Chapter II. TelecommunicationsBusiness

Section 1. General Provisions (Article 6 through Article 8)
Section 2. Registration, Etc. of Business (Article 9 throughArticle 18)
Section 3. Business Activities (Article 19 through Article40)
Section 4. Telecommunications Facilities
Sub-Section 1) Telecommunications Facilities forUse of Telecommunications Business (Article 41 through Article 51)
Sub-Section 2) Connection, Etc. of Terminal Facilities(Article 52 through Article 73)
Section 5. Designated Examination Agency, Etc.
Sub-Section 1) Designated Examination Agency (Article74 through Article 85)
Sub-Section 2) Registered Approval Agency (Article 86through Article 103)
Sub-Section 3) Recognized Approval Body (Article 104 andArticle 105)
Section 6. Universal Telecommunications Service Support Institution(Article 106 through Article 116)


Section 1. General Provisions (Article6 through Article 8)


(Fairness in Use)
Article 6.
Any telecommunications carrier shall not discriminate unfairly in providingtelecommunications services.

(Provision of Universal Telecommunications Services)
Article 7.
Any telecommunications carrier providing universal telecommunicationsservices (meaning telecommunications services, which are stipulated inthe applicable ministerial ordinance of the MIC that in order to ensure theprovision of such telecommunications services nationwide which are indispensablefor people's daily lives.  Hereinafter, the same shall apply.) shallmake efforts to provide such services appropriately, impartially and stably.

(Ensuring of Essential Communications)
Article 8.
(1)  Any telecommunications carrier shall, when a natural disaster,accident or any other emergency occurs or at a risk of occurrence thereof,give priority to communications whose content are necessary for the preventionof or relief from calamities, for the securing of transportation, communicationsor electric power supply, or for the maintenance of public order. The same shall apply to the other communications urgently needed to ensurethe public interest stipulated in the applicable ministerial ordinanceof the MIC.

(2)  For the cases mentioned in the preceding paragraph, a telecommunicationscarrier may, if necessary, suspend part of its telecommunications activitiesin accordance with the standards stipulated in the applicable ministerialordinance of the MIC.

(3)  Any telecommunications carrier shall, in the cases where saidtelecommunications carrier interconnects its telecommunications facilitieswith other telecommunications carriers in order to ensure smooth operationsof communications stipulated in paragraph (1) (hereinafter referred toas "essential communications") in collaboration with said other telecommunicationscarriers, take necessary measures to conclude an agreement for preferentialtreatment of essential communications and the like, as specified in theapplicable ministerial ordinance of the MIC.

Section 2. Registration, Etc. ofBusiness (Article 9 through Article 18)


(Registration of Telecommunications Business)
Article 9.
Any person who intends to operate telecommunications business shallobtain registration from the Minister.  Provided, however, that the scale oftelecommunications circuit facilities (meaning telecommunications circuitfacilities connecting transmitting points with receiving points, switchingfacilities installed as inseparable units therefrom, and other facilitiesaccessory to such facilities; hereinafter the same shall apply.) as installedby the person and the scope of areas where said telecommunications circuitfacilities are installed do not exceed the standards specified in the applicableministerial ordinance of the MIC, this shall not apply.

Article 10.
(1)  Any person who intends to obtain the registration stipulatedin the preceding article shall, as specified in the applicable ministerialordinance of the MIC, submit an application describing the following mattersto the Minister:

i)  Name and address of the applicant and, in the caseswhere the applicant is a juridical person, name of the representative
ii)  Service areas
iii)  Outline of telecommunications facilities
(2)  A written covenant stating that the applicant does not fall underany item of item i) through item iii), paragraph (1), Article 12, and otherdocuments specified in the applicable ministerial ordinance of the MIC shallbe attached to the application referred to in the preceding paragraph.

(Implementation of Registration)
Article 11.
(1)  When an application for the registration under Article 9is submitted, the Minister shall register the following matters on the telecommunicationscarriers registration book, except where the Minister shall refuse theregistration in accordance with the provisions of paragraph (1) of thefollowing article:

i)  Matters specified in each item of paragraph (1) ofthe preceding article
ii)  Date and registration number
(2)  The Ministershall, when registered in accordance with the provisions of the precedingparagraph, send without delay to the applicant a notification to that effect.

(Refusal of Registration)
Article 12.
(1)  Where a person who has submitted an application of Article10 paragraph (1) falls under any of the following items, or where saidapplication or any document attached thereto includes any false entrieson any important matter or fails to describe any important information,the Ministershall refuse the registration:

i)  Any person who has been sentenced to a fine or severerpenalty in accordance with the provisions of this Law, the Wire TelecommunicationsLaw (Law No. 96 of 1953) or the Radio Law (Law No. 131 of 1950) and a termof two years has not yet elapsed since the day on which the person's sentenceor suspended sentence was served out
ii)  Any person whose registration was revoked in accordance withthe provisions of Article 14 paragraph (1) if a term of two years has notyet elapsed since the day of revocation
iii)  Any juridical person or association which has as an officeranyone who falls under any of the preceding two items
iv)  Any person where it is deemed that the launch of telecommunicationsservice of said person is inappropriate for the sound development of telecommunications
(2)  The Ministershall, where registration has been refused in accordance with the provisionsof the preceding paragraph, notify the person concerned to that effectin writing with reasons attached thereto.

(Registration of Change, Etc.)
Article 13.
(1)  Any person who has obtained registration under Article 9shall, before it changes any of the matters specified in item ii) or iii)of paragraph (1) of Article 10, obtain registration of change by the Minister. This shall not apply, however, to such minor changes specified in the applicableministerial ordinance of the MIC.

(2)  Any person who intends to obtain registration of change underthe preceding paragraph shall, as specified in  the applicable ministerialordinance of the MIC, submit to the Minister an application which describes thematters pertaining to the change.

(3)  The provisions of Article 10 paragraph (2), Article 11 andthe preceding article shall apply, mutatis mutandis, to the registrationof change under paragraph (1).  In this case, "the following matters"in Article 11 paragraph (1) shall be read as "the matters pertaining tothe change"; and "Where a person who has submitted an application referredof Article 10 paragraph (1) falls under any of the following items" inparagraph (1) of the preceding article shall be read as "Where a personwho has submitted an application for registration pertaining to changefalls under any of the following items (except item ii))".

(4)  Any person  registered in accordance with the provisionsof Article 9 shall, when any of the matters specified in Article 10 paragraph(1) item i) has been changed or any of minor changes specified in the provisoof paragraph (1) has been made,  submit without delay a notificationto the Ministerto that effect.  The Minister shall, upon receipt of said notification,change without delay said registration.

(Revocation of Registration)
Article 14.
(1)  The Minister may revoke registration under Article 9, if a personregistered under the same article falls under any of the following items:

i)  When said person  registered under Article 9has violated the provisions of this Law, or any orders or administrativedispositions thereunder and, hence, is determined that the public interestis being hindered
ii)  When the person has obtained registration under Article 9or registration of change under paragraph (1) of the preceding articlethrough dishonest means
iii)  When the person has come to fall under Article 12 paragraph(1) item i) or iii)
(2)  The provisions of Article 12 paragraph (2) shall apply, mutatismutandis, to the cases under the preceding paragraph.

(Striking Out of Registration Record)
Article 15.
When a notification of the discontinuation of all of the operationsof telecommunications business or of the dissolution thereof has been submittedin accordance with the provisions of Article 18 paragraph (1) or paragraph(2), or when the Minister has revoked registration in accordance with the provisionsof paragraph (1) of the preceding article, the Minister shall strike outthe registration record of said person registered under Article 9.

(Notification of Telecommunications Business)
Article 16.
(1)  Any person (except a person who has to obtain registrationunder Article 9) who intends to operate a telecommunications business shall,as specified in  the applicable ministerial ordinance of the MIC, submita notification to that effect to the Minister with documents that describe thefollowing matters:

i)  Name and address of the applicant and, in the caseswhere the applicant is a juridical person, name of the representative
ii)  Service areas
iii)  Outline of telecommunications facilities (limited to thecases where the person installs telecommunications facilities for telecommunicationsbusiness under Article 44 paragraph (1))
(2)  Any person who has submitted a notification in accordance withthe preceding paragraph shall, when any of the matters specified in itemi) of the same paragraph has been changed, submit without delay a notificationto the Ministerto that effect.

(3)  Any person who has submitted a notification in accordancewith the paragraph (1) shall, before it changes any of the matters specifiedin item ii) or item iii) of the same paragraph, submit a notification to the Ministerto that effect.  This shall not apply, however, to such minor changesspecified in the applicable ministerial ordinance of the MIC.

(Succession)
Article 17.
(1)  Where transfer of all of the operations of telecommunicationsbusiness, or merger, break-up (limited to those succeeding to all of theoperations of telecommunications business) or inheritance with respectto a telecommunications carrier has been completed, the transferee whohas taken over all of the operations of that business, or the juridicalperson who continues to exist after merger or who has been establishedas a result of merger, or the juridical person who has succeeded to allof the operations of said business after break-up or the inheritor (wherethere are two or more inheritors, one who has succeeded to said telecommunicationscarrier after consultations among inheritors concerned.  Hereinafterin this paragraph the same shall apply.), shall succeed to the telecommunicationscarrier status.  Provided, however, that where said telecommunicationscarrier is a person who is registered under Article 9, if the transfereewho has taken over all of the operations of said telecommunications business,or the juridical person who continues to exist after merger or who hasbeen established as a result of merger, or the juridical person who hassucceeded to all of the operations of said telecommunications businessafter break-up or the inheritor falls under any of Article 12 paragraph(1) item i) through item iii), this shall not apply.

(2)  Any person who has succeeded to the telecommunications carrierstatus in accordance with the provisions of the preceding paragraph shallsubmit without delay a notification to the Minister to that effect.

(Suspension and Discontinuation of Business, and Dissolution of JuridicalPerson)
Article 18.
(1)  When a telecommunications carrier has suspended or discontinuedpart or all of the operations of its telecommunications business, saidtelecommunications carrier shall submit without delay a notification tothe Ministerto that effect.

(2)  When a juridical person who is a telecommunications carrierhas been dissolved due to reasons other than merger, the liquidator incharge (or the trustee in bankruptcy in the case of dissolution due tobankruptcy) shall submit without delay a notification to the Minister to that effect.

(3)  When a telecommunications carrier intends to suspend or discontinuepart or all of the operations of its telecommunications business, as specifiedin the applicable ministerial ordinance of the MIC, the telecommunications carriershall inform fully to that effect to users (meaning persons concludingcontracts with a telecommunications carrier to receive telecommunicationsservices.  Hereinafter the same shall apply.) of said telecommunicationsbusiness to be suspended and discontinued.  Provided, however, thatin the cases where suspension or discontinuation of a telecommunicationsbusiness specified in the applicable ministerial ordinance of the MIC as thosehaving a comparatively small influence on the users' benefit, this shallnot apply.

Section 3. Business Activities (Article19 through Article 40)


(Tariffs for Universal Telecommunications Services)
Article 19.
(1)  A telecommunications carrier providing universal telecommunicationsservices shall establish tariffs concerning terms and conditions includingcharges relating to the carrier's universal telecommunications services(except matters pertaining to technical requirements to be authorized inaccordance with the provisions of Article 52 paragraph (1) or Article 70paragraph (1) item i), and matters specified in the applicable ministerialordinance of the MIC) and shall submit  said tariffs to the Minister priorto application thereof, as specified in the applicable ministerial ordinanceof the MIC. The same shall also apply when such tariffs are to be amended.

(2)  The Minister may, if it is deemed that the tariffs notified in accordancewith the provisions of the preceding paragraph fall under any of the followingitems, order said telecommunications carrier providing universal telecommunicationsservices to change said tariffs within a reasonable time period:

i)  If calculating methods of charges are not stipulatedproperly and clearly.
ii)  If the tariffs related to the responsibilities to be assumedby a telecommunications carrier and its users, and allocation methods ofcosts related to installation and other works of telecommunications facilitiesare not properly and clearly stipulated.
iii)  If the tariffs unreasonably restrict utilization conditionsof the telecommunications circuit facilities.
iv)  If the tariffs include the provisions that unfairly discriminateagainst specified persons.
v)  If due consideration is not paid to the matters relating toessential communications.
vi)  If the tariffs impair the users' benefit because lead toillicit competition with other telecommunications carriers, or the tariffsare extremely improper in light of socioeconomic conditions.
(3)  With respect to terms and conditions including charges to bespecified in tariffs in accordance with the provisions of paragraph (1),no telecommunications carrier providing universal telecommunications servicesshall provide said universal telecommunications services otherwise thanpursuant to the tariffs notified in accordance with the provisions of thesame paragraph.  This shall not apply, however, where charges forsaid universal telecommunications services specified in the tariffs arereduced or exempted in accordance with the provisions of the followingparagraph.

(4)  A telecommunications carrier providing universal telecommunicationsservices may, in accordance with the standards specified in the applicableministerial ordinance of the MIC, reduce or exempt charges for said universaltelecommunications services specified in the tariffs notified in accordancewith the provisions of paragraph (1).

(Security Tariff for Designated Telecommunications Services)
Article 20.
(1)  A telecommunications carrier providing designated telecommunicationsservices (meaning telecommunications services, which are provided by atelecommunications carrier installing Category I designated telecommunicationsfacilities stipulated in Article 33 paragraph (2) through use of said CategoryI designated telecommunications facilities, in consideration of circumstancesthat other telecommunications services substituting said telecommunicationsservices are not sufficiently provided by other telecommunications carriers,by securing the provision of telecommunications services based on properterms and conditions including charges through use of said Category I designatedtelecommunications facilities of said telecommunications carrier installingCategory I designated telecommunications facilities, and which are specifiedas telecommunications services especially necessary for protecting theusers' benefit in the applicable ministerial ordinance of the MIC. Hereinafter the same shall apply.) shall establish tariffs concerning termsand conditions including charges relating to the carrier's designated telecommunicationsservices (except matters pertaining to technical requirements to be authorizedin accordance with the provisions of Article 52 paragraph (1) or Article70 paragraph (1) item i), and matters specified in the applicable ministerialordinance of the MIC.  The same shall apply to paragraph (5) and Article25 paragraph (2).) and shall submit said tariffs to the Minister prior to applicationthereof , as specified in the applicable ministerial ordinance of the MIC. The same shall also apply when such tariffs are to be amended.

(2) With respect to designated telecommunications services, which areuniversal telecommunications services, the provisions of the precedingparagraph (including the cases where the provisions that shall be readas the provisions in accordance with the provisions of paragraph (4) apply.)shall not apply to such telecommunications services.

(3) The Ministermay, when it is deemed that the tariffs (hereinafter referred to as "securitytariffs".) notified in accordance with the provisions of paragraph (1)(including the cases where the provisions that shall be read as the provisionsin accordance with the following paragraph apply.) fall under any of thefollowing items, order said telecommunications carrier providing designatedtelecommunications services to change said security tariffs within a reasonabletime period:

i)  If calculating methods of charges are not stipulatedproperly and clearly
ii)  If the tariffs related to the responsibilities to be assumedby a telecommunications carrier and its users, and allocation methods ofcosts related to installation and other works of telecommunications facilities,are not properly and clearly stipulated
iii)  If the tariffs unreasonably restrict utilization conditionsof the telecommunications circuit facilities
iv)  If the tariffs include provisions that unfairly discriminateagainst specified persons
v)  If due consideration is not paid to the matters relating toessential communications
vi)  If the tariffs impair the users' benefit because the tariffslead to illicit competition with other telecommunications carriers, orthe tariffs are extremely improper in light of socioeconomic conditions
(4) With respect to tariffs to be notified for the first time from theday of designation of telecommunications facilities in accordance withparagraph (1) to the Minister by a telecommunications carrier installing saidnewly designated telecommunications facilities in accordance with the provisionsof Article 33 paragraph (1), "shall submit said tariffs to the Minister priorto application thereof as specified in the applicable ministerial ordinanceof the MIC. The same shall also apply when such tariffs are to be amended." in paragraph(1) shall be read as "shall submit said tariffs within three months fromthe day of new designation in accordance with the provisions of Article33 paragraph (1) the Minister in accordance with the applicable ministerial ordinanceof the MIC.".

(5) No telecommunications carrier providing designated telecommunicationsservices shall, except as may be otherwise agreed upon terms and conditionsincluding charges for said designated telecommunications services withother parties, provide said designated telecommunications services unlessotherwise than pursuant to terms and conditions including charges specifiedin the security tariffs.  This shall not apply, however, where chargesfor said designated telecommunications services specified in the securitytariffs are reduced or exempted in accordance with the provisions of thefollowing paragraph.

(6) A telecommunications carrier providing designated telecommunicationsservices may, in accordance with the standards specified in the applicableministerial ordinance of the MIC, reduce or exempt charges for said designatedtelecommunications services specified in the security tariffs.

(Charges for Specified Telecommunications Services)
Article 21.
(1)  The Minister shall, at least once a year, as specified in the applicableministerial ordinance of the MIC, specify the level of charges that may benormally realized in consideration of reasonable cost based upon managerialefficiency, commodity prices and other economic conditions with use ofthe charge index (meaning figures that represent the level of charges forindividual categories of telecommunications services, which are calculatedwith the methods specified in the applicable ministerial ordinance of theMICbased upon charges that depend on the distance and speed of communicationsor other classifications, and based upon the amount of traffic, numberof circuits, etc. to which these charges are applied.  Hereinafterthe same shall apply.) for telecommunications services (meaning specifiedtelecommunications services being designated telecommunications services,which are specified in the applicable ministerial ordinance of the MIC as thosehaving a significant influence on the users' benefit from the perspectiveof its content, the scope of users, etc.  Hereinafter the same shallapply.) concerning individual categories of the specified telecommunicationsservices specified in the applicable ministerial ordinance of the MIC, and theMinistershall notify telecommunications carriers providing said specified telecommunicationsservices of the charge index (hereinafter referred to as the "standardcharge index") within the number of days before the day of applicationthereof specified in the applicable ministerial ordinance of the MIC.

(2)  Any telecommunications carrier providing specified telecommunicationsservices shall, notwithstanding the provisions of Article 19 paragraph(1) or paragraph (1) of the preceding article (including the cases wherethe provisions that shall be read as the provisions in accordance withthe provisions of paragraph (4) of the same article apply), obtain authorizationof the Ministerwhere it intends to change charges concerning specified telecommunicationsservices and if the charge index after said change exceeds the standardcharge index pertaining to said specified telecommunications services.

(3)  Upon receipt of application for authorization of the precedingparagraph, the Minister shall grant authorization of the same paragraph if itis deemed that there are specific reasons making it difficult to complywith the charges of a charge index being equivalent to or below the standardcharge index, and that the charges after the change pertaining to saidapplication do not fall under any of the following items:

i)  Calculating methods of charges are not stipulatedproperly and clearly.
ii)  The charges after the change unfairly discriminate againstspecified persons.
iii)  The charges after the change impair the users' benefit becausethe charges lead to illicit competition with other telecommunications carriers,or the charges are extremely improper in light of socioeconomic conditions.
(4) The Ministershall, after the application of the standard charge index and where a chargeindex of the charges concerning specified telecommunications services,to which said standard charge index applies, should exceed said standardcharge index, except if it is deemed that there are specific reasons makingit difficult to comply with the charges of a charge index being equivalentto or below said standard charge index, order telecommunications carriersproviding said specified telecommunications services, to change the chargesof said specified telecommunications services within a reasonable timeperiod.

(5)  The charges of telecommunications services (limited to universaltelecommunications services) to be provided by telecommunications carriersinstalling telecommunications facilities which had been Category I designatedtelecommunications facilities stipulated in Article 33 paragraph (2) usingsaid telecommunications facilities, and which had already obtained authorizationin accordance with the provisions of paragraph (2) at the time of the revocationof the designation specified in the provisions of Article 33 paragraph(1), shall be deemed to be the charges notified in accordance with theprovisions of Article 19 paragraph (1).

(6)  With respect to charges to be authorized in accordance withthe provisions of paragraph (2), no telecommunications carrier providingspecified telecommunications services shall provide said specified telecommunicationsservices otherwise than pursuant to the charges authorized in accordancewith the provisions of the same paragraph.  This shall not apply,however, where the charges for said specified telecommunications servicesare reduced or exempted in accordance with the provisions of the followingparagraph.

(7)  A telecommunications carrier providing specified telecommunicationsservices may, in accordance with the standards specified in the applicableministerial ordinance of the MIC, reduce or exempt charges for said specifiedtelecommunications services authorized in accordance with the provisionsof paragraph (2).

(Recording Amount of Traffic, Etc.)
Article 22.
Any telecommunications carrier providing specified telecommunicationsservices shall keep records of the amount of traffic, number of circuits,etc. of its specified telecommunications services in accordance with themethods specified in the applicable ministerial ordinance of the MIC.

(Posting, Etc. of Tariffs, Etc.)
Article 23.
(1)  Any telecommunications carrier providing universal telecommunicationsservices, designated telecommunications services or specified telecommunicationsservices shall, as specified in the applicable ministerial ordinance ofthe MIC,publish tariffs (including the technical requirements authorized in accordancewith the provisions of Article 52 paragraph (1) or Article 70 paragraph(1) item i)) notified in accordance with the provisions of Article 19 paragraph(1) or Article 20 paragraph (1) (including the cases where the provisionsthat shall be read as the provisions in accordance with the provisionsof paragraph (4) of the same article apply) or charges authorized in accordancewith the provisions of Article 21 paragraph (2) as well as post thereofat its business offices and other workplaces in a manner in which suchtariffs and charges can easily be seen by the general public.

(2)  The provisions of the preceding paragraph shall apply, mutatismutandis, to the terms and conditions pertaining to the matters specifiedin the applicable ministerial ordinance of the MIC under Article 19 paragraph (1)or Article 20 paragraph (1).

(Putting Accounts in Order)
Article 24.
Any telecommunications carrier providing universal telecommunicationsservices or designated telecommunications services shall put accounts inorder in accordance with the account headings and accounting practicesspecified in the applicable ministerial ordinance of the MIC, with the purposeof facilitating the proper calculation of charges relating to the universaltelecommunications services or the designated telecommunications servicesprovided by said telecommunications carrier.

(Obligation to Provide Services)
Article 25.
(1) Any telecommunications carrier providing universal telecommunicationsservices shall not, without due reason, refuse to provide universal telecommunicationsservices within its service areas.

(2) Any telecommunications carrier providing designated telecommunicationsservices shall not, except as may be otherwise agreed upon terms and conditionsincluding charges for said designated telecommunications services withother parties, without due reason, refuse to provide said designated telecommunicationsservices pursuant to terms and conditions including charges specified inthe security tariffs within its service areas.

(Accountability on Terms and Conditions)
Article 26.
Telecommunications carriers and persons who perform conclusion of contractsas business of intermediary, commission or procuration concerning the provisionof telecommunications services from other telecommunications carriers (hereinafterreferred to as "telecommunications carrier, etc.") shall, when intendingto perform conclusion of contracts, contracts as business of intermediary,commission or procuration concerning the provision of telecommunicationsservices that are specified as telecommunications services pertaining topeople's daily lives in the applicable ministerial ordinance of the MIC, withpersons who intend to receive telecommunications services (except personswho are telecommunications carriers), explain outlines of terms and conditionsincluding charges concerning said telecommunications services to the persons,as specified in the applicable ministerial ordinance of the MIC.

(Procedure for Processing Complaints, Etc.)
Article 27.
Any telecommunications carrier shall, properly and promptly, processcomplaints and inquiries from users (including persons who intend to receivetelecommunications services and except persons who are telecommunicationscarriers.  The same shall apply to Article 29 paragraph (2)) concerningoperations methods of said telecommunications carrier pertaining to telecommunicationsservices specified in the applicable ministerial ordinance of the MIC underthe preceding article or telecommunications services provided by said telecommunicationscarrier specified in the applicable ministerial ordinance of the MIC underthe same article.

(Reporting on Suspension, Etc. of Business Activities)
Article 28.
When a telecommunications carrier has suspended part of its telecommunicationsactivities in accordance with the provisions of Article 8 paragraph (2),or when with respect to telecommunications activities, a violation of secrecyof communications or any other significant accident specified in the applicableministerial ordinance of the MIC has occurred, it shall report to that effectwithout delay together with the reason or cause to the Minister.

(Order to Improve Business Activities)
Article 29.
(1)  The Minister may, if it is deemed that business activities of a telecommunicationscarrier fall under any of the following items, insofar as necessary toensure the users' benefit or the public interest, order said telecommunicationscarrier to take actions to improve operations methods or other measures:

i) When there is hindrance in ensuring secrecy of communicationswith respect to the operations methods of the telecommunications carrier
ii) When the telecommunications carrier unfairly discriminates againstspecified persons
iii) When the telecommunications carrier does not pay due considerationto the matters relating to essential communications
iv) When the users' benefit is impaired because of calculation methodsfor amounts of charges concerning telecommunications services (except universaltelecommunications services or designated telecommunications services (limitedto specified telecommunications services provided pursuant to terms andconditions including charges specified in security tariffs.).  Thesame shall apply in the following item through item vii).) provided bythe telecommunications carrier are not proper and clear
v) When the users' benefit is impaired because terms and conditionsincluding charges concerning telecommunications services provided by thetelecommunications carrier lead to illicit competition with other telecommunicationscarriers, or are extremely improper in light of socioeconomic conditions
vi) When the users' benefit is impaired because terms and conditions(except charges.  The same shall apply in the following item.) concerningtelecommunications services provided by the telecommunications carrierdo not properly and clearly specify matters concerning responsibilitiesto be assumed by the telecommunications carrier and its users, and allocationmethods of costs related to installation and other works of telecommunicationsfacilities
vii) When terms and conditions concerning telecommunications servicesprovided by the telecommunications carrier unreasonably restrict utilizationconditions of telecommunications circuit facilities
viii) When the telecommunications carrier fails to promptly make repairsor to take other actions necessary to remove the hindrance caused by anaccident to the provision of telecommunications services
ix) When, in addition to the preceding items, the users' benefit isimpaired as a result of inappropriate operations methods of the telecommunicationscarrier
x) When there is a risk of extreme impairment of the public interest because the telecommunications carrier fails to fulfill in good faith theobligations imposed by treaties or other international agreements withrespect to the international telecommunications activities
xi) When there is a risk of extreme impairment of the public interest because proper operations of other telecommunications carriers are interferedwith, due to the fact that the telecommunications carrier unfairly discriminatesagainst a specified telecommunications carrier in interconnecting or sharingtelecommunications facilities or in providing wholesale telecommunicationsservices (meaning telecommunications services for use of telecommunicationsbusiness of other telecommunications carriers.  Hereinafter the sameshall apply.), or to the fact that the telecommunications carrier conductsother unfair operations concerning such services
xii) When there is a risk of extreme impairment of the public interest because the telecommunications carrier's telecommunications business whichprovides telecommunications services without installing telecommunicationscircuit facilities for satisfying a demand pertaining to the telecommunicationsservices makes it difficult for the telecommunications carrier to financiallymaintain its telecommunications circuit facilities pertaining to the samedemand, which provides the telecommunications services by installing telecommunicationscircuit facilities which have been designed to satisfy said demand
(2) When a telecommunications carrier violates the provisions of Article26 or a telecommunications carrier violates the provisions of Article 27,the Ministermay, to the extent necessary to ensure the users' benefit, order said telecommunicationscarrier to improve operations methods or take other actions.

(Prohibited Acts, Etc.)
Article 30.
(1) As specified in the applicable ministerial ordinance of the MIC, the Minister may,regarding telecommunications carriers installing Category II designatedtelecommunications facilities stipulated in Article 34 paragraph (2), wherethe ratio of the previous year's profit pertaining to business activitiesof the provision of telecommunications services using said Category IIdesignated telecommunications facilities in said previous year's totalprofit pertaining to all business activities of the provision of the sametype of telecommunications services in the same service area pertainingto said telecommunications services surpasses the ratio specified in theapplicable ministerial ordinance of the MIC, when it is deemed necessaryto ensure proper competition with other telecommunications carriers inconsideration of the trend of said ratio and other circumstances, designatesaid telecommunications carriers installing said Category II designatedtelecommunications facilities as telecommunications carriers to whom theprovisions of paragraphs (3) through (5) shall apply.

(2)  The Minister shall, when it is deemed that there is no longer thenecessity for designation specified in the preceding paragraph, revokesaid designation.

(3)  Telecommunications carriers designated in accordance withthe provisions of paragraph (1) and telecommunications carriers installingCategory I designated telecommunications facilities stipulated in Article33 paragraph (2) shall not conduct acts listed in the following items:

i)  Abuse or the provision of proprietary informationon other telecommunications carriers or the users thereof, which was acquiredthrough interconnection business with telecommunications facilities ofsaid other telecommunications carriers, for purposes other than said business
ii)  In providing telecommunications services, unduly favorabletreatment or advantageous act, or unduly unfavorable treatment or disadvantageousact toward specified telecommunications carriers
iii)  Undue compulsion or intervention upon business of othertelecommunications carriers (including those who engage in telecommunicationsbusiness listed in each item of Article 164 paragraph (1)), or manufacturersor sellers of telecommunications facilities
(4)  The Ministermay, when it is deemed that there is a violation of the provisions of thepreceding paragraph, order to cease or change said acts toward telecommunicationscarriers designated in accordance with the provisions of paragraph (1)or telecommunications carriers installing Category I designated telecommunicationsfacilities  stipulated in Article 33 paragraph (2).

(5)  Telecommunications carriers designated in accordance withthe provisions of paragraph (1) and telecommunications carriers installingCategory I designated telecommunications facilities stipulated in Article33 paragraph (2) shall, as specified in the applicable ministerial ordinanceof the MIC,put accounts in order in accordance with the account headings and accountingpractices specified in the applicable ministerial ordinance of the MIC, and publicizeprofit and loss statements concerning telecommunications services and othermatters concerning accounting specified in the applicable ministerial ordinanceof the MIC.

Article 31.
(1)  Where a telecommunications carrier installing Category Idesignated telecommunications facilities stipulated in Article 33 paragraph(2) is a juridical person, its officers shall not concurrently be officersof subsidiaries (referred to subsidiaries specified in Article 211-2 paragraph(1) of the Commercial Code (Law No. 48 of 1899).  Hereinafter thesame shall apply in this paragraph.) of said telecommunications carrier,a parent company (referred to a parent company stipulated in Article 211-2paragraph (1) of the Commercial Code.  Hereinafter the same shallapply in this paragraph and Article87 paragraph (1) item iii) a).) whosesubsidiary is said telecommunications carrier or subsidiary of said parentcompany (except said telecommunications carrier) that are designated bythe Minister(hereinafter referred to as "telecommunications carrier having specialrelations").

(2)  Any telecommunication carrier (limited to the cases of a juridicalperson.  The same shall apply in this article) installing CategoryI designated telecommunications facilities stipulated in Article 33 paragraph(2) shall not conduct acts listed in the following items.  Provided,however, that there are unavoidable reasons specified in the applicableministerial ordinance of the MIC, this shall not apply.

i)  To give other telecommunications carriers unfavorabletreatment in comparison with telecommunications carriers having specialrelations in installation or maintenance of telecommunications facilitiesnecessary for interconnection with Category I designated telecommunicationsfacilities stipulated in Article 33 paragraph (2), use of land and buildingsand other works firmly affixed thereto, or the provision of information
ii)  To give other telecommunications carriers unfavorable treatmentin comparison with telecommunications carriers having special relationsin intermediary, commission or procuration of conclusion of contracts concerningthe provision of telecommunications services, or other business entrustmentfrom other telecommunications carriers
(3)  The Ministermay, when it is deemed that there are acts of violation of the provisionsof the preceding paragraph, order telecommunications carriers installingCategory I designated telecommunications facilities stipulated in Article33 paragraph (2), to cease or change said acts.

(4)  Telecommunications carriers installing Category I designatedtelecommunications facilities stipulated in Article 33 paragraph (2) shall,every year, as specified in the applicable ministerial ordinance of theMIC,report the Ministerof matters specified in the applicable ministerial ordinance of the MIC concerningmeasures taken for abiding by the provisions of the paragraph (2) and implementationstatus thereof.

(Interconnection with Telecommunications Circuit Facilities)
Article 32.
Any telecommunications carrier shall agree to the request for interconnectionof its telecommunications circuit facilities being installed by said telecommunicationscarrier from other telecommunications carriers with telecommunicationsfacilities of said other telecommunications carriers, except the caseslisted in the following items:

i)  Where there is a risk of hindering the smooth provisionof telecommunications services
ii)  Where there is a risk that said interconnection may unfairlyimpair the interest of said telecommunications carrier
iii)  Where there are due reasons specified in the applicableministerial ordinance of the MIC in addition to the cases listed in the precedingtwo items


(Interconnection with Category I Designated TelecommunicationsFacilities)
Article 33.
(1)  The Minister may, as specified in the applicable ministerial ordinanceof the MIC,designate,  the procedure in each area which is specified in the applicableministerial ordinance of the MIC by dividing the nation from the viewpointof the area of prefectures and of the actual usage of telecommunicationsservices, the combined total of: the transmission line facilities, oneend of which is connected to the users' telecommunications facilities (exceptmobile terminal facilities (referred to users' telecommunications facilitieswhich are radio facilities of moving radio stations.  The same shallapply to paragraph (1) of the following article)), and that are installedby one telecommunications carrier, where the ratio of the number of telecommunicationscircuits of the transmission line facilities to the number of telecommunicationscircuits in all transmission line facilities of the same kind installedin the same area exceeds the ratio specified in the applicable ministerialordinance of the MIC, and the telecommunications facilities installed insaid area by said telecommunications carrier as an integral part of saidfacilities and which is specified in the applicable ministerial ordinanceof the MIC,as the telecommunications facilities which interconnection with the telecommunicationsfacilities of other telecommunications carriers is essential for the enhancementof the users' benefit and the comprehensive and rational development oftelecommunications.

(2)  Any telecommunications carrier installing telecommunicationsfacilities designated in accordance with the provisions of the precedingparagraph (hereinafter referred to as "Category I designated telecommunicationsfacilities") shall establish interconnection tariffs which specify theamount of money which said telecommunications carrier installing said CategoryI designated telecommunications facilities will receive (hereinafter inthis article referred to as "interconnection charges") and other termsand conditions of interconnections, including technical requirements atinterconnection points with telecommunications facilities of other telecommunicationscarriers, distinctions as to type of telecommunications carriers for whichcharges of telecommunications services are specified (hereinafter referredto as "terms and conditions of interconnections"), in terms of the interconnectionof said Category I designated telecommunications facilities with the telecommunicationsfacilities of other telecommunications carriers, and shall obtain authorizationfrom the Minister. The same shall also apply where such interconnection tariffs are to beamended.

(3) Interconnection charges and terms and conditions of interconnectionsspecified in the interconnection tariffs to be authorized in accordancewith the preceding paragraph, which are specified in the applicable ministerialordinance of the MIC as those having a comparatively small influence on theenhancement of the users' benefit as well as comprehensive and rationaldevelopment of telecommunications, notwithstanding the same paragraph,are not required to obtain authorization thereof.

(4)  The Minister shall grant authorization stipulated in paragraph (2)(including the cases where the provisions that shall be read as the provisionsin accordance with the provisions of paragraph (16) apply.  Hereinafterthe same shall apply in this paragraph, paragraph (6), paragraph (9), paragraph(10) and paragraph (14)) when an application of paragraph (2) is deemedto conform to any of the following items:

i)  Matters listed in the following sub-items shall bespecified properly and clearly:
a)  Technical requirements at those points which are specifiedas standard in the applicable ministerial ordinance of the MIC among thoseinterconnection points where the interconnection of telecommunicationsfacilities with other telecommunications carriers is technically and economicallyfeasible.
b)  Interconnection charges by individual function specified inthe applicable ministerial ordinance of the MIC.
c)  Matters related to the responsibilities of a telecommunicationscarrier installing Category I designated telecommunications facilitiesand those of other telecommunications carriers who establish interconnectionwith them.
d)  Distinctions as to type of telecommunications carriers forwhich charges of telecommunications services are specified.
e) In addition to the matters listed in a) through d), the mattersspecified in the applicable ministerial ordinance of the MIC as necessary toaccomplish smooth interconnection with Category I designated telecommunicationsfacilities.
ii)  The interconnection charges shall be fair and justifiable inlight of the costs calculated in accordance with the methods specifiedin the applicable ministerial ordinance of the MIC as a fair amount based on efficientmanagement cost.
iii)  The terms and conditions of interconnections shall be noless favorable than those applicable when a telecommunications carrierinstalling Category I designated telecommunications facilities accomplishesinterconnection between the Category I designated telecommunications facilitiesand the telecommunications facilities of its own.
iv)  It shall not be unduly discriminating against specified telecommunicationscarriers.
(5)  The methods specified in the applicable ministerial ordinanceof the MICunder item ii) of the preceding paragraph (limited to the methods whichspecify interconnection charges for, of the functions specified in theapplicable ministerial ordinance of the MIC under b) of item i) of the sameparagraph, those specified in the applicable ministerial ordinance of theMICas deemed to have the potential to significantly improve efficiency pertainingto said functions in the provision of telecommunications services throughintroduction of advanced new technologies and interconnection with CategoryI designated telecommunications facilities) shall, in the cases where telecommunicationsservices are reorganized to increase efficiency of Category I designatedtelecommunications facilities through incorporation of advanced new telecommunicationstechnologies available on an ordinary basis, enable calculation of thecosts through the interconnection with said Category I designated telecommunicationsfacilities paying due consideration to the amount of traffic pertainingto telecommunications services to be provided through use of said CategoryI designated telecommunications facilities or expenses pertaining to saidCategory I designated telecommunications facilities which are to be increasedaccording to the increase in the number of circuits.

(6) The Ministermay, when it is deemed that there is hindrance in promoting the publicinterest because interconnection charges specified in interconnection tariffsauthorized under paragraph (2) come to be inappropriate in light of costsstipulated in paragraph (4) item ii) or terms and conditions of interconnectionsspecified in said interconnection tariffs come to be extremely inappropriatedue to fluctuation of socioeconomic circumstances, order telecommunicationscarriers installing Category I designated telecommunications facilitiesto apply for authorization of change of said interconnection tariffs, withina reasonable time period.

(7)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall establish interconnection tariffs,that are interconnection charges and terms and conditions of interconnectionsconcerning interconnections with Category I designated telecommunicationsfacilities installed by said telecommunications carrier, specified in theapplicable ministerial ordinance of the MIC specified in paragraph (3) andsubmit a notification prior to application thereof to the Minister.  Thesame shall also apply where such interconnection tariffs are to be amended.

(8) The Ministermay, when it is deemed that promotion of the public interest is impairedby the interconnection charges or terms and conditions of interconnectionsspecified in the interconnection tariffs in accordance with the provisionsof the preceding paragraph (including the cases where the provisions thatshall be read as the provisions in accordance with the provisions of paragraph(17) apply), order telecommunications carriers installing Category I designatedtelecommunications facilities to change said interconnection tariff withina reasonable time period.

(9)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall not, otherwise than pursuant to interconnectiontariffs authorized in accordance with the provisions of paragraph (2) ornotified in accordance with the provisions of paragraph (7) (includingthe cases where the provisions that shall be read as the provisions inaccordance with the provisions of paragraph (17) apply.) (Hereinafter inthis article referred to as "authorized interconnection tariffs, etc.".)enter into an agreement nor amend an agreement for interconnections betweenother telecommunications carriers concerning the Category I designatedtelecommunications facilities installed by said telecommunications carrier.

(10)  Notwithstanding the provisions of the preceding paragraph,if there are specific circumstances making conformity with authorized interconnectiontariffs, etc. difficult, a telecommunications carrier installing CategoryI designated telecommunications facilities may, subject to the authorizationof the Minister,enter into or amend an agreement concerning interconnections with CategoryI designated telecommunications facilities installed by said telecommunicationscarrier under different interconnection charges and terms and conditionsof interconnections (limited to those conforming to any items [except itemi) a) and b)] in paragraph (4), for those falling under the category ofinterconnection charges and terms and conditions of interconnections stipulatedin paragraph (2)) than those specified in the authorized interconnectiontariffs, etc.

(11)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall publish the authorized interconnectiontariffs, etc., as specified in the applicable ministerial ordinance ofthe MIC.

(12)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall, as specified in the applicable ministerialordinance of the MIC, by individual function specified in the applicableministerial ordinance of the MIC under b) of item i) of paragraph (4) pertainingto interconnections with said Category I designated telecommunicationsfacilities, keep records of the amount of traffic or the number of circuits,or other matters specified in the applicable ministerial ordinance of theMIC(referred to as "amount of traffic, etc." in paragraph (14)).

(13)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall, as specified in the applicable ministerialordinance of the MIC, put accounts in order relating to interconnectionswith Category I designated telecommunications facilities, and based onthe results of the accounting, shall disclose the profit and loss statementsrelating to the interconnections and other matters specified in the applicableministerial ordinance of the MIC.

(14)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall, with respect to interconnection chargesstipulated in paragraph (5), upon surpassing the term specified in theapplicable ministerial ordinance of the MIC not exceeding five years sinceit obtained authorization under paragraph (2), recalculate the interconnectionchargesbased on records of the amount of traffic, etc. and the results of accountskept in order specified in the same paragraph, in order to keep the interconnectioncharges fair and justifiable in light of the costs calculated with themethods specified in the applicable ministerial ordinance of the MIC underparagraph (4) item ii); with respect to interconnection charges other thanthe abovementioned case, said telecommunications carrier shall do the samewhen it has settled accounts for each business year in accordance withthe provisions of the preceding paragraph.

(15)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall make efforts to offer information necessaryfor other telecommunications carriers to accomplish smooth interconnectionsof their telecommunications facilities with the Category I designated telecommunicationsfacilities.

(16) With respect to interconnection charges and terms and conditionsof interconnections specified in the interconnection tariffs to be authorizedby the Ministerin accordance with paragraph (2) for the first time from the day of newdesignation of telecommunications facilities installed by a telecommunicationscarrier in accordance with paragraph (1), "shall obtain authorization fromthe Minister. The same shall also apply where such interconnection tariffs are to beamended." in paragraph (2) shall be read as "shall apply for authorizationwithin three months from the day of new designation in accordance withthe provisions of the preceding paragraph to the Minister.".

(17) With respect to interconnection charges and terms and conditionsof interconnections specified in the interconnection tariffs to be notifiedto the Ministerin accordance with the provisions of paragraph (7) for the first time fromthe day of new designation in accordance with the provisions of paragraph(1) of telecommunications facilities installed by a telecommunicationscarrier, "submit a notification prior to application thereof to the Minister. The same shall also apply where such interconnection tariffs are to beamended." in the same paragraph"  shall be read as "shall submit anotification of the tariffs within three months from the day of new designationin accordance with the provisions of paragraph (1)to the Minister.".

(18) With respect to an interconnection agreement concerning a newlydesignated telecommunications facilities, among agreements in force whichwere concluded by a telecommunications carrier installing newly designatedtelecommunications facilities in accordance with the provisions of paragraph(1) concerning interconnections of telecommunications facilities with othertelecommunications carriers, on the day of authorization from the Minister to theinterconnection tariff that has been applied for authorization by saidtelecommunications carrier in accordance with the provisions of paragraph(2) that shall be read as the provisions to be applied in accordance withthe provisions of paragraph (16), or on the day when said telecommunicationscarrier has submitted a notification of interconnection tariff in accordancewith the provisions of paragraph (7) that shall be read as the provisionsto be applied in accordance with the provisions of the preceding paragraph,whichever is later (hereinafter referred to as the "starting day of thecomputation" in this paragraph), the provisions of paragraph (9) shallnot apply within three months calculating from the starting day of thecomputation.

(Interconnection with Category II Designated Telecommunications Facilities)
Article 34.
(1)  The Minister may, as specified in the applicable ministerial ordinanceof the MIC,designate the combined total of: the transmission line facilities, oneend of which is connected to the specified mobile terminal facilities (referredto mobile terminal facilities specified in the applicable ministerial ordinanceof the MIC. The same shall apply in this paragraph.), and that are installed by onetelecommunications carrier, where the ratio of number of said specifiedmobile terminal facilities connected to all the transmission line facilitiesto all the specified mobile terminal facilities connected to all the transmissionline facilities of the same kind installed in the same area pertainingto telecommunications services utilizing said transmission line facilities,exceeds the ratio specified in the applicable ministerial ordinance ofthe MIC,and the telecommunications facilities installed by said telecommunicationscarrier in order to provide said telecommunications services and that arespecified in the applicable ministerial ordinance of the MIC, as the designatedtelecommunications facilities that shall ensure appropriate and smoothinterconnections with the telecommunications facilities of other telecommunicationscarriers.

(2)  Any telecommunications carrier installing telecommunicationsfacilities designated in accordance with the provisions of the precedingparagraph (hereinafter referred to as "Category II designated telecommunicationsfacilities") shall, concerning interconnections between said Category IIdesignated telecommunications facilities and telecommunications facilitiesof other telecommunications carriers, establish interconnection tariffson the amount of money said telecommunications carrier installing CategoryII designated telecommunications facilities receive and terms and conditionsof interconnections, and submit a notification prior to application thereofto the Minister,as specified in the applicable ministerial ordinance of the MIC.  Thesame shall also apply where such interconnection tariffs are to be amended.

(3)  The Minister may, when it is deemed that the interconnection tariffssubmitted as a notification specified in accordance with the provisionsof the preceding paragraph (including the cases where the provisions thatshall be read as the provisions in accordance with the provisions of paragraph(6) apply) fall under any of the following items, order said telecommunicationscarrier installing said Category II designated telecommunications facilitiesto change said interconnection tariffs within a reasonable time period:

i)  Where matters concerning responsibilities of telecommunicationscarriers installing Category II designated telecommunications facilitiesand other telecommunications carriers that interconnect their telecommunicationsfacilities with said Category II designated telecommunications facilitiesare not properly and clearly stipulated
ii) Where technical requirements at interconnection points with telecommunicationsfacilities of other telecommunications carriers are not properly and clearlystipulated
iii) Where distinctions as to type of telecommunications carriers forwhich charges of telecommunications services are specified are not properlyand clearly stipulated
iv)  Where the amount of money to be received by telecommunicationscarriers installing Category II designated telecommunications facilitiessurpasses the sum of reasonable costs and reasonable profit under efficientmanagement
v)  Where the interconnection tariffs place undue conditions toother telecommunications carriers
vi)  Where the interconnection tariffs unfairly discriminate againstspecified telecommunications carriers
(4)  Any telecommunications carrier installing Category II designatedtelecommunications facilities shall neither, otherwise than pursuant tointerconnection tariffs notified in accordance with the provisions of paragraph(2) (including the cases where the provisions that shall be read as theprovisions in accordance with the provisions of paragraph (6) apply. The same shall apply in the following paragraph.), enter into an agreementnor amend an agreement for interconnections between other telecommunicationscarriers concerning the Category II designated telecommunications facilities.

(5)  Any telecommunications carrier installing Category II designatedtelecommunications facilities shall, as specified in the applicable ministerialordinance of the MIC, publish the interconnection tariffs notified in accordancewith the provisions of paragraph (2).

(6) With respect to the amount of charges and terms and conditions ofinterconnections specified in the interconnection tariffs to be notifiedto the Ministerin accordance with the provisions of paragraph (2) for the first time fromthe day of new designation of telecommunications facilities installed bya telecommunications carrier in accordance with paragraph (1), "submita notification prior to application thereof to the Minister, as specified inthe applicable ministerial ordinance of the MIC.  The same shall also applywhere such interconnection tariffs are to be amended."  in paragraph(2) shall be read as "submit a notification of the interconnection tariffswithin three months from the day of new designation in accordance withthe provisions of the preceding paragraph to the Minister.".

(7) With respect to an interconnection agreement concerning a newlydesignated telecommunications facilities, among agreements in force whichwere concluded by a telecommunications carrier installing newly designatedtelecommunications facilities in accordance with the provisions of paragraph(1) concerning interconnections of telecommunications facilities with othertelecommunications carriers, on the day of notification (hereinafter referredto as "the day of notification" in this paragraph) to the Minister of the interconnectiontariffs that has been notified by said telecommunications carrier in accordancewith the provisions of paragraph (2) that shall be read as the provisionsto be applied in accordance with the provisions of preceding paragraph,the provisions of paragraph (4) shall not apply within three months calculatingfrom the day of notification.

(Order, Etc. Concerning Interconnections of Telecommunications Facilities)
Article 35.
(1)  Where a telecommunications carrier, in spite of other telecommunicationscarrier's proposal to enter into an agreement to interconnect telecommunicationsfacilities of said telecommunications carrier with telecommunications facilitiesof said other telecommunications carrier, does not accept entering intoa consultation or where said consultation fails to come to an agreement,the Ministershall, upon petition of said telecommunications carrier who proposed saidagreement, order said other telecommunications carrier to start or reopenthe consultation, except the cases where it is deemed that such interconnectionsfall under any item of Article 32 and an application for arbitration isfiled under the provisions of Article 155 paragraph (1).

(2)  Where, in addition to the cases stipulated in the precedingparagraph, in spite of one's proposal to enter into an agreement to interconnecttelecommunications facilities between telecommunications carriers , theother party does not accept entering into a consultation or where saidconsultation fails to come to an agreement, the Minister may, upon request of one ofsaid telecommunications carriers, order the other telecommunications carrierto start or reopen the consultation when it is deemed such interconnectionsespecially necessary and appropriate to promote the public interest, exceptthe cases where an application for arbitration under the provisions ofArticle 155 paragraph (1) is filed.

(3)  Where a consultation between the parties concerned about theinterconnections to telecommunications facilities of a telecommunicationscarrier fail to come to an agreement with respect to such details as theamount of money to be received and paid by them or other details includingterms and conditions of interconnections, a telecommunications carrierwho installs telecommunications facilities to be connected to said telecommunicationsfacilities of the telecommunications carrier may apply for an award tothe Minister. However, in the cases where the parties filed an application for arbitrationin accordance with the provisions of Article 155 paragraph (1), this shallnot apply.

(4)  When consultations between the parties concerned, except thecases stipulated in the preceding paragraph, after an order has been issuedin accordance with the provisions of paragraph (1) or paragraph (2), failto come to an agreement with respect to such details as the amount of moneyto be received and to be paid by them or other details including termsand conditions of interconnections, the party (or parties) may apply foran award to the Minister.

(5)  The Minister shall, upon receipt of such application for the awardspecified in the provisions of the preceding two paragraphs, notify theother party (or parties) of the application, and shall give the party (orparties) an opportunity to present answers in writing within a term tobe prescribed by the Minister.

(6)  The Minister shall, upon issuing such award under paragraph (3) orparagraph (4), notify without delay the party (parties) to that effect.

(7)  When the award of paragraph (3) or paragraph (4) has beenissued, the consultations between or among the parties shall be deemedto have come to an agreement, prescribed by the award.

(8)  Any of the parties who is dissatisfied with the award of paragraph(3) or paragraph (4) with respect to the amount of money to be paid orreceived by the party (or parties), may demand an increase or decreasein the amount by filing a lawsuit within three months of the day on whichthis party learns the results of the award.

(9)  In the case of a lawsuit of the preceding paragraph, the otherparty (or parties) shall be the defendant(s).

(10)  In lodging a petition of opposition to the award of paragraph(3) or paragraph (4), dissatisfaction with the amount of money to be paidor received by the party (or parties) shall not constitute grounds fordissatisfaction with the award.

(Plans as to Change or Addition of Functions of Category I DesignatedTelecommunications Facilities)
Article 36.
(1)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall submit a notification to the Minister whenthe telecommunications carrier has a plan to change or add to the existingfunctions (except those specified in the applicable ministerial ordinanceof the MIC)of said Category I designated telecommunications facilities,  as specifiedin the applicable ministerial ordinance of the MIC, within the number of days beforethe day of starting up said installation specified in the applicable ministerialordinance of the MIC.  The same shall apply to the cases where the planduly submitted is to be changed.

(2)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall, as specified in the applicable ministerialordinance of the MIC, publish the plan submitted in accordance with the provisionsof the preceding paragraph.

(3)  The Minister may, when there has been a notification in accordancewith the provisions of paragraph (1) and when it is deemed, as a resultof the implementation of the plan, that there is a risk of hindering thesmooth interconnections between Category I designated telecommunicationsfacilities and the telecommunications facilities of other telecommunicationscarriers, recommend said telecommunications carrier installing said CategoryI designated telecommunications facilities to change the plan.

(Agreement on Sharing Category I Designated Telecommunications Facilities)
Article 37.
(1)  Any telecommunications carrier installing Category I designatedtelecommunications facilities shall, when it enters into an agreement withother telecommunications carriers to share said Category I designated telecommunicationsfacilities, or amends such an agreement, as specified in the applicableministerial ordinance of the MIC, submit a notification in advance to the Minister.

(2) Any telecommunications carrier installing newly designated telecommunicationsfacilities in accordance with the provisions of Article 33 paragraph (1)shall, as specified in the applicable ministerial ordinance of the MIC, submitwithout delay a notification of an agreement concerning agreements on sharingof said telecommunications facilities among agreements in force betweensaid telecommunications carrier and other telecommunications carriers onthe day of said designation to the Minister.

(Order, Etc. Concerning Shared Use of Telecommunications Facilities)
Article 38.
(1)  Where, in spite of one party's proposal to enter into anagreement to share telecommunications facilities between telecommunicationscarriers, the other party does not accept entering into consultation orwhere such consultation fails to come to an agreement, the Minister may, uponrequest of one of said telecommunications carriers, order the other telecommunicationscarrier to start or reopen the consultation, when it is deemed such sharingespecially necessary and appropriate to promote the public interest, exceptwhen an application for arbitration is filed under the provisions of Article155 paragraph (1) applied, mutatis mutandis, in Article 156 paragraph (1).

(2)  The provisions of Article 35 paragraphs (3) through (10) areapplied, mutatis mutandis, to sharing of telecommunications facilities.In this case, "terms and conditions of interconnections" in Article 35paragraphs (3) and (4) shall be read as "terms and conditions for sharing";"installs telecommunications facilities to be connected to said telecommunicationsfacilities of the telecommunications carrier" in Article 35 paragraph (3)shall be read as "intends to enter into an agreement with telecommunicationscarriers"; "Article 155 paragraph (1)" in Article 35 paragraph (3) shallbe read as "Article 155 paragraph (1) applied, mutatis mutandis, in Article156 paragraph (1)"; and, "paragraph (1) or paragraph (2)" in Article 35paragraph (4) shall be read as "Article 38 paragraph (1)".

(Application, Mutatis Mutandis, to the Provision of Wholesale TelecommunicationsServices)
Article 39.
The provisions of Article 35 paragraphs (3) through (10) and paragraph(1) of the preceding article shall apply, mutatis mutandis, to the provisionof wholesale telecommunications services.  In this case, "terms andconditions of interconnections" in Article 35 paragraphs (3) and (4) shallbe read as "terms and conditions"; "agreement" in Article 35 paragraphs(3) and (4) and paragraph (1) of the preceding article shall be read as"contract"; "installs telecommunications facilities to be connected tosaid telecommunications facilities of the telecommunications carrier" inArticle 35 paragraph (3) shall be read as "intends to enter into a contractwith a telecommunications carrier"; "Article 155 paragraph (1)" in Article35 paragraph (3) shall be read as "Article 155 paragraph (1) applied, mutatismutandis, in Article 156 paragraph (2)"; "paragraph (1) or paragraph (2)"in Article 35 paragraph (4) shall be read as "Article 38 paragraph (1)applied, mutatis mutandis, in Article 39"; "such sharing" in paragraph(1) of the preceding article shall be read as "such provision"; and, "Article156 paragraph (1)" shall be read as "Article 156 paragraph (2)".

(Authorization of Agreements, Etc. with Foreign Governments, Etc.)
Article 40.
Any telecommunications carrier shall obtain authorization from theMinisterbefore the telecommunications carrier enters into, amends or terminatesan agreement or contract with a foreign government, or person or juridicalperson concerning telecommunications activities and includes importantmatters specified in the applicable ministerial ordinance of the MIC.

Section 4. Telecommunications Facilities


Sub-Section 1) Telecommunications Facilitiesfor Use of Telecommunications Business (Article 41 through Article 51)

(Maintenance of Telecommunications Facilities)
Article 41.
(1)  Any telecommunications carrier installing telecommunicationscircuit facilities shall maintain its telecommunications facilities (exceptthose specified in the applicable ministerial ordinance of the MIC as thosehaving a minor influence on the users' benefit in the cases of damage orfailure, etc. thereof) for use of its telecommunications business in compliancewith the technical conditions specified in the applicable ministerial ordinanceof the MIC.

(2) Any telecommunications carrier providing universal telecommunicationsservices shall maintain its telecommunications facilities (except telecommunicationsfacilities stipulated in the preceding paragraph) for use of its telecommunicationsbusiness for providing said universal telecommunications services in compliancewith the technical conditions specified in the applicable ministerial ordinanceof the MIC.

(3)  The technical conditions of the preceding two paragraphs shallbe so specified as to ensure the following matters:

i)  The provision of telecommunications service shallnot be extremely hindered by damage or failure of telecommunications facilities.
ii)  Quality of telecommunications services shall maintain anappropriate level.
iii)  Secrecy of communications shall not be violated.
iv)  Telecommunications facilities of users or other telecommunicationscarriers connected shall not be damaged or impaired, nor shall functionsthereof be impaired.
v)  The demarcation of responsibilities between the telecommunicationsfacilities of a telecommunications carrier and those of others shall beclearly stipulated.


(Self-Confirmation of Compliance of Telecommunications Facilitiesby Telecommunications Carriers)
Article 42.
(1) Any telecommunications carrier installing telecommunications circuitfacilities shall, as specified in the applicable ministerial ordinanceof the MIC,when intending to start operating telecommunications facilities stipulatedin paragraph (1) of the preceding article, confirm itself that said telecommunicationsfacilities (except those specified in the applicable ministerial ordinanceof the MIC)are in compliance with the technical conditions specified in the applicableministerial ordinance of the MIC under the same paragraph.

(2) The provisions of the preceding paragraph shall apply, mutatis mutandis,to the cases where a telecommunications carrier installing telecommunicationscircuit facilities intends to change matters of Article 10 paragraph (1)item iii) or Article 16 paragraph (1) item iii).  In this case, "saidtelecommunications facilities" in the preceding paragraph shall be readas "telecommunications facilities stipulated in paragraph (1) of the precedingparagraph after said change".

(3) Any telecommunications carrier installing telecommunications circuitfacilities shall, in the cases where the telecommunications carrier hasconfirmed compliance in accordance with the provisions of paragraph (1)(including the cases where paragraph (1) shall apply, mutatis mutandis,in the preceding paragraph), as specified in the applicable ministerialordinance of the MIC, before it starts operating telecommunications facilitiesstipulated in the same paragraph, submit a notification of the resultsof self-compliance confirmation to the Minister.

(4) The provisions of the preceding three paragraphs shall apply, mutatismutandis, to the case where a telecommunications carrier providing universaltelecommunications services intends to start operating telecommunicationsfacilities stipulated in paragraph (2) of the preceding article. In this case, "paragraph (1) of the preceding article" in paragraph (2)shall be read as "paragraph (2) of the preceding article".

(Order to Comply with Technical Conditions)
Article 43.
(1) The Ministermay, when it is deemed that telecommunications facilities stipulated inArticle 41 paragraph (1) fail to comply with the technical conditions stipulatedin the applicable ministerial ordinance of the MIC under the same paragraph, ordera telecommunications carrier installing said telecommunications facilitiesto repair or improve said telecommunications facilities so as to make themcomply with the technical conditions, or may restrict the use thereof.

(2) The provisions of the preceding paragraph shall apply, mutatis mutandis,to the cases where the Minister deems that telecommunications facilities stipulatedin Article 41 paragraph (2) fail to comply with the technical conditionsspecified in the applicable ministerial ordinance of the MIC under the same paragraph.

(Administrative Rules)
Article 44.
(1)  Any telecommunications carrier shall, as specified in theapplicable ministerial ordinance of the MIC, establish administrative rulesgoverning telecommunications facilities for telecommunications businessstipulated  in Article 41 paragraphs (1) or (2) (hereinafter referredto as "telecommunications facilities for telecommunications business"),in order to ensure the reliable and stable provision of telecommunicationsservices, and submit a notification of the administrative rules to theMinisterprior to the commencement of its telecommunications business.

(2)  When a telecommunications carrier has amended its administrativerules, it shall submit without delay a notification of the amended mattersto the Minister.

(Chief Telecommunications Engineer)
Article 45.
(1)  Any telecommunications carrier shall, as specified in theapplicable ministerial ordinance of the MIC, appoint chief telecommunicationsengineers selected from persons who have chief telecommunications engineer'slicenses, and place them in charge of the supervision of matters relatedto the installation, maintenance and operation of telecommunications facilitiesfor the telecommunications business.  Provided, however, that thetelecommunications facilities for the telecommunications business are smallscale ones or otherwise specified in the applicable ministerial ordinanceof the MIC,this shall not apply.

(2)  Any telecommunications carrier shall, when it has appointedchief telecommunications engineers in accordance with the provisions ofthe preceding paragraph,  submit without delay a notification to thateffect to the Minister. The same shall apply to the case of the dismissal of any of its chief telecommunicationsengineers.

(Chief Telecommunications Engineer's License)
Article 46.
(1)  Chief telecommunications engineer's licenses for switchingtechnology, for transmission technology and for line technology shall beclassified in the applicable ministerial ordinance of the MIC.

(2)  The scope of matters, with respect to the installation, maintenanceand operation of telecommunications facilities, allowed to be supervisedby a person who has a chief telecommunications engineer's license, shallbe specified in the applicable ministerial ordinance of the MIC, accordingto the class of the chief telecommunications engineer's license under thepreceding paragraph.

(3)  The Minister shall grant a chief telecommunications engineer's licenseto those persons who fall under any of the following items:

i)  A person who has passed the qualification examinationfor chief telecommunications engineers
ii)  A person who has completed a training course, which has beencertified by the Minister as complying with the standards specified in the applicableministerial ordinance of the MIC, for persons wishing to have a chief telecommunicationsengineer's license granted
iii)  A person whom the Minister recognizes as having expert knowledge andability not less than that of the persons listed in the preceding two paragraphs
(4)  The Ministermay, notwithstanding the provisions of the preceding paragraph, refuseto grant a chief telecommunications engineer's license to those personswho come under any of the following items:
i)  A person whose chief telecommunications engineer'slicense has been revoked in accordance with the provisions of the followingarticle, if a term of one year has not yet elapsed since the day of revocation
ii)  A person who has been sentenced to a fine or severer penaltyin accordance with the provisions of this Law, if a term of two years hasnot yet elapsed since the day on which the sentence was fulfilled or suspended
(5)  The procedural matters concerning the grant of chief telecommunicationsengineer's licenses shall be specified in the applicable ministerial ordinanceof the MIC.

(Return of Chief Telecommunications Engineer's License)
Article 47.
When a person who has a chief telecommunications engineer's licenseviolates the provisions of this Law or the orders issued thereunder, theMinistermay order the person to return the chief telecommunications engineer'slicense to the Minister.

(Qualification Examination for Chief Telecommunications Engineers)
Article 48.
(1)  The qualification examination for chief telecommunicationsengineers shall be conducted with respect to expert knowledge and abilitynecessary for the installation, maintenance and operation of telecommunicationsfacilities.

(2)  The qualification examination for chief telecommunicationsengineers shall be conducted by the Minister for each class of chief telecommunicationsengineer's license.

(3)  The subjects, application procedures and other details ofthe qualification examination for chief telecommunications engineers shallbe specified in the applicable ministerial ordinance of the MIC.

(Obligations of Chief Telecommunications Engineers)
Article 49.
Any chief telecommunications engineer shall in good faith exercisehis or her functions of the supervision of matters related to the installation,maintenance and operation of telecommunications facilities for telecommunicationsbusiness.

(Standards for Telecommunications Numbers)
Article 50.
(1)  Any telecommunications carrier shall, where the telecommunicationscarrier provides telecommunications services through use of telecommunicationsnumbers (meaning numbers, signs or other codes which a telecommunicationscarrier, upon the provision of telecommunications services, uses for theidentification of telecommunications facilities in order to connect betweenthe place of transmission and the place of reception, or for the identificationof the type or content of transmission the telecommunications facilitiesare to deliver.  The same shall apply hereinafter), ensure that thetelecommunications numbers shall comply with the standards specified inthe applicable ministerial ordinance of the MIC.

(2)  The standards specified in the preceding paragraph shall beones by which the following matters will be ensured:

i)  By using the telecommunications numbers, telecommunicationscarriers and the user shall clearly and easily identify telecommunicationsfacilities or the type or content of the telecommunications service.
ii) To firmly ensure the necessary telecommunications numbers whichare needed for the provision of telecommunications services
iii)  To avoid as much as possible the change of telecommunicationsnumbers
iv)  To ensure fair and efficient use of telecommunications numbers


(Compliance Order)
Article 51.
When it is deemed that the telecommunications numbers that a telecommunicationscarrier uses in making connection of its telecommunications facilitieswith those of other telecommunications carriers, or which the telecommunicationscarrier uses for handling urgently communications in light of the publicinterest, do not to comply with the standards specified in the applicableministerial ordinance of the MIC under paragraph (1) of the preceding article,the Ministermay order said telecommunications carrier to change said telecommunicationsnumbers to comply with the standards, or may prohibit usage thereof.

Sub-Section 2) Connection, Etc. of TerminalFacilities (Article 52 through Article 73)

(Technical Conditions for Connection of Terminal Facilities)
Article 52.
(1)  When a telecommunications carrier receives a request froma user for the connection of his or her terminal facilities (meaning telecommunicationsfacilities which are to be connected to one end of telecommunications circuitfacilities and part of which is to be installed on the same premises [includingthe areas regarded as the same premises] or in the same building whereany other part thereof is also to be installed.  Hereinafter the sameshall apply.) with its telecommunications circuit facilities (except thosespecified in the applicable ministerial ordinance of the MIC as those havinga minor influence on the users' benefit in the cases of damage or failure,etc.  The same shall apply in Article 69 and Article 70.), the telecommunicationscarrier shall not refuse the request, except in the cases specified inthe applicable ministerial ordinance of the MIC, including the cases where theconnection does not comply with the technical conditions (including technicalrequirements established, subject to the authorization of the Minister, by saidtelecommunications carrier or other telecommunications carriers whose telecommunicationsfacilities are connected to said telecommunications carrier specified inthe applicable ministerial ordinance of the MIC.  The same shall applyin the following paragraph and Article 69.) specified in the applicableministerial ordinance of the MIC.

(2)  The technical conditions of the preceding paragraph shallbe so provided as to ensure the following matters:

i)  The telecommunications circuit facilities shall notbe damaged, nor shall functions thereof be impaired.
ii)  Any nuisance shall not be caused to other users of the telecommunicationscircuit facilities.
iii)  The demarcation of responsibilities between the telecommunicationscircuit facilities established by a telecommunications carrier and terminalfacilities connected to them by a user shall be clearly stipulated.


(Technical Conditions Compliance Approval of Terminal Equipment)
Article 53.
(1)  A person who has been registered in accordance with the provisionsof Article 86 paragraph (1) (hereinafter referred to as a "registered approvalagency") shall, when another person requests the registered approval agencyto issue a technical conditions compliance approval (meaning an approvalthat terminal equipment complies with the technical conditions specifiedin the applicable ministerial ordinance of the MIC under paragraph (1) of the precedingarticle.  Hereinafter the same shall apply.) pertaining to its registration,as specified in the applicable ministerial ordinance of the MIC, examinethe request and shall issue a technical conditions compliance approvalonly when the terminal equipment (meaning equipment of specified typesof terminal facilities specified in the applicable ministerial ordinanceof the MIC. Hereinafter the same shall apply.) pertaining to said request is deemedto comply with the technical conditions specified in the applicable ministerialordinance of the MIC under paragraph (1) of the preceding article.

(2)  When a registered approval agency issues a technical conditionscompliance approval pertaining to its registration, the registered approvalagency shall affix the mark to the terminal equipment to that effect, asspecified in the applicable ministerial ordinance of the MIC.

(3)  No person shall, except when the mark is affixed in accordancewith the provisions of the preceding paragraph (including the cases wherethe preceding paragraph shall apply, mutatis mutandis, in Article 104 paragraph(4)), Article 58 (including the cases where Article 58 shall apply, mutatismutandis, in Article 104 paragraph (7) ) or Article 65, affix such a markor any other misleading mark to any terminal equipment within Japan.

(Order to Prevent Disturbance)
Article 54.
Where the Ministerdeems that terminal equipment being given a technical conditions complianceapproval by a registered approval agency and being affixed the mark ofparagraph (2) of the preceding article does not comply with the technicalconditions specified in the applicable ministerial ordinance of the MIC underArticle 52 paragraph (1), and, that there is a risk that the use of saidterminal equipment should disturb communications of other users via telecommunicationscircuit facilities, the Minister may, when deemed to be especially necessaryfor preventing expansion of said disturbance, order the person being givensaid technical conditions compliance approval to take necessary measuresfor preventing expansion of disturbance caused by said terminal equipment.

(Cases Where Terminal Equipment Is Deemed to Have No Mark)
Article 55.
(1) In the cases where terminal equipment being given a technical conditionscompliance approval by a registered approval agency and being affixed themark in accordance with the provisions of Article 53 paragraph (2) doesnot comply with the technical conditions specified in the applicable ministerialordinance of the MIC under Article 52 paragraph (1), when deemed to be especiallynecessary for preventing occurrence of disturbance in communications ofother users via telecommunications circuit facilities, said terminal equipmentshall be deemed to have no mark in accordance with the provisions of Article53 paragraph (2).

(2) The Ministershall, when terminal equipment is deemed to have no mark in accordancewith the provisions of the preceding paragraph, issue a public notice tothat effect.

(Certification of Type of Terminal Equipment)
Article 56.
(1)  A registered approval agency shall, when receiving a requestfrom a person who performs a business of dealing in terminal equipment,certify that the type of its terminal equipment (hereinafter referred toas the "certification of type of terminal equipment") complies with thetechnical conditions stipulated in the applicable ministerial ordinanceof the MICunder Article 52 paragraph (1) (including the method to verify that eachterminal equipment coincides with said type).

(2) In the cases where a registered approval agency has received a requestfor certification of type of terminal equipment pertaining to its registration,the registered approval agency shall examine the request, as specifiedin the applicable ministerial ordinance of the MIC, and shall certify the typeof terminal equipment only when the type of terminal equipment pertainingto said request is deemed to comply with the technical conditions specifiedin the applicable ministerial ordinance of the MIC under Article 52 paragraph (1)and only when it is deemed that any of the terminal equipment based onsaid type is ensured to coincide with said type.

(Obligations to Coincide with Type)
Article 57.
(1) Any person who obtained a certification of type of terminal equipmentfrom a registered approval agency (hereinafter referred to as a "certifieddealer") shall, where dealing in terminal equipment based on the type pertainingto said certification of type of terminal equipment (hereinafter referredto as a "certified type"), make said terminal equipment coincide with saidcertified type.

(2) Any certified dealer shall, in accordance with the method for confirmationpertaining to the certification of type of terminal equipment, inspectterminal equipment of the preceding paragraph pertaining to the dealing,as specified in the applicable ministerial ordinance of the MIC, make theinspection record thereon and keep thereof.

(Mark of Terminal Equipment Based on Certified Type)
Article 58.
A certified dealer may, when the certified dealer, with respect toterminal equipment based on a certified type, has fulfilled the obligationspecified in the provisions of paragraph (2) of the preceding article,affix the mark specified in the applicable ministerial ordinance of theMICto said terminal equipment.

(Order to Take Measures toward Certified Dealer)
Article 59.
The Ministermay, when the it is deemed that a certified dealer violates the provisionsof Article 57 paragraph (1), order said certified dealer to take necessarymeasures for improving the method of confirmation pertaining to the certificationof type of terminal equipment.

(Prohibition of Affixing the Mark)
Article 60.
(1) The Ministermay, in the cases listed in the following items, prohibit a certified dealerfrom affixing the mark of Article 58 to terminal equipment based on a certifiedtype or type specified in said items within a term of two years.

i) Where terminal equipment based on a certified type doesnot comply with the technical conditions specified in the applicable ministerialordinance of the MIC under Article 52 paragraph (1), when deemed especiallynecessary for preventing occurrence of disturb communications of otherusers via telecommunications circuit facilities (except the cases listedin item vi)):  the certified type of said terminal equipment
ii) When a certified dealer has violated the provisions of Article57 paragraph (2):  the certified type of terminal equipment pertainingto said violation
iii) When a certified dealer has violated the order in accordance withthe provisions of the preceding article:  the certified type of terminalequipment pertaining to said violation
iv) When a certified dealer has obtained a certification of type ofterminal equipment through dishonest means from a registered approval agency: the type pertaining to said certification of type of terminal equipment
v) When a registered approval agency has granted a certification oftype of terminal equipment in violation of the provisions of Article 56paragraph (2) or Article 91 paragraph (2) applied, mutatis mutandis, inArticle 103:  the type pertaining to said certification of type ofterminal equipment
vi) Where the technical conditions specified in the applicable ministerialordinance of the MIC under Article 52 paragraph (1) have been changed, whenit is deemed that the type being given a certification of type of terminalequipment before said change does not comply with the technical conditionsafter said change:  said type
(2) The Ministershall, when prohibiting the affixing of the mark to terminal equipmentin accordance with the provisions of the preceding paragraph, issue a publicnotice to that effect.

(Application, Mutatis Mutandis)
Article 61.
The provisions of Article 54 shall apply, mutatis mutandis, to certifieddealers, and the provisions of Article 55 shall apply, mutatis mutandis,to terminal equipment based on a certified type.  In these cases,"terminal equipment being given a technical conditions compliance approvalby a registered approval agency" in Article 54 shall be read as "terminalequipment based on a certified type"; "paragraph (2) of the preceding article"in Article 54 and "Article 53 paragraph (2)" in Article 55 paragraph (1)shall be read as "Article 58"; "the person having said technical conditionscompliance approval" in Article 54 shall be read as "the person havinga technical conditions compliance approval pertaining to said certifiedtype".

(Foreign Dealers)
Article 62.
(1) Where a person who obtained a technical conditions compliance approvalfrom a registered approval agency is a foreign dealer (meaning a personwho performs, in a foreign country, a business of dealing in terminal equipmentto be used in Japan.  Hereinafter the same shall apply.), with respectto application of the provisions of Article 54 to said foreign dealer,"order" in the same article shall be read as "request".

(2) Where a certified dealer is a foreign dealer, with respect to applicationof the provisions of Article 54 applied, mutatis mutandis, in Article 59,Article 60 paragraph (1) item iii) and the preceding article to said foreigndealer, "order" in Article 54 applied, mutatis mutandis, in Article 59and the preceding article shall be read as "request"; "has violated theorder" in Article 60 paragraph (1) item iii) shall be read as "has notmet the request"; and "said violation" in the same item shall be read as"said request".

(3) In addition to the provisions of Article 60 paragraph (1), the Minister may,in the cases listed in the following items, prohibit a foreign dealer whohas obtained a certification of type of terminal equipment from a registeredapproval agency from affixing the mark of Article 58 to terminal equipmentbased on a certified type specified in said items within a term of twoyears.

i) Where the Minister intends to make said foreign dealer reportto the Minister in accordance with the provisions of Article 166 paragraph(2) applied, mutatis mutandis, in paragraph (3) of the same article, whensaid foreign dealer fails to submit a report or makes a false report: the certified type of terminal equipment pertaining to said report
ii) Where the Minister intends to delegate any ministerial staff to carry outinspection at business offices, business establishments or other workplacesof said foreign dealer in accordance with the provisions of Article 166paragraph (2) applied, mutatis mutandis, in paragraph (3) of the same article,when the inspection was refused, obstructed or evaded:  the certifiedtype of terminal equipment pertaining to said inspection
iii) When said foreign dealer has not met the request to which theprovisions of Article 167 paragraph (1) that shall be read as the provisionsof paragraph (6) of the same article apply:  the certified type ofterminal equipment pertaining to said request
(4) When the Ministershall, in accordance with the provisions of the preceding paragraph, prohibitedthe affixing of the mark, issue a public notice to that effect.

(Self-Confirmation of Technical Conditions Compliance, Etc.)
Article 63.
(1) Manufacturers or importers of terminal equipment, which is specified,in consideration of the technical conditions for terminal equipment, actualuse of terminal equipment, etc., in the applicable ministerial ordinanceof the MICas those being at low risk of disturbing severely communications of otherusers via telecommunications circuit facilities (hereinafter referred toas "specified terminal equipment"), may confirm by themselves that thetype (including the method to verify that each terminal equipment coincideswith said type) of their terminal equipment complies with the technicalconditions specified in the applicable ministerial ordinance of the MIC underArticle 52 paragraph (1).

(2) Manufacturers or importers shall, only when they conduct verificationspecified in the applicable ministerial ordinance of the MIC, and deem that thetype of their specified terminal equipment complies with the technicalconditions specified in the applicable ministerial ordinance of the MIC underArticle 52 paragraph (1), and that it can be ensured that any of theirspecified terminal equipment based on said type coincides with said type,make the self-confirmation (referred to as "self-confirmation of technicalconditions compliance" in the following paragraph) in accordance with theprovisions of the preceding paragraph.

(3) Manufacturers or importers may, when making the self-confirmationof technical conditions compliance, as specified in the applicable ministerialordinance of the MIC, submit a notification of matters listed in the followingitems to the Minister.

i) Name and address and, in the cases where the applicant isa juridical person, name of the representative
ii) Class and type of specified terminal equipment for which the self-confirmationof technical conditions compliance was made
iii) Outline of verification results of the preceding paragraph
iv) Method to verify that any of terminal equipment based on the typeof item ii) coincides with said type
v) Other matters stipulated in the applicable ministerial ordinanceof the MICamong matters concerning methods for the self-confirmation of technicalconditions compliance
(4) Any person who submitted a notification in accordance with the provisionsof the preceding paragraph (hereinafter referred to as a "notified supplier")shall, as specified in the applicable ministerial ordinance of the MIC, makea record pertaining to verification of paragraph (2) and keep thereof.

(5) Any notified supplier shall, as specified in the applicable ministerialordinance of the MIC, upon changes of matters listed under paragraph (3)item i), item iv) or item v), without delay, submit a notification to thateffect to the Minister.

(6) The Ministershall, upon receipt of a notification of the provisions of paragraph (3),as specified in the applicable ministerial ordinance of the MIC, issue apublic notice to that effect.  Where a notification of the precedingparagraph is submitted, when matters on the public notice have been changed,the same shall apply.

(Obligations, Etc. to Coincide with Type)
Article 64.
(1) Any notified supplier shall, where manufacturing or importing specifiedterminal equipment based on the type pertaining to a notification of theprovisions of paragraph (3) of the preceding article (hereinafter referredto as a "notified type"), make said specified terminal equipment coincidewith said notified type.

(2) Any notified supplier shall, in accordance with the method for confirmationpertaining to the notification in accordance with the provisions of paragraph(3) of the preceding article, inspect its specified terminal equipmentof the preceding paragraph pertaining to the production or import, as specifiedin the applicable ministerial ordinance of the MIC, make an inspection record thereonand keep thereof.

(Mark)
Article 65.
A notified supplier may, when the notified supplier fulfilled the obligationin accordance with the provisions of paragraph (2) of the preceding article,with respect to specified terminal equipment based on a notified type,affix the mark specified in the applicable ministerial ordinance of theMICto said specified terminal equipment.

(Prohibition of Affixing the Mark)
Article 66.
(1) The Ministermay, in the cases listed in the following items, prohibit a notified supplierfrom affixing the mark of the preceding article to specified terminal equipmentbased on a notified type or type specified in said items within a termof two years.

i) Where specified terminal equipment based on a notified typedoes not comply with the technical conditions specified in the applicableministerial ordinance of the MIC under Article 52 paragraph (1), when deemedespecially necessary for preventing occurrence of disturbance in communicationsof other users via telecommunications circuit facilities (except the caseslisted in item v)):  the notified type of said specified terminalequipment
ii) Where a notified supplier submits a notification in accordancewith the provisions of Article 63 paragraph (3), when the notified supplierhas submitted a false notification:  the type pertaining to said falsenotification
iii) When a notified supplier has violated the provisions of Article63 paragraph (4) or Article 64 paragraph (2):  the notified type ofspecified terminal equipment pertaining to said violation
iv) When a notified supplier has violated the order in accordance withthe provisions of Article 59 applied, mutatis mutandis, in Article 68: the notified type of specified terminal equipment pertaining to said violation
v) Where the technical conditions specified in the applicable ministerialordinance of the MIC under Article 52 paragraph (1) have been changed, whenit is deemed that the type notified in accordance with the provisions ofArticle 63 paragraph (3) before said change does not comply with the technicalconditions after said change:  said type
(2) The Ministershall, when prohibiting the affixing of the mark to terminal equipmentin accordance with the provisions of the preceding paragraph, issue a publicnotice to that effect.

Article 67.
(1) The Ministermay, in the cases where a notified supplier fell under any of paragraph(1) items ii) through iv) of the preceding article, when it is deemed thatthere is a risk that said notified supplier should again fall under itemsii) through iv) of the same paragraph, prohibit said notified supplierfrom affixing the mark of Article 65 to specified terminal equipment withina term of two years.

(2) The Ministershall, when prohibiting the affixing of the mark in accordance with theprovisions of the preceding paragraph, issue a public notice to that effect.

(Application, Mutatis Mutandis)
Article 68.
The provisions of Article 54 and Article 59 shall apply, mutatis mutandis,to specified terminal equipment and notified suppliers, and the provisionsof Article 55 shall apply, mutatis mutandis, to specified terminal equipmentbased on a notified type.  In these cases, "terminal equipment beinggiven a technical conditions compliance approval by a registered approvalagency" in Article 54 shall be read as "terminal equipment based on a notifiedtype"; "paragraph (2) of the preceding article" in the same article and"Article 53 paragraph (2)" in Article 55 paragraph (1) shall be read as"Article 65"; "the person being given said technical conditions complianceapproval" in Article 54 shall be read as "the person being given a technicalconditions compliance approval pertaining to said notified type"; "Article57 paragraph (1)" in Article 59 shall be read as "Article 64 paragraph(1)"; "certification of type of terminal equipment" in Article 59 shallbe read as "notification in accordance with the provisions of Article 63paragraph (3)".

(Inspection of Connection of Terminal Equipment)
Article 69.
(1)  When terminal equipment of a user has been connected to telecommunicationscircuit facilities of a telecommunications carrier, the user shall notuse the terminal equipment before said telecommunications carrier has inspectedthe connection and certified that it complies with the technical conditionsunder Article 52 paragraph (1), except the cases specified in the applicableministerial ordinance of the MIC, and except the cases where terminal equipmentbeing affixed the mark thereto (except terminal equipment deemed as thosehaving no mark in accordance with the provisions of Article 55 paragraph(1) (including the cases where Article 55 paragraph (1) shall apply, mutatismutandis, in Article 61, the preceding article, and Article 104 paragraph(4) and paragraph (7)) specified in the provisions of Article 53 paragraph(2) (including the cases where Article 53 paragraph (2) shall apply, mutatismutandis, in Article 104 paragraph (4)), Article 58 (including the caseswhere Article 58 shall apply, mutatis mutandis, in Article 104 paragraph(7)) or Article 65 has been connected.  The same shall apply to thecases of any change made in the connection.

(2)  A telecommunications carrier installing telecommunicationscircuit facilities may request the user concerned to have the connectionof their terminal facilities inspected to decide whether it complies withthe technical conditions under Article 52 paragraph (1), when the telecommunicationscarrier deems it to be necessary to do so in the cases where the smoothprovision of telecommunications services is impaired, including the casesof malfunction of terminal facilities.  In these cases, said usershall not refuse to comply with this request, except in the cases specifiedin the applicable ministerial ordinance of the MIC, and except the cases wherethere is due reason not to comply with it.

(3) Any person who conducts such inspections of the preceding paragraphshall carry an identification card and produce it to the persons concerned.

(Connection of Customer-Owned and Maintained Telecommunications Facilities)
Article 70.
(1)  When a telecommunications carrier has received a requestfrom any person other than a telecommunications carrier installing telecommunicationscircuit facilities for the connection of their telecommunications facilities(limited to those other than terminal facilities, hereinafter referredto as "customer-owned and maintained telecommunications facilities") tothe carrier's telecommunications circuit facilities, the telecommunicationscarrier shall not refuse the request except the cases listed in the followingitems:

i)  When the connection of the customer-owned and maintainedtelecommunications facilities does not comply with the technical conditionsstipulated in the applicable ministerial ordinance of the MIC (including technicalrequirements established, subject to the authorization of the Minister, by saidtelecommunications carrier or other telecommunications carriers specifiedin the applicable ministerial ordinance of the MIC whose telecommunications facilitiesare connected to said telecommunications carrier)
ii)  When said telecommunications carrier has obtained an approvalfrom the Ministerthat the connection of the customer-owned and maintained telecommunicationsfacilities would make it difficult for said telecommunications carrierto financially maintain its telecommunications circuit facilities
(2)  The provisions of Article 52 paragraph (2) shall apply, mutatismutandis, to the technical conditions of item i) of the preceding paragraph,and the provisions of the preceding article shall apply, mutatis mutandis,to the inspection of the connection of the customer-owned and maintainedtelecommunications facilities pertaining to the request of the precedingparagraph.  In these cases, "the technical conditions under Article52 paragraph (1)" in paragraphs (1) and (2) of the preceding article shallbe read as "the technical conditions of Article 70 paragraph (1) item i)(including the technical requirements of the same item)".

(Execution and Supervision of Installation by Installation Technician)
Article 71.
(1)  Any user shall, when connecting their terminal facilitiesor customer-owned and maintained telecommunications facilities to telecommunicationsfacilities, the user have a person being given an installation technician'slicense (hereinafter referred to as a "installation technician") executeor supervise the installation work pertaining to the connection on thesite, according to the class of installation technician's license. However, this shall not apply, unless otherwise stipulated in the applicableministerial ordinance of the MIC.

(2)  Any installation technician shall exercise in good faith theirfunctions of the execution or supervision of the installation work.

(Installation Technician's License)
Article 72.
(1)  The classes of installation technician's license and thescope of installation work pertaining to the connection of terminal facilitiesor customer-owned and maintained telecommunications facilities, to be executedor supervised by an installation technician shall be specified in the applicableministerial ordinance of the MIC.

(2)  The provisions of Article 46 paragraphs (3) through (5) andArticle 47 shall apply, mutatis mutandis, to the installation technician'slicense.  In these cases, "qualification examination for chief telecommunicationsengineers" in Article 46 paragraph (3) item i) shall be read as "qualificationexamination for installation technicians"; and "expert knowledge and ability"in item iii) of the same paragraph shall be read as "knowledge and technicalability".

(Qualification Examination for Installation Technicians)
Article 73.
(1)  The qualification examination for installation techniciansshall be conducted with respect to knowledge and technical ability necessaryfor the connection of terminal facilities and customer-owned and maintainedtelecommunications facilities.

(2)  The provisions of Article 48 paragraphs (2) and (3) shallapply, mutatis mutandis, to the qualification examination for installationtechnicians.  In these cases, "chief telecommunications engineer'slicense" in paragraph (2) of the same article shall be read as "installationtechnician's license".

Section 5. Designated Examination Agency,Etc.


Sub-Section 1) Designated Examination Agency(Article 74 through Article 85)

(Designation, Etc. of Designated Examination Agency)
Article 74.
(1)  The Minister may commission a designated person (hereinafter referredto as a "designated examination agency") to conduct affairs concerningthe execution of qualification examinations for chief telecommunicationsengineers or installation technicians (hereinafter referred to as "examinationwork").

(2)  The designation of an examination agency shall be made, onapplication from a person who intends to conduct examination work, accordingto the classification stipulated in the applicable ministerial ordinanceof the MIC.

(3)  When the Minister has designated a designated examination agency,the Minister shall issue a public notice to that effect.

(4)  When the Minister has designated a designated examination agency,the Minister shall no longer conduct the examination work for the classpertaining to said designation.

(Designation Standards for Designated Examination Agency)
Article 75.
(1)  The Minister shall not designate an examination agency unless noother examination agency has been designated to conduct examination workfor the class pertaining to the application of paragraph (2) of the precedingarticle and unless it is deemed that the application complies with eachof the following items:

i)  The applicant's plan for the execution of examinationwork regarding staff, facilities, execution methods of examination workand other matters shall be appropriate for the proper execution of theexamination work.
ii)  The applicant shall have an adequate financial basis andtechnical capability to properly execute the plan of the preceding itemfor the execution of examination work.
iii)  When the applicant engages in business activities otherthan examination work, there should be no risk of these activities makingthe examination work unfair.
(2)  The Ministershall not designate any person who has submitted an application of paragraph(2) of the preceding article, when that person falls under any of the followingitems:
i)  The applicant is any person other than a juridicalperson incorporated in accordance with the provisions of Article 34 ofthe Civil Code (Law No. 89 of 1896).
ii)  The applicant is a person who has been sentenced to a fineor severer penalty in accordance with the provisions of this Law, the WireTelecommunications Law or the Radio Law, if a term of two years has notyet elapsed since the day on which the sentence was fulfilled or suspended.
iii)  The applicant is a person whose designation was revokedin accordance with the provisions of Article 84 paragraph (1) or (2), ifa term of two years has not yet elapsed since the day of revocation.
iv)  The applicant is a person any of whose officers falls underany of the following:
a)  Any person who falls under item ii)
b)  Any person who has been dismissed by an order in accordancewith the provisions of Article 77 paragraph (3), if a term of two yearshas not yet elapsed since the day of dismissal


(Qualification Examiner)
Article 76.
A designated examination agency shall, in execution of examinationwork, have a person who has the qualifications stipulated in the applicableministerial ordinance of the MIC (hereinafter referred to as a "qualificationexaminer") conduct the examination work related to the judgment of whetherexaminees have the expert knowledge and ability necessary for chief telecommunicationsengineers or knowledge and technical ability necessary for installationtechnicians.

(Appointment and Dismissal of Officers, Etc.)
Article 77.
(1)  No appointment and dismissal of officers of a designatedexamination agency shall take effect unless authorized by the Minister.

(2)  When a designated examination agency appoints or dismissesits qualification examiner, it shall submit without delay a notificationto that effect to the Minister.

(3)  When an officer or qualification examiner of a designatedexamination agency has violated this Law, the orders or administrativedispositions issued thereunder, or the examination work rules stipulatedin Article 79 paragraph (1), the Minister may order the designated examination agencyto dismiss the officer or qualification examiner.

(Confidentiality, Etc.)
Article 78.
(1)  Any officer or staff (including qualification examiners)of a designated examination agency, or any person who was in such position,shall not divulge any secret which has come into their knowledge with respectto examination work.

(2)  Any officer or staff (including qualification examiners) ofa designated examination agency who engages in examination work shall bedeemed to be a person engaged in public duties in accordance with lawsand ordinances with respect to the application of the Criminal Code (LawNo. 45 of 1907) and other penal provisions.

(Examination Work Rules)
Article 79.
(1)  A designated examination agency shall establish examinationwork rules governing matters concerning the execution of examination workstipulated in the applicable ministerial ordinance of the MIC and shall obtainauthorization from the Minister.  The same shall also apply where such rulesare to be amended.

(2)  The Minister may, when it is deemed that the examination work ruleswhich the Minister has authorized under the preceding paragraph have becomeinappropriate for the proper execution of examination work, order the designatedexamination agency to amend the rules.

(Business Plan, Etc.)
Article 80.
(1)  A designated examination agency shall prepare its businessplan and its revenues and expenses budget for each business year, and shallobtain authorization from the Minister before the commencement of said business year(for the business year during which the examination agency is designated,without delay after the designation).  The same shall also apply whenthey are to be amended.

(2)  A designated examination agency shall formulate its annualreport and settlement of balance for each business year, and shall submitthem to the Ministerwithin three months after the end of said business year.

(Retention, Etc. of Record Book)
Article 81.
A designated examination agency shall, as specified in the applicableministerial ordinance of the MIC, retain and keep a record book and make entriesin it of such matters related to examination work stipulated in the applicableministerial ordinance of the MIC.

(Supervisory Orders)
Article 82.
The Ministermay, when it is deemed necessary to enforce this Law, issue to a designatedexamination agency orders necessary for the supervision with respect toexamination work.

(Suspension and Discontinuation of Business Activities)
Article 83.
(1)  Any designated examination agency shall not suspend or discontinuepart or all of the operations of examination work unless it obtains permissionfrom the Minister.

(2)  The Minister shall, when permission of the preceding paragraph hasbeen granted, issue a public notice to that effect.

(Revocation, Etc. of Designation)
Article 84.
(1)  The Minister shall, when a designated examination agency has cometo fall under Article 75 paragraph (2) item i), item ii) or item iv), revokeits designation.

(2)  The Minister may, when a designated examination agency falls underany of the following items, revoke its designation or suspend part or allof the operations of examination work for a term to be specified by theMinister:

i)  When the designated examination agency has violatedthe provisions of this Sub-Section
ii)  When it is deemed that the designated examination agencyhas not come to conform to any of the items of Article 75 paragraph (1)
iii)  When it has violated an order in accordance with the provisionsof Article 77 paragraph (3), Article 79 paragraph (2) or Article 82
iv)  When the designated examination agency has executed examinationwork otherwise than pursuant to the examination work rules authorized inaccordance with the provisions of Article 79 paragraph (1)
v)  When the designated examination agency has obtained designationthrough dishonest means
(3)  The Ministershall, when the designation has been revoked in accordance with the provisionsof paragraph (1) or the preceding paragraph, or the Minister has orderedthe suspension of part or all of the  operations of examination workin accordance with the provisions of the preceding paragraph, issue a publicnotice to that effect.

(Execution of Examination Work by the Minister)
Article 85.
(1)  The Minister shall, when a designated examination agency has suspendedpart or all of the operations of examination work in accordance with theprovisions of Article 83 paragraph (1); when the Minister has ordered adesignated examination agency to suspend part or all of the operationsof examination work in accordance with the provisions of paragraph (2)of the preceding article; or when it is deemed necessary to do so in thecases where a designated examination agency has fallen into difficultiesin executing part or all of the operations of examination work due to anatural disaster or any other reason; execute part or all of the operationsof examination work, notwithstanding the provisions of Article 74 paragraph(4).

(2)  The Minister shall, before the Minister executes examination workin accordance with the provisions of the preceding paragraph or discontinuesexamination work in accordance with the provisions of the same paragraph,issue a public notice to that effect.

(3)  When the Minister has decided to carry out examination work in accordancewith the provisions of paragraph (1); or when the Minister has permitteda designated examination agency to discontinue examination work in accordancewith the provisions of Article 83 paragraph (1); or where the Ministerhas revoked the designation in accordance with the provisions of paragraph(1) or (2) of the preceding article; the succession of examination workand other necessary matters shall be stipulated in the applicable ministerialordinance of the MIC.

Sub-Section 2) Registered Approval Agency (Article86 through Article 103)

(Registration of Registered Approval Agency)
Article 86.
(1)  A person who operates a business of conducting the technicalconditions compliance approval for terminal equipment may, according tothe classification of business (hereinafter in this Section referred toas simply the "classification of business") stipulated in the applicableministerial ordinance of the MIC, obtain registration from the Minister.

(2)  Any person who intends to obtain registration of the precedingparagraph shall, as specified in the applicable ministerial ordinance ofthe MIC,submit an application which describes matters listed in the following itemsto the Minister.

i) Name and address and, in the cases where the applicant isa juridical person, name of the representative
ii) Classification of business
iii) Name and address of offices
iv) Outline of facilities including the measuring instrument or otherequipment for examination of the technical conditions compliance approval
v) Matters concerning appointment of approval examiners of Article91 paragraph (2)
vi) Planned start-up date of business operations
(3) Documents prescribing a plan for the execution of the technical conditionscompliance approval service and any other documents specified in the applicableministerial ordinance of the MIC shall be attached to the application formof the preceding paragraph.

(Registration Standards)
Article 87.
(1)  The Minister shall, when a person who has submitted an applicationfor registration of paragraph (1) of the preceding article (hereinafterin this paragraph referred to as an "applicant for registration") conformsto any of the following items, register the person:

i)  The staff conducting the technical conditions complianceapproval shall be persons having knowledge and experiences and meetingany of the conditions listed under Table No. 1.
ii) Technical conditions compliance approval shall be undertaken byusing the measuring instruments or other equipment listed under Table No.2 and which have taken calibration or correction (hereinafter in this itemreferred to as "calibration, etc.") by any of the following calibration,etc. (limited to those taken calibration, etc. within one year calculatingfrom the first day of the next month belonging to the day of the calibration,etc.).
a) Calibration conducted by the National Institute of Informationand Communications Technology (referred to as the "Institute" in c)) orthe designated calibration agency of Article 102-18 paragraph (1) of theRadio Law
b) Correction in accordance with the provisions of Article 135 or Article144 of the Measurement Law (Law No. 51 of 1992)
c) Calibration conducted in a foreign country, which is equivalentto those conducted by the Institute or the designated calibration agencyof Article 102-18 paragraph (1) of the Radio Law
d) Calibration, etc. conducted by using those taken any of calibration,etc. listed under a) through c)
iii) The applicant for registration shall not fall under any of the followingsub-items that indicate that said applicant is controlled by a manufacturer,importer or seller of terminal equipment (hereinafter in this item referredto as "specified manufacturer, etc."):
a) In the cases where the applicant for registration is a joint-stockcompany or a limited liability company, a specified manufacturer, etc.is the parent company of said applicant.
b) The ratio of officers or staff of a specified manufacturer, etc.(including those who were officers or staff of said specified manufacturer,etc. in the past two years) to officers of the applicant for registration(in the cases where said applicant is an unlimited partnership or a limitedpartnership , partners who have right to administer the affairs) exceedsone half.
c) The applicant for registration (in the cases where said applicantis a juridical person, officers who have representation right) is an officeror staff of a specified manufacturer, etc. (including those who were officersor staff of said specified manufacturer, etc. in the past two years)
(2)  Any person who falls under any of the following items shall notbe given the registration of paragraph (1) of the preceding article:
i)  Any person who has been sentenced to a fine or severerpenalty in accordance with the provisions of this Law, or the Wire TelecommunicationsLaw or the Radio Law, if a term of two years has not yet elapsed sincethe day on which the sentence or suspended sentence was served out
ii)  Any person whose registration was revoked in accordance withthe provisions of Article 100 paragraph (1) or (2) (including the caseswhere Article 100 paragraph (1) or (2) shall apply, mutatis mutandis, inArticle 103), if a term of two years has not yet elapsed since the dayof revocation
iii)  Any juridical person, any of whose officers falls underany of the preceding two items
(3) In addition to matters stipulated in the preceding article and thepreceding two paragraphs, necessary matters for the registration of paragraph(1) of the preceding article shall be specified in the applicable ministerialordinance of the MIC.

(Renewal of Registration)
Article 88.
(1)  The registration of Article 86 paragraph (1) shall be invalidas of the date subsequent to the term of five years and not exceeding tenyears specified in the applicable cabinet order, unless the registrationis renewed every time the term elapses.

(2)  The provisions of Article 86 paragraph (2) and paragraph (3),and the preceding article shall apply, mutatis mutandis, to the renewalof registration of the preceding paragraph.

(Registration Book)
Article 89.
The Ministershall prepare a registered approval agencies registration book and registerthe following matters:

i) Dates of registrations and renewals of registered approvalagencies thereof and registration numbers thereof
ii) Matters listed under Article 86 paragraph (2) item i) through itemiii)


(Issuance, Etc. of Public Notice of Registration)
Article 90.
(1)  The Minister shall, when registering a registered approval agencyof Article 86 paragraph (1), issue a public notice providing the name andaddress of the registered approval agency, and class of business pertainingto the registration, address of offices where the work of the technicalconditions compliance approval is to be executed and date of the commencementof the work of the technical conditions compliance approval.

(2)  Any registered approval agency shall, before it changes matterslisted in Article 86 paragraph (2) item i) or item iii), submit to theMinistera notification to that effect at least two weeks prior to the day of thechange.

(3)  The Minister shall, after receiving a notification of the provisionsof the preceding paragraph, issue a public notice to that effect.

(Obligations, Etc. to Issue Technical Conditions Compliance Approval)
Article 91.
(1) Any registered approval agency shall, when it is requested to issuea technical conditions compliance approval pertaining to its registration,conduct without delay an examination necessary for the technical conditionscompliance approval unless there is due reason not to do so.

(2)  Any registered approval agency shall, when conducting an examinationof the preceding paragraph, have a person who has knowledge and experiencesmeeting the conditions listed under Table No. 1 (hereinafter referred toas an "approval examiner") conduct the examination in accordance with themethods stipulated in the applicable ministerial ordinance of the MIC.

(Reporting, Etc. on Technical Conditions Compliance Approval)
Article 92.
(1) Any registered approval agency shall, when it issues a technicalconditions compliance approval pertaining to its registration, report matters,including the class of terminal equipment being given the technical conditionscompliance approval and other matters, stipulated in the applicable ministerialordinance of the MIC, to the Minister.

(2) The Ministershall, upon receipt of a report of the preceding paragraph, issue a publicnotice to that effect, as specified in the applicable ministerial ordinanceof the MIC.

(Appointment and Dismissal of Officers, Etc.)
Article 93.
When a registered approval agency appoints or dismisses its officersor approval examiners, it shall submit without delay a notification tothat effect to the Minister.

(Service Rules)
Article 94.
Any registered approval body shall establish service rules governingmatters concerning the classification of business pertaining to its registration,methods for the execution of technical conditions compliance approval serviceand other matters stipulated in the applicable ministerial ordinance ofthe MIC,and shall, prior to the commencement of said service, submit a notificationthereof to the Minister.  The same shall also apply where such rules areto be amended.

(Retention of Financial Statements, Etc. and Access Thereto, Etc.)
Article 95.
(1) Any registered approval agency shall, within three months afterthe end of each business year, prepare a general inventory, a balance sheetand a profit and loss settlement or statement of cash flow, and a businessreport or operating statement, and a business report or operating statement(including an electromagnetic recording (meaning any record which is producedby electronic, magnetic, or any other means unrecognizable by natural perceptivefunction, and is used for data processing by a computer.  Hereinafterin this article the same shall apply.) in the cases where electromagneticrecording are produced instead of these documents.  In the followingparagraph and Article 192 item iii), referred to as "financial statements,etc.".) and retain thereof for a five-year term at its office.

(2) A person who operates a business of dealing in terminal equipmentand other parties concerned may, whenever within the business hours ofa registered approval agency , make the following requests.  However,when making the request of item ii) or item iv), fees specified by theregistered approval agency shall be paid.

i) Where financial statements, etc. are prepared as writtendocuments, a request for access to said documents or copy thereof
ii) A request for certified copy or abridged copy of the written documentsof the preceding item
iii) Where financial statements, etc. are produced as electromagneticrecording, a request for access to or copy of matters recorded on saidelectromagnetic recording which are displayed in a manner stipulated inthe applicable ministerial ordinance of the MIC
iv) A request for the matters recorded on the electromagnetic recordingof the preceding item in an electromagnetic manner stipulated in the applicableministerial ordinance of the MIC or a request for delivery of written documentsdescribing said matters


(Retention, Etc. of Record Book)
Article 96.
Any registered approval agency shall, as specified in the applicableministerial ordinance of the MIC, prepare and keep a record book and make entriesin it of matters related to the technical conditions compliance approvalservice stipulated in the applicable ministerial ordinance of the MIC.

(Order to Improve, Etc.)
Article 97.
(1)  The Minister may, when it is deemed that a registered approval agencyfails to conform to any of the items of Article 87 paragraph (1), ordersaid registered approval agency to take necessary measures to conform tothose provisions.

(2) The Ministermay, when it is deemed that a registered approval agency violates the provisionsof Article 53 paragraph (1) or Article 91, order said registered approvalagency to conduct the examination for the technical conditions complianceapproval or take necessary measures for improving the method of examinationfor the technical conditions compliance approval and any other operationsmethods.

(Application and Order of the Minister Pertaining to Technical ConditionsCompliance Approval)
Article 98.
(1) A person who requested a technical conditions compliance approvalin accordance with the provisions of Article 53 paragraph (1) may, in thecases where a registered approval agency does not examine terminal equipmentpertaining to said request or said person have an objection to the resultof the technical conditions compliance approval issued by a registeredapproval agency, file an application with the Minister to order said registered approvalagency to examine terminal equipment for a technical conditions complianceapproval or to reexamine thereof.

(2) The Ministershall, upon receipt of application under the preceding paragraph, whenit is deemed that the registered approval agency pertaining to said applicationviolates the provisions of Article 53 paragraph (1) or Article 91, orderthe registered approval agency pertaining to said application in accordancewith the provisions of paragraph (2) of the preceding article.

(3) The Ministershall, in the case of the preceding paragraph, when the Minister issuedan order of paragraph (2) of the preceding article or made a decision toissue no order, notify the person who filed said application to that effectwithout delay.

(Suspension and Discontinuation of Business Activities)
Article 99.
(1)  Any registered approval agency shall, when it intends tosuspend or discontinue technical conditions compliance approval servicepertaining to its registration, as specified in the applicable ministerialordinance of the MIC, submit a prior notification to that effect to the Minister.

(2)  When a registered approval agency has discontinued all ofthe operations of technical conditions compliance approval service, theregistration of said registered approval agency becomes invalid.

(3) The Ministershall, upon receipt of the notification under the provisions of paragraph(1), issue a public notice to that effect.

(Revocation, Etc. of Registration)
Article 100.
(1) The Ministershall, when a registered approval agency has come to fall under Article87 paragraph (2) item i) or item iii), revoke its registration.
 

(2) The Minister may, when a registered approval agency falls underany of the following items, revoke its registration or order to suspendpart or all of the operations of technical conditions compliance approvalservice pertaining to its registration for a term to be specified by theMinister:
i) When the registered approval agency has violated the provisionsof this Sub-Section
ii) When the registered approval agency has violated an order in accordancewith the provisions of Article 97 paragraph (1) or paragraph (2)
iii) When the registered approval agency has obtained registrationor renewal thereof through dishonest means
(3) The Ministershall, when the Minister has revoked the registration in accordance withthe provisions of paragraph (1) or the preceding paragraph, or the Ministerhas ordered the suspension of part or all of the operations of technicalconditions compliance approval service in accordance with the provisionsof the same paragraph, issue a public notice to that effect.

(Striking Out of Registration Record)
Article 101.
The Ministershall, when a registration of a registered approval agency has become invalidin accordance with the provisions of Article 88 paragraph (1) or Article99 paragraph (2), or when the Minister has revoked a registration of aregistered approval agency in accordance with the provisions of paragraph(1) or paragraph (2) of the preceding article, the Minister shall strikeout the registration record of said registered approval agency.

(Execution of Technical Conditions Compliance Approval by the Minister)
Article 102.
(1) When there is no person who is given a registration of Article86 paragraph (1); or, when a registered approval agency has suspended ordiscontinue its technical conditions compliance approval service in accordancewith the provisions of Article 99 paragraph (1); or when the Minister has revokeda registration in accordance with the provisions of Article 100 paragraph(1) or paragraph (2); or when the Minister has ordered a registered approvalagency to suspend part or all of the operations of technical conditionscompliance approval service in accordance with the provisions of the sameparagraph; or when a registered approval agency has fallen into difficultiesin conducting part or all of the operations of technical conditions complianceapproval service due to a natural disaster or any other reasons; the Ministershall, when it is deemed necessary to conduct technical conditions complianceapproval service, conduct itself part or all of the operations of technicalconditions compliance approval service.

(2) The Ministershall, before the Minister carries out the technical conditions complianceapproval service in accordance with the provisions of the preceding paragraphor discontinues the technical conditions compliance approval service executedby the Minister in accordance with the provisions of the same paragraph,issue a prior public notice to that effect.

(3) When the Minister has decided to carry out the technical conditions complianceapproval service in accordance with the provisions of paragraph (1), thesuccession of technical conditions compliance approval service and othernecessary matters shall be stipulated in the applicable ministerial ordinanceof the MIC.

(Application, Mutatis Mutandis)
Article 103.
The provisions of Article 91 through Article 93, Article 96, Article97 paragraph (2) and Article 98 shall apply, mutatis mutandis, to the caseswhere a registered approval agency issues a certification of type of terminalequipment and the provisions of Article 94, Article 99, Article 100 paragraph(2) and paragraph (3), and the preceding article shall apply, mutatis mutandis,to the cases where a registered approval agency carries out technical conditionscompliance approval service and certification service of type of terminalequipment.  In these cases, "being given" in Article 92 paragraph(1) shall be read as "based on a type pertaining to"; "said service" inArticle 94 shall be read as "these services"; "Article 53 paragraph (1)"in Article 97 paragraph (2), and Article 98 paragraph (1) and paragraph(2) shall be read as "Article 56 paragraph (2)"; and "terminal equipment"in paragraph (1) of the same article shall be read as "type (includingthe method to verify that each terminal equipment coincides with said type)".

Sub-Section 3) Recognized Approval Body (Article104 and Article 105)

(Recognition, Etc. of Recognized Approval Body)
Article 104.
(1)  When an application has been submitted by a person who engagesin inspection or examination of terminal equipment under regulations forthe inspection of terminal equipment in accordance with foreign laws orrules and regulations similar to the regulatory frameworks for the technicalconditions compliance approval and who intends to issue technical conditionscompliance approvals for terminal equipment which will be used in Japanbeing dealt by foreign dealers in said foreign country to comply with thetechnical conditions, the Minister may recognize that person in each classificationof business.

(2)  The person who has been given the recognition (hereinafterreferred to as a "recognized approval body") in accordance with the provisionsof the preceding paragraph shall, when the person has suspended or hasdiscontinued the technical conditions compliance approval service pertainingto its recognition, submit a notification to that effect without delayto the Minister.

(3)  The Minister shall, upon receipt of a notification in accordancewith the provisions of the preceding paragraph, issue a public notice tothat effect.

(4) The provisions of Article 53 paragraph (1) and paragraph (2), Article55, Article 90 paragraph (2) and paragraph (3), Article 91, Article 92,Article 94, and Article 96 through Article 98 shall apply, mutatis mutandis,to a recognized approval body; the provisions of Article 54 shall apply,mutatis mutandis, to a person being given a technical conditions complianceapproval from a recognized approval body; and the provisions of Article86 paragraph (2) and paragraph (3), Article 87, and Article 90 paragraph(1) shall apply, mutatis mutandis, to the recognition of paragraph (1)granted by the Minister.

(5) In the cases of the preceding paragraph, the words and phrases listedin the middle column of the following table in the provisions listed inthe left column in the same table shall be read as the words and phraseslisted in the right column of the same table.
 
Article 53 paragraph (1) and paragraph (2), Article 91 paragraph (1),Article 92 paragraph (1), and Article 94registrationrecognition
Article 54registered approval agencyrecognized approval body
orderrequest
Other part except items listed under Article 87 paragraph(1) applicant for registrationapplicant for recognition
whenonly when
shallshall not
Article 87 paragraph (1) item iii) (except a))applicant for registrationapplicant for recognition
Article 87 paragraph (1) item iii) a)applicant for registrationapplicant for recognition
parent companyperson equivalent to a parent company in a foreign country
Article 87 paragraph (2) item ii)Article 100 paragraph (1) or (2) (including the cases where Article100 paragraph (1) or (2) is applied, mutatis mutandis, in Article 103)Article 105 paragraph (1) or (2)
Article 87 paragraph (3)he preceding article and the preceding two paragraphstparagraph (2) and paragraph (3) of the preceding article, the precedingtwo paragraphs and Article 104 paragraph (1)
Article 90 paragraph (1)registered approval agencyrecognized approval body
Article 97orderrequest
Article 98 paragraph (1)order request
Article 98 paragraph (2) and paragraph (3)order request

(6)  A recognized approval body may, upon receipt of a requestfrom a foreign dealer, certify a type of terminal equipment to be usedin Japan.

(7) The provisions of Article 55, Article 56 paragraph (2), Article91, Article 92, Article 96, Article 97 paragraph (2) and Article 98 shallapply, mutatis mutandis, to the cases where a recognized approval bodycertifies a type of terminal equipment; the provisions of Article 57 throughArticle 60, Article 54 applied, mutatis mutandis, in Article 61, and Article62 paragraph (3) and paragraph (4) shall apply, mutatis mutandis, to aperson being given a certification of type of terminal equipment from arecognized approval body; and the provisions of Article 94, and paragraph(2) and paragraph (3) shall apply, mutatis mutandis, to the cases wherea recognized approval body carries out technical conditions complianceapproval service and certification service of type of terminal equipment.

(8) In the cases of the preceding paragraph, the words and phrases listedin the middle column of the following table in the provisions listed inthe left column in the same table shall be read as the words and phraseslisted in the right column of the same table.
Article 55 paragraph (1)being givenbased on a type pertaining to
Article 53 paragraph (2)Article 58
Article 56 paragraph (2) and Article 91 paragraph (1)registrationrecognition
Article 59 and Article 54 applied, mutatis mutandis, in Article 61orderrequest
Article 60 paragraph (1) item iii)has violated the orderhas not met the request
violationrequest
Article 60 paragraph (1) item iv)registered approval agencyrecognized approval body
Article 60 paragraph (1) item v)registered approval agencyrecognized approval body
Article 103Article 104 paragraph (7)
Article 62 paragraph (3) item i) and item ii)paragraph (3)paragraph (6)
Article 62 paragraph (3) item iii)paragraph (6)paragraph (7)
Article 92 paragraph (1)registrationrecognition
being givenbased on a type pertaining to
Article 94registrationrecognition
said servicethese services
Article 97 paragraph (2)Article 53 paragraph (1)Article 56 paragraph (2)
orderrequest
Article 98 paragraph (1)Article 53 paragraph (1)Article 56 paragraph (2)
terminal equipmenttype (including the method to verify that each terminal equipment coincideswith said type)
orderrequest
Article 98 paragraph (2)Article 53 paragraph (1)Article 56 paragraph (2)
orderrequest
Article 98 paragraph (3)orderrequest

 

(Revocation of Recognition)
Article 105.
(1)  The Minister shall revoke the recognition when a recognized approvalbody has lost the status in its own country stipulated in paragraph (1)of the preceding article or when it comes to fall under Article 87 paragraph(2) item i) or iii) applied, mutatis mutandis, in paragraph (4) of thepreceding article.

(2)  The Minister may, when a recognized approval body falls under anyof the following items, revoke the recognition:

i)  When the recognized approval body has violated theprovisions of paragraph (2) of the preceding article (including the caseswhere paragraph (2) of the preceding article shall apply, mutatis mutandis,in paragraph (7) of the same article), the provisions of Article 90 paragraph(2), Article 91, Article 92 paragraph (1), Article 94 or Article 96 applied,mutatis mutandis, in paragraph (4) of the preceding article, or, the provisionsof Article 91, Article 92 paragraph (1), Article 94 or Article 96 applied,mutatis mutandis, in paragraph (7) of the preceding article
ii)  When the recognized approval body has not met the requestin accordance with the provisions of Article 97 applied, mutatis mutandis,in paragraph (4) of the preceding article or the provisions of Article97 paragraph (2) applied, mutatis mutandis, in paragraph (7) of the precedingarticle
iii)  When the recognized approval body has been recognized throughdishonest means
iv)  When a report is not submitted, or a false report is submittedby the recognized approval body, where the Minister requested the recognized approvalbody to report in accordance with the provisions of Article 166 paragraph(4) applied, mutatis mutandis, in paragraph (4) of the same article
v)  When the inspection was refused, obstructed or evaded, inthe cases where the Minister delegated any ministerial staff to enter and toinspect business offices or workplaces belonging to the recognized approvalbody in accordance with the provisions of Article 166 paragraph (4) applied,mutatis mutandis, in paragraph (4) of the same article
(3)  When the Minister has revoked any recognition in accordance with theprovisions of the preceding two paragraphs, the Minister shall issue apublic notice to that effect.

Section 6. Universal TelecommunicationsService Support Institution (Article 106 through Article 116)


(Designation of the Universal Telecommunications Service SupportInstitution)
Article 106.
The Ministermay, upon application, designate a juridical person under Article 34 ofthe Civil Code, which is established for the purpose of contributing toensure the provision of universal telecommunications services, where thejuridical person is deemed that it conforms to the following standardsconcerning the service stipulated in the following article (hereinafterreferred to as the "support service".), as the Universal Service SupportInstitution (hereinafter referred to as the "support institution".), limitedto one throughout the country.

i)  The applicant's plan for the execution of the supportservice regarding staff, facilities, execution methods of the support serviceand other matters shall be appropriate for the proper execution of thesupport service.
ii)  The applicant shall have an adequate financial basis andtechnical capability to properly execute the plan of the preceding itemfor the execution of the support service.
iii)  When the applicant engages in business activities otherthan the support service, there should be no risk of the support servicebecoming unfair.


(Activities)
Article 107.
The support institution shall conduct the following activities:

i)  Toward eligible telecommunications carriers as designatedin accordance with the provisions of paragraph (1) of the following article,the support institution shall, where the amount of costs for providinguniversal telecommunications services pertaining to said designation isdeemed to exceed the amount of revenues gained from universal telecommunicationsservices pertaining to said designation, provide supports as part of financialcompensation for said estimated amount exceeding costs.
ii)  To conduct activities accompanying activities of the precedingparagraph


(Designation of Eligible Telecommunications Carriers)
Article 108.
(1)  The Minister may, when designated the support institution, designatea telecommunications carrier providing universal telecommunications services,which is deemed to be in compliance with the following standards, as aneligible telecommunications carrier upon its application.

i)  Matters including the profit and loss statement concerningactivities for providing universal telecommunications services pertainingto application, specified in the applicable ministerial ordinance of theMIC,shall be made public, as specified in the applicable ministerial ordinanceof the MIC.
ii)  Where telecommunications facilities installed for providinguniversal telecommunications services pertaining to application are telecommunicationsfacilities other than Category I and II designated telecommunications facilities,interconnection tariffs prescribing the amount of money to be obtainedby said telecommunications carrier providing universal telecommunicationsservices and terms and conditions of interconnections shall be set forthconcerning interconnections between said telecommunications facilitiesand other telecommunications carriers' telecommunications facilities, andthe interconnection tariffs shall be made public, as specified in the applicableministerial ordinance of the MIC.
iii)  The scope of service areas for providing universal telecommunicationsservices pertaining to application shall be in compliance with standardsspecified in the applicable ministerial ordinance of the MIC.
(2)  The designation of the provisions of the preceding paragraphshall be made by type of universal telecommunications services specifiedin the applicable ministerial ordinance of the MIC.

(3)  An eligible telecommunications carrier (limited to a telecommunicationscarrier installing Category I designated telecommunications facilitiesor other telecommunications carriers  excepting telecommunicationscarriers installing Category II telecommunications facilities) shall, whenintending to change interconnection tariffs stipulated in paragraph (1)item ii), as specified in the applicable ministerial ordinance of the MIC, priorto implementation thereof, submit a notification of the interconnectiontariffs to the Minister and publish the interconnection tariffs.

(4)   Where there is succession of a telecommunications carrierstatus in accordance with the provisions of Article 17 paragraph (1), whensaid telecommunications carrier is an eligible telecommunications carrier,a telecommunications carrier which succeeds to said telecommunicationscarrier status shall succeed to the status of eligible telecommunicationscarrier.

(5)  The Minister may, when an eligible telecommunications carrier fallsunder any of the following items, or when an eligible telecommunicationscarrier filed an application for revocation of designation of paragraph(1), revoke the designation.

i)  When the eligible telecommunications carrier has violatedthe provisions of paragraph (2) or (3) of the following article
ii)  When it is deemed not to conform to any of the items of paragraph(1)


(Provision of the Universal Service Support)
Article 109.
(1)  The support institution shall, through the method specifiedin the applicable ministerial ordinance of the MIC, calculate the amount of moneyof compensations of Article 107 item i) (hereinafter in this Section simplyreferred to as the "universal service support".), and obtain authorizationfrom the Ministerof said amount of money and support methods for each business year (startingfrom April 1 of each year and ending on March 31 of the next year. The same shall apply in this Section.).

(2)  Any eligible telecommunications carrier shall, as specifiedin the applicable ministerial ordinance of the MIC, notify the support institutionof matters as a basis for calculating the amount of compensations prescribingthe costs for providing universal telecommunications services pertainingto designation of paragraph (1) of the preceding article in the previousbusiness year and the revenues gained from providing universal telecommunicationsservices pertaining to said designation and other matters specified inthe applicable ministerial ordinance of the MIC.

(3)  The costs of the preceding paragraph shall be calculated bythe method specified in the applicable ministerial ordinance of the MIC as a basisfor calculating reasonable costs under efficient management.

(4)  The support institution shall, when obtained authorizationof paragraph (1), publish the amount of funds for compensations, as specifiedin the applicable ministerial ordinance of the MIC.

(Collection of the Contributions)
Article 110.
(1)  The support institution may, each business year, collectcontributions for funding all or part of expenditures necessary for thesupport service from the following telecommunications carriers whose scaleof business exceeds standards specified in the applicable cabinet order(hereinafter in this article referred to as "interconnecting telecommunicationscarriers, etc.".).  However, the amount of said contributions (hereinafterin this Section simply referred to as the "contributions".) to the ratioof the amount of money, calculated by the methods specified in the applicableministerial ordinance of the MIC, as the amount of revenues (where the personis, where there is merger, division (limited to those causing successionto all of the operations of telecommunications business.) or inheritancewith respect to other interconnecting telecommunications carriers, etc.in the previous business year or the business year (limited to the termuntil the day of notification in accordance with the provisions of paragraph(3).), a surviving juridical person after merger or a juridical personestablished as a result of merger, or a juridical person or an inheritorwho has succeeded to all of the operations of said business, or a personwho has succeeded to the all of the operations of telecommunications businessfrom other interconnecting telecommunications carriers, etc., the amountincludes revenues gained from the provision of telecommunications servicesof a juridical person dissolved after merger, a juridical person afterdivision or a predecessor, or interconnecting telecommunications carriers,etc. who are succeeded to said business in the previous business year)gained from telecommunications services in the previous business year providedby interconnecting telecommunications carriers, etc.,  shall not exceedthe ratio specified in the applicable cabinet order.

i)  A telecommunications carrier which concludes an agreementconcerning interconnection with telecommunications facilities for providinguniversal telecommunications services pertaining to designation of Article108 paragraph (1) that are installed by an eligible telecommunicationscarrier.
ii)  Telecommunications carriers that conclude agreements concerninginterconnections with telecommunications facilities of telecommunicationscarriers stipulated in the preceding item and telecommunications carrierswho install telecommunications facilities that interconnect with telecommunicationsfacilities stipulated in the same item via telecommunications facilitiesof other telecommunications carriers.
iii)  A telecommunications carrier which concludes a contractto receive wholesale telecommunications services using telecommunicationsfacilities which interconnect with telecommunications facilities stipulatedin item i) via telecommunications facilities stipulated in the same item,telecommunications facilities that interconnect with telecommunicationsfacilities thereof or telecommunications facilities of telecommunicationscarriers.
(2)  The support institution shall, every business year, calculatethe amount of contributions by the methods specified in the applicableministerial ordinance of the MIC, and obtain authorization of the amount ofcontributions and collection methods from the Minister.

(3)  The support institution shall, upon reception of authorizationof the preceding paragraph, notify interconnecting telecommunications carriers,etc. of the amount of contributions to pay, the due date and collectionmethods with written documents prescribing matters authorized attachedthereto.

(4)  Interconnecting telecommunications carriers, etc. shall, inaccordance with the notification of the preceding paragraph, bear obligationsto pay the contributions to the support institution.

(5)  Interconnecting telecommunications carriers, etc. shall, uponreception of the notification of paragraph (3), when they have not paidthe contributions to the support institution by the deadline, bear obligationsto pay arrears on overdue contributions, reckoned according to the numberof days from the day following the deadline to the preceding day of itspayment, with the rate being specified in the applicable ministerial ordinanceof the MIC,to the support institution.

(6)  The support institution shall, by setting a deadline, pressfor payment by sending a reminder to interconnecting telecommunicationscarriers, etc. that have not paid their due contributions.

(7)  The support institution may, when interconnecting telecommunicationscarriers, etc. who have received the reminder in accordance with the provisionsof the preceding paragraph have not paid their due contributions pertainingto the reminder and arrears specified in the provisions of paragraph (5)by the deadline, petition the Minister to that effect.

(8)  The Minister may, upon being petitioned in accordance with the precedingparagraph, order said interconnecting telecommunications carriers, etc.to pay the contributions and arrears in accordance with the provisionsof paragraph (5).

(Request for Submission of Documents)
Article 111.
The support institution may, when it deems necessary for conductingthe support service, request telecommunications carriers to submit necessarydocuments.

(Segment Accounting)
Article 112.
The support institution shall, where it conducts services other thanthe support service, shall put accounts in order by separating said servicesaccount from the support service account.

(Support Service Consulting Commission)
Article 113.
(1)  The support institution shall establish a support serviceconsulting commission.

(2)  The support service consulting commission may, in responseto inquiry from the representative of the support institution, study anddeliberate upon important matters concerning execution of the support serviceincluding the amount of funds for compensations and support methods, theamount of contributions and collection methods, and make necessary opinionsconcerning thereof to the representative of the support institution.

(3)  Members of the support service consulting commission shall,among telecommunications carriers and experts, be appointed by the representativeof the support institution, with authorization from the Minister.

(Transitional Measures upon Revocation of Designation of the SupportInstitution)
Article 114.
(1)  Where the Minister has revoked designation of a support institutionin accordance with the provisions of Article 84 paragraph (1) or (2) applied,mutatis mutandis, in Article 116 paragraph (1), when the Minister has newlydesignated a support institution after the revocation, assets pertainingto the support service of the support institution pertaining to the revocationshall belong to the newly-designated support institution.

(2)  In addition to matters stipulated in the preceding paragraph,where the Ministerhas revoked designation of a support institution in accordance with theprovisions of Article 84 paragraph (1) or (2) applied, mutatis mutandis,in Article 116 paragraph (1), management of assets pertaining to the supportservice and other necessary transitional measures (including transitionalmeasures concerning penal provisions) shall, to the extent deemed to bereasonably necessary, be stipulated in accordance with the applicable cabinetorder.

(Provision, Etc. of Information for the Support Institution)
Article 115.
The Ministershall provide the support institution with information and documents necessaryfor executing the support service, or instruction and advice.

(Application, Mutatis Mutandis)
Article 116.
(1) The provisions of Article 75 paragraph (2) item ii) through itemiv), Article 77 paragraph (1) and paragraph (3), Article 78 through Article84, and Article 90 shall apply, mutatis mutandis, to the support institution.

(2) In the cases of the preceding paragraph, the words and phrases listedin the middle column of the following table in the provisions listed inthe left column in the same table shall be read as the words and phraseslisted in the right column of the same table.
Article 75 paragraph (2)paragraph (2) of the preceding paragraphArticle 106
Article 77 paragraph (3)officer or qualification examinerofficer
examination affairs rulessupport service rules
Article 78staff (including qualification examiners)staff
examination worksupport service
Article 79 and Article 84 paragraph (2) item iv)examination worksupport service
examination affairs rulessupport service rules
Article 81, Article 82, Article 83 paragraph (1), and other part thanitems listed in Article 84 paragraph (2) and paragraph (3)examination worksupport service
Article 84 paragraph (1)Article 75 paragraph (2) item i), item ii) or item iv)Article 75 paragraph (2) item ii) or item iv) applied, mutatis mutandis,in Article 116 paragraph (1)
Article 84 paragraph (2) item i)this Sub-Sectionthis Sub-Section applied, mutatis mutandis, in the provisions of Article109 paragraph (1) or paragraph (4), Article 110 paragraph (2), Article112 or Article 113 paragraph (3), or Article 116 paragraph (1)
Article 84 paragraph (2) item ii)items of Article 75 paragraph (1)items of Article 106
Article 90 paragraph (1)registering a registered approval agency of Article 86 paragraph (1)designating a support institution
name and address of the registered approval agency, and class of businesspertaining to the registration, address of offices where the work of thetechnical conditions compliance approvalname and address of the designated support institution, and addressof offices where the work of the support service
and date of the commencement of the work of the technical conditionscompliance approval, and date of the commencement of the work of the support service
Article 90 paragraph (2)matters listed in Article 86 paragraph (2) item i) or item iii)its name or address, or the address of the office where the work ofthe support service is to be executed

 

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