Supplementary Provisions
(Day of Enforcement)
Article 1.
This Law shall come into force as of April 1,1985.
(Review)
Article 2.
The government shall, within three years fromthe day of enforcement of this Law, review the situation under which thisLaw is executed and shall take necessary measures based upon the resultsof the review.
(Repeal of the Public Telecommunications Law)
Article 3.
The Public Telecommunications Law (Law No. 97of 1953) shall be repealed.
(Transitional Measures)
Article 4.
(1) Any business pertaining to the public telecommunicationsactivities being actually conducted by Nippon Telegraph and Telephone PublicCorporation before dissolution (hereinafter referred to as the "Ex-Corporation")at the time of enforcement of this Law and falls or is deemed to fall undera Type I telecommunications business shall be deemed to be the businessof which Nippon Telegraph and Telephone Corporation (hereinafter referredto as "NTT") has obtained a permission of Article 9 paragraph (1) on theday of enforcement of this Law (hereinafter referred to as the "day ofenforcement").
(2) Any business pertaining to the public telecommunicationsactivities being actually conducted by Kokusai Denshin Denwa Company, Limited(hereinafter referred to as "KDD") at the time of enforcement of this Lawand comes or is deemed to come under the Type I telecommunications businessshall be deemed to be the business of which KDD has obtained a permissionof Article 9 paragraph (1) on the day of enforcement.
(3) Both NTT and KDD shall, within one month fromthe day of enforcement, submit a notification on the matters specifiedin the applicable ordinance of the Ministry of Posts and Telecommunicationswith respect to the business stipulated in the preceding two paragraphsto the Minister of Posts and Telecommunications.
Article 5.
(1) For the time being, the telegram business(including delivery, the same shall apply in this article) shall be deemedto be a telecommunications business, and the portion of said business pertainingto reception and delivery shall be conducted only by Nippon Telegraph andTelephone East Corporation, Nippon Telegraph and Telephone West Corporation,and the person who succeeded to the status of KDD Corporation (hereinafterreferred to in this article as "KDD successor") established by the KokusaiDenshin Denwa Company, Limited Law (Law No. 301 of 1952), which was abolishedunder the provisions of Article 1 of the Law Concerning Rationalizationof the Laws, Regulations and Legal Practices in the Field of Telecommunications(Law No. 58 of 1998). In this case, with respect to the telegrambusiness, the provisions (except Article 16, Article 17 and the SupplementaryProvisions Article 5 paragraph (1), and including Penal Provisions. This shall apply in the following paragraph.) of this Law (hereinafterin this article referred to as the "Old Law") before amendment by the provisionsof Article 2 of the "Law to Amend the Telecommunications Business Law andthe Law Concerning Nippon Telegraph and Telephone Corporation, Etc." (LawNo. 125 of 2003) shall remain in force.
(2) In the case of the preceding paragraph, thetelegram services provided by Nippon Telegraph and Telephone East Corporation,Nippon Telegraph and Telephone West Corporation, and the KDD successorto handle telegrams shall be deemed to be a telecommunications servicestipulated in Article 2 item iii) of the Old Law; the business activitiesto provide said services shall be deemed to be telecommunications businessactivities stipulated in Article 2 item vi) of the Old Law; and the telegrambusiness operated by Nippon Telegraph and Telephone East Corporation, etc.shall be deemed to be a Type I telecommunications business stipulated inArticle 6 paragraph (2) of the Old Law, to which the provisions of theOld Law deemed to remain in force as specified in the preceding paragraphshall apply.
(3) Notwithstanding the provisions of Article15 paragraph (1) of the Old Law, Nippon Telegraph and Telephone East Corporation,etc. may, as specified in the applicable ministerial ordinance of the MIC, entrustpart of the business activities pertaining to their telegram business toothers.
(4) In addition to matters stipulated in accordancewith the provisions of the preceding three paragraphs, other matters necessaryfor business activities or services pertaining to the handling of telegramsshall be stipulated in the applicable ministerial ordinance of the MIC.
Article 6.
Any person who, at the time of enforcement ofthis Law, is operating a business which comes under the cases specifiedin the applicable ministerial ordinance of the Ministry of Posts and Telecommunicationsunder Article 55-13 paragraph (2) of the Public Telecommunications Lawwhich was repealed by this Law (hereinafter referred to as the "old PublicLaw") shall be deemed to have been operating a telecommunications businesswhich is equivalent to the General Type II telecommunications businessand has submitted a notification in accordance with the provisions of Article22 paragraph (1) on the day of enforcement.
Article 7.
Any entrustment of part of public telecommunicationsactivities being operated at the time of enforcement of this Law by theEx-Corporation or KDD based upon the provisions of Articles 7 through 10of the old Public Law, shall be deemed to be the entrustment of which NTTor KDD has obtained an authorization of Article 15 paragraph (1), or theentrustment based upon the provisions of Article 5 paragraph (2) of theSupplementary Provisions until the termination day specified in the entrustmentcontract on the day of enforcement.
Article 8.
(1) With respect to the matters which requireauthorization under the provisions of this Law and relate to the provisionof the telecommunications service pertaining to a Type I telecommunicationsbusiness of which the permission of Article 9 paragraph (1) is deemed tohave been granted in accordance with the provisions of Article 4 paragraph(1) or (2) of the Supplementary Provisions, NTT and KDD shall submit anapplication for authorization within two months of the day of enforcement.
(2) NTT and KDD may continue, from the day ofenforcement until the disposition is made on authorization of the applicationof the preceding paragraph, to provide their telecommunications servicesunder the same terms and conditions as before.
Article 9.
(1) With respect to the telephone subscriber'sright in accordance with the provisions of the old Public Law based uponthe contract between the Ex-Corporation and its subscriber, the provisionsof Articles 38 through 38-3 thereof shall, for the time being, remain inforce even after the day of enforcement. In this case, "the PublicCorporation" in Article 38 paragraphs (1) of the old Public Law shall beread as "either Nippon Telegraph and Telephone East Corporation or NipponTelegraph and Telephone West Corporation who duly succeeded to the rightsand obligations pertaining to the telephone subscribers' rights in accordancewith the succession plan stipulated in Article 5 Paragraph 6 of the SupplementaryProvisions of the Law Concerning Partial Amendment of the Nippon Telegraphand Telephone Corporation Law (Law No. 98 of 1997)"; and "the Public Corporation"in Article 38 paragraphs (2) of the old Public Law shall be read as " NipponTelegraph and Telephone East Corporation or Nippon Telegraph and TelephoneWest Corporation" and "shall not be made the object of a pledge" in paragraph(4) of the same article shall be read as "shall not be made the objectof a pledge with the exception of the case stipulated in the Law Concerningthe Exceptional Measures on Pledge of Telephone Subscriber's Right (LawNo. 138 of 1958)"; and "telephone offices" in Article 38-2 and Article38-3 paragraph (1) of the old Public Law shall be read as "offices of NipponTelegraph and Telephone East Corporation or Nippon Telegraph and TelephoneWest Corporation which handle customer business relating to telephone services".
(2) With respect to the right based upon the contractconcluded between NTT and its subscriber after the day of enforcement,and the contract concluded between Nippon Telegraph and Telephone EastCorporation or Nippon Telegraph and Telephone West Corporation and theirsubscribers on or after the day of enforcement of the Law Concerning thePartial Amendment of Nippon Telegraph and Telephone Corporation Law (LawNo. 98 of 1997), which meets the requirements specified in the applicableministerial ordinance of the Ministry of Posts and Telecommunications forbeing equivalent to the telephone subscriber's right of the preceding paragraph,the provisions of Articles 38 through 38-3 of the old Public Law to beapplicable to the telephone subscriber's right of the same paragraph shall,during the term within which the provisions of these articles of the oldPublic Law remain in force in accordance with the provisions of the sameparagraph, still follow the cases of these provisions.
Article 10.
Any agreement or contract which KDD has, at thetime of the enforcement of this Law, actually entered into with the authorizationof Article 108 of the old Public Law, shall be deemed, until the terminationday specified in said agreement or contract, to be an agreement or contractwhich KDD has entered into with an authorization of Article 40.
Article 11.
With respect to the application of Article 43paragraph (1) to NTT and KDD, "prior to the commencement of business" inthe same paragraph shall be read as "without delay after the enforcementof this Law".
Article 12.
The provisions of Article 44 paragraph (1) shallnot apply to NTT or KDD for six months from the day of enforcement.
Article 13.
Terminal facilities or customer-owned and maintainedtelecommunications facilities which, at the time of enforcement of thisLaw, actually have been established by users, etc. of the public telecommunicationsservices and connected to telecommunications circuit facilities based uponthe provisions of Article 55-8, Article 55-11 paragraph (3) (includingthe cases where Article 55-11 paragraph (3) shall apply, mutatis mutandis,in Article 55-18), Article 55-13-2 paragraph (1), Article 55-21, Article105 paragraph (1) or Article 108-2, or Articles 55-16 or Article 106 ofthe old Public Law shall be deemed to be terminal facilities or customer-ownedand maintained telecommunications facilities which have been inspectedand certified, in accordance with the former part of Article 51 paragraph(1) (including the cases where Article 51 paragraph (1) shall apply, mutatismutandis, in Article 52 paragraph (2)), to comply with the technical conditions.
Article 14.
(1) Any person who, at the time of enforcementof this Law, is an installation technician based upon the provisions ofArticles 55-17 or Article 105 paragraph (7) of the old Public Law, or thearticles of tariffs stipulated in Article 108-2 thereof shall be deemed,within the scope of this person's old license, to be an installation technicianstipulated in Article 53 paragraph (1) for six months from the day of enforcement. The same shall apply until a new installation technician's license is grantedwhere a notification in accordance with the provisions of the followingparagraph has been submitted.
(2) Any person stipulated in the preceding paragraph,as specified in the applicable ministerial ordinance of the Ministry ofPosts and Telecommunications, when the person has submitted, within theterm stipulated in the same paragraph, a notification to the Minister ofPosts and Telecommunications, shall be deemed to have been certified underArticle 45 paragraph (3) item iii) applied, mutatis mutandis, in Article54 paragraph (2).
Article 15.
Any notification submitted by the Ex-Corporationor KDD before the enforcement of this Law in accordance with the provisionsof Article 100 paragraph (1) of the old Public Law shall be deemed to bea notification which NTT or KDD has submitted in accordance with the provisionsof Article 85 paragraph (1).
Article 16.
Any area which, at the time of the enforcementof this Law, has actually been designated in accordance with the provisionsof Article 101 paragraph (1) of the old Public Law shall be deemed to bea protected area which has been designated in accordance with the provisionsof Article 86 paragraph (1).
Article 17.
Any disposition, procedure and other act thathave been taken, before the enforcement of this Law, toward or by the Ex-Corporationor KDD under the old Public Law or orders thereunder, shall be deemed tobe the disposition, procedure and other act that have been taken towardor by NTT or KDD in accordance with the corresponding provisions of thisLaw.
Article 18.
(1) With respect to the application of the PenalProvisions to any act committed before the enforcement of this Law, theprovisions then in force shall still apply.
(2) With respect to the secrecy of communicationsbeing handled by the Ex-Corporation or KDD before the enforcement of thisLaw, the provisions of Article 112 of the old Public Law shall remain effectiveeven after the enforcement of this Law. In this case, "any personwho engages in the public telecommunications activities" in paragraph (2)of the same article shall be read as "any person who was engaged in thepublic telecommunications activities at the time of the enforcement ofthe Telecommunications Business Law and continues to be engaged in thetelecommunications business after the enforcement of the same Law".
Article 19.
With respect to the application of the provisionsof Article 12 paragraph (1) item i) and item iii), Article 75 paragraph(2) item ii) and item iv) a), and Article 87 paragraph (2) item i) anditem iii), any person who has been sentenced to a fine or severer penalty(limited to such person, if a term of two years has not elapsed since thesentence or suspended sentence was served out) in accordance with the provisionsof the old Public Telecommunications Law before the enforcement of thisLaw; or in accordance with the provisions then in force to be applied inaccordance with the preceding article after the enforcement of this Law;or in accordance with the provisions of the old Public TelecommunicationsLaw which remain in force after the enforcement of this Law, or any juridicalperson or organization including any of officers who fall under those provisionsare applied, shall be deemed to be a person who falls under those provisions.
(Entrustment to the Cabinet Order)
Article 20.
In addition to the provisions of Article 4 throughthe preceding article of the Supplementary Provisions, other transitionalmeasures necessary for the enforcement of this Law shall be specified inthe applicable cabinet order.
Supplementary Provisions(Law No. 57 of June 2, 1987)
This Law shall come into force as of the day specifiedin the applicable cabinet order within three months calculating from theday of promulgation. However, the amended provisions in Article 27paragraph (3) shall come into force as of the day of promulgation.
Supplementary Provisions(Law No. 55 of June 28, 1989) (Excerpts)
(Day of Enforcement, Etc.)
1. This Law shall come into force as of October1, 1989.
Supplementary Provisions(Law No. 61 of May 27, 1992)
This Law shall come into force as of the day specifiedin the applicable cabinet order within three months calculating from theday of promulgation.
Supplementary Provisions(Law No. 89 of November 12, 1993) (Excerpts)
(Day of Enforcement)
Article 1.
This Law shall come into force as of the dayof enforcement of the Administrative Procedures Law (Law No. 88 of 1993).
(Transitional Measures Concerning Adverse Dispositionson Which Inquiries, Etc. Are Made)
Article 2.
Before this Law comes into force, where an inquiryand other requests which seek execution of procedures deemed to be equivalentto the procedures for providing hearing or justification opportunitiesand procedures for statement of opinions stipulated in Article 13 of theAdministrativeProcedures Law have been made to a council or other mutual consent-basedentity on the basis of laws and ordinances, the provisions then in forceshall still apply to the procedures of adverse dispositions pertainingto said inquiry and requests, notwithstanding the provisions of relevantlaws amended by this Law.
(Transitional Measures Concerning the PenalProvisions)
Article 13.
With respect to the application of the PenalProvisions to any act committed before the enforcement of this Law, theprovisions then in force shall still apply.
(Transitional Measures for Adjustment of ProvisionsRelated to Hearings)
Article 14.
A hearing held before the enforcement of thisLaw in accordance with the provisions of laws, a hearing or a hearing committee(except ones pertaining to adverse dispositions), or procedures thereof,shall be deemed to be conducted in accordance with the applicable provisionsof relevant laws amended by this Law.
(Entrustment to the Cabinet Order)
Article 15.
In addition to the provisions of Article 2 throughthe preceding article of the Supplementary Provisions, other transitionalmeasures necessary for the enforcement of this Law shall be specified inthe applicable cabinet order.
Supplementary Provisions(Law No. 73 of June 29, 1994)
This Law shall come into force as of the day ofpromulgation.
Supplementary Provisions(Law No. 82 of May 8, 1995)
(Day of Enforcement)
This Law shall come into force as of the dayspecified in the applicable cabinet order within six months calculatingfrom the day of promulgation
(Transitional Measures)
2. Charges being specified, at the time of enforcementof this Law, by tariffs authorized in accordance with the provisions ofArticle 31 paragraph (1) of the Telecommunications Business Law beforeamendment (hereinafter referred to as the "Old Law"), and those fallingunder the charges to which the provisions of Article 31 paragraph (1) ofthe Telecommunications Business Law after amendment (hereinafterreferred to as the "New Law") shall be applied, shall be deemed to be chargesas authorized in accordance with the provisions of the same paragraph.
3. Charges being specified, at the time of enforcementof this Law, by tariffs authorized in accordance with the provisions ofArticle 31 paragraph (1) of the Old Law, and those falling under the chargesto which the provisions of Article 31 paragraph (1) of the New Law shallbe applied, shall be deemed to be charges as notified in accordance withthe provisions of the same paragraph.
4. Tariffs (except items pertaining to charges)being authorized, at the time of enforcement of this Law, in accordancewith the provisions of Article 31 paragraph (1) of the Old Law, shall bedeemed to be tariffs as authorized in accordance with the provisions ofArticle 31 paragraph (1) of the New Law.
5. Charges specified by tariffs that have beennotified in accordance with the provisions of Article 31 paragraph (5)of the Old Law, prior to the enforcement of this Law, shall be deemed tobe charges as notified in accordance with the provisions of Article 31paragraph (6) of the New Law.
6. Tariffs (except items pertaining to charges)that have been notified in accordance with the provisions of Article 31paragraph (5) of the Old Law, prior to the enforcement of this Law, shallbe deemed to be tariffs as notified in accordance with the provisions ofArticle 31-2 paragraph (5) of the New Law.
7. Applications having been submitted, at thetime of enforcement of this Law, for authorization of tariffs in accordancewith the provisions of Article 31 paragraph (1) of the Old Law shall, wheresaid applications pertaining to the charges to which the provisions ofArticle 31 paragraph (1) of the New Law shall be applied, be deemed tobe the applications for authorization submitted in accordance with theprovisions of the same paragraph; where said applications pertaining tothe charges to which the provisions of Article 31 paragraph (3) of theNew Law shall be applied, be deemed to be the notifications submitted inaccordance with the provisions of the same paragraph; and where said applicationspertaining to the tariffs of Article 31-2 paragraph (1) of the New Law,be deemed to be the applications for authorization submitted in accordancewith the provisions of the same paragraph.
8. With respect to the application of the PenalProvisions to any act committed before the enforcement of this Law, theprovisions then in force shall still apply.
Supplementary Provisions(Law No. 97 of June 20, 1997)
(Day of Enforcement)
Article 1.
This Law shall come into force as of the dayspecified in the applicable cabinet order within six months calculatingfrom the day of promulgation. However, the provisions in the followingarticle shall come into force as of the day of promulgation.
(Inquiry of the Council)
Article 2.
The Minister of Posts and Telecommunicationsmay, even prior to the enforcement of this Law, for the establishment ofthe ministerial ordinances of the Ministry of Posts and Telecommunicationsas specified in Article 38 item iii); Article 38-2 paragraph (1); a), b)or d) of item i), or item ii) of paragraph (3) of Article 38-2; paragraph(4), paragraph (7) or paragraph (9) of Article 38-2; paragraph (1) or paragraph(2) of Article 39-2, or Article 48-2 paragraph (1) of the TelecommunicationsBusiness Law after amendment (hereinafter referred to as the "New Law"),inquire of the council specified in the applicable cabinet order underArticle 94 paragraph (1) of the New Law.
(Transitional Measures Concerning Interconnection,Etc.)
Article 3.
Orders issued, prior to the enforcement of thisLaw, in accordance with the provisions of Article 36 paragraph (3) of theTelecommunications Business Law before amendment (hereinafter referredto as the "Old Law") shall be deemed to be orders having been issued inaccordance with the provisions of Article 36 paragraph (5) of the New Law.
Article 4.
Agreements on interconnection or on sharing thathave been authorized, at the time of the enforcement of this Law shall,in accordance with the provisions of Article 38 paragraph (1) of the OldLaw, where they are interconnection agreements, be deemed to be agreementsas authorized in accordance with the provisions of Article 38-3 paragraph(1) of the New Law; and where they are agreements on sharing, be deemedto be agreements as authorized in accordance with the provisions of Article39-3 paragraph (1) of the New Law.
Article 5.
Applications for authorization of agreementson interconnection or on sharing that have been submitted shall, at thetime of the enforcement of this Law, in accordance with the provisionsof Article 38 paragraph (1) of the Old Law, where they are interconnectionagreements, be deemed to be applications for authorization as submittedin accordance with the provisions of Article 38-3 paragraph (1) of theNew Law; and where they are agreements on sharing, be deemed to be applicationsfor authorization as submitted in accordance with the provisions of Article39-3 paragraph (1) of the New Law.
Article 6.
Contracts that have been authorized, at the timeof the enforcement of this Law, in accordance with the provisions of Article38 paragraph (2) of the Old Law shall be deemed to be contracts as authorizedin accordance with the provisions of Article 39-3 paragraph (2) of theNew Law.
Article 7.
Applications for authorization of contracts thathave been submitted, at the time of the enforcement of this Law, in accordancewith the provisions of Article 38 paragraph (2) of the Old Law shall bedeemed to be applications for authorization as submitted in accordancewith the provisions of Article 39-3 paragraph (2) of the New Law.
Article 8.
Agreements on interconnection or on sharing thathave been notified, at the time of the enforcement of this Law, in accordancewith the provisions of Article 38 paragraph (4) of the Old Law shall, wherethey are interconnection agreements, be deemed to be agreements as notifiedin accordance with the provisions of Article 38-3 paragraph (5) of theNew Law; and where they are agreements on sharing, be deemed to be agreementsas notified in accordance with the provisions of Article 39-3 paragraph(4) of the New Law.
Article 9.
Orders issued, prior to the enforcement of thisLaw, in accordance with the provisions of Article 39 paragraph (1) of theOld Law shall, where they are orders concerning interconnections, be deemedto be orders as issued in accordance with the provisions of Article 39paragraph (1) or paragraph (2) of the New Law; and where they are ordersconcerning the provision of telecommunications services under the sharingor terms and conditions (except those pertaining to the charges specifiedin the applicable ministerial ordinance of the Ministry of Posts and Telecommunicationsunder Article 31 paragraph (1) of the Old Law, the matters specified inthe applicable ministerial ordinance of the Ministry of Posts and Telecommunicationsunder Article 31-2 paragraph (1) of the Old Law, and the technical requirementsto be authorized in accordance with the provisions of Article 49 paragraph(1) or Article 52 paragraph (1) item i) of the Old Law) different fromthe charges authorized in accordance with the provisions of Article 31paragraph (1) of the Old Law, the charges notified in accordance with theprovisions of paragraph (3) of the same article, and the terms and conditionsspecified in the tariffs authorized in accordance with Article 31-2 paragraph(1) of the Old Law (hereinafter referred to as a "non-tariff based service"),be deemed to be orders as issued in accordance with the provisions of Article39-4 paragraph (1) of the New Law.
Article 10.
Requests filed for issuance of orders, priorto the enforcement of this Law, in accordance with the provisions of Article39 paragraph (1) of the Old Law shall, where they are requests concerninginterconnections, be deemed to be requests for issuance of orders as filedin accordance with the provisions of Article 39 paragraph (1) or paragraph(2) of the New Law; and where they are requests concerning the sharingor the provision of non-tariff based services, be deemed to be requestsfor issuance of orders as filed in accordance with the provisions of Article39-4 paragraph (1) of the New Law.
Article 11.
Awards issued, prior to the enforcement of thisLaw, in accordance with the provisions of Article 39 paragraph (2) of theOld Law shall, where they are awards concerning interconnections, be deemedto be awards as issued in accordance with the provisions of Article 39paragraph (4) of the New Law; and where they are awards concerning thesharing or the provision of non-tariff based services, be deemed to beawards as issued in accordance with the provisions of Article 39-4 paragraph(2) of the New Law.
Article 12.
Applications filed for award, prior to the enforcementof this Law, in accordance with the provisions of Article 39 paragraph(2) of the Old Law shall, where they are awards concerning interconnections,be deemed to be applications for awards as filed in accordance with theprovisions of Article 39 paragraph (4) of the New Law, and where they areapplications for awards concerning the sharing or the provision of non-tariffbased services, be deemed to be applications for awards as filed in accordancewith the provisions of Article 39-4 paragraph (2) of the New Law.
Article 13.
Hearings held and procedures thereof conducted,prior to the enforcement of this Law, in accordance with the provisionsof Article 95 of the Old Law shall be deemed to be those as held and conductedin accordance with the provisions of Article 95 of the New Law.
(Transitional Measures Concerning the PenalProvisions)
Article 14.
With respect to the application of the PenalProvisions to any act committed before the enforcement of this Law, theprovisions then in force shall still apply.
(Review)
Article 15.
The government shall, at about three years fromthe enforcement of this Law, if the government deems necessary, upon considerationof the situation under which the provisions pertaining to interconnectionsin the New Law are executed, review rules pertaining to interconnectionsand take necessary measures based upon the results of the review.
Supplementary Provisions(Law No. 98 of June 20, 1997) (Excerpts)
(Day of Enforcement)
Article 1.
This Law shall come into force as of the dayspecified in the applicable cabinet order within two years and six monthscalculating from the day of promulgation.
Supplementary Provisions(Law No. 100 of June 20, 1997)
(Day of Enforcement)
1. This Law shall come into force as of the daywhen the Fourth Protocol to the General Agreement on Trade in Servicescomes into force in Japan.
(Transitional Measures Concerning the PenalProvisions)
2. With respect to the application of the PenalProvisions to any act committed before the enforcement of this Law, theprovisions then in force shall still apply.
Supplementary Provisions(Law No. 58 of May 8, 1998) (Excerpts)
(Day of Enforcement)
Article 1.
This Law shall come into force as of the dayspecified in the applicable cabinet order within six months calculatingfrom the day of promulgation. However, the provisions in the followingitems shall come into force as of the day specified in said respectiveitems.
ii) The provisions of Article 1, theamendment provisions concerning Article 5 of the Supplementary Provisionsof the Telecommunications Business Law in Article 2, and the provisionsof Article 4, Articles 7, 9, and Articles 11 through 16 of the SupplementaryProvisions of the Telecommunications Business Law in Article 2 shall comeinto force as of the day specified in the applicable cabinet order withinfive months calculating from the day of promulgation.
iii) The amendment provisions concerning thecontents of the Telecommunications Business Law in Article 2, the amendmentprovisions of Article 50 of the same law, the amendment provisions to addthree articles after the same article, the amendment provisions to changethe Section title for Section 5 in Chapter II of the same law, the amendmentprovisions of Article 72 of the same law, the amendment provisions to addone article and one Sub-Section after the same article, the amendment provisionsof Articles 92 and 98 in the same law, the amendment provisions of Article108 of the same law (limited to the part pertaining to item iv)), the amendmentprovisions of Article 109 of the same law (limited to the part pertainingto item iii)) and the amendment provisions of Article 110 of the same law,and the amendment provisions of the contents of the Radio Law in Article3, the amendment provisions of Articles 10 and 18 of the same law, theamendment provisions to add one article after Article 24-8 of the samelaw, the amendment provisions of Article 38-2 of the same law, the amendmentprovisions to add three articles after Article 38-15 of the same law, theamendment provisions of Article 73 of the same law, the amendment provisionsof Article 99-11 of the same law (limited to the part to add "Article 38-17paragraph (5) and" after "Article 38-5 paragraph (2) ("), the amendmentprovisions of Article 103 of the same law, the amendment provisions ofArticle 112 of the same law (limited to the part to replace "Article 38-2paragraph (6) or paragraph (7)" with "Article 38-2 paragraph (7) or paragraph(8)"), the amendment provisions of Article 113 of the same law and theprovisions in Article 8 of the Supplementary Provisions shall come intoforce as of the day specified in the applicable cabinet order within tenmonths calculating from the day of promulgation.
(Changes to Articles of Incorporation)
Article 2.
(1) Kokusai Denshin Denwa Company, Limited (referredto as the "Company" in Article 4 of the Supplementary Provisions) whichwas established by the old Kokusai Denshin Denwa Company, Limited Law may,prior to the day of enforcement of the provisions of item ii) of the precedingarticle, make a resolution for changes to its articles of incorporationwhich shall come into force as of the day stipulated in the provisionsof said item.
(2) With respect to the resolution of the precedingparagraph, the provisions of Article 11 paragraph (1) of the old KokusaiDenshin Denwa Company, Limited Law shall not apply.
(Inquiry of the Council)
Article 3.
(1) The Minister of Posts and Telecommunicationsmay, even prior to the day of enforcement of this Law (hereinafter referredto as the "day of enforcement"), for the purpose of the establishment ofthe ministerial ordinances of the Ministry of Posts and Telecommunicationsunder the provisions of Article 31 paragraph (3) of the TelecommunicationsBusiness Law after amendment (hereinafter referred to as the "new TelecommunicationsBusiness Law") in accordance with the provisions of Article 2 orfor the purpose of setting forth of the standard charge index in accordancewith the provisions of the same paragraph, inquire of the council specifiedin the applicable cabinet order under Article 94 of the new TelecommunicationsBusiness Law.
(2) The Minister of Posts and Telecommunicationsmay, even on or prior to the day of enforcement of the provisions of Article1 item iii) of the Supplementary Provisions, inquire of the RadioRegulatory Council, for the purpose of the establishment of the ministerialordinances of the Ministry of Posts and Telecommunications for specifyingfunctions in accordance with the provisions of Article 4 item iii) of theRadio Law after amendment (hereinafter referred to as the "new Radio Law")in accordance with the provisions of Article 3, or for the purpose of theestablishment of the ministerial ordinances of the Ministry of Posts andTelecommunications in accordance with the provisions of Article 38-5 paragraph(2) of the new Radio Law applied, mutatis mutandis, in Article 38-17 paragraph(5) of the new Radio Law.
(Transitional Measures in Connection with Abolitionof the old Kokusai Denshin Denwa Company, Limited Law)
Article 4.
With respect to bonds and interest coupons issuedby the Company before the enforcement of the provisions in Article (1)item ii) of the Supplementary Provisions, and the bonds and interest couponsto be issued after the enforcement of the provisions in the same item bythe Company so as to deliver them to those who have lost their bonds andinterest coupons, the provisions of Article 7 of the old Kokusai DenshinDenwa Company, Limited Law shall still apply after the provisions in thesame item come into force.
(Transitional Measures in Connection with PartialAmendment of the Telecommunications Business Law)
Article 5.
(1) Any person who, at the time of the enforcementof this Law, actually operates a Type II telecommunications business aftersubmitting a notification in accordance with the provisions of Article22 paragraph (1) of the Telecommunications Business Law before amendment(hereinafter referred to as the "old Telecommunications Business Law")in accordance with the provisions of Article 2, and said Type II telecommunicationsbusiness falls under the category of Special Type II telecommunicationsbusiness in accordance with the provisions of Article 21 paragraph (3)of the new Telecommunications Business Law (except a Type II telecommunicationsbusiness that provides telecommunications facilities for communicationsbetween Japan and foreign points for the use of communications of others;referred to as a "new Domestic Special Type II telecommunications business"in the following paragraph) may, within six months calculating from theday of enforcement, continue to operate said Type II telecommunicationsbusiness under the same conditions as before, without being registeredunder Article 24 paragraph (1) of the new Telecommunications Business Law. Where such a person applied for registration under the same paragraph withinthe term and when the term has elapsed, said person may continue to dothe same until the disposition for registration or rejection concerningsuch registration is made.
(2) Any person who, at the time of the enforcementof this Law, actually operates a Type II telecommunications business afterhaving been registered under Article 24 paragraph (1) of the old TelecommunicationsBusiness Law (except those who operate Type II telecommunications businessesthat provides telecommunications facilities for communications betweenJapan and foreign points for the use of communications of others), andwhose Type II telecommunications business does not fall under the categoryof new Domestic Special Type II telecommunications business, shall be deemedto have submitted a notification on the day of enforcement under Article22 paragraph (1) of the new Telecommunications Business Law.
Article 6.
(1) Charges that have been authorized, priorto the day of enforcement, in accordance with the provisions of Article31 paragraph (1) of the old Telecommunications Business Law and chargeswhich have been notified, prior to the day of enforcement, in accordancewith the provisions of Article 31 paragraph (3) of the old TelecommunicationsBusiness Law shall be deemed to be charges as notified in accordance withthe provisions of Article 31 paragraph (1) of the new TelecommunicationsBusiness Law.
(2) Applications that have been submitted, atthe time of the enforcement of this Law, for authorization of charges inaccordance with the provisions of Article 31 paragraph (1) of the old TelecommunicationsBusiness Law shall be deemed to be notifications as submitted in accordancewith the provisions of Article 31 paragraph (1) of the new TelecommunicationsBusiness Law.
(3) With respect to charges specified in the applicableministerial ordinance of the MIC under Article 31 paragraph (3) of the newTelecommunications Business Law, which are for telecommunications servicesbeing provided, at the time of the enforcement of this Law, by a Type Itelecommunications carrier actually installing designated telecommunicationsfacilities specified in Article 38-2 paragraph (2) of the new TelecommunicationsBusiness Law through the use of said designated telecommunications facilities,the provisions of the preceding two paragraphs and the new TelecommunicationsBusiness Law (except Article 31 paragraph (3) of the new TelecommunicationsBusiness Law) shall not apply until the standard charge index stipulatedin Article 31 paragraph (3) is applied, and the provisions then in forceshall still apply.
(4) With respect to the charges to which the provisionsthen in force shall still apply in accordance with the provisions of thepreceding paragraph, the provisions of paragraphs (1) and (2) shall apply,mutatis mutandis. In this case, "prior to the day of enforcement"in paragraph (1) shall be read as "prior to the day of application of thestandard charge index stipulated in paragraph (3)"; and "old TelecommunicationsBusiness Law" in the same paragraph shall be read as "old TelecommunicationsBusiness Law to which the provisions then in force shall still apply inaccordance with the provisions of paragraph (3)"; and "enforcement of thisLaw" in paragraph (2) shall be read as "application of the standard chargeindex stipulated in the following paragraph"; and "old TelecommunicationsBusiness Law" in the same paragraph shall be read as "old TelecommunicationsBusiness Law to which the provisions then in force shall still apply inaccordance with the provisions of the following paragraph".
(5) With respect to the charges for telegram handlingservices of Article 5 paragraph (2) of the Supplementary Provisions ofthe Telecommunications Business Law after amendment in accordance withthe provisions of Article 2 of the "Law to Amend the TelecommunicationsBusiness Law and the Law Concerning Nippon Telegraph and Telephone Corporation,Etc." (Law No. 125 of 2003. Hereinafter referred to as the "AmendmentLaw of 2003".), during the term that the telegram business is regardedas a telecommunications business in accordance with the provisions of Article5 paragraph (1) of the Supplementary Provisions of the TelecommunicationsBusiness Law after amendment, the provisions of the TelecommunicationsBusiness Law before amendment in accordance with the provisions of provisionsof Article 2 of the "Amendment Law of 2003" that shall be deemed to bestill in force in accordance with the provisions of Article 5 paragraph(1) of the Supplementary Provisions of the Telecommunications BusinessLaw after amendment shall not apply, and the provisions of the old TelecommunicationsBusiness Law shall remain in force. In this case, "ministerial ordinance(s)of the Ministry of Posts and Telecommunications" in the old TelecommunicationsBusiness Law shall be read as "ministerial ordinance(s) of the MIC" and "Minister of Posts and Telecommunications" in the same Law shall be readas " Minister".
(Transitional Measures Concerning the PenalProvisions)
Article 7.
With respect to the application of the PenalProvisions to any act committed before the enforcement of each amendmentprovisions of this Law and to any act committed after the day of enforcementwhere the provisions then in force shall still apply in accordance withthe provisions of Article 5 paragraph (1) and paragraph (3) of the precedingarticle of the Supplementary Provisions, the provisions then in force shallstill apply.
(Review)
Article 8.
The government shall, at about ten years fromthe enforcement of the provisions of Article 1 item iii) of the SupplementaryProvisions, if the government deems necessary in view of disciplines oftelecommunications and radio regulations upon consideration of the situationsunder which the provisions of Articles 50-2, 50-3, 72-3 and 72-4 of thenew Telecommunications Business Law, and the provisions of Articles 24-9,38-17 and 38-18 of the new Radio Law are executed, review and take necessarymeasures based upon the results of the review.
Supplementary Provisions(Law No. 54 of May 28, 1999) (Excerpts)
(Day of Enforcement)
Article 1.
This Law shall come into force as of the dayspecified in the applicable cabinet order within one year calculating fromthe day of promulgation
Supplementary Provisions(Law No. 87 of July 16, 1999) (Excerpts)
(Day of Enforcement)
Article 1.
This Law shall come into force as of April 1,2000. However, the provisions in the following items shall come intoforce as of the day stipulated in said each item.
i) In Article 1, the amendment provisionsto add five articles, a Section title, and two Sub-Sections and Sub-Sectiontitles thereof after Article 250 of the Local Autonomy Law (limited tothe parts pertaining to Article 250-9 paragraph (1) of the same law (limitedto the parts pertaining to gaining consent from both the House of Representativesand the House of Councillors)); in Article 40, the amendment provisionsof paragraphs (9) and (10) in the Supplementary Provisions of the NaturalParks Law (limited to the parts pertaining to paragraph (10) in the SupplementaryProvisions of the same Law), the provisions of Article 244 (except theparts pertaining to the amendment provisions of Article 14-3 of the AgriculturalImprovement Promotion Law) and the provisions of Article 472 (except theparts pertaining to the amendment provisions of Articles 6, 8 and 17 ofthe Law for Special Exceptions to Mergers of Cities, Towns and Villages),and the provisions of Article 7 of the Supplementary Provisions, the provisionsof Articles 10, 12, the proviso of Article 59, the provisions of Article60 paragraphs (4) and (5), the provisions of Articles 73, 77, Article 157paragraphs (4) through (6), Articles 160, 163, and 164 and Article 202of the Supplementary Provisions shall come into force as of the day ofpromulgation.
(Affairs of the State, Etc.)
Article 159.
In addition to the affairs stipulated in eachlaw prior to their amendments by this Law, the affairs of the state, otherlocal public entities and public bodies (referred to as "affairs of thestate, etc." in Article 161 of the Supplementary Provisions) which aremanaged or executed, prior to the enforcement of this Law, by institutionsof local public entities in accordance with laws or applicable cabinetorders thereunder shall, after the enforcement of this Law, be dealt withby local public entities as the affairs of said local public entities inaccordance with laws or applicable cabinet orders thereunder.
(Transitional Measures Concerning Dispositions,Applications, Etc.)
Article 160.
(1) With respect to dispositions of permission,etc. and other acts (hereinafter in this article, referred to as "actsof dispositions, etc.") carried out in accordance with the provisions ofrespective laws before amendment before this Law (with respect tothe provisions listed in respective items of Article 1 of the SupplementaryProvisions, said provisions shall apply. The same shall apply hereinafterin this article and in Article 163 of the Supplementary Provisions.) comesinto force, or, with respect to applications for permission, etc. and otheracts (hereinafter in this article, referred to as "acts of applications,etc.") being actually made, at the time of enforcement of this Law, inaccordance with the provisions of respective laws before amendment and where administrative work pertaining to these acts has come into chargeof different persons as of the day of enforcement of this Law, the applicationthereto of amended laws after the day of enforcement of this Law shallbe deemed as acts of dispositions, etc. or acts of applications, etc. thathave been carried out in accordance with the applicable provisions of respectivelaws after amendment, except those stipulated in the provisions of Article2 through the preceding article of the Supplementary Provisions or thosestipulated in the provisions concerning the transitional measures underrespective laws after amendment (including orders thereunder).
(2) With respect to the matters which shall havebeen reported, notified, submitted to the institutions of the state orlocal public entities or for which other procedures shall have been taken,prior to the enforcement of this Law, in accordance with the provisionsof respective laws before amendment, and when such procedures have notyet been conducted prior to the day of enforcement of this Law, these mattersshall be deemed as those not having been reported, notified, nor submittedto the institutions of the state or local public entities and for whichother procedures have not yet taken under the applicable provisions ofrespective laws after amendment; to these matters, except the matters otherwisespecified in this Law and applicable cabinet orders thereunder, the provisionsof respective laws amended by this Law shall apply.
(Transitional Measures Concerning Lodging Complaints)
Article 161.
(1) With respect to lodging of complaints madeconcerning dispositions pertaining to affairs of the state, etc. in accordancewith the Administrative Appeals Law prior to the day of enforcement, wherean administrative agency that had executed said dispositions (hereinafterin this article, referred to as a "disposition agency") had, prior to theday of enforcement, an upper-level administrative agency stipulated inthe same Law (hereinafter in this article, referred to as an "upper-leveladministrative agency"), said disposition agency shall be deemed as continuingto have the upper-level administrative agency even after the day of enforcementand the provisions of the Administrative Appeals Law shall apply to suchlodging. In this case, the administrative agency being regarded asan upper-level administrative agency of said disposition agency shall bedeemed to have been, even prior to the day of enforcement, the upper-leveladministrative agency of said disposition agency.
(2) In the case of the preceding paragraph, wherethe administrative agency being regarded as the upper-level administrativeagency is an institution of a local public entity, the affairs which saidinstitution shall deal with in accordance with the provisions of AdministrativeAppeals Law shall be deemed as the item i) legal consignee business stipulatedin Article 2 paragraph (9) item i) of the new Local Autonomy Law.
(Transitional Measures Concerning Fee)
Article 162.
With respect to fees which shall have been paid,prior to the day of enforcement, in accordance with the provisions of respectivelaws (including orders thereunder) before amendments made thereto by thisLaw, the provisions then in force, except those otherwise specified inthis Law and applicable cabinet orders thereunder, shall apply.
(Transitional Measures Concerning the PenalProvisions)
Article 163.
With respect to the application of the PenalProvisions to any act committed before the enforcement of this Law, theprovisions then in force shall still apply.
(Entrustment of Other Transitional Measuresto Cabinet Orders)
Article 164.
(1) In addition to the provisions in these SupplementaryProvisions, other transitional measures necessary for the enforcement ofthis Law (including transitional measures concerning the Penal Provisions)shall be specified in the applicable cabinet order.
(2) Matters necessary for the application of theprovisions of Articles 18, 51 and 184 of the Supplementary Provisions shallbe specified in the applicable cabinet order.
(Review)
Article 250.
With respect to the item i) legal consignee businessstipulated in Article 2 paragraph (9) item i) of the new Local AutonomyLaw, as much effort as possible shall be made not to add new work to thebusiness; whereas the items included in Table No. 1 of the new Local AutonomyLaw and items indicated in the cabinet order based on the new Local AutonomyLaw shall, when necessary, be reviewed appropriately in view of promotingdecentralization.
Article 251.
The government shall, in order to help localpublic entities execute their affairs and business voluntarily and independently,study the methods, in view of the shift in economic conditions, etc., toensure the securing of revenues from local taxes depending on the scopeof roles played by the state and local public entities respectively, andtake necessary measures based upon the results of the study.
Article 252.
The government shall, in proceeding with thereform of the medical insurance system, pension system, etc., review thesystem of social security-related administrative procedures and the statusfor the staff engaged in those services, from the viewpoint of ensuringbenefits and convenience for the insured and of improving efficiency insuch administrative procedures; if necessary, the government shall takenecessary measures based upon the results of the review.
Supplementary Provisions(Law No. 137 of August 18, 1999) (Excerpts)
(Day of Enforcement)
1. This Law shall come into force as of the dayspecified in the applicable cabinet order within one year calculating fromthe day of promulgation.
Supplementary Provisions (Law No. 160 of December22, 1999) (Excerpts)
(Day of Enforcement)
Article 1.
This Law (except Article 2 and Article 3) shallcome into force as of January 6, 2001.
Supplementary Provisions(Law No. 79 of May 19, 2000)
(Day of Enforcement)
(1) This Law shall come into force as of theday specified in the applicable cabinet order not exceeding six monthscalculating from the day of promulgation. However, the provisionsin the following paragraph shall come into force as of the day of promulgation.
(Inquiry of the Council)
(2) The Minister of Posts and Telecommunicationsmay, even prior to the enforcement of this Law, for the establishment ofthe ministerial ordinances of the Ministry of Posts and Telecommunicationsunder Article 38-2 paragraph (4) or paragraph (12) of the TelecommunicationsBusiness Law after amendment, inquire of the Council specified in the applicablecabinet order under Article 94 of the same law.
Supplementary Provisions(Law No. 91 of May 31, 2000)
(Day of Enforcement)
1. This Law shall come into force as of the daywhen the "Law to Amend the Commercial Code, Etc." (Law No. 90 of 2000)comes into force.
(Transitional Measures)
2. Where the day when this Law comes into forceis before the day when the provisions of the Supplementary Provisions Article8 of the "Independent Administrative Institution, Center for Food Quality,Labeling and Consumer Services Law" (Law No. 183 of 1999) come into force,"Article 27" in Article 19-5-2, Article 19-6 paragraph (1) item iv) andArticle 27 in the amendment provisions of the "Law Concerning Standardizationand Proper Labeling of Agricultural and Forestry Products" in Article 31shall be read as "Article 26".
Supplementary Provisions(Law No. 62 of June 22, 2001)
(Day of Enforcement)
Article 1.
This Law shall come into force as of the dayspecified in the applicable cabinet order not exceeding six months calculatingfrom the day of promulgation of this Law. Provided, however, thatthe provisions of the following items shall come into force as of the daysas specified under said items.
i) The amendment provisions in Article1 to add one section after Section 3 of the Telecommunications BusinessLaw (limited to the parts pertaining to gaining consent from both the Houseof Representatives and the House of Councillors) and the provisions ofthe following article shall come into force on the day of promulgation.
ii) The provisions of Article 2 shall come intoforce on the day stipulated in the applicable cabinet order not exceedingone year calculating from the day of promulgation.
(Inquiry of the Councils, Etc.)
Article 2.
The Minister may, even before this Law comes into force,inquire of the Councils, etc. specified in Article 94 of the TelecommunicationsBusiness Law after amendment (hereinafter referred Article 37-2 paragraph(1) or paragraph (5), to as the "New Telecommunications Business Law")in accordance with the provisions of Article 1, for the purpose of establishingthe applicable ministerial ordinances of the MIC in accordance with the provisionsof Article 37-2 paragraph (1) or paragraph (5), Article 37-3 proviso ofparagraph (3) or paragraph (5), Article 38-3 paragraph (1) or paragraph(5), Article 38-4 paragraph (3) or Article 39-5 paragraph (4) of the NewTelecommunications Business Law; or for the purpose of planning the enactmentof the applicable cabinet order in accordance with the provisions of Article72-10 paragraph (1) of the Telecommunications Business Law after amendmentin accordance with the provisions of Article 2; or for the purpose of establishingthe applicable ministerial ordinances of the MIC in accordance with the provisionsof Article 72-5, Article 72-8 paragraph (1) item i) or item iii), Article72-9 paragraph (1) through paragraph (3) or Article 72-10 paragraph (1)or paragraph (2) of the same law.
(Transitional Measures Related to the PartialAmendment of the Telecommunications Business Law)
Article 3.
(1) Any tariff that, at the time of enforcementof this Law, actually has been authorized in accordance with the provisionsof Article 31-4 paragraph (1) of the Telecommunications Business Law beforeamendment (hereinafter referred to as the "old Telecommunications BusinessLaw") in accordance with the provisions of Article 1, shall, in the casesto which the provisions of Article 31-4 paragraph (1) of the new TelecommunicationsBusiness Law shall be applied, be deemed to be a tariff which has beennotified in accordance with the provisions of the same paragraph; and shall,in the cases to which the provisions of paragraph (3) of the same paragraphshall be applied, be deemed to be a tariff which has been authorized inaccordance with the provisions of the same paragraph.
(2) Any application for authorization of tariffthat, at the time of enforcement of this Law, actually has been submittedin accordance with the provisions of Article 31-4 paragraph (1) of theold Telecommunications Business Law, shall, in the cases of tariffs towhich the provisions of Article 31-4 paragraph (1) of the new TelecommunicationsBusiness Law shall be applied, be deemed to be a notification which hasbeen submitted in accordance with the provisions of the same paragraph;and shall, in the cases of tariffs to which the provisions of paragraph(3) of the same paragraph shall be applied, be deemed to be an applicationfor authorization which has been submitted in accordance with the provisionsof the same paragraph.
(3) Any agreement that, at the time of enforcementof this Law, actually has been authorized in accordance with the provisionsof Article 38-3 paragraph (1) of the old Telecommunications Business Law,shall be deemed to have been submitted in accordance with the provisionsof Article 38-4 paragraph (1) of the new Telecommunications Business Law.
(4) Any application for authorization that, atthe time of enforcement of this Law, actually has been authorized in accordancewith the provisions of Article 38-3 paragraph (1) of the old TelecommunicationsBusiness Law, shall be deemed to have been submitted in accordance withthe provisions of Article 38-4 paragraph (1) of the new TelecommunicationsBusiness Law.
(5) Any interconnection tariff that, at the timeof enforcement of this Law, actually has been authorized in accordancewith the provisions of Article 38-3 paragraph (2) of the old TelecommunicationsBusiness Law, or actually has been notified in accordance with the provisionsof proviso of the same paragraph shall be deemed to be an interconnectiontariff notified in accordance with the provisions of Article 38-4 paragraph(2) of the new Telecommunications Business Law.
(6) Any application for authorization which, atthe time of enforcement of this Law, actually has been submitted in accordancewith the provisions of Article 38-3 paragraph (2) of the old TelecommunicationsBusiness Law, shall be deemed to have been notified in accordance withthe provisions of Article 38-4 paragraph (2) of the new TelecommunicationsBusiness Law.
(7) Any agreement that, at the time of enforcementof this Law, actually has been authorized in accordance with the provisionsof Article 38-3 paragraph (2) of the old Telecommunications Business Law,or any agreement which actually has been concluded in accordance with aninterconnection tariff which has been notified in accordance with the provisionsof the proviso of the same paragraph, or any agreement which actually hasbeen notified in accordance with the provisions of paragraph (5) of thesame article shall be deemed to have been notified in accordance with theprovisions of Article 38-4 paragraph (1) of the new TelecommunicationsBusiness Law.
(8) Any agreement that, at the time of enforcementof this Law, actually has been authorized in accordance with the provisionsof Article 39-3 paragraph (1) of the old Telecommunications Business Law,shall, in the cases of agreements to which the provisions of Article 39-3paragraph (1) of the new Telecommunications Business Law shall be applied,be deemed to be an agreement which has been authorized under the same paragraph;and shall, in the cases of agreements to which the provisions of paragraph(5) of the same article shall be applied, be deemed to be an agreementwhich has been notified in accordance with the provisions of the same paragraph.
(9) Any application for authorization that, atthe time of enforcement of this Law, actually has been submitted in accordancewith the provisions of Article 39-3 paragraph (1) of the old TelecommunicationsBusiness Law, shall, in the cases of agreements to which the provisionsof Article 39-3 paragraph (1) of the new Telecommunications Business Lawshall be applied, be deemed to be an application for authorization whichhas been submitted in accordance with the provisions of the same paragraph;and shall, in the cases of agreements to which the provisions of paragraph(5) of the same article shall be applied, be deemed to have been notifiedin accordance with the provisions of the same paragraph.
(10) Any contract that, at the time of enforcementof this Law, actually has been authorized in accordance with the provisionsof Article 39-3 paragraph (2) of the old Telecommunications Business Law,shall be deemed to have been notified in accordance with the provisionsof Article 39-5 paragraph (1) of the new Telecommunications Business Law.
(11) Any application for authorization that, atthe time of enforcement of this Law, actually has been submitted in accordancewith the provisions of Article 39-3 paragraph (2) of the old TelecommunicationsBusiness Law, shall be deemed to have been notified in accordance withthe provisions of Article 39-5 paragraph (1) of the new TelecommunicationsBusiness Law.
(12) Any agreement that, at the time of enforcementof this Law, actually has been notified in accordance with the provisionsof Article 39-3 paragraph (4) of the old Telecommunications Business Law,shall be deemed to have been notified in accordance with the provisionsof Article 39-3 paragraph (5) of the new Telecommunications Business Law.
(13) Any request that, at the time of enforcementof this Law, actually has been filed in accordance with the provisionsof Article 39-4 paragraph (1) of the old Telecommunications Business Law,shall, in the cases of requests for sharing, be deemed to be a requestof Article 39-4 paragraph (1) of the new Telecommunications Business Law;and shall, in the cases of requests for non-tariff based services (referringto non-tariff based services stipulated in Article 39-3 paragraph (2) ofthe old Telecommunications Business Law; the same shall apply in the followingparagraph.), be deemed to be a request of Article 39-4 paragraph (1) ofthe new Telecommunications Business Law applied, mutatis mutandis, in Article39-6 of the new Telecommunications Business Law.
(14) Any application for award that, at the timeof enforcement of this Law, actually has been filed in accordance withthe provisions of Article 39-4 paragraph (2) of the old TelecommunicationsBusiness Law, shall, in the cases of applications on sharing, be deemedto be an application for award of Article 39 paragraph (4) of the new TelecommunicationsBusiness Law applied, mutatis mutandis, in Article 39-4 paragraph (2) ofthe new Telecommunications Business Law; and shall, in the cases of requestson non-tariff based services, be deemed to be an application for awardof Article 39 paragraph (4) of the new Telecommunications Business Lawapplied, mutatis mutandis, in Article 39-6 of the new TelecommunicationsBusiness Law.
(15) Any person who, at the time of enforcementof this Law, actually has been designated under Article 68 paragraph (1)of the old Telecommunications Business Law, shall be deemed to have beendesignated under Article 68 paragraph (1) of the new TelecommunicationsBusiness Law at the time of enforcement of this Law.
(16) Any disposition, procedure or other act that,except those stipulated in the preceding paragraphs, taken prior to theenforcement of this Law, when there are corresponding provisions in thenew Telecommunications Business Law, shall be deemed to have been takenin accordance with the provisions of the new Telecommunications BusinessLaw.
(Transitional Measures Concerning the PenalProvisions)
Article 4.
With respect to the application of the PenalProvisions to the acts that have been committed prior to the enforcementof this Law, the provisions then in force shall still apply.
(Entrustment of Other Transitional Measuresto Cabinet Orders)
Article 5.
In addition to those stipulated in these SupplementaryProvisions, the necessary transitional measures concerning the enforcementof this Law (including transitional measures concerning the Penal Provisions)shall be specified in the applicable cabinet order.
(Review)
Article 6.
The government shall, after taking into accountchanges, etc. in socioeconomic circumstances in Japan and abroad, includingthe progress of implementation of the provisions after amendment in accordancewith this Law, trends of technologies pertaining to advanced informationand communications networks such as the Internet and use thereof, and,considering smooth operations of international telecommunications businessesand improvement of international competitiveness of Japan's telecommunicationstechnologies, and comprehensively studying the future legal frameworkspertaining to telecommunications including the classification of businesspertaining to communications and broadcasting, take necessary measuresbased upon the results thereof.
Supplementary Provisions(Law No. 125 of July 24, 2003) (Excerpts)
(Day of Enforcement)
Article 1.
This Law shall come into force as of the dayspecified in the applicable cabinet order not exceeding nine months calculatingfrom the day of promulgation of this Law. Provided, however, thatthe provisions of the following items shall come into force as of the daysas specified under said items.
i) The day of promulgation of the followingarticle and the provisions of Articles 17 through 19 of these SupplementaryProvisions
ii) The day stipulated in the applicable cabinetorder not exceeding three months calculating from the day of promulgationof the provisions of Article 3 for amendment adding one article to theSupplementary Provisions of the Law Concerning Nippon Telegraph and TelephoneCorporation, Etc. (referred to as the "NTT Law" in the following item andin Article 16 of these Supplementary Provisions) and from the day of promulgationof the provisions of Article 16 of these Supplementary Provisions
iii) The day stipulated in the applicable cabinetorder not exceeding one year calculating from the day of promulgation ofthe provisions of Article 2, the amendment provisions of Article 11 paragraph(2) of the NTT Law under Article 3, and the provisions of Articles 6 through15 of these Supplementary Provisions, Articles 21 through 31 of these SupplementaryProvisions, Articles 34 through 41 of these Supplementary Provisions, andArticles 44 through 48 of these Supplementary Provisions.
(Inquiry of the Councils, Etc.)
Article 2.
The Minister may, even before the provisions of Article2 come into force, inquire of the Councils, etc. specified in the applicablecabinet order under Article 169 of the Telecommunications Business Lawafter amendment in accordance with the provisions of Article 2, for thepurpose of establishing the applicable ministerial ordinances of the MIC in accordancewith the provisions of Article 8 paragraph (3), Article 9 Proviso, Article20 paragraph (1), Article 21 paragraph (1), Article 26, Article 41 paragraph(1) or paragraph (2), Article 45 paragraph (1) Proviso, Article 52 paragraph(1), Article 70 paragraph (1) item i), Article 108 paragraph (1) item ii)or paragraph (3) of the same article of the Telecommunications BusinessLaw after amendment in accordance with the provisions of Article 2.
(Transitional Measures for Designated ApprovalAgency, Etc.)
Article 3.
(1) Any person who, at the time of enforcementof this Law, actually has been given a designation in accordance with theprovisions of Article 68 paragraph (1) of the Telecommunications BusinessLaw before amendment (hereinafter referred to as the "Old Law") in accordancewith the provisions of Article 1, shall be deemed to have been given aregistration in accordance with the provisions of Article 68 paragraph(1) of the Telecommunications Business Law as amended by the provisionsof Article 1 on the day of enforcement of this Law (hereinafter referredto as the "New Law" from this article through Article 5 of these SupplementaryProvisions). In this case, the term specified in Article 69-2 paragraph(1) shall be calculated from the day of designation or renewal of designationspecified in the Old Law.
(2) At the time of enforcement of this Law, anyapplication for the designation that actually has been filed in accordancewith the provisions of Article 68 paragraph (2) of the Old Law; any applicationfor the renewal of designation that has been filed in accordance with theprovisions of Article 69-2 paragraph (1) of the Old Law; or, any applicationfor recognition that has been filed in accordance with Article 72-3 paragraph(1) of the Old Law, shall be deemed to be the application for the registrationas prescribed in the provisions of Article 68 paragraph (1) of the NewLaw, the application for renewal of registration in accordance with theprovisions of Article 69-2 paragraph (1) of the New Law or the applicationfor recognition in accordance with the provisions of the Article 72-3 paragraph(1) of the New Law.
(3) Any person who, at the time of enforcementof this Law, actually has been given a recognition in accordance with theprovisions of Article 72-3 paragraph (1) of the Old Law, shall be deemedto have been given a recognition in accordance with the provisions of Article72-3 paragraph (1) of the New Law at the time of enforcement of this Law.
(Transitional Measures for Technical ConditionsCompliance Approval, Etc.)
Article 4.
(1) Any application for technical conditionscompliance approval that, at the time of enforcement of this Law, actuallyhas been actually filed in accordance with Article 50 paragraph (2) ofthe Old Law (including the cases where Article 50 paragraph (2) of theOld Law shall apply, mutatis mutandis, in Article 72 of the Old Law), anyapplication for technical conditions compliance approval that has beenactually filed in accordance with Article 50 paragraph (2) of the Old Lawapplied, mutatis mutandis, in Article 72-3 paragraph (5) of the Old Law,or any application for technical conditions compliance approval that hasbeen actually filed in accordance with Article 72-2 paragraph (1) or Article72-3 paragraph (6), shall be deemed to be requests for technical conditionscompliance approval in accordance with Article 50 paragraph (1) (includingthe cases where Article 50 paragraph (1) shall apply, mutatis mutandis,in Article 72-3 paragraph (4) of the New Law), or requests for the certificationof type of terminal equipment in accordance with 50-4 paragraph (1) orArticle 72-3 paragraph (6) of the New Law, respectively.
(2) Any terminal equipment that, prior to theenforcement of this Law, has been given a technical conditions complianceapproval in accordance with the provisions of Article 50 paragraph (2)of the Old Law (including the cases where Article 50 paragraph (2) of theOld Law shall apply, mutatis mutandis, in Article 72 of the Old Law) orany terminal equipment that has been given a technical conditions complianceapproval in accordance with the provisions of Article 50 paragraph (2)of the Old Law applied, mutatis mutandis, in Article 72-3 paragraph (5),shall be deemed to be terminal equipment that has been given a technicalconditions compliance approval in accordance with Article 50 paragraph(1) of the New Law (including the cases where Article 50 paragraph (1)of the New Law shall apply, mutatis mutandis, in Article 72-3 paragraph(4) of the New Law), and shall be deemed to be affixed the mark theretoin accordance with the provisions of Article 50 paragraph (2) of the NewLaw (including the cases where Article 50 paragraph (2) of the New Lawshall apply, mutatis mutandis, in Article 72-3 paragraph (4) of the NewLaw).
(3) Any type that, prior to the enforcement ofthis Law, has been given a certification of type of terminal equipmentin accordance with Article 50-4 paragraph (1), Article 72-2 paragraph (1),or Article 72-3 paragraph (6) of the Old Law, shall be deemed to be a typethat has been given a certification of type of terminal equipment in accordancewith Article 50-4 paragraph (2) of the New Law (including the cases whereArticle 50-4 paragraph (2) of the New Law shall apply, mutatis mutandis,in Article 72-3 paragraph (7) of the New Law).
(4) Any person who, prior to the enforcement ofthis Law, has been given a certification of type of terminal equipmentin accordance with the provisions of Article 50-4 paragraph (1), Article72-2 paragraph (1), or Article 72-3 paragraph (6) of the Old Law shallbe deemed to be a person who has been given a certification of type ofterminal equipment in accordance with Article 50-4 paragraph (2) of theNew Law (including the cases where Article 50-4 paragraph (2) of the NewLaw shall apply, mutatis mutandis, in Article 72-3 paragraph (7) of theNew Law). In these cases, any person who has been given a certificationof type of terminal equipment in accordance with the provisions of Article50-4 paragraph (1), Article 72-2 paragraph (1), or Article 72-3 paragraph(6) of the Old Law shall be deemed to be a person who has fulfilled theobligations in accordance with the provisions of Article 50-5 paragraph(2) of the New Law (including the cases where Article 50-5 paragraph (2)of the New Law shall apply, mutatis mutandis, in Article 72-3 paragraph(7) of the New Law).
(5) Any terminal equipment based on a type certified,prior to the enforcement of this Law, in accordance with the provisionsof Article 50-4 paragraph (1), Article 72-2 paragraph (1), or Article 72-3paragraph (6) of the Old Law and affixed the mark in accordance with theprovisions of Article 50-4 paragraph (5) of the Old Law (including thecases where Article 50-4 paragraph (5) of the Old Law shall apply, mutatismutandis, in Article 72-2 paragraph (3) and Article 72-3 paragraph (8)of the Old Law), shall be deemed to be the terminal equipment based onthe type that has been certified in accordance with the provisions of Article50-4 paragraph (2) of the New Law (including the cases where Article 50-4paragraph (2) of the New Law shall apply, mutatis mutandis, in Article72-3 paragraph (7) of the New Law) and that affixes the mark in accordancewith the provisions of Article 50-6 of the New Law (including the caseswhere Article 50-6 of the New Law shall apply, mutatis mutandis, in Article72-3 paragraph (7) of the New Law).
(6) The provisions of Article 50-2 of the NewLaw (including the cases where Article 50-2 of the New Law shall apply,mutatis mutandis, in Article 50-9 of the New Law and Article 72-3 paragraph(4) and paragraph (7) of the New Law) shall not apply to the terminal equipmentthat has been given a technical conditions compliance approval in accordancewith the provisions of Article 50 paragraph (2) of the Old Law (includingthe cases where Article 50 paragraph (2) of the Old Law shall apply, mutatismutandis, in Article 72 of the Old Law) prior to the enforcement of thisLaw, and that has been given a technical conditions compliance approvalin accordance with the provisions of Article 50 paragraph (2) of the OldLaw applied, mutatis mutandis, in Article 72-3 paragraph (5) of the OldLaw prior to the enforcement of this Law, and terminal equipment basedon the type that has been certified in accordance with provisions of Article50-4 paragraph (3) of the Old Law (including the cases where Article 50-4paragraph (3) of the Old Law shall apply, mutatis mutandis, in Article72-2 paragraph (3) and Article 72-3 paragraph (8) of the Old Law) and thataffixes the mark in accordance with the provisions of Article 50-4 paragraph(5) of the Old Law (including the cases where Article 50-4 paragraph (5)of the Old Law shall apply, mutatis mutandis, in Article 72-2 paragraph(3) and Article 72-3 paragraph (8) of the Old Law) prior to the enforcementof this Law.
(Transitional Measures for the IncorporatedAdministrative Agency National Institute of Information and CommunicationsTechnology)
Article 5.
With respect to the application of the provisionsof Article 69 paragraph (1) item ii) of the New Law during the period fromthe day of enforcement of this Law to the day before the enforcement ofthe Law to Amend the Law Concerning the Incorporated Administrative AgencyCommunications Research Laboratory (Law No. 134 of 2002), "IncorporatedAdministrative Agency National Institute of Information and CommunicationsTechnology" in sub-item a) of the same item (referred to as the "Institution"in sub-item c))" shall be read as "Incorporated Administrative Agency CommunicationsResearch Laboratory" (referred to as the "Laboratory" in sub-item c))",and "Organization" in sub-item c) of the same item shall be read as "Laboratory".
(Transitional Measures for Registration, Etc.of Business)
Article 6.
(1) Any person who, at the time of enforcementof the provisions of Article 2, is actually operating a Type I telecommunicationsbusiness with a permission of Article 9 paragraph (1) of the TelecommunicationsBusiness Law before amendment (hereinafter referred to as the "Old Law"),and who falls under those to be registered in accordance with the provisionsof Article 9 of the Telecommunications Business Law after amendment (hereinafterreferred to as the "New Law") in accordance the provisions of Article 2,shall be deemed to be a person who has been given a registration in accordancewith Article 9 of the New Law on the day of enforcement of the provisionsof Article 2 (hereinafter referred to as the "day of enforcement"), andany person falling under those who shall submit a notification in accordancewith the provisions of Article 16 paragraph (1) of the New Law shall bedeemed to be a person who has submitted a notification on the day of enforcement.
(2) Any application for permission that, at thetime of enforcement of the provisions of Article 2, actually has been submittedin accordance with the provisions of Article 9 paragraph (1) of the OldLaw, shall be deemed to be an application for registration in accordancewith the provisions of Article 9 of the New Law pertaining to those whoshall be registered in accordance with the same article, and to be a notificationin accordance with the provisions of Article 16 paragraph (1) pertainingto those who shall submit a notification in accordance with the provisionsof the same paragraph.
(3) Any application for permission that, at thetime of enforcement of the provisions of Article 2, actually has been submittedin accordance with the provisions of Article 14 paragraph (1) of the OldLaw, shall be deemed to be an application for registration of changes inaccordance with the provisions of Article 13 paragraph (1) of the New Lawpertaining to those who shall be registered in accordance with the provisionsof Article 9 of the New Law, and deemed to be a notification that has beensubmitted in accordance with the provisions of Article 16 paragraph (3)pertaining to those who shall submit a notification in accordance withthe provisions of paragraph (1) of the same article of the New Law.
(4) Any application for authorization that, atthe time of enforcement of the provisions of Article 2, actually has beensubmitted in accordance with the provisions of Article 18 paragraph (3)of the Old Law, shall be deemed to be a notification that has been submittedin accordance with the provisions of Article 18 paragraph (2) of the NewLaw.
(5) Any person who, at the time of enforcementof the provisions of Article 2, actually has submitted a notification inaccordance with the provisions of Article 22 paragraph (1) of the Old Law,or is actually operating a Type II telecommunications business with a registrationof Article 24 paragraph (1) of the Old Law, shall be deemed to be a personwho has submitted a notification of Article 16 paragraph (1) of the NewLaw on the day of enforcement.
(6) Any application for registration that, atthe time of enforcement of Article 2, actually has been submitted in accordancewith the provisions of Article 24 paragraph (1) of the Old Law, shall bedeemed to be a notification that has been submitted in accordance withthe provisions of Article 16 paragraph (1) of the New Law.
(7) Any application for registration of changesthat, at the time of enforcement of Article 2, actually has been submittedin accordance with the provisions of Article 27 paragraph (1) of the OldLaw, shall be deemed to be a notification that has been submitted in accordancewith the provisions of Article 16 paragraph (3) of the New Law.
(Transitional Measures Concerning Approval,Etc. of Business)
Article 7.
(1) Any person who, at the time of enforcementof the provisions of Article 2, is actually operating a Type I telecommunicationsbusiness with permission of Article 9 paragraph (1) of the Old Law, shallbe deemed to be a person who has been given an approval for said telecommunicationsbusiness of Article 117 paragraph (1) of the New Law on the day of enforcement.
(2) Any application for permission that, at thetime of enforcement of the provisions under Article 2, actually has beensubmitted in accordance with the provisions of Article 9 paragraph (1)of the Old Law, shall be deemed to be an application for approval thathas been submitted in accordance with the provisions of Article 117 paragraph(1) of the New Law.
(3) Any term which, at the time of enforcementof the provisions of Article 2, actually has been prescribed in accordancewith the provisions of Article 12 paragraph (1) of the Old Law (includingthe cases where Article 12 paragraph (1) of the Old Law shall apply, mutatismutandis, in Article 14 paragraph (4) of the Old Law), shall be deemedto be a term prescribed in accordance with the provisions of Article 120paragraph (1) of the New Law (including the cases where Article 120 paragraph(1) of the New Law shall apply, mutatis mutandis, in Article 122 paragraph(4) of the New Law).
(4) Any application for permission that, at thetime of enforcement of the provisions of Article 2, actually has been submittedin accordance with the provisions of Article 14 paragraph (1) of the OldLaw, shall be deemed to be an application for approval in accordance withthe provisions of Article 122 paragraph (1) of the New Law.
(5) Any disposition, procedure or any other actthat has been taken toward a Type I telecommunications carrier stipulatedin Article 12 paragraph (1) of the Old Law in accordance with the provisionsunder Chapter III of the Old Law, or any procedure or any other act thathas been taken by a Type I telecommunications carrier stipulated in Article12 paragraph (1) of the Old Law in accordance with the provisions of ChapterIII of the Old Law, shall be deemed to be a disposition, procedure or otheract that has been taken toward an approved telecommunications carrier stipulatedin Article 120 paragraph (1) of the New Law, or a disposition, procedureor other act, in accordance with the equivalent provisions of Section 2of Chapter III of the New Law, or that has been taken by an approved telecommunicationscarrier stipulated in Article 120 paragraph (1) of the New Law in accordancewith the equivalent provisions of Section 2 of Chapter III of the New Law.
(Transitional Measures Concerning TechnicalConditions Compliance Confirmation)
Article 8.
Any person who, at the time of enforcement ofthe provisions of Article 2, has been given a confirmation in accordancewith Article 12 paragraph (4) of the Old Law (including the cases whereArticle 12 paragraph (4) of the Old Law shall apply, mutatis mutandis,in Article 14 paragraph (4) of the Old Law) with respect to telecommunicationsfacilities pertaining to a permission of Article 9 paragraph (1) of theOld Law, shall be deemed to have submitted a notification in accordancewith the provisions of Article 42 paragraph (3) of the New Law (includingthe cases where Article 42 paragraph (3) of the New Law shall apply, mutatismutandis, in paragraph (4) of the same article) with respect to said telecommunicationsfacilities.
(Transitional Measures Concerning Succession,Etc. of Business)
Article 9.
(1) Any application for authorization which,at the time of enforcement of the provisions of Article 2, actually hasbeen submitted in accordance with the provisions of Article 16 paragraph(1) of the Old Law, shall be deemed to be a notification submitted in accordancewith the provisions of Article 17 paragraph (2) of the New Law and alsoan application for authorization in accordance with the provisions of Article123 paragraph (4) of the New Law.
(2) Any application for authorization which, atthe time of enforcement of the provisions of Article 2, actually has beensubmitted in accordance with the provisions of Article 16 paragraph (2)of the Old Law, shall be deemed to be a notification that has been submittedin accordance with the provisions of Article 17 paragraph (2) of the NewLaw and an application for authorization in accordance with the provisionsof Article 123 paragraph (3) of the New Law.
(3) Any application for authorization which, atthe time of enforcement of the provisions of Article 2, actually has beensubmitted in accordance with the provisions of Article 17 paragraph (2)of the Old Law, shall be deemed to be a notification that has been submittedin accordance with the provisions of Article 17 paragraph (2) of the NewLaw and an application for authorization that has been submitted in accordancewith Article 123 paragraph (2) of the New Law.
(4) Any application for permission which, at thetime of enforcement of the provisions of Article 2, actually has been submittedin accordance with the provisions of Article 18 paragraph (1) of the OldLaw, shall be deemed to be a notification that has been submitted in accordancewith the provisions of Article 18 paragraph (1) of the New Law and a notificationthat has been submitted in accordance with the provisions of Article 124paragraph (1) of the New Law.
(Transitional Measures Concerning Tariffs,Etc.)
Article 10.
(1) Of the notifications of charges that, priorto the day of enforcement of this Law, have been submitted in accordancewith the provisions of Article 31 paragraph (1) of the Old Law, the notificationsof charges concerning universal telecommunications services stipulatedin Article 7 of the New Law, shall be deemed to be the notifications ofcharges specified in the tariffs that have been submitted in accordancewith the provisions of Article 19 paragraph (1) of the New Law.
(2) Of the terms and conditions specified in thetariffs that, prior to the day of enforcement of this Law, has been submittedin accordance with the provisions of Article 31-4 paragraph (1) of theOld Law or the terms and conditions specified in the tariffs that havebeen authorized in accordance with the provisions of paragraph (3) of thesame article, the terms and conditions concerning universal telecommunicationsservices stipulated in Article 7 of the New Law, shall be deemed to bethe terms and conditions specified in the tariffs that have been submittedin accordance with the provisions of Article 19 paragraph (1) of the NewLaw.
(3) Of the applications for authorization of thetariffs that, at the time of enforcement of Article 2, actually have beensubmitted in accordance with the provisions of Article 31-4 paragraph (3)of the Old Law, the applications concerning universal telecommunicationsservice stipulated in Article 7 of the New Law shall be deemed to be thenotifications of the tariffs (except charges) in accordance with the provisionsof Article 19 paragraph (1) of the New Law.
(4) Of the notifications of charges that, priorto the day of enforcement of this Law, have been submitted in accordancewith the provisions of Article 31 paragraph (1) of the Old Law, the notificationsof charges concerning designated telecommunications services stipulatedin Article 20 paragraph (1) of the New Law (except universal telecommunicationsservice stipulated in Article 7 of the New Law. Hereinafter the sameshall apply.) shall be deemed to be the notifications of charges specifiedin the tariffs that have been submitted in accordance with the provisionsof Article 20 paragraph (1) of the New Law.
(5) Of the terms and conditions specified in thetariffs that, prior to the day of enforcement of this Law, have been authorizedin accordance with the provisions of Article 31-4 paragraph (3) of theOld Law, the terms and conditions concerning designated telecommunicationsservices stipulated in Article 20 paragraph (1) of the New Law shall bedeemed to be the terms and conditions specified in the tariffs that hasbeen submitted in accordance with the provisions of the same paragraph.
(6) Of the applications for authorization of thetariffs that, at the time of enforcement of the provisions of Article 2,actually have been submitted in accordance with the provisions of Article31-4 paragraph (3) of the Old Law, the applications concerning designatedtelecommunications services stipulated in Article 20 paragraph (1) of theNew Law shall be deemed to be the notifications of the tariffs (exceptcharges) that have been submitted in accordance with the provisions ofthe same paragraph.
(Transitional Measures Concerning Orders toChange Tariffs, Etc.)
Article 11.
(1) Of the orders having been issued, prior tothe enforcement of this Law, in accordance with the provisions of Article31 paragraph (2) of the Old Law or the orders having been issued in accordancewith the provisions of Article 31-4 paragraph (2) of the Old Law, the ordersconcerning terms and conditions including charges for universal telecommunicationsservices stipulated in Article 7 of the New Law shall be deemed to be theorders having been issued in accordance with the provisions of Article19 paragraph (2) of the New Law; the orders concerning terms and conditionsincluding charges for designated telecommunications services stipulatedin Article 20 paragraph (1) of the New Law shall be deemed to be the ordershaving been issued in accordance with the provisions of paragraph (3) ofthe same article of the New Law; the orders concerning terms and conditionsincluding charges for telecommunications services other than universaltelecommunications services or designated telecommunications services shallbe deemed to be the orders having been issued in accordance with the provisionsof Article 29 paragraph (1) of the New Law.
(2) Of the orders to apply for authorization ofchanges in tariffs, that have been issued, prior to the enforcement ofthis Law, in accordance with the provisions of Article 36 paragraph (1)of the Old Law, the orders concerning the tariffs for universal telecommunicationsservices stipulated in Article 7 of the New Law, shall be deemed to bethe orders having been issued in accordance with the provisions of Article19 paragraph (2) of the New Law; the orders concerning the tariffs fordesignated telecommunications services stipulated in Article 20 paragraph(1) of the New Law shall be deemed to be the orders having been issuedin accordance with the provisions of paragraph (3) of the same article;and the orders concerning the tariffs for telecommunications services otherthan universal telecommunications services or designated telecommunicationsservices shall be deemed to be the orders having been issued in accordancewith the provisions of Article 29 paragraph (1) of the New Law.
(Transitional Measures Concerning Posting,Etc. of Tariffs)
Article 12.
(1) Of the charges and tariffs that have beenpublished and posted, prior to the enforcement of this Law, in accordancewith the provisions of Article 32 paragraph (1) of the Old Law, the chargesand tariffs concerning universal telecommunications services stipulatedin Article 7 of the New Law, the charges and tariffs concerning designatedtelecommunications services stipulated in Article 20 paragraph (1) of theNew Law or the charges and tariffs concerning specified telecommunicationsservices stipulated in Article 21 paragraph (1) of the New Law, shall bedeemed to be the charges and tariffs that have been published and postedin accordance with the provisions of Article 23 paragraph (1) of the NewLaw.
(2) Of the charges and terms and conditions thathave been published and posted, prior to the enforcement of this Law, inaccordance with the provisions of Article 32 paragraph (1) of the Old Lawapplied, mutatis mutandis, in paragraph (2) of the same article, the chargesand terms and conditions concerning universal telecommunications servicesstipulated in Article 7 of the New Law or the charges and terms and conditionsconcerning designated telecommunications services stipulated in Article20 paragraph (1) of the New Law, shall be deemed to be the charges andterms and conditions published and posted in accordance with the provisionsof Article 23 paragraph (1) applied, mutatis mutandis, in paragraph (2)of the same article.
(Transitional Measures Concerning Accountsin Order)
Article 13.
The provisions of Article 24 of the New Law shallapply to the accounts in order pertaining to the business year startingon or after the day of enforcement of this Law, and the provisions thenin force shall still apply to the accounts in order pertaining to the businessyear that have started prior to the day of enforcement of this Law.
(Transitional Measures Concerning Agreementson Sharing Telecommunications Facilities)
Article 14.
(1) Any agreement on sharing telecommunicationsfacilities that has been authorized, prior to the enforcement of this Law,in accordance with the provisions of Article 39-3 paragraph (1) of theOld Law, shall be deemed to be the agreement on sharing telecommunicationsfacilities that has been submitted in accordance with the provisions ofArticle 37 paragraph (1) of the New Law.
(2) Any application for authorization of agreementon sharing telecommunications facilities that, at the time of enforcementof the provisions of Article 2, actually has been submitted in accordancewith the provisions of Article 39-3 paragraph (1) of the Old Law, shallbe deemed to be the notification of agreement on sharing telecommunicationsfacilities that has been submitted in accordance with the provisions ofArticle 37 paragraph (1) of the New Law.
(Transitional Measures Concerning Local PublicEntities)
Article 15.
Local public entities that, at the time of enforcementof the provisions of Article 2, are actually operating a telecommunicationsbusiness subject to the provisions of Article 165 paragraph (1) of theNew Law, may continue to operate its business for three months after theday of enforcement of this Law, without notification of the same paragraph.
(Effects of Dispositions, Etc.)
Article 17.
Any disposition, procedure and other act thathas been taken prior to the enforcement of each provision for amendmentunder this Law, in accordance with the provisions of the individual lawsbefore amendment thereof, and of which there are the equivalent provisionsin the individual laws after amendment, shall be deemed to be the disposition,procedure and other act that have been taken in accordance with the provisionsof the individual laws after amendment, except as may be otherwise stipulatedin these Supplementary Provisions.
(Transitional Measures Concerning the PenalProvisions)
Article 18.
The application of the Penal Provisions to theacts that have been committed prior to the enforcement of the provisionsfor amendment under this Law, and the application of penalties to the actscommitted after the enforcement of this Law in the cases where the provisionsthen in force in accordance with the provisions of Article 13 of theseSupplementary Provisions shall still apply, shall still follow the provisionsthen in force.
(Entrustment of Other Transitional Measuresto Cabinet Orders)
Article 19.
In addition to those stipulated in these SupplementaryProvisions, the necessary transitional measures concerning the enforcementof this Law (including transitional measures concerning the Penal Provisions)shall be specified in the applicable cabinet order.
(Review)
Article 20.
In the cases after ten years have elapsed fromthe enforcement of the provisions of Article 1 or Article 2, if the governmentdeems necessary, after review from the viewpoint of disciplines of telecommunicationsupon consideration of the situations in which the provisions of Article1 and Article 2 are being enforced, the government shall take necessarymeasures based upon the results of the review.