Regulations for Enforcement of the Telecommunications Business Law

Supplementary Provisions

(1)

This ministerial ordinance shall come into force as from the effective day of the Law (April 1, 1985).

(2)

The following ministerial ordinances of the Ministry of Posts and Telecommunications shall be abolished:

Regulations for Enforcement of the Public Telecommunications Law (Ministerial Ordinance of MPT No. 38 of 1953)

ii)

Ministerial Ordinance Concerning Provisional and Temporary Measures That Specify the Cases, Etc. under Article 55-13 Paragraph (2) of the Public Telecommunications Law (Ministerial Ordinance of MPT No. 55 of 1982)

(3)

A notification pursuant to the provisions under Article 4 Paragraph (3) of the Supplementary Provisions of the Law shall be made by attaching the following documents to the application of Form 1 which was filed in accordance with the provisions under the same paragraph and read appropriately:

Documents containing the following matters: Ministerial Ordinance Concerning Provisional and Temporary Measures That Specify the Cases, Etc. under Article 55-13 Paragraph (2) of the Public Telecommunications Law (Ministerial Ordinance of MPT No. 55 of 1982)

Forecasts for demand and service plans by type and description of telecommunications services in business years including the days within five years as from April 1, 1985

Amounts of money required, and the method of fund raising and a plan for repayment

Outline of a construction plan for telecommunications facilities and the schedule of the plan (limited to major facilities), and an estimated amount pertaining thereof

ii)

Documents listed in each item of Article 3 Paragraph (4) (except Items x) through xv))

Supplementary Provision (Ministerial Ordinance of MPT No. 85 of December 20, 1985)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 42 of July 14, 1986)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 47 of August 1, 1986)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 56 of October 4, 1986)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 44 of August 31, 1987)

This ministerial ordinance shall come into force as from the effective day (September 1, 1987) of the Law for Partial Amendment to the Telecommunications Business Law (Law No. 57 of 1987).

Supplementary Provision (Ministerial Ordinance of MPT No. 47 of August 1, 1988)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 22 of March 30, 1991)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 41 of July 3, 1992)

This ministerial ordinance shall come into force as from the effective day (August 1, 1992) of the Law for Partial Amendment to the Nippon Telegram and Telephone Corporation Law, Etc. (Law No. 61 of 1992).

Supplementary Provision (Ministerial Ordinance of MPT No. 67 of December 3, 1993)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 2 of January 26, 1994)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 41 of June 29, 1994)

This ministerial ordinance shall come into force as from the effective day (June 29, 1994) of the Law for Partial Amendment to the Telecommunications Business Law and the Radio Law (Law No. 73 of 1994).

Supplementary Provision (Ministerial Ordinance of MPT No. 54 of July 25, 1994)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 67 of September 30, 1994)

This ministerial ordinance shall come into force as from October 1, 1994.

Supplementary Provisions (Ministerial Ordinance of MPT No. 15 of March 15, 1995)

(1)

This ministerial ordinance shall come into force as from the day of promulgation.

(2)

The forms of documents as prescribed by the Regulations for Enforcement of the Telecommunications Business Law, the Regulations for Chief Telecommunications Engineer, the Regulations for Installation Technician, the Rules Concerning Technical Standards Compliance Approval for Terminal Equipment, the Rules for Reporting on Telecommunications Business, and the Rules Concerning Prevention of Radio Propagation Blockage under the Radio Law (hereinafter referred to as "related ministerial ordinances") may still use the conventional forms, notwithstanding the forms as prescribed under the revised related ministerial ordinances, until the day after sixth months calculating from the effective date of this ministerial ordinance.

Supplementary Provision (Ministerial Ordinance of MPT No. 42 of May 23, 1995)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 71 of September 22, 1995)

This ministerial ordinance shall come into force as from the effective day (October 1, 1995) of the Law for Partial Amendment to the Telecommunications Business Law (Law No. 82 of 1995).

Supplementary Provision (Ministerial Ordinance of MPT No. 2 of January 24, 1996)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 30 of March 27, 1996)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provisions (Ministerial Ordinance of MPT No. 31 of March 28, 1996) (Excerpts)

(1)

This ministerial ordinance shall come into force as from April 1, 1997.

Supplementary Provision (Ministerial Ordinance of MPT No. 61 of September 3, 1996)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 73 of November 29, 1996)

This ministerial ordinance shall come into force as from December 10, 1996.

Supplementary Provisions (Ministerial Ordinance of MPT No. 79 of December 26, 1996)
(Effective Date)

(1)

This ministerial ordinance shall come into force as from the day of promulgation.

(Transitional Measures)

(2)

The charges as already authorized pursuant to Article 31 Paragraph (1) of the Telecommunications Business Law (hereinafter referred to as the "Law") before the effective day of this ministerial ordinance and which are pertaining to the telecommunications services as referred to in Article 19-3 Item v) of the amended Regulations for Enforcement of the Telecommunications Business Law (hereinafter referred to as the "New Regulations") shall be deemed to be charges as notified in accordance with the provisions under Article 31 Paragraph (3) of the Law.

(3)

The application for authorization pursuant to the provisions under Article 31 Paragraph (1) of the Law, as already filed before the effective day of this ministerial ordinance and which is pertaining to the telecommunications services as referred to in Article 19-3 Item v) of the New Regulations shall be deemed to be a notification as made in accordance with the provisions under Article 31 Paragraph (3) of the Law.

Supplementary Provisions (Ministerial Ordinance of MPT No. 81 of November 17, 1997)
(Effective Date)
Article 1.

This ministerial ordinance shall come into force as from the day of promulgation. However, the provisions of revision in Article 3, the provisions of revision deleting Article 4, and the provisions of revision in Articles 13, 14, 15 and 16, and the provisions of revision deleting Article 60, and the provisions of revision in Article 65 shall come into force as from the effective day of the Law for Partial Amendment to the Telecommunications Business Law and the Radio Law (Law No. 100 of 1997).

(Transitional Measures)
Article 2.

During the period from the effective day of this ministerial ordinance to March 31, 1998, "ten days before" in Article 23-8 of the amended Regulations for Enforcement of the Telecommunications Business Law (hereinafter referred to as the "New Regulations") shall be read as "one day before".

Article 3.

(1)

In cases where, at the time of designation pursuant to Article 38-2 Paragraph (1) of the Law, a Type I telecommunications carrier who installs the designated telecommunications facilities has a plan with a schedule for commencing installation work of less than the days as given in Article 24-2 Paragraph (1) of the New Regulations, shall file a notification of the plan pursuant to the provisions under Article 24 of the New Regulations by no later than one day prior to the commencement of said installation work, notwithstanding the provisions under the same paragraph. However, in cases where the number of days from said specified day to the commencement of the construction work is to exceed 60 days, said telecommunications carrier shall file a notification thereof within 60 days from said specified day.

(2)

In cases where the notified plan is to be modified in cases under the preceding paragraph, the provisions under Paragraph (1) Item iii) and Paragraph (2) of Article 24-2 shall apply.

Supplementary Provisions (Ministerial Ordinance of MPT No. 24 of March 31, 1998)
(Effective Date)
Article 1.

This ministerial ordinance shall come into force as from the day of promulgation.

(Transitional Measures)
Article 2.

(1)

A Type I telecommunications carrier who is already granted permission before the effective day of this ministerial ordinance shall be deemed to be a Type I telecommunications carrier who offers telecommunications services as stipulated in Article 3 Paragraph (2) of the Regulations for Enforcement of the Telecommunications Business Law (hereinafter referred to as "New Regulations") after revision pursuant to this ministerial ordinance.

(2)

The application as prescribed in Article 9 and Article 14 of the Telecommunications Business Law that has already been filed before the effective day of this ministerial ordinance shall be deemed to be an application pertaining to telecommunications services as stipulated in Article 3 Paragraph (2) of the New Regulations.

(3)

A Type I telecommunications carrier who offers other already permitted services (open digital communications) before the effective day of this ministerial ordinance shall be deemed to be a Type I telecommunications carrier who offers data transmission services, notwithstanding the provisions under Paragraph (1).

Article 3.

(1)

A General Type II telecommunications carrier who had filed a notification, and a Special Type II telecommunications carrier who had already been registered, before the effective day of this ministerial ordinance, shall each be deemed to be a Type II telecommunications carrier who offers telecommunications services as stipulated in Article 33 Paragraph (2) and Article 35 Paragraph (2) of the New Regulations.

(2)

The notification pursuant to Article 22 of the Law and the application pursuant to Article 24 and Article 27 before the effective day of this ministerial ordinance shall be deemed to be a notification, application, and application for changes as stipulated in Article 33 Paragraph (2) and Article 35 Paragraph (2) of the New Regulations.

Supplementary Provision (Ministerial Ordinance of MPT No. 65 of July 29, 1998)

This ministerial ordinance shall come into force as from the effective day (July 31, 1998) of the provisions as specified in Item ii) of Article 1 of the Supplementary Provision of the Law Concerning the Legislation of Related Laws for Rationalization of Regulations in the Field of Telecommunications Rules.

Supplementary Provisions (Ministerial Ordinance of MPT No. 91 of October 29, 1998)
(Effective Date)
Article 1.

This ministerial ordinance shall come into force as from the effective day of the Law Concerning Preparation, Etc. of Relevant Laws for Rationalization of East Nippon Telegraph and Telephone Corporation, West Nippon Telegraph and Telephone Corporation, or Regulations in Telecommunications Field (Law No. 58 of 1998).

(Transitional Measures)
Article 2.

With respect to the charges concerning services handling the telegram as stipulated in Article 5 Paragraph (1) of the Supplementary Provisions of the Telecommunications Business Law, the revised of the Regulations for Enforcement of the Telecommunications Business Law shall not be applicable, and the provisions of the Regulations for Enforcement of the Telecommunications Business Law prior to revision shall remain effective.

Article 3.

With regard to the initial standard charge index as applied to telecommunications services as offered, before the effective day of this ministerial ordinance, by Type I telecommunications carriers who install designated telecommunications facilities as prescribed under Article 38-2 Paragraph (2) of the Telecommunications Business Law after revision pursuant to Article 2 of the Law Concerning Preparation, Etc. of Relevant Laws for Rationalization of East Nippon Telegraph and Telephone Corporation, West Nippon Telegraph and Telephone Corporation, or Regulations in Telecommunications Field (hereinafter referred to as the "new Law"), and as stipulated by the ministerial ordinance of the Ministry of Posts and Telecommunications as referred to in Article 31 Paragraph (3) of the new Law, the phrase "one year from October 1" appearing in Article 19-5 Paragraph (2) of the Regulations for Enforcement of the Telecommunications Business Law after revision pursuant to this ministerial ordinance shall read as "a period from the day of application to September 30".

Supplementary Provision (Ministerial Ordinance of MPT No. 3 of January 11, 1999)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 17 of March 5, 1999)

This ministerial ordinance shall come into force as from the effective day of the provisions as given in Article 1 Item iii) of the Supplementary Provisions of the Law Concerning Preparation, Etc. of Relevant Laws for Rationalization of East Nippon Telegraph and Telephone Corporation, West Nippon Telegraph and Telephone Corporation, or Regulations in Telecommunications Field (Law No. 58 of 1998).

Supplementary Provision (Ministerial Ordinance of MPT No. 32 of March 31, 1999)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provisions (Ministerial Ordinance of MPT No. 38 of April 28, 1999)
(Effective Date)
Article 1.

This ministerial ordinance shall come into force as from December 31, 2000.

(Transitional Measures)
Article 2.

The matters pertaining to the application as stipulated in Article 38-2 Paragraph (2) of the Telecommunications Business Law that had already been filed before the effective day of this ministerial ordinance shall be dealt with as cases in the past, notwithstanding the provisions under Article 23-4 Paragraph (2) of the revised Regulations for Enforcement of the Telecommunications Business Law.

Supplementary Provisions (Ministerial Ordinance of MPT No. 53 of June 30, 1999)
(Effective Date)
Article 1.

This ministerial ordinance shall come into force as from the effective day of the revised law (July 1, 1999).

Supplementary Provisions (Ministerial Ordinance of MPT No. 63 of August 6, 1999)
(Effective Date)
Article 1.

This ministerial ordinance shall come into force as from December 31, 2000)

(Transitional Measures)
Article 2.

Supplementary Provision (Ministerial Ordinance of MPT No. 64 of August 24, 1999)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 65 of August 30, 1999)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 94 of October 29, 1999)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 14 of March 10, 2000)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 27 of April 6, 2000)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 53 of September 12, 2000)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPT No. 55 of September 13, 2000)

This ministerial ordinance shall come into force as from October 1, 2000.

Supplementary Provisions (Ministerial Ordinance of MPT No. 60 of September 27, 2000)
(Effective Date)
Article 1.

This ministerial ordinance shall come into force as from the effective day (January 6, 2001) of the Law for Amending a Portion of the Cabinet Law (Law No. 88 of 1999).

(Transitional Measures)
Article 2.

(1)

The forms prepared in accordance with the Forms or formats prior to the amendment pursuant to this ministerial ordinance shall be allowed to be used for the time being even after the effective day of this ministerial ordinance. In this case, the forms as prepared in accordance with the Forms or formats prior to the amendment may be mended for use.

(2)

The postal savings passbooks, postal savings certificates, cards, withdrawal warrants, postal savings identification cards, postal money orders, debit notes, postal giro payment orders, postal giro payment warrants and "receipt books of premiums for postal life insurance" issued before the effective day of this ministerial ordinance shall be considered to have been issued in accordance with Forms or formats after amendment pursuant to this ministerial ordinance.

Supplementary Provisions (Ministerial Ordinance of MPT No. 64 of November 16, 2000) (Excerpts)
(Effective Date)
Article 1.

This ministerial ordinance shall come into force as from the effective day of the Law for Partial Amendment to the Telecommunications Business Law (Law No. 79 of 2000).

Supplementary Provision (Ministerial Ordinance of MPT No. 65 of November 24, 2000)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provision (Ministerial Ordinance of MPHPT No. 33 of March 29, 2001)

This ministerial ordinance shall come into force as from the effective day (April 1, 2001) of the Law for Partial Amendment to the Commercial Code, Etc. (Law No. 90 of 2000).

Supplementary Provisions (Ministerial Ordinance of MPHPT No. 59 of April 6, 2001)
(Effective Date)

(1)

This ministerial ordinance shall come into force as from the day of promulgation.

(Transitional Measures)

(2)

Regardless of the provisions under Article 24-4, the functions of switching communications via router shall, for the time being, be the functions as provided for under the ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications as referred to in Article 39-2 Paragraph (1) of the Telecommunications Business Law.

Supplementary Provisions (Ministerial Ordinance of MPHPT No. 85 of June 11, 2001)
(Effective Date)

(1)

This ministerial ordinance shall come into force as from the day of promulgation.

(Transitional Measures)

(2)

With regard to the interconnection tariffs as already authorized pursuant to the provisions under Article 38-2 Paragraph (2) of the Telecommunications Business Law before the effective day of this ministerial ordinance, the telecommunications carrier shall file an application for changes in accordance with the provisions under the same paragraph, immediately after the effective day of this ministerial ordinance, in order to ensure their conformance with this ministerial ordinance.

(3)

Until a disposition is made for authorization based on the application under the preceding paragraph, the interconnection tariffs already authorized shall be deemed to be in conformance with the Regulations for Enforcement of the Telecommunications Business Law after amendment and the Rules for Interconnection pursuant to this ministerial ordinance.

(4)

Until a disposition based on application pursuant to the provisions under Paragraph (2) is made, the provisions under the Regulations for Enforcement of the Telecommunications Business Law after amendment and the Rules for Interconnection pursuant to this ministerial ordinance shall not be applied to the interconnection tariffs pertaining to the application as stipulated in Article 38-2 Paragraph (2) of the Law.

Supplementary Provision (Ministerial Ordinance of MPHPT No. 138 of October 25, 2001)

This ministerial ordinance shall come into force as from the day of promulgation.

Supplementary Provisions (Ministerial Ordinance of MPHPT No. 148 of November 29, 2001)
(Effective Date)

(1)

This ministerial ordinance shall come into force as from the effective day (November 30, 2001) of the Law for Partial Amendment to the Telecommunications Business Law (Law No. 62 of 2001).

(Special Exceptions Concerning Unavoidable Reasons of Unfavorable Treatment to Other Telecommunications Carriers)

(2)

With respect to the application of the provisions under Article 22-6 to Type I telecommunications carriers who install Category I designated telecommunications facilities as stipulated in Article 38-2 Paragraph (2) of the Telecommunications Business Law before the effective day of this ministerial ordinance, the phrase "or possibility of nonperformance of payment of the amount to be borne by other telecommunications carriers, service period or other terms and conditions of use, confidentiality, prohibition of unintended uses, and other items as set forth in the contract" shall, for the time being, be read as "or possibility of nonperformance of payment of the amount to be borne by other telecommunications carriers, service period or other terms and conditions of use, confidentiality, prohibition of unintended uses, and other items as set forth in the contract, OR shall be what the Minister of Public Management, Home Affairs, Posts and Telecommunications approves as an unavoidable reason, of all the matters as listed in Article 3 Paragraph (2) Items iv) and vi) of the Supplementary Provisions of the Law for Partial Amendment to the Nippon Telegram and Telephone Corporation Law (Law No. 98 of 1997) as referred to in the Succeeding Plan under Article 5 Paragraph (6) of the Supplementary Provisions of the same law, or shall be what has been authorized by the Minister of Public Management, Home Affairs, Posts and Telecommunications pursuant to the provisions under Article 15 of the Telecommunications Business Law as reasons necessary for implementation of said succeeding plan".

Supplementary Provisions (Ministerial Ordinance of MPHPT No. 163 of December 11, 2001)
(Effective Date)

(1)

This ministerial ordinance shall come into force as from the day of promulgation.

(Transitional Measures)

(2)

With regard to the interconnection tariffs already authorized pursuant to the provisions under Article 38-2 Paragraph (2) of the Telecommunications Business Law before the effective day of this ministerial ordinance, a Type I telecommunications carrier who installs Category I designated telecommunications facilities shall file an application for changes based on the provisions under the same paragraph within two months calculating from the effective day of this ministerial ordinance, in order to put said interconnection tariffs in conformance with this ministerial ordinance.

(3)

The interconnection tariffs already authorized shall be deemed to be in conformance with the Regulations for Enforcement of the Telecommunications Business Law after amendment pursuant to this ministerial ordinance, until a disposition is made concerning the authorization based on the application under the preceding paragraph.

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