(2) Any person who intends to obtain approvalshall, as specified in the applicable ministerial ordinance of the MIC, submitan application describing the following matters to the Minister.
i) Name and address and, in the caseswhere the applicant is a juridical person, name of the representative(3) Documents which include the business plan specifiedin the applicable ministerial ordinance of the MIC shall be attached to the application.
ii) Service areas of the telecommunications businesspertaining to the application
iii) Outline of telecommunications facilitiesfor the use of telecommunications business pertaining to the application
(Reasons for Disqualification)
Article 118.
(1) Any person who falls under any of the followingitems may not obtain approval of paragraph (1) of the preceding article:
i) Any person who has been sentencedto a fine or severer penalty in accordance with the provisions of thisLaw, the Wire Telecommunications Law or the Radio Law and aterm of two years has not yet elapsed since the day on which the sentencesuspended sentence served out was served out or suspended(Approval Standards)
ii) Any person whose approval became invalidby falling under Article 125 item i) and a term of two years has not yetelapsed since the day of invalidation, or any person whose approval wasrevoked in accordance with the provisions of Article 126 paragraph (1)and a term of two years has not yet elapsed since the day of revocation
iii) Any juridical person or association, anyof whose officers falls under any of the preceding two items
i) The applicant shall have an adequatefinancial basis and a technical capability to properly perform a telecommunicationsbusiness pertaining to its application.(Obligation to Commence Business)
ii) The plan of the telecommunications businesspertaining to its application shall be reliable and rational.
iii) The applicant shall have a registrationof Article 9 necessary for operating a telecommunications business pertainingto its application or a registration of changes of Article 13 paragraph(1), or said applicant has notified Article 16 paragraph (1) or paragraph(3).
(2) The Minister may, when the Minister deems it especiallynecessary, prescribe the term of the preceding paragraph for each partof classified service areas of Article 117 paragraph (2) item ii).
(3) The Minister may, at the application of an approved telecommunicationscarrier, extend the term of paragraph (1), when the Minister deems thatthere is due reason to do so.
(4) When an approved telecommunications carrierhas commenced its approved telecommunications business (in the case ofthe term having been prescribed for each classified service area in accordancewith the provisions of paragraph (2), the approved telecommunications businesspertaining to the classification), it shall submit without delay a notificationto that effect to the Minister.
(Obligation to Provide Services)
Article 121.
(1) Any approved telecommunications carrier shallnot, without due reason, refuse to provide telecommunications servicespertaining to its approved telecommunications business.
(2) The Minister may, when an approved telecommunications carrierhas violated the provisions of the preceding paragraph, insofar as necessaryto ensure the users' benefit or public interest, order said approved telecommunicationscarrier to take measures for improving operations methods and other actions.
(Approval of Changes, Etc.)
Article 122.
(1) Any approved telecommunications carrier shall,when intending to change matters of Article 117 paragraph (2) item ii)or item iii), obtain approval from the Minister. However, this shall notapply to minor changes specified in the applicable ministerial ordinanceof the MIC.
(2) Any approved telecommunications carrier shall,when having made the minor changes stipulated in the proviso of the precedingparagraph, without delay, submit a notification to that effect tothe Ministerto that effect.
(3) The provisions of Article 117 paragraph (3),Article 118 item i) and item iii), and Article 119 shall apply, mutatismutandis, to the approval of paragraph (1).
(4) The provisions of Article 120 shall apply,mutatis mutandis, to the cases of paragraph (1) (except the cases whereits service areas decrease). In these cases, "Article 117 paragraph(1)" in paragraph (1) of the same article shall be read as "Article 122paragraph (1)".
(5) Any approved telecommunications carrier shall,when matters of Article 117 paragraph (2) item i) have been changed, withoutdelay, submit a notification to that effect to the Minister.
(Succession)
Article 123.
(1) In the cases where an approved telecommunicationscarrier has died, the inheritor (where there are two or more inheritors,one who has succeeded to said approved telecommunications business afterconsultations among inheritors concerned, the one.) shall succeed to thestatus of decedent as the approved telecommunications carrier.
(2) Where the inheritor of the preceding paragraphdoes not apply, within sixty days from the death of the decedent, for authorizationof its succession with the Minister, or when an administrative disposition thatthe Minister will not grant authorization to the application of the sameparagraph from the inheritor has been made, the approval of said approvedtelecommunications business becomes invalid after the term has elapsedor the administrative disposition has been made.
(3) When an approved telecommunications carrierwho is a juridical person has completed merger or break-up (limited tothose succeeding to all of the operations of approved telecommunicationsbusiness), the juridical person who survives continues to exist after mergeror who has been established as a result of merger, or the juridical personwho has succeeded to all of the operations of said business after break-upmay, with authorization from the Minister, succeed to the status of approved telecommunicationscarrier.
(4) When an approved telecommunications carrierhas transferred all of its operations of approved telecommunications business,the transferee of all of the operations of the approved telecommunicationsbusiness may, with authorization from the Minister, succeed to the status of approvedtelecommunications carrier.
(5) The provisions of Article 118 and Article119 shall apply, mutatis mutandis, to the authorization of the precedingthree paragraphs.
(Suspension and Discontinuation of Business)
Article 124.
(1) When an approved telecommunications carrierhas suspended or discontinued all or part of the operations of its approvedtelecommunications business, said telecommunications carrier shall submitwithout delay a notification to that effect to the Minister.
(2) The term of suspension of the preceding paragraphshall not exceed one year.
(Invalidation of Approval)
Article 125.
When an approved telecommunications carrier hascome to fall under any of the following items, its approval shall becomeinvalid.
i) When the approved telecommunicationscarrier has been revoked its registration in accordance with the provisionof Article 14 paragraph (1)(Revocation of Approval)
ii) When the approved telecommunications carrierhas discontinued all of the operations of its approved telecommunicationsbusiness
i) When the approved telecommunicationscarrier has come to fall under Article 118 item i) or item iii)(2) The Minister shall, when the Minister has revokedan approval in accordance with the provisions of the preceding paragraph,notify the approved telecommunications carrier to that effect in writingwith reasons attached thereto.
ii) When the approved telecommunications carrierdoes not commence its approved telecommunications business within the term(when the term was extended in accordance with the provisions of paragraph(3) of the same article, the extended term) specified in the provisionsof Article 120 paragraph (1)
iii) In addition to the cases stipulated in the preceding two items, in the cases where the approved telecommunicationscarrier has violated this Law, or the order or disposition based on thisLaw, when the Ministerdeems that the public interest is being hindered
(Revocation of Approval of Changes)
Article 127.
(1) When an approved telecommunications carrier,who has been given an approval of changes in matters of Article 117 paragraph(2) item ii) or item iii) in accordance with the provisions of Article122 paragraph (2) does not change the matters within the term (when theterm has been extended in accordance with the provisions of Article 120paragraph (3) applied, mutatis mutandis, in Article 122 paragraph (4),the extended term) specified in accordance with the provisions of Article120 paragraph (1) applied, mutatis mutandis, in Article 122 paragraph (4),the Ministermay revoke the approval.
(2) The provisions of paragraph (2) of the precedingarticle shall apply, mutatis mutandis, to the cases of the preceding paragraph.
(Rights-of-Way)
Article 128.
(1) An approved telecommunications carriermay, when it is necessary and reasonable to use other persons' land andworks firmly affixed thereto, including buildings, etc. (except administrativeproperties stipulated in Article 3 paragraph (2) of the National PropertyLaw (Law No. 73 of 1948), administrative properties stipulated in Article238 paragraph (3) of the Local Autonomy Law (Law No. 67 of 1947) and othersspecified in the applicable cabinet order (referred to as "administrativeproperties, etc." in paragraph (4)); hereinafter referred to as the "land,etc.") for establishment of wires and cables, antennas (with respect towires and cables, antennas which are installed in premises, etc. for useof communications for persons who are in said premises or buildings, limitedto wires and cables, antennas installed in premises, etc. open to the publicfor a free passage or assembling) and other facilities accessory theretofor the use of its telecommunications business (in this Section referredto collectively as "lines"), request the owner of the land, etc. (to theowner and any other person, if any, using the land, etc. by virtue of titleother than ownership, the same shall apply hereinafter.) to negotiate thecreation of a right to use the land, etc. (hereinafter referred to as "rights-of-way")subject to the authorization of the Minister. The same shall apply to thecases where the approved telecommunications carrier intends to continuouslyuse the land, etc. after the expiration of the term of paragraph (3), byextending it.
(2) The approval of the preceding paragraphmay be granted insofar as the use of an approved telecommunications carrierdoes not seriously interfere with the use of the land, etc. However,such use based on the rights-of-way shall be limited, in the cases of theland, etc. in use for the business for which the land, etc. may be expropriatedor used in accordance with other laws, to the extent that the use may notinterfere with the use of the land, etc. for such business, and shall belimited, in the cases of buildings or other structures, for the purposeof supporting lines.
(3) The duration of the rights-of-way ofparagraph (1) shall be fifteen years (or fifty years if the purpose ofuse is the establishment of underground cables or other underground structuresor steel- or concrete-made ground structures). This shall not apply,however, where a shorter duration is agreed upon in the negotiations ofthe same paragraph or is decided on in the award of Article 132 paragraph(2) or (3).
(4) Upon application for authorization ofparagraph (1), the Minister shall, when deemed necessary, hear the opinion ofthe owner of the land, etc. (where the land, etc. are buildings or otherworks firmly affixed to administrative properties, etc., managers of saidadministrative properties, etc. and other persons specified in the applicablecabinet order shall be included. The same shall apply in the followingparagraph, and Article 130 paragraph (1) and Article 131.).
(5) The Minister shall, where the Minister hasgranted authorization of paragraph (1), issue a notice to the owner ofthe land, etc. to that effect and issue a public notice thereof.
(6) Where an agreement has been reachedin the negotiation of paragraph (1), the approved telecommunications carrierand the owner of the land, etc. shall, as specified in the provisions ofthe applicable ministerial ordinance of the Minister, submit a notification specifyingthe matters agreed upon during the negotiation to the Minister.
(7) When the notification of the precedingparagraph has been submitted, the rights-of-way concerning the land, etc.shall be acquired by the approved telecommunications carrier concerned,or the duration of the rights-of-way shall be extended, in accordance withthe notification.
(8) An approved telecommunications carrierand owners of the land, etc. may extinguish the rights-of-way by mutualagreement. In this case, the parties shall, without delay, submita notification to that effect to the Minister.
(Application for an Award)
Article 129.
(1) When negotiations in accordance withthe provisions of paragraph (1) of the preceding article fail to come toan agreement or to start, the approved telecommunications carrier may,in accordance with the procedures stipulated in the applicable ministerialordinance of the MIC, apply to the Minister for his or her award on the use of the land,etc. This shall not apply, however, to the cases where three monthshave elapsed since the day on which the authorization of the same paragraphwas granted.
(2) An approved telecommunications carriermay, when it has applied for an award on the extension of the durationof the rights-of-way in accordance with the provisions of the precedingparagraph, continue to use the land, etc. until the award is made.
(An award)
Article 130.
(1) When the Minister has accepted an applicationfor an award in accordance with the provisions of paragraph (1) of thepreceding article, the Minister shall, within three days, forward a copyof the application to said mayor of the city or said chief administrativeofficer of the town or village, and issue a notice to the owner of theland, etc. that the application for an award has been lodged.
(2) When the mayor of the city or the chief administrativeofficer of the town or village has received the copy of the preceding paragraph,he or she shall, within three days, issue a public notice to that effectand submit the copy to public inspection for one week from the day of thepublic notice.
(3) The mayor of the city or the chief administrativeofficer of the town or village shall, upon issuing the public notice inaccordance with the provisions of the preceding paragraph, report the Minister of thedate of the public notice.
(4) With respect to the application of the provisionsof the preceding three paragraphs, the "mayor of the city or the (said)chief administrative officer of the town or village" in those provisionsshall be read as the "chief administrative officer of the special ward"for places where a special ward exists; as the "chief administrative officerof the ward" for a designated city of Article 252-19 paragraph (1) of theLocal Autonomy Law; as the "manager of the whole-affairs association" forplaces where a whole-affairs association exists; and as the "manager ofthe town and village office-administration association" for places wherea town and village office-administration association exists.
Article 131.
When the public notice in accordance with theprovisions of paragraph (2) of the preceding article has been issued, theowner of the land, etc. or any other interested person may present hisor her opinions in writing to the Minister within ten days from the day of thepublic notice.
Article 132.
(1) The Minister shall issue an award promptlyafter the term of the preceding article has elapsed.
(2) The award which stipulates that therights-of-way be created shall specify the following matters:
i) Location and limits of the land,etc. on or across which the rights-of-way is to be created(3) An award which stipulates that the termof the rights-of-way be extended shall stipulate the term of the extension(where the matters specified in item v) of the preceding paragraph areto be amended at the occasion of the extension, the term to be extendedand the matters, as amended, shall be specified in the same item).
ii) Kind and number of lines
iii) Time of the commencement of use
iv) Term of the rights-of-way, when determined
v) Amount of compensations, and the timeand method of the payment
(4) The Minister shall, with respect to the mattersspecified in item v) of paragraph (2) (including those, as amended, stipulatedin the preceding paragraph), hear the opinions of the expropriation committeeof the prefecture to which the jurisdiction over the land, etc. belongsbeforehand and then issue an award based on these opinions. In thiscase, the standards for sum of compensations of said item shall be specifiedin the applicable cabinet order for each kind of lines and land, etc. tocover the loss ordinarily arising from the use thereof.
(5) When the Minister has issued an award of Article129 paragraph (1), the Minister shall without delay issue a notice to theapproved telecommunications carrier and the owner of the land, etc. tothat effect and issue a public notice thereof.
(6) When an award which stipulates thatthe rights-of-way be created has been issued, the rights-of-way of theland, etc. will be acquired by the approved telecommunications carrierat the time of the commencement of the use stipulated in the award.
(7) When an award which stipulates thatthe term of the right?of-way be extended has been issued, the term of saidrights-of-way will be extended for the term stipulated in the award.
(8) The provisions of Article 35 paragraph(8) through paragraph (10) shall apply, mutatis mutandis, to the awardof Article 129 paragraph (1). In these cases, "the amount of moneyto be paid or received by the party (or parties)" in Article 35 paragraphs(8) and (10), shall be read as "the amount of compensations".
(Temporary Use of the Land, Etc.)
Article 133.
(1) With respect to implementation of anauthorized telecommunications business, an approved telecommunicationscarrier may, when it is necessary and unavoidable to use other persons'land, etc. for the purposes specified in the following items, temporarilyuse it insofar as such use does not seriously interfere with the utilizingof the land, etc. However, in the cases of buildings or other structures,such use shall be limited for the purpose of supporting lines.
i) Establishing of storage yardsfor materials and motor pools and soil and stone dumps which are necessaryfor the execution of line installation(2) Any approved telecommunications carriershall obtain permission from the Minister before it temporarily uses other persons'land, etc. in accordance with the provisions of the preceding paragraph. This shall not apply, however, to temporary use for a term of not exceedingfifteen days where a natural disaster, accident or any other emergencyhas occurred.
ii) Establishing of lines and other telecommunicationsfacilities necessary to ensure essential communications in the cases wherea natural disaster, accident or any other emergency has occurred or whereany other especially compelling reason exists
iii) Setting up of land survey markers
(3) Any approved telecommunications carriershall issue a prior notice to the occupant of the land, etc. before ittemporarily uses this person's land etc. in accordance with the provisionsof paragraph (1). However, when it is difficult to issue such noticebeforehand, it shall suffice for the telecommunications carrier to issuea notice without delay after the commencement of the use.
(4) If the land, etc. intended for temporaryuse in accordance with the provisions of paragraph (1) is currently inuse for a residence, the consent of the residents thereof shall be obtained.
(5) The term of the temporary use in accordancewith the provisions of paragraph (1) shall not exceed six months (or oneyear, where temporary lines or land survey markers have been set up inthe cases stipulated in item ii) of the same paragraph).
(6) Any person who enters upon other person'sland, etc. for the purpose of temporary use in accordance with the provisionsof paragraph (1) shall carry a document certifying that permission hasbeen given under paragraph (2) (or an identification card in the casesof the proviso of the same paragraph) and shall produce it to the personsconcerned.
(Entry upon Land)
Article 134.
(1) An approved telecommunications carriermay enter other person's land when it is necessary for a survey, on-siteinvestigation, or installation in relation to telecommunications lines.
(2) The provisions of paragraphs (2), (3),(4) and (6) of the preceding article shall apply, mutatis mutandis, tothe cases where an approved telecommunications carrier enters upon otherperson's land in accordance with the provisions of the preceding paragraph.
(Passage)
Article 135.
(1) An approved telecommunications carriermay pass through other person's land when it is necessary for the installationin relation to lines or for the maintenance of lines.
(2) The provisions of Article 69 paragraph(3) and Article 133 paragraphs (3) and (4) shall apply, mutatis mutandis,to the cases where an approved telecommunications carrier passes throughother person's land in accordance with the provisions of the precedingparagraph.
(Removing Trees and Foliage)
Article 136.
(1) Where any trees or foliage cause atrouble or are at a risk of causing a trouble to lines or interfere withsurveys, on-site investigations or installation in relation to lines, anapproved telecommunications carrier may, when it is unavoidable, cut ortransplant the trees or foliage after obtaining permission from the Minister.
(2) An approved telecommunications carriershall, before it cuts down or transplants such trees or foliage in accordancewith the provisions of the preceding paragraph, issue a notice to the ownerof the trees or foliage to that effect. However, if it is difficultto issue a notice beforehand, it shall suffice for the approved telecommunicationscarrier to issue a notice without delay after the cutting down or transplanting.
(3) Where trees or foliage cause a troubleto lines and when an approved telecommunications carrier deems that theywould, unless removed, cause serious damage to the lines and result inserious interference with ensuring of communications, the carrier may cutor transplant them without obtaining permission of the Minister, notwithstandingthe provisions of paragraph (1). In this case, the approved telecommunicationscarrier shall submit without delay, after the cutting or transplanting,a notification to that effect to the Minister and shall issue a notice to the ownerof the trees or foliage to that effect.
(Compensation for Loss)
Article 137.
(1) When an approved telecommunicationscarrier has caused a loss by having temporarily used other person's land,etc. in accordance with the provisions of Article 133 paragraph (1), byhaving entered other person's land in accordance with the provisions ofArticle 134 paragraph (1), by having passed other person's land in accordancewith the provisions of Article 135 paragraph (1), or by having cut or transplantedany trees or foliage in accordance with the provisions of paragraph (1)or (3) of the preceding article, the approved telecommunications carriershall pay to the person who has suffered a loss compensations for the loss.
(2) When negotiations between an approvedtelecommunications carrier and a person who has suffered a loss fail tocome to an agreement or to start with respect to the compensations fora loss in accordance with the provisions of the preceding paragraph, theapproved telecommunications carrier or the person who has suffered a lossmay, in accordance with the procedures stipulated in the applicable ministerialordinance of the MIC, apply to the prefectural governor for an award.
(3) The provisions of Article 35 paragraphs(5) through (10) shall apply, mutatis mutandis, to the award of the precedingparagraph. In this case, "the Minister" in Article 39 paragraph (5) shallbe read as "the prefectural governor" and "answers in writing" in Article35 paragraph (5) shall be read as "answers in writing (or opinions in writingin the case of a notice to be given to the person who has suffered a loss)";"the Minister"in paragraph (6) of the same article shall be read as "the prefecturalgovernor"; "the amount of money to be paid or received by the party (orparties)" in paragraphs (8) and (10) of the same article shall be readas the "amount of compensations".
(4) The award which stipulates that compensationsbe paid shall specify the amount of compensations, and the time and methodof the payment.
(Relocation, Etc. of Lines)
Article 138.
(1) When lines have come to seriously interferewith the use of the land, etc. on or across which the lines are establishedbased on rights-of-way or of the land, etc. adjacent thereto due to alterationin the purpose or method of use of the land, etc., the owner of the land,etc. concerned may request the approved telecommunications carrier concernedto take measures necessary to remove the interference such as relocatingthe lines.
(2) Any approved telecommunications carriershall take the measures in accordance with the preceding paragraph, exceptin the cases where those measures adversely affect the carrying out ofits business activities or involve technical difficulties to a significantextent.
(3) Where negotiations between an approvedtelecommunications carrier and an owner of the land, etc. fail to cometo an agreement or to start with respect to the measures in accordancewith paragraph (1), the approved telecommunications carrier or the ownerof the land, etc. may, in accordance with the procedures stipulated inthe applicable ministerial ordinance of the MIC, apply to the Minister for an award.
(4) The provisions of Article 130 and Article131, and Article 132 paragraphs (1) and (5) shall apply, mutatis mutandis,to the award of the preceding paragraph.
(5) The award which stipulates that themeasures of paragraph (1) be taken may stipulate that the all or part ofthe expenses for the measures be borne by the owner of the land, etc. concerned.
(6) The award which stipulates that themeasures of paragraph (1) be taken shall stipulate the time when such measuresshould be taken (in the cases of the preceding paragraph, the time whensuch measures should be taken, the amount of money to be borne by the ownerof the land, etc. concerned and the time and method of the payment).
(7) When a public notice has been issuedin accordance with the provisions of paragraph (4) applied, mutatis mutandis,in Article 132 paragraph (5), it shall be deemed that an agreement hasbeen reached between the approved telecommunications carrier and the ownerof the land, etc. concerned, as stipulated in the award.
(8) The provisions of Article 35 paragraphs(8) through (10) shall apply, mutatis mutandis, to the award of paragraph(3). In this case, "the amount of money to be paid or received bythe party (or parties)" in paragraphs (8) and (10) of the same articleshall be read as "the amount of expenses to be borne".
(Obligation to Restore to Status Quo Ante)
Article 139.
When an approved telecommunications carrier hasterminated the use of the land, etc. or when its use of the land, etc.for its approved telecommunications business that is no longer necessary,the approved telecommunications carrier shall return the land, etc. afterrestoring it to status quo ante or paying to the owner compensations forthe loss due to not restoring it to status quo ante
(Use of Public Waters)
Article 140.
(1) Any approved telecommunications carriershall, before it lays an underwater cable to be used for its approved telecommunicationsbusiness (hereinafter referred to as an "underwater cable") under any watersused for public use (hereinafter referred to as "waters"), submit a notificationto the Ministerand the relevant prefectural governor (including the Minister for Agriculture,Forestry and Fisheries, where the waters are fishing places over whichthe Minister exercises the power of the prefectural governor in accordancewith the provisions of Article 136 of the Fisheries Law (Law No. 267 of1949), the same shall apply to the following paragraph.) on the followingmatters:
i) Locations of the underwatercable and areas for which an application of paragraph (1) of the followingarticle is to be filed(2) When the relevant prefectural governor,upon receipt of a notification in accordance with the provisions of thepreceding paragraph, deems it necessary to alter any of the matters pertainingto the notification in accordance with the provisions of the precedingparagraph after hearing the opinions of any person interested in the rightsto fish (meaning fishery rights under the Fisheries Law; hereinafter thesame shall apply.) or of any other person actually and duly engaged infishing stipulated in the applicable cabinet order of paragraph (4) ofthe following article within the area of item i) of the preceding paragraphor after taking into account the effect of the telecommunications cablelaying on fishing, he or she may, after a necessary consultation with anyother prefectural governor involved, if any, issue a notice to the Minister and saidapproved telecommunications carrier to that effect within thirty days fromthe day on which said notification was submitted to the governor.
ii) Time of the commencement and completionof the installation work
iii) Outline of the installation work
(3) The provisions of Article 11 paragraph(6) of the Fisheries Law shall apply, mutatis mutandis, to the cases inaccordance with the provisions of the preceding paragraph. In thiscase, "the prefectural governor" in Article 11 paragraph (6) of the FisheriesLaw shall be read as "relevant prefectural governor who received the notificationin accordance with the provisions of Article 140 paragraph (1) of the TelecommunicationsBusiness Law".
(4) The approved telecommunications carriershall, upon receiving the notice in accordance with the provisions of paragraph(2), change said matters. This shall not apply, however, to suchmatters that would seriously interfere with the carrying out of its businessactivities insofar as authorization has been obtained from the Minister not tomake such changes with respect to said matters.
(Protection of Underwater Cable)
Article 141.
(1) When an application from an approvedtelecommunications carrier has been submitted, the Minister may, when it isdeemed necessary for the protection of the underwater cable concerned withrespect to which the laying procedures stipulated in the preceding articlehas been completed, designate an area not exceeding one thousand meters(or fifty meters with respect to a river to which the River Law (Law No.167 of 1964) shall apply, or shall apply, mutatis mutandis; hereinafterreferred to as a "river") from the underwater cable as a protected area.
(2) The designation of the provisions ofthe preceding paragraph shall be made by a notice.
(3) Any approved telecommunications carriershall, as specified in the provisions of the applicable ministerial ordinanceof the MIC,when a protected area has been designated in accordance with the provisionsof paragraph (1), place landmarks indicating such area and issue a publicnotice of the locations of the landmarks.
(4) In a protected area of paragraph (1), no personshall anchor a boat or ship, engage in fishing with a bottom dragnet orin such manners as specified in the applicable cabinet order, dig and gatherearth and sand or moor a boat or raft to the landmarks of the precedingparagraph. This shall not apply, however, in the cases, specifiedin the applicable cabinet order, where unavoidable circumstances existin the case of construction work for a river to be conducted by a riverconservator; in the case of construction work for coastal conservationinstallations stipulated in Article 2 paragraph (1) of the Sea Coast Law(Law No. 101 of 1956) (in this paragraph referred to as "coastal conservationinstallations") to be executed by a coastal conservator stipulated in Article2 paragraph (3) of the same law (in this article referred to as "coastalconservator"); or in the case of construction work for coastal conservationinstallations to be executed by the competent Minister in accordance withthe provisions of Article 6 paragraph (1) of the same law; or in othercases specified in the applicable cabinet order.
(5) When an application from an approvedtelecommunications carrier has been submitted, the prefectural governor(or the Minister for Agriculture, Forestry and Fisheries, where the governorexercises the power of the prefectural governor in accordance with theprovisions of Article 136 of the Fisheries Law, the same shall apply inparagraph (7).) may, when it is deemed necessary to protect the underwatercable, revoke or change the fishery rights which have been created in waterswithin the protected area of paragraph (1), or may order to suspend theexercise of such rights.
(6) The provisions of Article 11 paragraph(6) of the Fisheries Law shall apply, mutatis mutandis, to the cases ofrevocation or changes of the fishery rights, or suspension of the exerciseof such rights in accordance with the provisions of the preceding paragraph. In these cases, "the prefectural governor" in Article 11 paragraph (6)of the Fisheries Law shall be read as "relevant prefectural governor whohas received the application in accordance with the provisions of Article141 paragraph (5) of the Telecommunications Business Law".
(7) The prefectural governor shall, in creatinga fishery right in waters within the protected area of paragraph (1), paynecessary consideration for the protection of the underwater cable concerned.
(8) A coastal conservator shall, in permittingthe establishment of installations or structures on and under waters withinthe protected area of paragraph (1) or in permitting any act on and undersuch waters, pay necessary consideration for the protection of the underwatercable concerned.
Article 142.
(1) Any approved telecommunications carriershall pay to any person holding a fishery right compensations for any losscaused by the revocation or changes of this person's fishery rights orby the suspension of the exercise thereof in accordance with the provisionsof paragraph (5) of the preceding article.
(2) The provisions of Article 39 paragraphs(7) through (12) of the Fisheries Law shall apply, mutatis mutandis, tothe compensations for loss in accordance with the provisions of the precedingparagraph. In this case, "prefectures" in paragraphs (10) and (11)of the same article shall be read as "approved telecommunications carriers".
Article 143.
No vessel shall navigate in waters within theboundary stipulated in the applicable ministerial ordinance of the MIC, not exceedingone thousand meters (or fifty meters with respect to a river) from a vesselwhich is laying or repairing an underwater telecommunications cable belongingto an approved telecommunications carrier, and which displays a symbolindicating that activity, or within the boundary stipulated in the applicableministerial ordinance of the MIC, not exceeding four hundred meters (or thirtymeters with respect to a river) from a buoy which marks the location ofthe underwater cable being laid or repaired and which displays a symbolindicating such a buoy.