maintaining the order of radio communications, the designated radio equipment retailer may be instructed to take necessary measures.

(2) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall, before giving the instruction referred to in the provisions of the preceding paragraph, obtain the consent of the Minister of International Trade and Industry.

(Report and Inspection)

Article 102-16.

(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications may, to the extent necessary for the enforcement of the provisions of the preceding article, order a designated radio equipment retailer to submit a report on its activities, or delegate any of ministerial staff to enter the business office of the designated radio equipment retailer to inspect designated radio equipment, account books, documents and other articles.

(2) The provisions of Article 38-12 paragraphs (2) and (3) shall apply, mutatis mutandis, to the inspection under the provisions of the preceding paragraph.

(Center for Promotion of Efficient Use of Radio Spectrum)

Article 102-17.

(1) When determining that a juridical person established under Article 34 of the Civil Code with the objective of contributing to efficient and proper use of radio wave is capable of properly and securely conducting the service specified in the following paragraph, the Minister of Public Management, Home Affairs, Posts and Telecommunications may, on application from such a juridical person, designate the person as a center for promoting efficient use of radio spectrum (hereinafter referred to as "the Center").

(2) The Center shall:

i) answer inquiries or give consultation on investigation of interference or other particulars necessary for establishing radio stations or changing designations of frequencies, etc.

ii) conduct collection and offer of information on particulars related to changing designations of frequencies of radio stations conducted to properly enforce treaties on radio waves, particulars related to equipment which greatly contribute to efficient use of radio waves or other particulars which contribute to efficient and proper use of radio waves.

iii) conduct studies and research on use of radio waves.

iv) conduct educational activities on effective and proper use of radio waves.

v) be engaged in activities incidental to those referred to in the preceding items.

(3) Where an officer of the Center fails to satisfy this Law, or orders issued thereunder, or administrative dispositions made by on the strength of these Law and orders, or the procedural rules referred to in Article 38-8 paragraph (1) which shall apply, mutatis mutandis, to paragraph (6) thereof, the Minister of Public Management, Home Affairs, Posts and Telecommunications may recommend the Center to discharge such an officer.

(4) The Minister of Public Management, Home Affairs, Posts and Telecommunications may provide the Center with information, or instructions and advice on radio stations, which are necessary for conducting the service referred to in item i) of paragraph (2).

(5) The provisions of Article 38-4, Articles 38-7 through Article 38-9, Article 38-11, Article 38-12, Article 38-14 and Article 39-2 paragraph (5) (except item i)) shall apply, mutatis mutandis, to the Center. In this case, "the category of the designation, address of office where the technical regulations compliance certification service are executed, and the commencement date of technical regulations compliance certification" in Article 38-4 paragraph (1) shall be read as "the location of the office to conduct the service specified under Article 102-17 paragraph (2), and the commencement date of service specified in the same paragraph"; "technical regulations compliance certification" in Article 38-4 paragraph (2), Article 38-11, and Article 38-14 paragraphs (2) (excluding item iv)) and (3) shall be read as "specified under Article 102-17 paragraph (2)"; "staff (including certification examiner)" in Article 38-7 shall be read as "staff"; "technical regulations compliance certification" in Article 38-7 shall be read as "specified under Article 102-17 paragraph (2) item i)"; "Any officer (where a designated certification agency which is not a juridical person, those who have obtained designation of a 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 "Any officer"; "of the technical regulations compliance certification service" in Article 38-8 shall be read as "of the service specified under Article 102-17 paragraph (2) items i) and ii)"; "technical regulations compliance certification" in Article 38-12 paragraph (1) shall be read as "specified under Article 102-17 paragraph (2)"; "the state of the service" in Article 38-12 paragraph (1) shall be read as "the state of the service specified in the same paragraph"; "any of the items (except item ii)) of Article 38-3 paragraph (2)" in Article 38-14 paragraph (1) shall be read as "any of the items (except item v)) of Article 39-2 paragraph (5)"; "this Chapter" in Article 38-14 paragraph (2) item i) shall be read as "this Chapter which shall apply, mutatis mutandis, to Article 102-17 paragraph (5)"; "not to satisfy any of the items (except item v)) of Article 38-3 paragraph (1)" in Article 38-14 paragraph (2) item ii) shall be read as "incapable of conducting properly and securely the services specified in Article 102-17 paragraph (2)"; "Article 38-6 paragraph (2), Article 38-8 paragraph (2)" in Article 38-14 paragraph (2) item iii) shall be read as "Article 38-8 paragraph (2)"; and "technical regulations compliance certification service" in Article 38-14 paragraph (2) item iv) shall be read as "service specified under Article 102-17 paragraph (2) items i) or ii)"; "application of paragraph (2)" in Article 39-2 paragraph (5) shall be read as "application of Article 102-17 paragraph (1)"; and "the following item" in Article 39-2 paragraph (5) item iii) shall be read as "Article 102-17 paragraph (5)".

(Calibration of Measuring Instruments, Etc.)

Article 102-18.

(1) The Research Laboratory shall calibrate the measuring instrument and other instruments to be used for the examination of radio equipment and specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications (hereinafter referred to as "measuring instruments, etc." in this article), or the Minister of Public Management, Home Affairs, Posts and Telecommunications may require a person (hereinafter referred to as "designated calibration agency") to conduct calibration service.

(2) The designation of designated calibration agency shall be made upon application of a person who conducts the calibration service of the preceding paragraph.

(3) Upon completion of calibration under the preceding paragraph, the Research Laboratory or designated calibration agency shall attach an indication to the measuring instruments, etc. that the calibration service has been duly completed.

(4) The measuring instruments, etc. other than those calibrated by the Research Laboratory or designated calibration agency are prevented from carrying the indication of the preceding paragraph or the one almost indistinguishable therefrom.

(5) Officers (where a designated calibration agency which is not a juridical person, a person who is designated as a designated calibration agency. The same shall apply, mutatis mutandis, to Article 110-2 and Article 113-2.) and staff (including calibrators) of a designated calibration agency who conducts designation service are deemed to be staff engaged in public service by law, where penalties including the Criminal Code are applied.

(6) When a designated calibration agency intends to suspend entire or part of its calibration service, or terminate its calibration service, in accordance with the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications, the designated calibration agency shall, in advance, notify the Minister of Public Management, Home Affairs, Posts and Telecommunications of the fact.

(7) The Minister of Public Management, Home Affairs, Posts and Telecommunications, when notification of the preceding item is filed, shall make a public notice of the fact.

(8) The provisions of Articles 38-3 through Article 38-4, Article 38-5 paragraph (2), Article 38-6, Article 38-8 through Article 38-12 and Article 38-14 shall apply, mutatis mutandis, to the designated calibration agency. In this case, "paragraph (2) of the preceding article" in Article 38-3 shall be read as "Article 102-18 paragraph (2)"; "the certification of conformity with the technical regulations" in Article 38-3 paragraph (1) (except item v)), Article 38-4 paragraph (2), Article 38-5 paragraph (2), Article 38-8, Article 38-10, Article 38-11, Article 38-12 paragraph (1) and Article 38-14 paragraphs (2) and (3) shall be read as "the calibration"; "the certification of conformity with the technical regulations in the category related to application" in Article 38-3 paragraph (1) item v) shall be read as "calibration"; "Article 38-2 paragraph (2)" in Article 38-3-2 paragraph (2) shall be read as "Article 102-18 paragraph (2)"; "the category of designation, address of the office where the certification of conformity with the technical regulations service are executed and the certification of conformity with the technical regulations" in Article 38-4 paragraph (1) shall be read as "address of the office providing the calibration service and the calibration"; "the examination" in Article 38-5 paragraph (2) shall be read as "calibration"; "the certification examiner" in Article 38-5 paragraph (2) and Article 38-6 shall be read as "the calibrator"; "this Chapter" in Article 38-14 paragraph (2) item i) shall be read as "this Chapter to be applied, mutatis mutandis, to the provisions of Article 102-18 paragraph (6), or Article 102-18 paragraph (8)".

(Collection of Fees)

Article 103.

(1) Any person who falls under any of the following items shall pay, in accordance with the provisions of the cabinet order #, the amount of fees which shall be specified in the cabinet order # taking actual expenses into account to the Government (for a person who undergoes the training courses conducted by a designated training agency, to said designated training agency; for a person who undergoes the state examinations for radio operators qualifications which a designated examinations executing agency executes in place of the Government, to said designated examinations executing agency; or for a person who undergoes the calibration conducted by the Research Laboratory, to the Research Laboratory).

i) A person who applies for a license under the provisions of Article 6.

ii) A person who conducts an inspection under the provisions of Article 10.

iii) A person who conducts an inspection under the provisions of Article 18 (except a person who has obtained permission under Article 17 paragraph (1) due to the designation being changed pursuant to the provisions of Article 71 paragraph (1)).

iv) A person who applies for an attestation under Article 24-2 paragraph (1)

v) A person who applies for an attestation under Article 24-9 paragraph (1)

vi) A person who applies for a license under Article 27-3

vii) A person who applies for an attestation under Article 27-13 paragraph (11)

viii) A person who conducts an inspection under the provisions of Article 37

ix) A person who applies for an technical regulations conformity certification (excluding that conducted by a designated certification agency)

x) A person who applies for the certification (excluding certification conducted by a designated certification agency) under the Article 38-16 paragraph (1)

xi) A person who takes the training courses under the provisions of Article 39 paragraph (7)

xii) A person who takes a state examinations for a radio operators qualification under the provisions of Article 41

xiii) A person who applies for a license under the provisions of Article 41.

xiv) A person who applies for a ship station radio operator's certificate under the provisions of Article 48-2 paragraph (1)

xv) A person who takes a training course which the Minister of Public Management, Home Affairs, Posts and Telecommunications organizes in accordance with the provisions of Article 48-2 paragraph (2) item i)

xvi) A person who takes a training course which the Minister of Public Management, Home Affairs, Posts and Telecommunications organizes in accordance with the provisions of Article 48-3 item i)

xvii) A person who applies for re-issue of a radio station license, radio operator's license, or ship station radio operator's certificate

xviii) A person who conducts an inspection under the provisions of Article 73 paragraph (1)

xix) A person whose equipment conducts a calibration under the provisions of Article 102-18 paragraph (1) (except calibration by the designated calibration agency)

# The Cabinet Order for Fixing Fees for Radio Stations under the Radio Law.

(2) Fees to be paid to a designated training agency, a designated examinations executing agency or the Research Laboratory under the provisions of the preceding paragraph, shall be the revenues of said designated training agency, said designated examinations executing agency or the Research Laboratory, or a designated inspection agency.

(Collection of the Spectrum User Fee, Etc.)

Article 103-2.

(1) Licensees shall pay to the Government the amount of money specified under the right column of the following table corresponding to the categories of radio stations in the left column of the same table, as the Spectrum User Fee, within 30 days of the date of licensing or within 30 days of the date corresponding to it in each subsequent year (substituted for by the day following to that day, where there is no day corresponding to it; referred to as "the corresponding day" hereinafter in this article). The amount of money shown in the following table is for the one-year period beginning from the date of licensing of the radio station or the corresponding day (referred to as "initial date of reckoning" in this paragraph), although where this period begins from March 1 of the preceding year to leap year under the condition that the date of licensing is February 29, the period shall be substituted for by the period from March 1 to February 28 of the following year; and in cases where the period from the initial date of reckoning to the date on which the license of the radio station expires is less than a year, the period shall be substituted for by that period. In the latter cases, the amount of money shall be the product of the amount of money in the table multiplied by the number, which is obtained by dividing the number of the months of this period by 12.

i) Monitoring and correction of radio waves, and search of illegally installed radio stations

ii) Establishment and management of the Integrated Radio Stations Database (meaning a computerized database which registers particulars which shall be entered on documents required by Article 6 paragraphs (1) and (2) and Article 27-3, and on licenses and other particulars related to licenses of all radio stations)

iii) Examination for establishing the technical regulations of radio equipment using technologies that contribute to efficient use of radio waves and analysis of the results thereof

iv) Specific frequency change support service (including payment of compensation to a designated specific frequency change support agency in accordance with the provision of Article 71-3 paragraph (9))

(3) Notwithstanding the provisions of paragraph (1), a blanket licensee shall notify the Minister of Public Management, Home Affairs, Posts and Telecommunications of the number of specified radio stations operating (hereafter referred to as "operating radio stations" in this paragraph and the following paragraph) at the last day of the month to which the date of a blanket license or the date corresponding to the date of a blanket license in each following year belongs (the previous day in the absence of corresponding date) by the 15th of the following month, and pay, as the Spectrum User Fee and within thirty days counting from the day of acceptance of the aforementioned notification, to the Government the amount obtained by multiplying 540 yen for each one year period commencing from the date of a blanket license or the date corresponding to the date of a blanket license (the following day in the absence of the corresponding day) in each following year (where this period begins from March 1 of the preceding year to a leap year under the condition that the date of a blanket licensing is February 29, the period shall be substituted for by the period from March 1 to February 28 of the following year; and where the period from the date of the aforementioned blanket license or the date corresponding to the date of aforementioned blanket license (the following day in the absence of the corresponding date) to the expiration date of validity of the aforementioned blanket license is less than one year, the period shall be substituted for by that period; hereinafter the same shall apply in this and following paragraph.), by the number of operating radio stations during the aforementioned period of one year (in cases where the period from the date of the aforementioned blanket license or the date corresponding to the date of the aforementioned blanket license (the following day in the absence of the corresponding date) to the expiration date of validity of the aforementioned blanket license is less than one year, the amount shall be the equivalent multiplied by the number, which is obtained by dividing the number of the months of the aforementioned period by 12.).

(4) In addition to the provisions of the preceding paragraph and for the one year period commencing from the date of blanket license or the date corresponding thereto (the following day in the absence of corresponding date), the blanket licensee shall notify the Minister of Public Management, Home Affairs, Posts and Telecommunications of the number of specified radio stations in operation by 15th of the following month, where the number of specified radio stations operating at the last day of the month subsequent to the month to which the date of aforementioned blanket license or the date corresponding thereto (the previous day in the absence of corresponding date) belongs exceeds the number of operating radio stations for the aforementioned one year period (the number of specified radio stations notified after the date of notification already submitted in accordance with the provisions of this paragraph), and pay, as a radio wave user fee within thirty days counting from the day of acceptance of the aforementioned notification, to the Government the amount obtained by multiplying 540 yen by the aforementioned excess number of specified radio stations and the number obtained by dividing the number of months of the aforementioned period by 12 for the period from the month of the aforementioned excess to the month prior to the month to which the corresponding date of subsequent blanket license (the previous day in the absence of corresponding date) belongs, or to the month prior to the month to which the day subsequent to the expiration date of the aforementioned blanket license belongs.

(5) The provision of paragraphs (1) and (3) shall not apply to the licensees of the following radio stations:

i) Radio stations licensed under the provision of Article 27 paragraph (1)

ii) Radio stations established by local public bodies and used for the purpose of fire control by prefectural governors or organizations for fire control set up under the provision of Article 9 (and Article 18 of the Law to which the provisions of Article 9 shall apply, mutatis mutandis) of the Organization of Fire Control Law (Law No. 226 of 1947)

iii) Radio stations established by local public bodies or flood control and management bodies under the provisions of Article 2 paragraph (1) of the Flood Control Law (Law No. 193 of 1949) and used for the purpose of flood control by prefectural governors, flood control managers under the provision of paragraph (2) of the same article or flood control bodies

(6) The amount of the Spectrum User Fee which licensees of the radio stations (except those specified under item ii) and iii) of the preceding paragraph) established by local public bodies for the purpose of providing the necessary communications for disaster prevention under the provision of the Local Disaster Prevention Plan set forth in Article 2 paragraph (10) of the Disaster Control Fundamental Law (Law No. 223 of 1961) shall pay corresponds, irrespective of the provisions of paragraphs (1), (3) and (4), to half of that amount of money specified under the provisions of the aforementioned respective paragraph.

(7) The number of months in paragraphs (1) and (3) shall be reckoned according to the calendar, and the fractions less than a month shall be appraised as one month.

(8) Licensees (except blanket licensees) in paying the Spectrum User Fee under the provisions of paragraph (1) shall be allowed to pay in advance the Spectrum User Fee for the period after the corresponding date of the following year.

(9) The portion of the Spectrum User Fee paid in advance under the provisions of the preceding paragraph which relates to the period after the first corresponding date following the request of the payer is to be refunded provided the payer has requested such refund.

(10) The Minister of Public Management, Home Affairs, Posts and Telecommunications may, upon receipt of a proposal from a licensee that the licensee expects to entrust withdrawal of its deposits or postal savings and payment of the Spectrum User Fee by the withdrawn money to a financial institution with which the licensee has a bank account or a postal savings account, approve the proposal only when determining that the payment is certain and the approval of the proposal is advantageous for the levy of the Spectrum User Fee.

(11) When the Spectrum User Fee related to the approval of the preceding paragraph is paid by the date specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications as the deadline of payment of the Spectrum Fee by the financial institution of the same paragraph, the payment shall be deemed to be made by the original deadline, even though the date of payment is after the original deadline.

(12) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall, by setting a deadline, press for payment by sending a reminder to the licensees who have not paid their due Spectrum User Fee.

(13) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall dispose of licensees who have not paid by the deadline the Spectrum User Fee pressed for payment and arrears under the provision of the following paragraph, in the manner of disposition for failure to pay national taxes. In this case, the ranking in the right of priority of the Spectrum User Fee and its arrears comes next to that of national taxes and local taxes.

(14) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall, when pressing for payment under the provisions of paragraph (12), levy arrears on an overdue Spectrum User Fee, reckoned according to the number of days from the day following the deadline to the preceding day of its payment or of seizure of property, with the rate being set at 14.5% per year. However this shall not apply to where it is deemed to have occurred under unavoidable conditions, or other cases specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.

Article 103-3.

(1) The Government shall fund every fiscal year the outlays for spectrum users' common benefit by the amount of money corresponding to the estimated revenue of the Spectrum User Fee of that year under the provisions of the national budget. However, where the amount of money is estimated to exceed the estimated expense of the outlay for spectrum users' common benefit of that year, this shall not apply to the amount of money in excess.

(2) The Government shall fund, where it is deemed to be necessary to do so taking into account of the needed common benefit costs for radio waves use in that year, in addition to the estimated revenue of the Spectrum User Fee of that year, all or a part of the amount of money reckoned by subtracting the total amount of the settled account (estimated account, as for the year preceding that year) of the outlay for spectrum users' common benefit of each year from 1993 to the year preceding that year, from the total amount of the settled account (estimated account, as for the year preceding that year) of the revenue of the Spectrum User Fee of each year from 1993 to the year preceding that year.

(Foreign Radio Stations Established on Board Ships or Aircraft)

Article 103-4.

(1) No provisions of Chapters II and IV shall apply to foreign radio stations established on board ships or aircraft.

(2) Radio stations of the preceding paragraph are allowed to operate only where conducting communications falls under the following items:

i) Communications of any of the items of Article 52.

ii) Communications with radio stations which conduct telecommunications service

iii) Communications for the purpose of safe navigation (except those of the preceding item).

(Foreign Radio Stations Sharing the Same Person (s) with Whom the Specified Radio Stations Conduct Radio Communications)

Article 103-5.

(1) Irrespective of the provisions of Chapter II, Chapter III and Chapter IV, a blanket licensee may operate, with the permission of the Minister of Public Management, Home Affairs, Posts and Telecommunications, foreign radio stations sharing the same person (s) with whom the specified radio stations under the blanket license conduct radio communications and emitting only the radio waves of frequency automatically selected by receiving the radio waves from the radio station with which the radio communications is conducted in this country.

(2) Upon receipt of application for the permission under the preceding paragraph, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall grant the permission when the radio equipment of radio station under the application satisfies the technical regulations specified in Chapter III.

(3) Where the blanket license held by the blanket licensee loses its validity, the permission of the paragraph (1), which is granted to the blanket licensee shall lose its validity.

(4) When the blanket licensee has been granted the permission of the paragraph (1), the radio stations under the aforementioned permission shall be deemed as specified radio stations under the blanket license of the aforementioned blanket licensee, and the provisions of Chapter V and Chapter VI shall be applied thereto. However, the provisions of Article 71 paragraph (2), Article 76 paragraph (3) item i) and ii) and Article 76-2 shall not apply.

(Exemption of Application to the Government, Etc.)

Article 104.

(1) No provisions of Article 103, Article 103-2 nor those of Chapter IX shall apply to the Government, and no provisions of Article 103 nor Article 103-2 shall apply to the independent administrative institutions (limited to those institutions specified in the applicable cabinet order, considering said independent administrative institutions' activities, etc.) under Article 2 paragraph (1) of the Independent Administrative Institution General Law (Law No. 103 of 1999). However, the provisions of Article 103 and Article 103-2 shall apply to those entities which are regarded as government organizations under other Laws.

(2) Where the provisions of this Law apply to the Government, "license" or "permission" shall be replaced with "authorization".

(Conditions, Etc. of Pre-permits, Etc.)

Article 104-2.

(1) Any restrictions or a term may be affixed to a pre-permit, license or permission.

(2) Such restrictions or terms of the preceding paragraph shall be limited to a minimum extent necessary for promoting the public interest or ensuring the attainment of the purposes involved in a pre-permit, license or permission, without undue obligations upon the persons who suffer such administrative dispositions.

(Entrustment of Authority)

Article 104-3.

(1) The authority of the Minister of Public Management, Home Affairs, Posts and Telecommunications provided in this Law may partially be entrusted, in accordance with the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #, to the Director-General of each Regional Telecommunications Bureau and to the Director-General of the Okinawa Office of Posts and Telecommunications.

# The Regulations for Enforcement of the Radio Law, Article 51-7.

(2) The provisions of Articles 85 through 99 shall apply, mutatis mutandis, to a request for examination or an action against administrative dispositions which the Director-General of each Regional Bureau of Telecommunications or the Director-General of the Okinawa Office of Posts and Telecommunications has made with the authority entrusted under the preceding paragraph. In this case, "the Minister of Public Management, Home Affairs, Posts and Telecommunications" in Article 96-2 shall be read as "the Director-General of Regional Bureau of Telecommunications or the Director-General of the Okinawa Office of Posts and Telecommunications " and "the decision given to the protest" in the same article shall be read as "the judgment on the request for examination."

(Demand for Examination on Administrative Dispositions Made by a Designated Certification Agency)

Article 104-4.

(1) A person who is dissatisfied with administrative dispositions which a designated certification agency, or a designated examinations executing agency, has made under the provisions of this Law may request the examination of the Minister of Public Management, Home Affairs, Posts and Telecommunications.

(2) The provisions of Articles 85 through 96 shall apply, mutatis mutandis, to a request for examination under the preceding paragraph; and the provisions of Articles 96-2 through 99, to a lawsuit against administrative dispositions made under the preceding paragraph. In this case, "the Minister of Public Management, Home Affairs, Posts and Telecommunications" in Article 90 paragraph (2) and Article 96-2 shall be read as "the designated certification agency or the designated examinations executing agency," "the ministerial staffs" in Article 90 paragraph (2) shall be read as "the officer or staff" and "the decision made to the protest" in Article 96-2 shall be read as "the judgement on the request for examination."

(Transitional Measures)

Article 104-5.

When any order is established, amended or abolished under the provisions of this Law, necessary transitional measures (including those related to penal provisions) may be specified in that order as deemed to be reasonably necessary in establishing, amending or abolishing that order.